As complex cross-border litigation, arbitration, and international transactions continue to increase in Korea, foreign courts and overseas counsel are frequently required to apply or assess Korean law and the Korean legal system. In such cases, accurate and nuanced interpretation of Korean statutes, judicial precedent, and regulatory practice is essential. IPG Legal regularly works with foreign lawyers and courts to provide expert opinions on matters governed by Korean law. We often appear in court and provide legal opinions worldwide.
The Role of Korean Law Expert Opinions in Cross-Border Matters
Foreign courts and arbitral tribunals often require expert evidence when Korean law, the Korean legal system, or Korean practices are relevant to a dispute.
Expert opinions on Korean law are commonly used in:
- Foreign court proceedings involving Korean parties or Korean-governed contracts
- International arbitration
- Hague Child Abduction matters, asset division, and custody disputes
- Cross-border M&A, investments, and joint ventures
- Regulatory and compliance issues involving Korean operations of foreign capital-invested companies
- Inheritance and asset disputes involving Korean property
- Extradition matters
- International tax matters
Areas of Korean Law in Which IPG Legal Has Experience in Acting as an Expert
1. Korean Corporate and Commercial Law
IPG Legal advises foreign counsel on issues under the Korean Commercial Act, including corporate governance, shareholder rights, corporate compliance, and director liability.
Example:
Providing an expert opinion to U.S. litigation counsel on the validity of board resolutions adopted without alleged proper shareholder approval under Korean corporate law and a Korean shareholder agreement.
2. Korean Contract Law
Korean contract law is heavily influenced by judicial precedent and the unique nature of the Korean business climate. IPG Legal assists foreign lawyers and courts in understanding enforceability, termination rights, and damages under Korean law.
Example:
Advising a UK court on Korea’s conflicts of law and the enforceability of liquidated damages clauses under Korean Law.
3. Hague Child Abduction Convention
IPG Legal is one of the leaders in Korea in assisting clients in matters governed by the Hague Convention on the Civil Aspects of International Child Abduction.
Example:
Appearing in court as an expert regarding the post-judgment custody enforcement mechanisms in Korea.
4. Korean Employment and Labor Law
Korean labor law is mandatory in most respects for employees working in Korea and differs significantly from common law systems. IPG Legal provides expert analysis on employment status, termination, and post-employment restrictions.
Example:
Issuing a legal opinion and appearing as an expert in an international arbitration regarding the enforceability of executive non-compete clauses under Korean law.
5. Korean Criminal Law
IPG Legal assists foreign defense counsel and compliance teams in assessing criminal and regulatory risk under Korean law, including intent requirements and corporate liability.
Example:
Providing a memo on whether specific conduct satisfied the statutory intent requirement for a Korean economic crime.
6. Korean Family & Inheritance Law
Korean family and inheritance law often impacts cross-border estate planning and probate disputes involving foreign nationals.
Example:
Advising overseas probate counsel on the application of Korean forced heirship rules to assets located in Korea.
7. Korean Real Estate and Trust-Related Matters
Foreign ownership structures involving Korean real estate raise unique legal risks and challenges. IPG Legal provides expert opinions on trust arrangements and nominee ownership issues.
Example:
Analyzing whether a Korean real estate trust structure could expose a foreign beneficial owner to civil or criminal liability under Korean law.
7. Intellectual Property and Technology Transfers
Korean IP and technology laws are highly technical and enforcement-driven. IPG Legal assists foreign counsel with ownership, employee inventions, and regulatory compliance.
Example:
Providing an opinion on whether intellectual property created by an employee in Korea automatically vests in the employer under Korean law.
Working with Foreign Attorneys and Court Systems
IPG Legal routinely collaborates with lawyers from the United States, Germany, the United Kingdom, Hong Kong, Singapore, the Philippines, and other jurisdictions. As Korean law increasingly is applied in international disputes and transactions, the need for reliable expert analysis continues to grow. IPG Legal provides foreign courts and counsel with practical, precedent-based expert opinions and testimony on Korean law, grounded in domestic legal practice and adapted for cross-border use.
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by Sean Hayes
NY attorney Sean Hayes is the only non-Korean to have worked as a government attorney for the Korean court system and one of the first non-Koreans to have served as a regular member of a Korean law faculty. He is rated as a Top Attorney by LawAsia and other publications. Sean works with senior retired judges and some of the leading Korean lawyers engaged for litigation matters in Korea and abroad.
You may schedule a call with Sean Hayes at: Schedule a Call.