Trends in the Korean Civil Litigation System (2026)

The past year has been unusually active for dispute resolution in Korea. The most important developments concern attorney-client privilege, constitutional review of final court judgments, arbitration rules, and corporate-governance reforms that are likely to generate more shareholder and board-level disputes. We shall update the reader when more is known. Please check back often. Korea has taken a major step toward statutory attorney-client privilege. On January 29, 2026, the National Assembly passed an amendment to the Attorney-at-Law Act of Korea introducing a new Article 26-2. The amendment recognizes

May 1, 2026 Sean Hayes

Succeeding in Business in Korea by Tom Coyner Business Advisor for IPG Legal

Since 1977, I have observed the rise and fall of many foreign companies in South Korea. I have witnessed the trials and tribulations as a bank employee, a high-tech salesman, a country manager, and as a business consultant of foreign and Korean companies doing business in Korea. Bluntly speaking, while some foreign ventures have had some unlucky breaks, those companies that have succeeded in the Korean market have done so for good reasons. And those who have failed have done so largely because of their own inadequacies

April 21, 2026 Sean Hayes

Korean Intellectual Property Theft Enforcement/Monitoring Program by IPG Legal

Because of an increase in interest from clients in flat-fee services, we have created a Flat-Fee Billed IP Theft Enforcement & Monitoring Program for our Korea & China offices. The fee scale is based primarily on the following factors: Geographical Scope of the IP Monitoring; Number of Cease & Desist Letters Mailed; If the IP Theft will be Reported to the Prosecution; and If a Civil Suit is Required to be Filed. We are utilizing the same group of retired Korean judges, prosecutors, and attorneys for this

April 16, 2026 Sean Hayes

Dealing with Korean Employees and Suppliers by Tom Coyner

*This is a post by Tom Coyner from nearly two decades ago. We thought that, given recent employment law changes in Korea, the post would be a useful repost. Even for so-called Old Korean Hands, knowing what to expect, without knowing why, can lead to needless frustrations and often delays in getting things done in business in Korea. As the old adage goes, time is money, so knowing the root causes of delays offers potential insights on how to clear log jams. While we do not have

April 9, 2026 Sean Hayes

So Young YOON and Sean HAYES appeared on Canadian TV: How a B.C. romance scam victim is coping behind bars in South Korea as trial approaches

Sean Hayes and So Young Yoon appeared on CTV in a criminal matter in Korea, which IPG Legal is assisting with on a reduced-fee basis, as we believe is part of our duty to the Korean legal system and expats in Korea. For additional articles on Korean Criminal Law, please see: IPG Legal’s Criminal Law Archive. Her lawyers argue Parks was unknowingly manipulated into transporting the drugs by someone she believed she was in a relationship with online. “We genuinely believe that No. 1, she didn’t know what was in the packages

April 6, 2026 Sean Hayes

Korean Custom Clearance Jurisprudence at the Supreme Court of Korea: “Real Doll” Harm to Public Morals Case

The Supreme Court of Korea ruled that the withholding of customs clearance by a Korean customs office for the importation of “real dolls” into Korea was unlawful ( 2021du49857 ). The Korean customs office held that the prohibition was justified because, in its opinion, the dolls may harm “pubic morals,” and Korea’s Customs laws and jurisprudence permit prohibiting the import of goods that may harm public morals even without a substantiated iteration of an argument noting that the prohibition is likely to harm public morals. In South Korea,

April 2, 2026 Sean Hayes

Korean Constitutional Court Upholds Use of Video Testimony for Disabled Sexual Assault Victims: Korea’s Confrontation Clause Jurisprudence

The Constitutional Court of Korea upheld the constitutionality of a controversial evidentiary provision permitting the use of pre-recorded video statements of certain sexual assault victims. In a split 4–5 decision (Case No. 2023Heonga20), the Court declined to invalidate Article 30(6) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Six votes are required, under Korean Law, to strike down a statute, and the Court received 5 votes to invalidate the law in question. For additional articles on Korean Constitutional Law and Criminal

March 26, 2026 Sean Hayes

Amendment to Korean Constitutional Court Act

In February 2026, the Constitutional Court Act of Korea was amended to allow constitutional complaints against court judgments. Prior to this amendment, court judgments were excluded from the scope of Constitutional Court review. The author of this article is the first non-Korean attorney to work for the Constitutional Court of Korea and for the Korean judicial system. Major Revision to the Korean Constitutional Court Act Article 68(3) (Added to the Constitutional Court Act of Korea)The Amendment allows the filing of a petition against a final and conclusive

March 23, 2026 Sean Hayes

Korean Supreme Court Limits Enforceability of Trust Registers Against Third Parties

The Korean Supreme Court, in Decision 2022Da233164 (February 13, 2025), significantly limited the extent to which provisions in Korean trust agreements that were attached to trust registrations may be enforced against third parties. This decision clarifies a long-standing uncertainty in Korean trust law and Korean real estate law. This decision has material implications for trustees, landlords, tenants, and investors dealing with trust-held real property in Korea. Under the Korean Real Estate Registration Act, a trust registration must include a trust register, and in practice, the trust agreement

March 18, 2026 Sean Hayes

Are MOUs & LOIs Legally Binding in Korea? Enforceability of MOUs and LOIs under Korean Law

Foreign companies and individual investors entering the Korean market sometimes assume that a Memorandum of Understanding (MOU) is merely a non-binding document used to outline preliminary discussions and thus not enforceable under Korean Law. Under Korean law, that assumption is frequently wrong and sometimes leads to litigation and even criminal complaints being filed to the Korean Prosecution Services. An MOU in Korea may be fully enforceable, partially binding, or non-binding, depending not on its title but on its content, structure, the parties’ course of dealing, and their

The Korean Law Blog by IPG Legal Law Firm