Foreign Judgment Recognition and Enforcement System of Korea

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Lee, Sung Hoon
Issue Date
BK 21 law
Journal of Korean Law, Vol.6 No.1, pp. 110-146
Foreign JudgmentRecognitionEnforcementComityReciprocity
This article provides a brief survey of the foreign judgment recognition and enforcement system of Korea in perspective of the evolution of Korean legal system’s international compatibility. It could be

rightly said that the international compatibility of Korean legal system has continuously increased through judicial and academic efforts, and one important example is the evolution of the foreign judgment recognition practices. In Korea, Civil Procedure Act, Civil Execution Act, and Arbitration Act govern the recognition and enforcement of most foreign civil (including family matter) judgments and other equivalents including arbitral awards. Of course, there might be some inevitable limits to this trend such as “good morals” or “public policy” which is central concept in Korean legal system. At least the existence of “mutual guarantee” or “reciprocity” requirement seems against the evolving

trend of Korean legal system typically found in the opinions of the Supreme Court of Korea, and it is hoped that this requirement should be deleted. However, we may well still expect affirmatively that the international compatibility of Korean legal system will increase on and on through the unending

judicial and academic efforts.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 06 Number 1/2 (2006)
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