A U.S. divorce or estate case can run for months before anyone realises that one of its largest questions is not American at all. An apartment in Seoul, farmland outside a provincial city, a share in a parent’s estate, a compensation award paid when a Korean public project took the land — once an asset like that is in dispute, the U.S. court needs to know what Korean law says about it. Who owns it. How it was acquired. Whether a transfer recorded decades ago means what it appears to mean.
U.S. judges do not take that from the parties’ say-so, and they cannot read the Korean statute book themselves. The usual answer is a Korean law expert witness: a Korean lawyer who sets out the relevant law in a written opinion and, where the other side or the court wants to test it, explains it under oath.
Who this note is for
U.S. litigators — and counsel in other common-law jurisdictions — handling family, probate or commercial cases in which Korean law is in issue.
It explains how Korean law is put before a U.S. court, the Korean law questions that most often arise in cross-border family and estate cases, and what changes when a Korean law expert moves from a written opinion to a deposition or trial testimony. It does not discuss how any particular issue should be argued.
Korean law in a U.S. court: a question of law, proved with evidence
In federal court, Federal Rule of Civil Procedure 44.1 requires a party who intends to raise an issue about a foreign country’s law to give notice in a pleading or other writing. The court may consider “any relevant material or source, including testimony,” and its determination is treated as a ruling on a question of law.
State rules follow the same broad pattern with their own deadlines. In Texas, for example, Rule of Evidence 203 requires a party raising foreign law to give reasonable notice and, at least 30 days before trial, to supply all parties with the written materials it intends to rely on — and, where those materials are not in English, both the original text and an English translation. The court, not the jury, determines foreign law. Translations of foreign-language documents offered as evidence are governed separately by Rule of Evidence 1009, which works on a 45-day timetable before trial.
Two practical consequences follow. First, the Korean side of a U.S. case runs on the U.S. calendar: statutes, translations and the expert’s opinion all have to be ready well before trial, and Korean records can take time to obtain. Second, because the judge decides the content of Korean law, the expert’s job is to make that law intelligible to a common-law judge — not simply to translate it.
| U.S. rule | What it governs | Why it matters on the Korean side |
|---|---|---|
| Fed. R. Civ. P. 44.1 | Notice of a foreign-law issue; court may consider any relevant source, including testimony; determination is a ruling on law | The Korean law expert’s report and testimony are among the main sources the court will use |
| Fed. R. Civ. P. 26(a)(2)(B) | Written report of a retained expert: opinions and reasons, facts and data considered, exhibits, qualifications and publications (10 years), prior testimony (4 years), compensation | The Korean expert’s CV, prior-testimony list and opinion must be prepared in a form that satisfies disclosure |
| Tex. R. Evid. 203 | Foreign law: notice, materials and English translations at least 30 days before trial; court decides | Korean statutes and cases relied on must be served in Korean and in English |
| Tex. R. Evid. 1009 | Translations of foreign-language documents: served at least 45 days before trial with a translator’s affidavit | Korean registers, family records and judgments need translations on a separate, earlier clock |
| Tex. R. Civ. P. 195 / 195a | Discovery from testifying experts (Rule 195a applies in suits governed by the Family Code) | Defines when and how the Korean expert may be deposed |
Rules differ between federal and state courts and from state to state. Instructing counsel is responsible for the forum’s procedure; the table is a reference point, not a checklist.
The Korean law questions that come up most often
In cross-border family and estate cases, the same groups of Korean law questions tend to recur. Each rests on specific provisions and on Korean public records that have to be obtained, read and translated.
