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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front. Law China    2018, Vol. 13 Issue (2) : 171-201    https://doi.org/10.3868/s050-007-018-0013-7
Orginal Article
RECOGNITION AND ENFORCEMENT OF JUDGMENTS BETWEEN CHINA, JAPAN AND SOUTH KOREA IN THE NEW ERA: SOUTH KOREAN LAW PERSPECTIVE
Kwang Hyun SUK()
Professor of School of Law, Seoul National University, Seoul 08826, South Korea
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Abstract

This article discusses the rules for recognition and enforcement of foreign judgments in the Republic of Korea (hereinafter referred to as “South Korea” or “Korea”). Articles 217 and 217-2 of the Civil Procedure Act of Korea and Articles 26 and 27 of the Civil Enforcement Act of Korea provide for the recognition and enforcement of foreign judgments respectively. Korea has not entered into any bilateral or multilateral treaties regarding the recognition and enforcement of foreign judgments and is not a party to the Convention on Choice of Court Agreements. The article also considers the current undesirable status of recognition and enforcement of judgments in the region consisting of China, Japan and South Korea (hereinafter referred to as “Region”) and suggests a course of action to be taken to improve the situation. The author believes that the experts of the Region should embark upon a project to improve the current situation and that the first step should be to exchange and gather information on the current legal regime of the countries in the Region on the recognition and enforcement of judgments. The author looks forward to future cooperation among the experts in the Region on this topic and is confident that the reciprocity requirement, which currently is a major obstacle to the mutual recognition and enforcement of foreign judgments in the Region, will be overcome in the near future.

Keywords recognition      foreign judgments      reciprocity      jurisdiction     
Issue Date: 20 July 2018
 Cite this article:   
Kwang Hyun SUK. RECOGNITION AND ENFORCEMENT OF JUDGMENTS BETWEEN CHINA, JAPAN AND SOUTH KOREA IN THE NEW ERA: SOUTH KOREAN LAW PERSPECTIVE[J]. Front. Law China, 2018, 13(2): 171-201.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-007-018-0013-7
https://academic.hep.com.cn/flc/EN/Y2018/V13/I2/171
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