SOUTH KOREA Law and Practice Contributed by: John H Choi, Han Soon Choi, Changhun Lee and Seungjun Woo, Shin & Kim
10. Other Remedies 10.1 Injunctions Administrative Lawsuit Against the KFTC
seizure on the grounds that they have prevailed in the main case, and the victim could be liable for damages if they have inflicted damages on the perpetrator by
the decision that approved the seizure. 10.2 Alternative Dispute Resolution
Filing a cancellation action does not itself stay the effect or enforcement of a KFTC disposition. In the case of an Administrative Lawsuit Against the KFTC, the business entity may petition for suspension of the enforcement of a disposition on the ground that there is a risk of irreparable damage due to the disposition of the KFTC, while claiming cancellation of the dispo - sition on the ground that the disposition is unlawful. The court may decide to suspend the enforcement of the disposition before its judgment on the case on the merits on petition by that business entity or on its own official authority. Antitrust Damages Lawsuit In the case of an Antitrust Damages Lawsuit, the court’s role becomes limited to the extent of order - ing the perpetrator to monetarily compensate for the damages, and deciding whether it will accept the victim’s request for provisional seizure for effective recovery of damages. In order for the victim to request seizure by rendering the right to claim damages arising from the MRFTA violation as a right to preservation, there must be a serious concern that it may not be possible to enforce the award without the seizure, even if the victim pre - vails in the damages lawsuit. The fact that there is a concern that it will be very difficult or impossible to enforce the award will be acknowledged depending on whether the level of situation that provides for the court’s presumption of certainty, if not its confidence, has been shown. When the victim requests the seizure, the court usu - ally decides whether to accept the request without notifying the perpetrator. There are no additional steps that the victim must take in order to have the court decide to accept the request without notifying the per - petrator. The court’s decision can be made within one month from the time the request is made. On the other hand, if the victim has obtained a deci - sion approving the seizure but lost in the main case, the perpetrator can request the cancellation of the
In the case of an Antitrust Damages Lawsuit, the par - ties can resolve the case in accordance with alterna - tive dispute resolution procedures by going through procedures such as reconciliation and mediation both inside and outside the lawsuit. Particularly for a case regarding damages caused by collusion, it takes a considerable amount of time and money to calculate the appropriate amount of damages. Resolving the case through alternative dispute resolution proce - dures can be effective for all the parties concerned. However, to do so is not mandated.
11. Funding and Costs 11.1 Litigation Funding
There is no regulation in South Korea that limits or guarantees litigation funding in relation to litigation
procedures. 11.2 Costs Dividing Litigation Costs
In filing a suit, the plaintiff pays a certain amount of the litigation costs in accordance with the relevant laws and regulations. When the court makes a deci - sion, it rules on which party should ultimately bear the litigation costs incurred in the course of the trial and the ratio of litigation costs the respective par - ties must bear. Litigation costs are, in principle, to be borne by the losing party, and in the case of partial victory, the ratio of the litigation costs is usually deter - mined according to the percentage of victory between the parties. The specific amount of litigation costs to be borne by the parties will be determined through a separate trial process known as the procedure for confirming litigation costs, and the parties will go through the process of paying the confirmed litiga - tion costs to the other party afterwards. Attorneys’ Fees Attorneys’ fees are also a type of litigation cost, but the full amount of attorneys’ fees is not included in
166 A NTITRUST LI T IGATI O N 2026
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