Core Answer: When representations and warranties (R&W) in a South Korean M&A contract are breached, the buyer may bring a contractual damages claim (warranty claim) independently of — and concurrently with — civil claims for mistake or fraud under the Civil Act. The Supreme Court in Cases 2017Da6108 and 2012Da64253 held that even a buyer…
Core Answer: The Supreme Court of Korea (en banc), in Case 2022Da214040 (Jan. 22, 2026), held that construction equipment operators who work under the direction and supervision of an employer who has leased the equipment are not ‘third parties’ within the meaning of Article 87(1) of the Industrial Accident Compensation Insurance Act. Accordingly, the Korea…
Core Answer: Under Korean law, even when parallel proceedings are pending before a foreign court, a Korean court cannot automatically dismiss an action on grounds of international lis pendens without a final foreign judgment. Article 11 of the Revised Private International Law Act (2022) grants courts discretion to stay or dismiss, but Seoul High Court…
Core Answer: Under South Korean law, trade secret damages are calculated under Article 14-2(2) of the Unfair Competition Prevention Act based on the infringer’s profits attributable to the misappropriation. Seoul High Court 2025Na206557 (affirmed by Supreme Court 2026Da200492) applied a three-factor formula to the Nexon v. Iron Mace case: (1) a 2.5-year trade secret protection…
Table of Contents 1. The Bottom Line: Full Compensation Without Comparative Negligence 2. Damage Calculation Under South Korean Capital Markets Act 3. Why Bank-Affiliated Securities Firms Bear Heavier Duties in South Korea 4. Self-Regulation Cannot Substitute for Statutory Duties 5. Why Private Equity Funds Are Generally Unsuitable for Elderly Investors in South Korea 6. The…
Table of Contents 1. What requirements must a foreign court exclusive jurisdiction agreement satisfy in South Korea? 2. When have South Korean courts upheld exclusive foreign jurisdiction agreements? 3. When have South Korean courts invalidated exclusive foreign jurisdiction agreements? 4. Are bill of lading reverse-side jurisdiction clauses binding on consignees in South Korea? 5. What…
Table of Contents 1. What Is a “Personal Data Controller” Under South Korea’s PIPA? 2. What Is the Right to Informational Self-Determination? — Supreme Court 2012Da49933 3. Does Using Illegally Obtained Data Make You a Controller? — Supreme Court 2026Do477 4. Is an Insurance Solicitor a Personal Data Controller? — Supreme Court 2024Do14998 5. Does…
Table of Contents 1. Why does this South Korea Supreme Court ruling matter for foreign shippers? 2. What did the Korean Commercial Act say before this decision? 3. How did the Supreme Court of South Korea reason in 2025Da211111? 4. What does this mean for multimodal carriers operating in South Korea? 5. How should cargo…
Table of Contents 1. What standard do South Korean courts apply when judging the right holder’s negligence? 2. Does platform takedown automatically establish causation in South Korea? 3. Does retroactive invalidation render every prior enforcement action unlawful in South Korea? 4. Can the corporate CEO be held personally liable in South Korea? Why This Matters…
Contents 1. Why Did Two Same-Day Rulings Split the Outcome in South Korea? 2. What Does the Five-Factor Dispatch Test Look Like in South Korea? 3. Why Was Packaging Work Held Not to Be Dispatch in South Korea? 4. Why Were Raw Material and Processing Functions Held to Be Dispatch in South Korea? 5. How…
