How to File a Civil Lawsuit in South Korea As a Foreign Company

Foreign companies that need to file a civil lawsuit in South Korea face a procedural landscape that, while well-structured, demands careful preparation at every stage, from confirming jurisdiction through to enforcing the eventual judgment. Korean civil procedure is governed primarily by the Civil Procedure Act (민사소송법), which requires all pleadings to be filed in Korean and imposes strict rules on evidence, service, and venue that differ materially from common-law systems. At Ahnse Law Offices, I regularly guide multinational clients through this process, and in my experience the companies that invest time in the pre-filing phase, assembling translated documents, appointing qualified local counsel, and mapping out the enforcement endgame, are the ones that litigate most efficiently.

This guide sets out every step a foreign corporate claimant needs to take, from the first jurisdictional assessment to post-judgment enforcement.

Quick checklist, five things to confirm before you file

• Jurisdiction. Confirm the Korean court has subject-matter and territorial jurisdiction over the dispute.
• Local counsel. Appoint a Korean-licensed attorney (변호사), foreign lawyers cannot appear on the record.
• Korean-language filing. All pleadings, evidence, and exhibits must be filed in Korean or accompanied by certified Korean translations.
• Service route. Identify whether the defendant is in Korea or abroad, and plan for Hague Service Convention or alternative channels.
• Enforcement strategy. Determine whether the defendant has assets in Korea, or whether you will need to enforce abroad, before committing to litigation.

Step 0, Pre-Filing Checklist for Foreign Companies

Before drafting a single pleading, a foreign company should assemble the foundational materials Korean courts expect. The most common cause of delay I see in practice is a claimant arriving at the filing stage without properly apostilled corporate documents or without certified Korean translations of the underlying contract.

Begin by obtaining an up-to-date certificate of incorporation (or equivalent registration document) from your home jurisdiction and having it notarised and apostilled under the Hague Apostille Convention. If your company’s home country is not an Apostille Convention member, consular legalisation is required instead. Next, secure a board resolution or equivalent corporate authority authorising the litigation and appointing Korean counsel. Preserve all evidence, contracts, invoices, correspondence, payment records, in their original form and prepare certified Korean translations through a qualified translator.

Documents typically needed

• Certificate of incorporation (apostilled or legalised)
• Board resolution authorising the lawsuit and naming counsel
• Power of attorney (위임장) executed in favour of Korean counsel
• Underlying contract or agreement (original + certified Korean translation)
• Supporting evidence, invoices, emails, delivery records, bank statements
• Corporate registry extract showing authorised representatives

Step 1, Jurisdiction and Venue: Can You File a Civil Lawsuit in South Korea?

A Korean court will only hear a case if it has both subject-matter jurisdiction and territorial jurisdiction. Under Articles 2 through 24 of the Civil Procedure Act, the general rule is that a lawsuit must be filed at the court with jurisdiction over the defendant’s domicile, for a company, this is typically its principal office or registered address in Korea. Where the defendant is a foreign entity with no Korean address, jurisdiction may still exist if the claim arises out of an obligation to be performed in Korea, if the tortious act occurred in Korea, or if the parties’ contract contains a Korean forum-selection clause.

For contract disputes, the place of performance is decisive. If a supply contract specifies delivery in Busan, the Busan District Court has territorial jurisdiction. For tort claims, the place where the damage occurred, not merely where the wrongful act was planned, establishes venue. In my experience advising on litigation in Korea for foreigners, jurisdictional objections are one of the defendant’s first lines of defence, so the complaint should include clear evidence linking the dispute to Korean territory.

When to litigate in Korea vs arbitration

If the contract contains an arbitration clause, particularly one designating the Korean Commercial Arbitration Board (KCAB) or an ICC seat in Seoul, the court will generally decline jurisdiction in favour of arbitration, consistent with Korea’s obligations under the New York Convention. In my view, arbitration is often preferable for high-value cross-border disputes because awards are enforceable in over 170 jurisdictions. However, where the claimant needs urgent provisional relief (asset freezing, injunctions) or where no valid arbitration agreement exists, filing a civil lawsuit in a Korean court is the only route. Where both options are available, I advise clients to weigh enforceability, confidentiality needs, and anticipated litigation costs before choosing a forum.

Step 2, Drafting the Complaint (소장, Sojang): What to Include and Korean Language Rules

The complaint, known as a sojang (소장), is the document that formally initiates a civil lawsuit in South Korea. Under Article 249 of the Civil Procedure Act, the sojang must contain specific mandatory elements, and any failure to include them may result in the court issuing a correction order or dismissing the complaint outright.

Every sojang must be drafted in Korean. Foreign-language documents attached as exhibits require certified Korean translations. This is a non-negotiable procedural requirement; Korean courts will not accept English-language pleadings, even where both parties are foreign. In practice, your Korean counsel will draft the sojang and you will review it through back-translation, but it is essential that the foreign claimant understands what each element covers so that the underlying facts and evidence are communicated accurately to counsel.

