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We are civil litigation lawyers at Kim & Rhee Law Office.
Topic of this article
1. Determining the Legal Basis for a Claim and the Other Party’s Liability
2. Developing an Evidence Strategy for a Damages Claim
3. Whether You Need to Travel to Korea
4. Why Taking Prompt Legal Action Matters
Even after living abroad for many years, Koreans residing overseas may still find themselves facing legal issues that need to be resolved in Korea.
You may have entered into a contract with someone in Korea who failed to honor their obligations.
You may have suffered financial losses after investing in a business in Korea.
In other cases, the effects of events that occurred in Korea years ago may continue, leading you to consider legal action long after the original dispute arose.
Living overseas does not mean that you should give up your legal rights.
The key is to determine what losses you have suffered and what legal grounds are available to hold the other party responsible.
Kim & Rhee Law Office explains some of the key issues that Koreans living abroad should consider when pursuing a claim for damages in Korea.
1. Determining the Legal Basis for a Claim and the Other Party’s Liability
The first step is to identify what caused the loss and whether the other party can be held legally responsible.
Under Korean civil law, claims for damages generally fall into two categories: damages for breach of contract and damages arising from an unlawful act (tort).
If the loss resulted from a breach of contract, it is necessary to determine what agreement existed between the parties and how the other party failed to perform its obligations.
If the claim is based on tortious conduct, it is necessary to examine whether the other party acted unlawfully and whether that conduct caused the resulting loss.
One of the most important reasons for distinguishing between these legal grounds is the applicable statute of limitations.
Limitation periods can be particularly important in tort claims.
Under Article 766 of the Korean Civil Act, a three-year limitation period may begin to run once the injured party becomes aware of both the damage and the identity of the person who caused it.
Article 766 of the Korean Civil Act (Prescription in Respect of Right to Claim for Damages) ① A claim for damages arising from an unlawful act is extinguished by prescription if it is not exercised within three years from the date on which the injured party or the injured party’s legal representative became aware of the damage and the identity of the person who caused it.
2. Developing an Evidence Strategy for a Damages Claim
When you live overseas, preserving and collecting evidence becomes even more important.
Based on Kim & Rhee Law Office’s experience handling cases for clients residing abroad, one common difficulty is that important evidence is no longer readily available.
Some disputes arose many years ago. In other cases, documents were lost during an international move.
Some clients deleted emails, messages, or other records because they did not expect the matter to develop into a legal dispute.
Even in these situations, it is important to gather as much evidence as possible.
A written contract is often the strongest starting point, but not every case involves a formally executed agreement.
Emails, text messages, messenger conversations, bank transfer records, photographs, and records created at the time of the events may all be relevant.
For claims based on unlawful conduct, statements from people familiar with what happened or communications in which the other party acknowledges relevant facts may also serve important evidence.
3. Do You Need to Travel to Korea?
You do not necessarily have to travel to Korea in order to pursue a damages claim.
In many cases handled by Kim & Rhee Law Office, our clients remained overseas while providing us with the necessary documents and information, allowing us to take the necessary legal steps on their behalf in Korea
What matters is identifying the legal issues and selecting the most effective method of resolving the dispute.
Depending on the circumstances, this may involve sending a formal demand letter, negotiating a settlement, applying for a payment order, or filing a civil lawsuit.
Choosing the appropriate procedure for the particular case can often make the dispute more efficient to resolve.
There are, however, certain situations in which the client may ultimately need to come to Korea.
One example is a case requiring a court-ordered medical examination of the claimant.
It may be possible to ask the court to rely instead on an expert review of existing medical records.
However, if the court determines that an in-person examination is necessary, the claimant may need to travel to Korea and undergo an examination at a court-designated medical institution.
4. Why Taking Prompt Legal Action Matters
Living overseas does not prevent you from pursuing a damages claim in Korea.
The important questions are when the events occurred, what evidence remains available, and on what legal basis the other party can be held responsible.
Depending on the nature of the claim, the statute of limitations may become a critical issue.
In addition, the longer you wait, the more difficult it may become to secure evidence that supports your case.
For this reason, it is generally advisable to assess the materials currently available, determine an appropriate legal strategy, and begin taking legal action without unnecessary delay.
If you are not yet ready to file a lawsuit, sending a formal demand letter, known in Korea as a certified content letter(내용증명), may be an effective first step.
It allows you to clearly state your legal position and demand a response from the other party before deciding whether further proceedings are necessary.
Kim & Rhee Law Office has experience handling damages claims for clients residing outside Korea.
One lesson that consistently emerges from these cases is simple: the sooner you begin addressing the problem, the more options you are likely to have for resolving it.