Arrested or Sued in South Korea? Find an English-Speaking Lawyer | Atlas Legal

1. Situation 1: You Have Been Arrested or Summoned in South Korea

This is the highest-urgency situation. Korean criminal procedure is fast-moving, and the decisions made in the first hours after arrest or summons can significantly affect the outcome of the entire case.

What Korean Criminal Procedure Looks Like for a Foreign National

Korean criminal procedure begins with an investigation phase conducted by police or prosecutors. A foreign national may first become aware of an investigation through a voluntary summons (임의출석 요구) — a request to appear for questioning — which, while technically voluntary, carries significant practical consequences if ignored. Alternatively, an arrest may occur directly if a warrant has been issued or the offense is flagged at the border.

The key procedural milestones in a Korean criminal case are as follows:

Why Legal Representation Must Begin Before the First Interview

Under Korean criminal procedure, a suspect has the right to refuse to answer questions and the right to have counsel present during questioning. However, many foreign nationals — unfamiliar with Korean procedure and intimidated by the setting — make statements during initial police interviews that later complicate their defense. The right to remain silent is the same in Korea as in most other jurisdictions: it must be affirmatively invoked, and it is significantly easier to exercise it with a lawyer present.

The detention warrant hearing is a particularly critical stage for foreign nationals. Because flight risk is a standard ground for detention, and because foreign nationals are structurally more likely to be assessed as flight risks than Korean nationals, having defense counsel present a credible counter-argument at the warrant hearing — demonstrating ties to Korea, willingness to cooperate, and absence of evidence destruction risk — can be the difference between pre-trial detention and conditional release.

What Atlas Legal Does in Criminal Defense Matters

Managing Partner Taejin Kim is a former Korean prosecutor. This background provides a direct, practical understanding of how Korean prosecutors evaluate cases, what factors lead to indictment versus non-prosecution, and what arguments carry weight at the detention warrant stage. The firm handles the full range of white-collar criminal matters that most commonly affect foreign nationals and foreign-invested companies in South Korea:

• Embezzlement (횡령) and breach of fiduciary duty (배임) — particularly allegations against foreign executives managing Korean company funds or assets
• Fraud (사기) — including cases involving international transactions that are characterized as fraudulent by a Korean counterpart
• Trade secret criminal complaints (영업비밀 침해) — filed against departing employees or competing companies
• Customs and tax offenses — particularly those involving import/export activity through Incheon
• Bribery and anti-corruption matters

2. Situation 2: You or Your Company Has Been Sued in South Korea

Receiving a civil complaint (소장) from a Korean court — typically by registered mail — means a lawsuit has been filed against you or your company. Ignoring it will result in a default judgment. The response deadline is set by the court, typically 30 days from service.

What a Korean Civil Lawsuit Looks Like

Korean civil procedure is a written, judge-led process. Unlike common-law jurisdictions, there is no jury in Korean civil cases, and the evidentiary and procedural rules differ significantly from U.S. or UK litigation. Key features that foreign defendants need to understand:

• No discovery in the common-law sense: Korea does not have broad pre-trial discovery. Document production is ordered by the court on a case-by-case basis, and a party cannot compel the opposing party to produce documents through depositions or interrogatories as a matter of right.
• Written submissions dominate: The court proceedings consist primarily of written briefs and document submissions. Oral hearings are shorter and less central than in common-law adversarial proceedings.
• Expert evidence: Courts appoint their own experts in technical cases rather than relying exclusively on party-appointed experts.
• Provisional remedies are commonly used: Korean plaintiffs frequently file for provisional attachment (가압류) of a defendant’s assets simultaneously with or before the main lawsuit, to secure enforcement before judgment.

Special Considerations for Foreign Defendants

Foreign companies sued in Korean courts face a service-of-process issue: Korean courts must serve foreign defendants through international judicial assistance channels (사법공조) or, where applicable, via the Hague Service Convention, which can significantly extend the response timeline. However, if the foreign company has a Korean address — for example, a registered branch or subsidiary — service may be effected domestically, shortening the timeline considerably. Understanding how service was effected is the first step in assessing the deadline for response.

Foreign defendants who do not respond lose by default. Korean default judgments are enforceable against assets located in Korea immediately, and in many foreign jurisdictions through reciprocal enforcement treaties or domestic enforcement proceedings.

3. Situation 3: A Korean Company Has Wronged You — and You Want to Sue

When a Korean business partner breaches a contract, misappropriates trade secrets, fails to pay, or otherwise causes harm, a foreign company or individual has several enforcement options in South Korea — each with different characteristics, timelines, and costs.

Civil Litigation in Korean Courts

Foreign companies have standing to bring civil claims in Korean courts. Korean courts have jurisdiction where the defendant is domiciled in Korea or where the relevant contract was to be performed in Korea. Filing a civil claim requires the complaint to be drafted in Korean, filed with the appropriate court (district court or specialized commercial court), and served on the defendant.