Translations, notarisation, and attaching foreign documents

Every foreign-language document submitted to a Korean court must be accompanied by a certified Korean translation. The translator’s certification should state their qualifications and confirm the accuracy of the translation. Documents originating from Hague Apostille Convention member states should bear an apostille; for non-member states, consular legalisation through the relevant Korean embassy or consulate is required. In practice, I recommend having both the original and the translated version notarised before submission to avoid supplementary requests from the court that delay proceedings.

Step 3, Filing: Courts, Fees, and E-Filing Systems

Civil complaints are filed at the competent district court (지방법원). Korea has 18 district courts, with the Seoul Central District Court handling the largest volume of commercial disputes. For claims where the amount in controversy does not exceed 300 million KRW, a single judge presides; above that threshold, a three-judge panel is assigned.

Filing fees are calculated as a percentage of the amount in controversy, broadly 0.5 percent for the first 10 million KRW, declining on a sliding scale for larger amounts. The Supreme Court’s electronic filing system (전자소송) allows complaints to be filed online, and in recent years most commercial filings in major district courts are submitted electronically. Foreign counsel registered with the Korean Bar can access the e-filing portal; the system interface is primarily in Korean. Filing confirmation is typically issued within one to two business days, after which the court assigns a case number and a presiding judge.

Litigation aid and how to apply (foreigners and companies)

The Supreme Court of Korea, through its Judicial Information for Foreigners (JIFI) programme, provides litigation assistance to foreign nationals and, in certain circumstances, to foreign entities. This assistance can include fee waivers, interpreter services, and referral to pro bono counsel. Applications for litigation aid are made directly to the court handling the case. While litigation aid is more commonly granted to individuals than to corporations, a foreign company facing financial hardship may apply, particularly in cases involving minimum-value commercial suits where the claim amount is relatively modest. The court will assess the applicant’s financial circumstances and the merits of the case before granting aid.

Step 4, Service of Process in South Korea (Domestic and International)

Once the complaint is filed and accepted, the court is responsible for serving the sojang and the summons on the defendant. The method of service depends on whether the defendant is domiciled in Korea or abroad, and getting service right is critical, because improper service can invalidate the entire proceeding.

For defendants within Korea, the court clerk arranges service by post or through a court officer who delivers the documents to the defendant’s registered address. If postal service fails, substituted service, leaving documents at the defendant’s address with an appropriate person, or public notice service (공시송달) may be used as fallback options under Articles 183 through 196 of the Civil Procedure Act.

For defendants located outside Korea, service of process in South Korea follows one of two principal routes. First, if the defendant’s country is a party to the Hague Service Convention, the claimant transmits the documents through the designated Central Authority. South Korea’s Central Authority is the National Court Administration (법원행정처). Second, where the defendant is in a non-Hague country, service proceeds through letters rogatory or diplomatic channels, a process that is considerably slower. For a broader comparison of cross-border service mechanics, the process in China provides a useful contrast.

Sample timetable: filing → service → defendant response

Step 5, Evidence and Disclosure: What to Prepare as a Foreign Claimant

Korean civil procedure does not have the broad discovery mechanisms familiar to litigants from common-law jurisdictions. There is no general obligation for parties to disclose documents harmful to their own case. Instead, the burden falls on each party to submit evidence supporting its claims or defences. Under Article 292 of the Civil Procedure Act, documentary evidence (문서) is the primary mode of proof in commercial cases, supplemented by witness testimony and, where appropriate, expert opinions.

For a foreign company, this means you must proactively identify, collect, and translate every document you intend to rely on, contracts, emails, financial records, internal reports, before filing. Witness statements are submitted in writing, and the court may summon witnesses for examination at oral hearings. Expert evidence is used particularly in construction disputes, patent infringement cases, and valuation questions; the court may appoint its own expert or allow party-appointed experts.

All foreign-language evidence must be accompanied by certified Korean translations and, where originating from abroad, properly authenticated through apostille or consular legalisation. From what I am seeing in practice, courts are increasingly strict about translation quality, machine-translated documents are not accepted.

How to obtain evidence abroad (letters rogatory, mutual legal assistance)

If critical evidence is held abroad, for example, bank records in a third country, Korean courts can issue letters rogatory requesting the foreign court’s assistance in obtaining the evidence. This process is governed by bilateral treaties and, in some cases, the Hague Evidence Convention. Timeframes for international evidence requests vary widely, from three months to over a year, so I advise clients to exhaust all voluntary evidence-gathering avenues before relying on judicial assistance.

Step 6, Interim Relief and Provisional Measures

Foreign claimants who fear the defendant may dissipate assets or destroy evidence before trial can apply for provisional measures (보전처분, bojeoncheobun). The two most common forms are provisional attachment (가압류) of the defendant’s assets and provisional injunctions (가처분) to maintain the status quo. Applications can be made before or after filing the main complaint, and Korean courts are capable of issuing orders within days where urgency is demonstrated.

The applicant must show a prima facie case on the merits and the need for urgent preservation. Courts typically require the applicant to post a bond, often 10 to 30 percent of the claimed amount, to protect the defendant against loss if the provisional order is later overturned. In my experience, provisional attachment of Korean bank accounts or real property is one of the most effective tools available to foreign claimants, particularly where the defendant’s main assets are in Korea and there is a genuine risk of dissipation.

