ACT ON PRIVATE INTERNATIONAL LAW

CHAPTER I GENERAL PROVISIONS

SECTION 1 Purpose

Article 1(Purpose) #

The purpose of this Act is to prescribe international jurisdiction and applicable law in relation to a legal relationship with a foreign element.

SECTION 2 International Jurisdiction

Article 2(General Principles) #

(1) The court of the Republic of Korea (hereinafter referred to as "court") shall have international jurisdiction where a party or a case in dispute has a substantial connection with the Republic of Korea. In determining whether any substantial connection exists, the court shall adopt reasonable principles, compatible to the ideology of the allocation of international jurisdiction, which aims to achieve impartiality between the parties, and appropriateness, speediness, and economy of adjudication.

(2) Where there is no provision regarding international jurisdiction in this Act or in any other statutes or regulations, or treaties of the Republic of Korea, the court shall determine whether it has international jurisdiction, in consideration of the provisions of the domestic laws on jurisdiction, but shall give full consideration to the special nature of international jurisdiction, in light of the purport of paragraph (1).

Article 3(General Jurisdiction) #

(1) The court shall have international jurisdiction over a case involving a person who has habitual residence in the Republic of Korea. The same shall also apply where the habitual residence of a person does not exist in any country or cannot be identified, but the person has a residence in the Republic of Korea.

(2) The court shall have international jurisdiction over a lawsuit involving an ambassador, a minister and other citizens of the Republic of Korea who are exempted from the exercise of foreign jurisdiction, notwithstanding paragraph (1).

(3) The court shall have international jurisdiction over a lawsuit involving a corporation or organization with its principal office, place of business, statutory seat, or place of central administration located in the Republic of Korea or a corporation or organization established under the law of the Republic of Korea.

ACT ON PRIVATE INTERNATIONAL LAW

Article 1(Purpose) #

Article 2(General Principles) #

Article 3(General Jurisdiction) #

Article 4(Special Jurisdiction over Locations of Offices or Places of Business) #

Article 5(Special Jurisdiction over Location of Property) #

Article 6(Jurisdiction over Connected Cases) #

Article 7(Jurisdiction over Counterclaims) #

Article 8(Jurisdiction by Agreement) #

Article 9(Jurisdiction by Pleading) #

Article 10(Exclusive Jurisdiction) #

Article 11(International Litigation Concurrence) #

Article 12(Non-Exercise of International Jurisdiction) #

Article 13(Exception from Application) #

Article 14(Jurisdiction over Interim Measures of Protection) #

Article 15(Jurisdiction over Non-Contentious Cases) #

Article 16(Law of Nationality) #

Article 17(Law of Habitual Residence) #

Article 18(Application of Foreign Law) #

Article 19(Scope of Applicable Law) #

Article 20(Mandatory Application of Law of Republic of Korea) #

Article 21(Exception to Designation of Applicable Law) #

Article 22(Application of Law of the Republic of Korea under Foreign Law) #

Article 23(Provisions of Foreign Law Contrary to Social Order) #

Article 24(Special Jurisdiction over Cases Such as Declaration of Disappearance) #

Article 25(Special Jurisdiction over Lawsuit Regarding Members) #

Article 26(Legal Capacity) #

Article 27(Disappearance and Absence) #

Article 28(Capacity to Act) #

Article 29(Protection of Transaction) #

Article 30(Corporations and Organizations) #

Article 31(Formalities of Juristic Act) #

Article 32(Agency in Fact) #

Article 33(Real Rights) #

Article 34(Means of Transportation) #

Article 35(Bearer Securities) #

Article 36(Objects in Transit) #

Article 37(Consensual Security Rights to Bonds) #

Article 38(Special Jurisdiction over Lawsuit Regarding Contract for Intellectual Property Rights) #

Article 39(Special Jurisdiction over Lawsuit Regarding Infringement of Intellectual Property Rights) #

Article 40(Protection of Intellectual Property Rights) #

Article 41(Special Jurisdiction over Lawsuit Regarding Contract) #

Article 42(Jurisdiction over Consumer Contracts) #

Article 43(Jurisdiction over Employment Contracts) #

Article 44(Special Jurisdiction over Lawsuit Regarding Torts) #

Article 45(Party Autonomy) #

Article 46(Objective Connection to Determine Applicable Law) #

Article 47(Consumer Contract) #

Article 48(Employment Contract) #

Article 49(Establishment and Validity of Contract) #

Article 50(Management of Affairs) #

Article 51(Unjust Enrichment) #

Article 52(Torts) #

Article 53(Ex Post Facto Agreement on Applicable Law) #

Article 54(Assignment of Claims and Acceptance of Obligations) #

Article 55(Transfer of Claims under Statutes) #

Article 56(Special Jurisdiction over Cases Regarding Marital Relationships) #

Article 57(Special Jurisdiction over Cases Regarding Biological Parental Relationships) #

Article 58(Special Jurisdiction over Cases Regarding Adoptive Relationships) #

Article 59(Special Jurisdiction over Cases Regarding Parent-Child Legal Relationship) #

Article 60(Jurisdiction over Cases Regarding Support) #

Article 61(Special Jurisdiction over Cases Regarding Guardianship) #

Article 62(Jurisdiction over Family Mediation Cases) #

Article 63(Formation of Marriage) #

Article 64(General Effects of Marriage) #

Article 65(Matrimonial Property Regime) #

Article 66(Divorce) #

Article 67(Parent-Child Relationship in Marriage) #

Article 68(Parent-Child Relationship out of Wedlock) #

Article 69(Children Born out of Wedlock) #

Article 70(Adoption and Dissolution of Adoption) #

Article 71(Consent) #

Article 72(Parent-Child Legal Relationship) #

Article 73(Support) #

Article 74(Other Kinship) #

Article 75(Guardianship) #

Article 76(Jurisdiction over Cases Regarding Succession and Will) #

Article 77(Succession) #

Article 78(Will) #

Article 79(Special Jurisdiction over Lawsuit Regarding Note and Check) #