Korean civil disputes are often won or lost before trial through provisional remedies, urgent court orders that lock the situation in place while the main case proceeds. For foreign companies, understanding the two principal tools, provisional attachment and provisional disposition, is essential to protecting both money claims and non-monetary rights.
Provisional attachment for money claims
Provisional attachment (gapryu) is used when your claim is for money. It freezes specific assets of the debtor, bank balances, receivables, shares, or real property, so they cannot be transferred or hidden before you obtain and enforce a judgment. It is a preservation measure, not payment: it keeps the asset available so that your later enforcement is not defeated by an empty estate.
Provisional disposition as an injunction
Provisional disposition (gacheobun) covers non-monetary claims and functions much like an injunction. It can preserve the status quo over a disputed asset, for example barring the transfer of contested shares or real estate, or it can compel or prohibit certain conduct pending judgment, such as restraining infringement of intellectual property or enforcing a contractual right. The court tailors the order to the right being protected.
Both remedies share a logic: the applicant must show a plausible underlying right and a need for urgent protection, and the court typically requires security to compensate the respondent if the remedy later proves unjustified. They are also provisional by design, meaning they hold the position only until the main case is decided; they do not finally resolve who is right, and they can be contested, varied, or lifted as the dispute develops.
What you must show and provide
To obtain either remedy you generally need to make out a prima facie case on the merits and demonstrate the necessity of preservation, that without the order your right would be frustrated or hard to restore. The court usually conditions the order on security, often a cash deposit or guarantee, scaled to the potential harm to the respondent. Many of these orders can be obtained without first hearing the other side, which preserves their effectiveness.
Choosing the right tool
Selecting the wrong remedy wastes time you may not have. If you want to secure eventual payment, attachment is the tool; if you need to stop something from happening or preserve a specific asset or right, disposition is the tool. Framing the application precisely, with the right assets or conduct identified, is what makes it effective.
Provisional remedies are time-sensitive and technical, and a misstep can forfeit your advantage or expose you to a damages claim. If your interests in Korea are at risk of being undermined before a case can be decided, we can assess which remedy fits and move to secure your position quickly.