Step 7, Trial, Judgment, and Appeals: Timeline and Practical Expectations

Korean civil procedure follows an inquisitorial model with elements of party-driven litigation. After pleadings are exchanged, the court schedules preparatory hearings (변론준비기일) to narrow the issues, followed by oral argument hearings (변론기일). Trials do not follow the continuous multi-day format common in Anglo-American systems; instead, hearings are scheduled at intervals of two to six weeks over a period of months.

A first-instance judgment in a contested commercial case typically takes approximately 10 to 18 months from filing, depending on complexity, the number of witnesses, and whether international service was required. Appeals lie to the High Court within two weeks of judgment delivery, and a further appeal on points of law can be made to the Supreme Court within two weeks of the High Court’s decision.

Step 8, Enforcing Judgments and Recognition Abroad

Obtaining a favourable judgment is only half the battle; enforcing it is what delivers commercial value. Domestic enforcement in Korea is initiated by applying to the court for a compulsory execution order. Common enforcement methods include seizure and auction of the debtor’s real property, attachment of bank accounts, garnishment of receivables owed to the debtor by third parties, and seizure of movable assets. Enforcement is generally efficient where the debtor has identifiable assets in Korea.

For foreign companies that may need to enforce a Korean judgment overseas, the enforceability depends on the recognition regime in the target country. Korea does not have a comprehensive network of bilateral judgment-recognition treaties, although its judgments have been recognised in various jurisdictions on the basis of reciprocity. The Korean courts, in turn, will recognise and enforce foreign judgments under Articles 26 and 27 of the Civil Procedure Act, provided the foreign court had proper jurisdiction, the defendant was properly served, the judgment does not offend Korean public policy, and the issuing country grants reciprocal recognition to Korean judgments.

Where enforcement abroad is uncertain, I often advise clients to consider structuring their litigation strategy around assets located in Korea, for instance, by attaching Korean bank accounts or real property through provisional measures before trial, thereby securing the practical value of any eventual judgment without relying on foreign enforcement.

Practical Cost Estimate and Lawyer Fee Models for Foreign Companies

Budgeting for litigation in Korea requires accounting for court fees, service costs, translation expenses, and legal fees. Court filing fees are statutory and calculated on a sliding scale based on the amount in controversy, a claim for 1 billion KRW, for example, attracts a filing fee of several million KRW. Service fees for international defendants add further cost, particularly where letters rogatory are required.

Korean lawyers typically charge on an hourly basis, with rates for experienced commercial litigators ranging from approximately 400,000 to 800,000 KRW per hour depending on seniority and firm size. Some firms offer blended arrangements combining a retainer with a success fee (성공보수) contingent on the outcome. In my experience, foreign companies should budget for total legal costs of 50 to 150 million KRW for a contested first-instance commercial case of moderate complexity, with additional costs for appeals. I always recommend that clients request a detailed fee estimate and payment schedule from Korean counsel before filing, with particular attention to the cost implications of withholding tax on legal service fees paid to Korean firms.

What to Expect if the Defendant Is Domiciled Outside Korea

Suing a defendant domiciled outside Korea introduces three compounding challenges: establishing jurisdiction, effecting service, and enforcing any judgment obtained. Korean courts may assert jurisdiction over a foreign defendant if the dispute has a substantial connection to Korea, for example, the contract was performed in Korea, the relevant assets are in Korea, or the harmful act occurred on Korean territory.

Service on a foreign defendant is almost always the longest phase of the case, routinely adding three to twelve months depending on the route used. My advice to clients considering this scenario is to weigh whether the defendant has sufficient attachable assets in Korea to justify the time and cost of Korean proceedings. If the defendant’s assets are primarily in a third country, it may be more strategic to file a lawsuit in that jurisdiction or to pursue arbitration with a seat that offers broader enforceability. Where Korean jurisdiction is pursued, applying for provisional attachment of any Korean-based assets early, ideally before the main complaint, significantly strengthens the claimant’s position and can incentivise settlement.

For businesses also navigating recent tax changes in South Korea, coordinating the litigation strategy with ongoing tax compliance is essential.

Next Steps

If your company is considering filing a civil lawsuit in South Korea, I recommend taking four immediate steps: confirm that Korean jurisdiction is available and strategically appropriate; appoint experienced Korean litigation counsel; begin assembling and translating your core documents; and assess the defendant’s asset position in Korea to determine whether provisional measures should be sought at the outset. A procedural misstep at any of these stages can cost months. The filing process in Korea shares structural similarities with procedures in other civil-law jurisdictions, for a useful comparison, see this guide to the civil suit filing process in India.

Sources

1. Supreme Court of Korea, Judicial Information for Foreigners (JIFI)
2. Civil Procedure Act, English translation (Korea Legislation Research Institute)
3. Hague Conference on Private International Law, Convention on the Service Abroad of Judicial and Extrajudicial Documents
4. Korean Bar Association
5. KoreaScience, Jurisdictional analysis in Korean civil proceedings