South Korea Customs Smuggling Penalties: Surcharge, Fine & Penalty Tax
Atlas Legal published detailed commentary on the full financial liability structure arising from smuggling charges under South Korea’s Customs Act — covering the domestic wholesale price surcharge, mandatory fines under the Special Cases Act, and penalty taxes assessed upon criminal conviction. Scope of the Commentary This commentary addresses cases prosecuted under Article 269(2) of South […]
CISG vs. Korean Commercial Code: 6 Key Differences
This is a case commentary on a matter in which Atlas Legal published detailed analysis comparing CISG and South Korea’s Commercial Code across six key issues, with direct citation of operative statutory provisions. Commentary Overview South Korea ratified the CISG in 2004, with the Convention entering into force domestically on March 1, 2005. Because the […]
Provisional Attachment on Court Deposit Cancelled — Non-Recourse Mortgagor
This is a case commentary on a matter in which Atlas Legal secured cancellation of a provisional attachment over a third-party court deposit after the principal proceedings conclusively established that no preserved right existed against the depositor under South Korean law. Case Overview X deposited KRW 92 million with a South Korean court on behalf […]
CISG Governs Korea-Netherlands Goods Contracts — Case 2021Da269388
This is a case commentary on a matter in which the Supreme Court of South Korea held that the United Nations Convention on Contracts for the International Sale of Goods (CISG) governs goods sale contracts between South Korean and Dutch companies on a priority basis, that limitation periods fall entirely outside the CISG’s scope, and […]
Foreign Company Korea Branch Manager: Executive or Employee?
Attorney Taejin Kim of Atlas Legal analyzes Supreme Court Decision 2012Da10959 and Seoul High Court Decision 2021Na2044662 to explain the legal standard South Korean courts apply when determining whether a foreign company’s branch manager is a delegated executive or a protected employee under the Labor Standards Act. Overview This post analyzes two South Korean court […]
Subcontract Price Reduction South Korea – Legitimate Grounds Analysis
Under Article 11(1) of South Korea’s Fair Transactions in Subcontracting Act, reducing an agreed subcontract price is presumptively prohibited. A reduction based on raw material cost declines or exchange-rate movements requires prior agreement, a bidirectional adjustment history, and a rationally calculated amount — all three must be established. Case Background An automotive air-conditioning parts manufacturer […]
Patent Assignment Voided as Fraudulent Transfer in South Korea
This is a case commentary on a matter in which a debtor transferred its only assets — a vessel and two patents — to a third party, rendering itself insolvent, and Atlas Legal’s team obtained court orders cancelling the patent transfer registrations through fraudulent transfer litigation under Article 406 of the Korean Civil Act. Case […]
Force Majeure & Hormuz Strait Crisis: Korean Contract Law Guide
Korea’s Ministry of Justice issued formal guidance on March 11, 2026, addressing the force majeure implications of the Hormuz Strait blockage for Korean companies engaged in international trade. Atlas Legal provides step-by-step support — from contract clause review and notice drafting to arbitration representation — for exporters and importers affected by the crisis. Overview This […]
Email Contract Formation in South Korea – Seoul High Court Ruling
Atlas Legal has published a practical guide explaining when email and messenger exchanges form binding contracts under South Korean law — and how to prove it in court. The guide centers on Seoul High Court Case No. 2021Na2049490 (decided August 17, 2022), in which a Korean manufacturer successfully recovered approximately USD 375,595 from an Uzbek […]
Payment to Employee’s Account — When Is It Valid Discharge in South Korea?
In a case where a frozen seafood buyer had wired a total of KRW 2,224,961,500 to third-party accounts at the supplier’s sales manager’s direction, a South Korean court dismissed the supplier’s goods payment claim in its entirety — finding that the sales manager held implicit authority to collect payments on the supplier’s behalf. Case Overview […]