South Korea is home to some of the world’s biggest companies, including, Samsung Electronics, Hyundai Motors, LG Electronics and many more!
So, it’s very likely that at some point, a US person or company will decide to file a lawsuit. Whether it’s a personal civil suit, such as family law, or a business-to-business action, international lawsuits happen every day.
Once the suit is prepared and filed, the next step is service of process on the defendant.
Can You Serve A Party In South Korea?
You can, but there are strict procedures in order to do so.
Since South Korea is a part of The Hague Service Convention, you’re required to abide by their requirements. The first step is to fill out a Hague Service Request.
Although the Hague Convention lists service requirements under both Article 5 and Article 10, South Korea only allows for Article 5. There are three steps involved:
- Fill a USM-94. Make sure it’s filled out precisely, if it is not filled out precisely you could end up waiting 6 months just for application denial. Once it’s completed, an assigned agent must sign.
- Have your documents translated and certified into Korean. Korea’s declaration to Article 5(3) states translation is required even if your defendant speaks English. If a translation is not included the Central Authority will deny your application. Make sure to translate everything, even the USM94 application. The translations must include a certificate of translation.Note: Once the defendant has been served chances are you will be required to get the proof of service translated since the Korean Central Authority only responds in the native language.
- Forward it to South Korea’s Authority, located in Seoul.
Once submitted, it can take as long as six months to receive proof of service. Like most international process services, there isn’t a way to accelerate the timeline.
Alternative Forms of Service?
South Korea formally objects to Article 10. Article 10 allows us to use an agent in the country to deliver the documents directly to the defendant. This method bypasses the Central Authority, and if your defendant speaks English, translation won’t be required. The only issue is that South Korea doesn’t allow service through this method. We can still proceed and use one of our agents to deliver the documents but you are taking the risk the Judge or opposing counsel won’t accept the service. If you understand these risks and wish to proceed, then contact us today to receive a quote.
By Legal Pro. For Legal Pros
Do you or your firm need to serve someone in South Korea? Judicial Support is ready to help no matter where you need to have someone served. Based in Miami, we work with clients worldwide to ensure that your process service is completed in accordance with the city, state or country’s requirements.
Service of process is vital, especially with overseas parties. That’s why it’s essential to work with an experienced company that understands process service and The Hague Convention. Make sure that your service is completed the right way, no matter where the other party resides. You can call us today at 1-800-852-5002, or email us at Global@JudicialSupport.com. We’re happy to answer all your questions