Does the CISG Apply to Your Contract in South Korea?
The CISG governs contracts between contracting states in South Korea, and a “governed by Korean law” clause alone does not exclude it. Supreme Court 2021Da269388 explained.
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Is a Foreign Company’s Korea Branch Manager an Executive or Employee?
Even with a labor law clause in the contract, South Korea courts may classify a branch manager as a delegated executive. Analysis of Supreme Court 2012Da10959 and Seoul High Court 2021Na2044662.
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When Is Reducing a Subcontract Price Lawful in South Korea?
South Korea’s Subcontracting Act bars price cuts unless the primary contractor proves legitimate grounds. Case analysis of Seoul High Court 2020Nu64561.
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Can a Patent Assignment Be Voided as a Fraudulent Transfer in South Korea?
South Korean law allows creditors to void patent assignments made to hide assets. Learn how fraudulent intent is presumed and how patents are restored through litigation under Korean civil law.
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How to Invoke Force Majeure for the Hormuz Strait Crisis in South Korea
Korean exporters and importers facing contract disputes due to Hormuz Strait blockage can use force majeure clauses to limit liability. A South Korea corporate lawyer explains the step-by-step approach.
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Can an Email Form a Binding Contract in South Korea? Unsigned Agreement Guide
In South Korea, a contract can be formed through email or messenger exchanges without a signed document. Learn how Korean courts assess implied consent, with analysis of Seoul High Court Case 2021Na2049490.
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Does Payment to an Employee Discharge the Debt in South Korea?
If a supplier’s employee in South Korea had implicit authority to collect payment, transfers to third-party accounts may still discharge the debt. Implicit authority, embezzlement, and collusion analyzed.
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Share Transfer vs. Business Transfer in South Korea: When Does a Non-Compete Apply?
Did a former shareholder open a competing business after selling shares in South Korea? The statutory non-compete under Commercial Act Article 41 applies only to business transfers. Learn the legal difference and how to protect yourself.
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Recovering Subcontractor Insurance Premiums in South Korea
subcontractor insurance premium unjust enrichment South Korea
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Legitimate Expectations in South Korea: 5 Requirements
Acted on a South Korean government official’s assurance and suffered harm? Learn the 5 legal requirements for legitimate expectations and how to challenge adverse decisions.