Please review whether I am in a situation requiring international litigation.

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I've recently been receiving serious threats due to conflicts related to my business. I want to hire a personal bodyguard — I'm wondering how bodyguards establish security plans. For example, I'm curious about how the security personnel will protect my movement routes, workplace, and home, when security will be strengthened, and how they'll handle particularly dangerous situations.

international litigation

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作者: 김국일

Hello. I am the customs specialist attorney at Daeryun Law Firm.

The situation you mentioned is a frequently occurring dispute type in international transactions, and you may need to file a lawsuit according to the jurisdiction and governing law clauses stated in the contract.

International litigation refers to lawsuits conducted when the parties or the case are related to different countries.

Procedures are complex due to differences in legal systems, jurisdiction, language, and methods of evidence collection by country.

If the contract specifies that the US court has jurisdiction, in principle, you must file a lawsuit in a US court.

▶ US court international litigation procedure

1. Filing the complaint

You file the complaint with the court of jurisdiction over the case and specify the contents of the claim and evidence.

2. Service and answer
You serve the complaint on the other party, and the other party submits a response within the specified period.

International service is conducted according to international regulations such as charters and conventions.

3. Evidence collection

In US litigation, an extensive discovery system applies.

You organize related materials such as contracts, emails, transaction records, and if necessary, secure evidence in cooperation with attorneys and digital forensics experts.

4. Hearings and trial

After written hearings and evidence submission, court hearings proceed.

5. Judgment and enforcement

Even after the judgment, you must review whether enforcement is possible, and if enforced in Korea, separate procedures are required.

As such, since international litigation has very large time and cost burdens, it is good to first try international arbitration or international dispute mediation procedures before filing.

In particular, if the contract specifies arbitration or mediation as the dispute resolution procedure, the lawsuit itself may be dismissed if you do not go through it first, so caution is needed.

Our firm provides practical assistance in international litigation cases through US law advisory US attorneys.

In particular, we can perform case strategy formulation, contract analysis, evidence organization, translation, and document preparation support, etc.

International litigation involves intertwined procedures and legal interpretations between countries, so if the initial response is mishandled, time and cost will increase greatly.

It is safe to first review the resolution possibility through dispute mediation procedures before filing a lawsuit.

If you need legal assistance with international litigation and related procedures, please request a consultation with Daeryun, where US law advisory US attorneys and Korean attorneys with extensive international litigation response experience in Korea collaborate.