Korean Law Support for U.S. and Foreign Litigation
Korean law opinions, expert testimony and Korean records for divorce, inheritance, commercial and enforcement matters heard outside Korea.
Cases heard in the United States, Australia, Canada and elsewhere often reach a point where a question can only be answered under Korean law. Who are the heirs of a Korean national, and what can each of them claim? What does a contract governed by Korean law require? Was a Korean company's decision validly made? What does a Korean court record actually establish? Will a judgment be enforced against assets in Korea?
Yeohae Law Firm acts as Korean counsel to foreign lawyers on these questions. We explain Korean law to the foreign court in writing or through testimony, identify and obtain the Korean records that bear on the issue, and prepare English translations that keep the legal meaning of Korean terms intact.
Where Korean Law Enters a Foreign Case
The matters below are those in which foreign counsel most often need Korean law. Each turns on specific Korean statutes and on Korean records that have to be read correctly.
| Matter | Typical Korean-law question | Sources |
|---|---|---|
| Inheritance and estates | Which law governs succession, who the heirs are and in what shares, and what an heir may claim as a legal reserve (유류분) | Private International Act, Article 77; Civil Act, Book V; family relation certificates |
| Korean assets of a deceased person | How Korean bank accounts, shares and real estate pass to the heirs, given that under Korean law they pass directly at death without a court-supervised administration | Civil Act, Article 1005; registers; bank and court procedures |
| Divorce and family property | What Korean assets each spouse holds, and when and how each asset was acquired | Land registers, including closed registers; financial and lease records |
| Contract and commercial disputes | What a contract governed by Korean law means, whether it was validly formed or terminated, and which limitation period applies | Civil Act; Commercial Act; Supreme Court of Korea decisions |
| Companies and shareholdings | Who owns and controls a Korean company, and whether its corporate acts were properly authorized | Commercial Act; corporate register; shareholder and board records |
| Judgments and enforcement | Whether a foreign judgment will be recognized and enforced against assets in Korea, and what an earlier Korean judgment establishes | Civil Procedure Act, Article 217; Civil Execution Act, Article 26; certificates of service and finality |
| Records and translation | Which Korean records exist, who may obtain them, and whether an English translation preserves their legal meaning | Registers, family relation records and court files in the original Korean |
How Korean Law Reaches a Foreign Court
A foreign court does not know Korean law the way it knows its own. Someone has to put Korean law before the court, and the way that is done depends on where the case is heard.
In U.S. federal court, the content of foreign law is a question of law that the court may decide using any relevant material, including testimony (Federal Rule of Civil Procedure 44.1). Many state courts take a similar approach; in Texas, for example, a party that intends to rely on foreign law must give notice and supply the materials (Texas Rule of Evidence 203). Translations and expert opinions are subject to the court's own disclosure requirements, and U.S. counsel decides how these rules apply in each case.
In Australia, Canada, England and Wales and other common-law jurisdictions, foreign law is generally proved as a matter of evidence, usually through a written statement or report from a qualified lawyer of that country, who may also be examined on it.
Where documents have to be served or evidence taken in Korea, the Hague Service and Evidence Conventions apply, and Korea's declarations under them limit some procedures familiar in U.S. practice. These points are best planned with Korean counsel at an early stage.
What We Do for Foreign Counsel
Written Korean law opinions
An opinion prepared in Korean with an English translation, quoting Korean statutes from official English translations where they exist, in the form the court requires, including a sworn declaration or affidavit, with notarization and apostille where needed.
Expert testimony
Deposition and trial testimony on Korean law, given in Korean through a qualified interpreter, by video where the court permits. We provide the CV and other information counsel needs for expert disclosures.
Korean records and translations
Identifying which Korean records exist, requesting those that are lawfully available with proper authorization, arranging certification, preparing English translations and reviewing translations produced by the other side.
Proceedings in Korea
Where the foreign case needs a step in Korea, such as an action to enforce a foreign judgment, an inheritance proceeding or provisional attachment of Korean assets, we act in the Korean courts.
We advise on Korean law only. How the Korean-law findings are treated under the law of the forum is for counsel and the court in that jurisdiction.
Our Experience
We have prepared statements of Korean law for proceedings in Australia and in a U.S. state court. In the U.S. matter, our representative attorney gave video deposition and trial testimony as a Korean law expert, through an interpreter, on the acquisition and inheritance of Korean real estate. Matters in Canada, the United Kingdom and other jurisdictions can be handled on the same basis.
