Foreign companies often approach a Korean lawsuit expecting the adversarial, discovery-heavy process they know from common-law jurisdictions. Korean civil procedure is different in important ways, and understanding the rhythm of a case helps you set realistic expectations on cost, timing, and the evidence you must prepare in advance.
How a Case Begins and Proceeds
A commercial dispute starts when the plaintiff files a written complaint (소장) with the court that has jurisdiction, usually where the defendant is located or where the obligation was to be performed. The court serves the complaint on the defendant, who files a written answer. Korean litigation is built around written submissions: most of the substance is argued through briefs exchanged before short, focused hearing dates, rather than through lengthy oral trials.
There is no broad pre-trial discovery as in the United States. Each party generally must produce the documents and evidence supporting its own claims, although the court can order production of specific documents in defined circumstances. This makes early evidence preservation critical, because you cannot count on extracting documents from the other side later.
Hearings, Evidence, and Judgment
Hearings are presided over by a single judge or a panel, depending on the amount in dispute. Witness testimony exists but plays a smaller role than documentary evidence and, in technical matters, court-appointed expert appraisals. After the parties have submitted their arguments, the court closes the hearing and issues a written judgment, typically several weeks later.
A losing party may appeal to the appellate court, which can re-examine both facts and law, and in some cases further to the Supreme Court of Korea on points of law. Litigation funding considerations also matter: the losing party is generally ordered to bear court costs, though attorney fee recovery is capped by schedule and rarely covers your full legal spend.
What to Do Before You Sue
Gather and organize your contracts, correspondence, invoices, and payment records before filing, ideally with certified Korean translations of key foreign-language documents. Consider whether a provisional attachment to freeze the defendant's assets should be filed first, so that a future judgment is actually collectible. Confirm the limitation period for your claim, since commercial claims can expire faster than you expect.
Clients frequently ask how long a case takes. A first-instance commercial matter commonly runs several months to over a year, and longer if appealed. They also ask whether they must attend in person; usually your Korean counsel appears on your behalf, and your presence is required only for specific evidentiary steps.
If you are weighing whether to litigate in Korea or pursue settlement, an early case assessment can save substantial time and money. Attorney Sangbin Min advises foreign companies on dispute strategy, evidence preparation, and representation in Korean courts. We welcome the opportunity to review your matter and map out the most efficient path forward.