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 […]
Share Transfer vs. Business Transfer: Non-Compete in South Korea
Attorney Taejin Kim successfully represented the former majority shareholder in a South Korean non-compete injunction proceeding arising from a share transfer, securing dismissal of the application. Drawing on the Supreme Court of Korea’s landmark ruling in 98Da45546 (1999) and a decision of the Incheon District Court, this post explains the critical legal distinction between a […]
Subcontractor Insurance Premium Recovery — Unjust Enrichment Win
Wage Peak System Validity in South Korea: Fixed vs. Extended Retirement
Atlas Legal has published a detailed legal analysis on the validity of South Korean wage peak systems, focusing on the critical distinction between fixed-retirement and extended-retirement types and the Supreme Court’s four-factor framework governing each. Project Overview This analysis examines the legal standards applicable to wage peak system validity disputes in South Korea, drawing primarily […]
Illegal Dispatch vs. Outsourcing in South Korea – Gwangju High Court 2026
A Gwangju High Court judgment issued on January 22, 2026 (Case 2023Na23653) confirmed that a 28-year outsourcing arrangement constituted illegal labor dispatch under South Korean law, obligating the principal company to directly employ over one hundred workers. The court’s analysis makes clear that contract labeling is irrelevant — operational substance controls. Case Background The case […]
Korea Trust Liability Limitation Clause — Supreme Court 2026
South Korea’s Supreme Court unanimously held on February 26, 2026 (Case 2023Da280945) that a liability-limitation clause in a management-type land trust supply contract is unenforceable against a unit buyer under Article 3(4) of the Standard Terms Act if the trust company failed to explain the clause specifically and in detail at the time of contracting. […]
Fatal Commuting Accident Recognized After Childcare Stop
The Seoul Administrative Court has recognized a fatal highway accident as a compensable commuting accident under South Korean workers’ compensation law, ordering COMWEL to cancel its denial of survivors’ benefits and funeral expenses (Seoul Administrative Court, January 22, 2026, Case No. 2025Guhap54242). Project Overview A construction site safety manager employed in Eumseong County, North Chungcheong […]