| Question in the U.S. case | Korean law usually engaged | Korean records usually involved |
|---|---|---|
| Who owns the Korean real estate? | Civil Act Art. 186: a change in real rights in land or buildings by juristic act takes effect only on registration | Certified copy of the real estate register, including closed (historical) registers |
| Was it a gift, an inheritance or a purchase? | The register records a stated cause of registration; whether that cause reflects the underlying transaction is a separate question | Register entries, gift or inheritance tax filings, transaction documents |
| Is property held in one spouse’s name that spouse’s own? | Civil Act Art. 830; Act on the Registration of Real Estate under Actual Titleholder’s Name (in force 1 July 1995), Arts. 4 and 8 | Register, source-of-funds records, family relationship certificates |
| What share did each heir take? | Civil Act Arts. 1000 and 1009 (statutory shares), Art. 1112 (reserved shares); the law in force at the date of death applies | Family relationship certificates; removed family registers (제적등본) for older estates |
| What was the land compensation award? | Act on Acquisition of and Compensation for Land for Public Works Projects — negotiated acquisition versus expropriation ruling | Compensation records, register entries |
| Will the U.S. judgment be enforceable in Korea? | Civil Procedure Act Art. 217; Civil Execution Act Arts. 26–27 | The U.S. judgment, proof of service and finality |
Where the statute and the case law say different things
A good illustration of why Korean law cannot simply be translated is Civil Act Article 830(1). Read literally, it says that property a spouse acquired in his or her own name during the marriage is that spouse’s separate property. The Korean Supreme Court reads it as a presumption. In Supreme Court Decision 2006Du8068 (25 September 2008), the Court held that the presumption is rebutted only where the other spouse actually bore the price in order to own the property in substance, and that the mere fact that the other spouse supplied the purchase money does not automatically establish a title trust; all the circumstances have to be weighed. The same decision addressed when funds traced to the other spouse are presumed to be a gift.
Layered over that is the 1995 real-name registration statute. Article 4 makes title-trust arrangements, and registrations made under them, void as a general rule. Article 8 disapplies that rule — among other cases — where property is registered in a spouse’s name, provided the arrangement was not made to evade tax, avoid enforcement or circumvent a legal restriction. A U.S. judge looking at a Korean register entry in one spouse’s name therefore needs to understand three layers: the statutory text, the presumption the courts have built on it, and the special rules for spouses. That is the kind of explanation an expert report exists to provide.
Inheritance questions carry their own trap: Korean succession law has been amended several times, and the shares are fixed by the law in force when the deceased died. Even the current reserved-share provision has changed — the item that once gave siblings a reserved share has been deleted from Article 1112. For an estate opened decades ago, the applicable rules may differ materially from today’s.
This note describes the provisions. Which of them matters in a given case, and what the Korean records show, depends on the documents — which is why the work begins with the records rather than with the opinion.
From written opinion to deposition: what changes
Many matters need only a written statement of Korean law, and that work is described in our note on Korean law expert opinions for foreign courts. In contested U.S. cases, the opinion is often only the first step. Once the expert is designated, the other side may depose the expert, and the expert may be called at trial. Several things change at that point.
Testimony in Korean, through an interpreter
Korean legal concepts do not map neatly onto English ones. 등기원인 is not quite “consideration”; 특유재산 is not quite “separate property” in the community-property sense; 명의신탁 has no exact common-law counterpart. When a Korean lawyer testifies, it is usually more precise to testify in Korean through a qualified interpreter than to improvise English equivalents under cross-examination. That roughly doubles the time each answer takes, and it means terminology needs to be settled before the deposition, not during it.
Format and logistics
Depositions of overseas experts are commonly conducted by remote video and recorded. The format, the place from which the expert will testify, the interpreter and the court reporter are matters for instructing counsel to settle early, taking into account the rules of the forum and of the place where the witness will be. Time-zone differences between Korea and the United States also shape the schedule.
Disclosure materials
Retained experts are typically asked for a CV, a list of prior testimony, a statement of compensation and the materials considered. These are prepared in English for instructing counsel.
The expert’s role
An expert witness explains Korean law to the court; the expert is not an advocate for the client who pays the fee. If we already act for a party in related Korean proceedings, we raise at the outset whether that affects our suitability to give independent expert evidence, so that counsel can decide with full information.
Our experience
Yeohae Law Office has prepared Korean law statements for proceedings in Australia, including the Federal Circuit and Family Court of Australia, and for a U.S. state court. In the U.S. matter, we also gave video-recorded deposition testimony as a Korean law expert, in Korean through an interpreter. That work concerned Korean real estate and succession law.
