Enforcement of a Foreign Court’ Judgment in Korea

In principle, it is possible to enforce a foreign court’s judgment against a Korean individual or a Korean company within Korea. In order to enforce a foreign court’s judgment in Korea, a party must obtain a new judgment for recognition of a foreign judgment and enforcement judgment from a Korean court.

Under Article 217, Korean Civil Procedure Act, it is required to meet the following conditions for obtaining the recognition of a foreign judgment and its enforcement judgment:

1.       The foreign court’s judgment is final and conclusive.

2.      The foreign court has jurisdiction under the principles of international jurisdiction under Korean law or treaties.

3.      The defendant was properly served with the complaint or summons in advance, to allow sufficient time for preparation of his or her defense, or the defendant responded to the suit without having been served.

4.      The foreign judgment is not contrary to Korean public policy.

5.      The countries shall allow a guarantee of reciprocity.