For claims involving contracts with Korean counterparties, the applicable substantive law depends on the governing law clause. Where the contract is silent and both parties are from states party to the United Nations Convention on Contracts for the International Sale of Goods (CISG), the CISG applies automatically as between Korean and foreign parties — a point that is frequently overlooked by both parties and that can materially affect the analysis of breach, remedies, and limitation periods. Atlas Legal has handled multiple matters in which the CISG/Korean Civil Code distinction was a central issue.

Provisional Remedies: Securing Assets Before Judgment

In cases where a Korean counterpart may dissipate assets before judgment, a foreign claimant can apply for provisional attachment (가압류) of the defendant’s Korean assets — bank accounts, real property, shares — prior to or simultaneously with the main lawsuit. Provisional attachment requires showing a prima facie claim and the necessity of the remedy; it does not require a full merits hearing. This is a powerful tool that is frequently underutilized by foreign claimants who are unaware of its availability.

Criminal Complaints as a Parallel Strategy

In South Korea, it is common practice to file a criminal complaint (고소) against a counterpart simultaneously with or prior to civil litigation, particularly where the breach involves fraudulent intent, misappropriation of funds, or trade secret theft. This is not abuse of process under Korean law — it is a recognized and widely used litigation strategy. A criminal complaint triggers a police or prosecutorial investigation, creates pressure on the defendant, and may result in evidence being gathered through the criminal process that can be used in the civil case.

Foreign companies unfamiliar with Korean litigation practice are frequently surprised by how aggressively Korean counterparts use criminal complaints, and equally surprised to learn that they can use the same tool themselves. Atlas Legal advises on whether filing a criminal complaint is appropriate in a given situation and handles the complaint preparation and follow-up with investigating authorities.

4. Situation 4: You Are Doing Business in South Korea and Need Ongoing Legal Support

For foreign companies operating in South Korea — whether through a subsidiary, branch, joint venture, or direct contracting with Korean counterparts — having accessible English-language legal counsel on an ongoing basis is a matter of risk management, not luxury.

Contract Review and Negotiation

Commercial contracts governed by Korean law or involving Korean counterparties contain provisions that operate differently from their apparent equivalents in common-law contracts. Areas where Korean legal concepts diverge most significantly from common-law expectations include:

• Governing law and the CISG: A contract that says “governed by Korean law” does not necessarily exclude the CISG if both parties are from contracting states — a distinction with material consequences for breach analysis and limitation periods
• Liquidated damages clauses: Korean courts actively review and reduce penalty clauses they consider excessive, unlike many common-law jurisdictions where parties’ agreed damages are enforced as written
• Non-compete clauses: Enforceability depends on scope, duration, geographic coverage, and whether compensation was provided — Korean courts apply a reasonableness standard that differs from most Western jurisdictions
• Termination provisions: Korean employment law and corporate law contain mandatory provisions that override contractual termination clauses in certain circumstances

Corporate Governance and Compliance

Foreign-invested companies in South Korea must comply with Korean corporate law requirements that may differ significantly from those in their home jurisdiction. These include statutory requirements for shareholder meetings, director appointment and removal procedures under the Korean Commercial Act (상법), mandatory disclosure obligations, and — for companies in regulated industries — sector-specific licensing and compliance requirements.

A foreign parent company that manages its Korean subsidiary as if it were operating under home-country rules without reference to Korean mandatory law is exposed to governance risk, potential personal liability for directors, and regulatory sanctions.

Dispute Prevention Through Early Legal Advice

The most common observation made by experienced Korean legal practitioners is that the disputes that end up in court could frequently have been avoided — or their scope dramatically reduced — if legal advice had been sought at the contract drafting stage rather than after the relationship had broken down. Having an accessible English-speaking Korean lawyer available to review contracts, flag risks, and advise on compliance before problems arise is significantly more cost-effective than litigation after the fact. Atlas Legal provides this kind of ongoing advisory support to foreign companies operating in South Korea, with English as the working language at every stage.

5. How to Choose the Right English-Speaking Lawyer in South Korea

Not all English-speaking Korean lawyers are equally well-positioned to handle every type of matter. When evaluating legal counsel in South Korea, foreign clients should ask the following questions:

Key Questions to Ask Any Korean Law Firm

Contacting Atlas Legal

Atlas Legal accepts English-language inquiries by email and phone. For urgent matters — particularly criminal summons or arrest — same-day contact is available. For corporate and commercial matters, email inquiries receive a substantive response within one business day.

6. FAQ

Atlas Legal is an Incheon-based law firm that handles the full range of legal matters most commonly faced by foreign nationals and foreign companies in South Korea — criminal defense, civil and commercial litigation, and corporate advisory — with English as the working language at the partner level. The firm’s former-prosecutor background, U.S. legal training, and on-the-ground presence in the Incheon Free Economic Zone make it a practical choice for foreign clients who need substantive Korean legal representation, whether their matter is urgent or long-term. For matters of any type, initial inquiries can be directed to