Powered by Lexis+®
Jurisdiction(s):
United Kingdom

South Korea securities class actions: legal basis, certification, opt-out regime, procedure, discovery, costs, funding and settlements - a practitioner Q&A

Practice notes
imgtext

Class actions—South Korea—Q&A guide

This Practice Note provides a jurisdiction-specific Q&A on class actions in South Korea, published within the Lexology Getting the Deal Through series by Law Business Research (law stated at: 15 September 2022). Authors: Hannuri Law Firm—Joo-young Kim; Hyun-ju Ku.

1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought?

South Korea operates a three-tier court hierarchy comprising district courts, high courts and the Supreme Court. The 18 district courts primarily exercise original jurisdiction over most civil and criminal matters, subject to limited exceptions. Appeals from decisions issued by three-judge panels in a district court are heard by the six high courts. The Supreme Court sits at the apex and serves as the final court on most legal questions, which includes matters concerning class actions. Although Korea also maintains specialised courts—such as the patent court and the family court—none has dedicated authority over collective or representative claims. Consequently, class actions are filed in the district courts. There is a distinctive aspect of jurisdiction for securities-related class actions involving an ‘opt-out’...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow