Disputes between Vietnamese and Korean

    Background

    According to the statistics from Ministry of Planning (MPI) and Investment, Korea is the biggest investing country of Vietnam. If we count the number of Korea's investment projects from 1988 to the end of 2017, it's over 6,600 projects, and this number is nearly 2 times bigger than the number of Japan's investment projects (around 3,600 projects, the 2nd biggest investor of Vietnam) on the same duration. Surely, there could be even more biz co-operations between Vietnamese and Korean which are not registered on MPI's statistics, so naturally, there could be lots of disputes between Vietnamese and Koreans, but solving those kinds of disputes has several difficult points.

    Dispute Types

    Basically, we may divide to think the disputes as company issues and individual issues. There can several types of disputes, but there are general disputes types as below.

    • Disputes between companies : Uncollected product price and wrong product quality or quantity on trades.
    • Disputes between companies and individuals : Oversea labors' employment environments and conditions.
    • Disputes between Individuals : Property rights and custodians on divorces.

    Litigation in Korea

    Even proceeding a litigation in Vietnam as a Vietnamese is not an easy work, so making it in Korea can be much harder. But basically the court system in Korea accept litigation by foreigners, so if your damage is big, you better consider a litigation in Korea.

    Warning Letter in Korea by a Content Proof Post

    In Korea, there is a special post system which is named as "Content Proof (내용증명)". The content proof post system need 3 copies for 1 post, because 1 one copy will be sent to the receiver, and another copy will be kept by Korean government, and the last one will be kept by the sender. If you send a content proof post, you may easily leave the status of your dispute with public authorized evidences.

    Enforcement in Korea

    If you target to get compensations in Korea, you need to know the enforcement procedure in Korea as well. The enforcement is a procedure that a government helps to collect actual compensation (mostly cash in the final result) from the defendant. BTW, the enforcement should be done after wining from a litigation, but if the litigation was in Vietnam, the Korean government request one more judgment in Korea, before you proceed the enforcement in Korea.

    Understanding Both Legal Environments

    Conclusively, if you are on a dispute with a Korean company or individual, you need to have legal knowledge in Vietnam and Korea at the same time. In this type case, working with a normal Vietnamese lawyer or a Vietnam law firm may not be helpful to solve the dispute, if your Vietnamese legal partner doesn't have knowledge and experiences in Korea. At the same time, working with a Korean legal partner may cause same troubles, if the one don't know the legal status in Vietnam.

    Consultation

    SLF can proceed litigation in Korea for Vietnamese with proper legal understandings and human resources in both countries. If you have difficulties to deal with Korean partners, please don't hesitate to contact us through below contact.


    Contact

    We can get your phone calls at 09:00 ~ 17:00 GMT+7 on Monday ~ Friday. Please contact +84-8888-85840 for English and Vietnamese, and +84-8888-82820 for Korean. If you use the right below contact form, we will response you within 1 workday. If you need a detail response, we recommend you to write an email to contact@seoul.vn.