Foreign Judgment Recognition and Enforcement System of Korea

Abstract

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.

Keywords: Foreign Judgment, Recognition, Enforcement, Comity, Reciprocity

JEL Classification: K40