We are available to counsel in Canada, the United Kingdom, New Zealand, Singapore and other jurisdictions where Korean law is proved by expert evidence.
Where the same case also requires action in Korea — obtaining records, recognising a U.S. judgment, or enforcing it against Korean assets — we can handle that work as Korean counsel. See our note on enforcing a foreign court judgment in Korea.
How an engagement usually runs
An initial call with instructing counsel to identify the Korean law questions and the U.S. deadlines; an engagement letter and retainer; review of the Korean records (obtaining them where needed); a draft opinion in Korean and English; review by instructing counsel for clarity and responsiveness; finalisation, with notarisation and apostille if required; and, where designated, preparation for deposition or trial. Korea is a party to the Hague Apostille Convention, so Korean notarial documents can generally be apostilled for use in the United States.
Key takeaways
In federal court, foreign law is raised by notice and determined by the judge as a question of law, using any relevant source including testimony (Fed. R. Civ. P. 44.1). State rules — such as Tex. R. Evid. 203 — add their own deadlines and translation requirements.
Korean records and their English translations can run on an earlier clock than the expert opinion (e.g., Tex. R. Evid. 1009: 45 days before trial).
Korean statutes are not always applied as written. Civil Act Art. 830(1) operates as a rebuttable presumption under Supreme Court Decision 2006Du8068 (25 September 2008), and spousal registrations are subject to a special rule under Art. 8 of the 1995 real-name registration statute.
Inheritance shares depend on the law in force at the date of death.
A deposition is a different exercise from a written opinion: testimony in Korean through an interpreter, settled terminology, and early agreement on format and location.
Frequently asked questions
When does a U.S. case need a Korean law expert witness?
When the outcome depends on what Korean law says — typically ownership or acquisition of Korean real estate, Korean inheritance shares, title-trust arrangements, or the effect of Korean judgments and records. In federal court, a party raising foreign law must give notice under Fed. R. Civ. P. 44.1, and the court may rely on expert testimony to determine it. State courts have equivalent rules, such as Texas Rule of Evidence 203.
Can a Korean lawyer testify in English?
It is possible, but testimony in Korean through a qualified interpreter is usually more precise. Korean legal terms such as 등기원인 (cause of registration), 특유재산 (separate property) and 명의신탁 (title trust) have no exact English equivalents, and an interpreter allows the expert to answer in the language of the law being explained.
Is property registered in one spouse’s name in Korea that spouse’s separate property?
Civil Act Article 830(1) provides that property acquired in a spouse’s own name during marriage is that spouse’s separate property, and the Korean Supreme Court treats this as a presumption. In Decision 2006Du8068 (25 September 2008), it held that the presumption is rebutted only where the other spouse actually bore the price in order to own the property in substance. Spousal registrations are also subject to Article 8 of the 1995 real-name registration statute. How these rules interact with U.S. property classification is a question for the U.S. court.
Can the Korean expert be deposed remotely from Korea?
Remote video depositions of overseas experts are common, but the format and place of testimony should be agreed with instructing counsel early, taking into account the rules of the forum and of the place where the witness will be. The Korean expert’s role is to give evidence on Korean law; the forum’s procedural requirements are for U.S. counsel.
For instructing counsel
The quickest way to tell whether Korean law will matter in your case is to look at the Korean documents. If you can share the Korean register extracts, family records or judgments you hold — or simply describe the asset and the question — we can tell you which Korean law issues they raise and what further records will be needed.
Email info@leesunsin.com · U.S. (240) 348-9181 · Seoul +82-2-537-2370. English correspondence is handled by our staff; please include your trial or disclosure deadlines in your first message.
We do not publish fee schedules. The scope of the work varies with the number of Korean law questions, the volume of Korean records and whether testimony is required, so terms are set out in the engagement letter.
This note explains Korean law in general terms and refers to U.S. procedural rules only in outline; it is not legal advice for any particular case. Questions of U.S. federal or state procedure and of U.S. property classification are for U.S. counsel. Korean statutes and the Supreme Court decision cited were checked against the Korean Ministry of Government Legislation database, and the U.S. rules against their published texts, as of October 2026.