Our day-to-day practice in the Korean courts covers family, inheritance and civil litigation, the same areas of Korean law that foreign cases most often draw on. As an independent Seoul firm, we can usually confirm conflicts promptly, and we correspond with instructing counsel in English.
How an Engagement Works
- Counsel sends the court, the Korean-law questions and the relevant deadlines, together with a list of parties for a conflict check.
- After a consultation on scope, we sign an engagement letter and work begins on receipt of the retainer.
- We review the Korean records and identify any further records needed.
- We prepare the opinion in draft for counsel's review, then finalize it in the required form.
- Where testimony is needed, we coordinate the interpreter and the logistics of remote appearance with counsel.
Fees are agreed for each matter on the basis of its scope.
Guides for Counsel
- Korean Title Trusts in U.S. Litigation: Who Owns Property Registered in Someone Else’s Name?The Real Name Act of 1995 and its effects
- Obtaining and Authenticating Korean Public Records for U.S. LitigationWhich Korean records exist and who can obtain them
- Gift, Inheritance or Purchase? Proving How Korean Real Estate Was Acquired in U.S. LitigationProving how and when property was acquired under Korean law
- Korean Law Expert Witness for U.S. Litigation: Written Opinions and DepositionsWritten opinions, depositions and testimony through an interpreter
- Korean Law Expert Opinions for Foreign CourtsAffidavits and statements of Korean law for Australian, Canadian and other courts
- Enforcing a Foreign Court Judgment in KoreaRecognition requirements and the enforcement judgment
- Recognition of a Korean Divorce in the PhilippinesKorean records and proof of Korean law before a foreign court
Related pages
- Enforcement of Foreign Judgments in KoreaEnforcing U.S. and other foreign judgments against assets in Korea
- Inheriting in Korea from AbroadClaiming a Korean estate as a foreign or overseas heir
- Litigation in Korea for Foreign PartiesCivil and commercial cases in the Korean courts
- International Divorce in KoreaJurisdiction, governing law and procedure in the Korean courts
Frequently Asked Questions
Can a Korean lawyer give expert testimony in a U.S. court?
Yes, where the U.S. court admits the testimony. A Korean lawyer can provide a written opinion on Korean law and give deposition or trial testimony, often by video. Whether and how remote testimony from Korea is permitted is a matter for U.S. counsel and the court. Our testimony is given in Korean through a qualified interpreter.
Which law governs the estate of a Korean national who lived abroad?
Under Korea's Private International Act (Article 77), succession is governed by the law of the deceased's nationality at the time of death. A will may, within limits, designate the law of the deceased's habitual residence or, for real estate, the law of the place where it is located. Whether a foreign court applies Korean law is decided under that court's own conflict-of-laws rules.
Can a U.S. or other foreign judgment be enforced against assets in Korea?
A final foreign judgment is recognized in Korea if it meets the requirements of Article 217 of the Civil Procedure Act, including international jurisdiction of the foreign court, proper service on the defendant, consistency with Korean public policy, and reciprocity. To enforce it, the creditor must obtain an enforcement judgment from a Korean court under Article 26 of the Civil Execution Act.
Do you advise on U.S. or other foreign law?
No. We explain what Korean law says about the Korean assets, records, transactions or proceedings in question. How those findings are treated under the law of the forum, for example in characterizing property in a divorce, is for counsel and the court in that jurisdiction.
Can you obtain Korean records and review translations prepared by the other side?
Yes. Some Korean records, such as land and corporate registers, are available on request, while others can be issued only to the person concerned or an authorized representative. With proper authorization we request the records that are lawfully available, arrange certification and prepare English translations. We can also compare an existing translation against the Korean original and explain any differences that affect the legal analysis.
Pyoung-ho Kim (김평호) · Attorney at Law, Republic of Korea · Representative Attorney, Yeohae Law Firm · Passed the Korean Judicial Examination (2011) · Korean Bar Association Excellent Lawyer Award (2021)
Discuss a Matter
If a case you are handling turns on Korean law or Korean records, send us the court, the questions and your deadlines. Our team will reply in English and, where the matter calls for it, arrange a consultation with a Korean lawyer.