How to Serve a Korean Defendant Under the Hague Convention
A Practical Guide for U.S. Litigants and Counsel
1. Why the Hague Service Convention Matters
Service of process is the first formal step in any lawsuit.
When the defendant is located abroad, that step triggers international law.
Both the United States and Republic of Korea are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (1965).
The Convention provides an exclusive, treaty-based mechanism for transmitting legal documents between the two countries.
Improper service can result in dismissal or delay—sometimes months of litigation lost to procedural error.
Understanding the treaty’s framework is therefore essential before any attempt to serve a Korean party.
2. Korea’s Designated Central Authority
Under Article 2 of the Convention, each member nation must designate a Central Authority to receive service requests from abroad.
South Korea’s Central Authority is:
Ministry of Justice – International Civil Affairs Division
Government Complex Gwacheon, 47 Gwanmun-ro, Gwacheon-si, Gyeonggi-do 13809, Republic of Korea
Tel: +82-2-2110-3162
Website: https://www.moj.go.kr
All formal service requests from the U.S. must be sent to this office through the appropriate channel.
3. The Required Documents
A complete service packet must include:
Form USM-94 (Request for Service Abroad) — available from the U.S. Marshals Service website.
Summons and Complaint or equivalent initiating documents.
Translation into Korean of all documents to be served, including the USM-94 form.
Korea has declared under Article 5(3) that it requires translations into Korean for all defendants.
Payment or return envelope for Korea’s processing fee (typically via international money order).
Incomplete or untranslated submissions will be rejected without notice.
4. Transmission from the United States
The Hague Service Convention permits applicants to send requests through their competent authority—in the U.S., this means the Clerk of Court or the U.S. Department of Justice’s Office of International Judicial Assistance (OIJA).
Most federal and state litigants use the OIJA, which forwards the packet to the Korean Ministry of Justice.
Private mail or courier delivery directly to the defendant does not constitute valid service under Korean law.
5. The Process Inside Korea
Once received, the Korean Ministry of Justice verifies that the request meets formal requirements and then transmits it to the local district court with jurisdiction over the defendant.
That court’s bailiff (court officer) physically serves the documents on the defendant—similar to service by a marshal in the U.S.
Upon completion, the court prepares a Certificate of Service, which is returned through the same diplomatic channel back to the U.S. court.
6. Timeline and Tracking
Service through the Hague Convention in Korea generally takes 3 to 6 months.
Delays may occur due to translation review, address verification, or court scheduling.
Applicants can track receipt through the OIJA, but status updates from Korea are limited.
Planning ahead—especially before filing motions for default judgment—is critical.
7. Alternatives: Service by Mail or Other Means?
Korea has formally objected to service under Article 10(a) of the Convention.
This means service by international mail is not permitted.
Likewise, private agents or email service are not valid substitutes without court approval.
The only safe and recognized route is through the Central Authority or, in limited cases, by letters rogatory.
8. Translation and Certification Tips
Use a certified Korean translator experienced in legal documents.
Ensure consistent terminology between English and Korean pleadings (e.g., party names, case captions).
Include notarization or apostille where required by the receiving court.
Confirm that any exhibits or attachments are also translated if they contain material facts.
9. Strategic Considerations
Start early: six months of lead time is ideal before any default deadlines.
Budget accordingly: translation and international processing costs can exceed $1,000.
Coordinate with Korean counsel: they can help verify the defendant’s address and monitor local court service.
Expect reciprocity: improper shortcuts can jeopardize later enforcement of a U.S. judgment in Korea.
Proper service is not just procedural—it determines whether your judgment will ever be enforceable overseas.
Conclusion
Serving a Korean defendant under the Hague Service Convention requires precision, patience, and bilingual coordination.
A single procedural error can invalidate months of litigation.
By following the treaty process through Korea’s Ministry of Justice and ensuring accurate translation and documentation, U.S. litigants can achieve valid, recognized service abroad.
Good Pine P.C. assists law firms and corporate clients with international service under the Hague Convention, helping ensure compliance, efficiency, and enforceability from New York and New Jersey to Seoul.
Disclaimer
This publication is provided by Good Pine P.C. for general informational and educational purposes only.
It does not constitute legal advice, does not create an attorney–client relationship, and should not be relied upon as a substitute for individualized counsel.
Because every matter depends on specific facts and applicable law, readers should consult qualified counsel licensed in the relevant jurisdiction before taking or refraining from any legal action.
Good Pine P.C. is a U.S. law firm based in New York and New Jersey.
Our attorneys advise clients solely on matters governed by U.S. federal and state law.
References to Korean procedures are provided for general understanding and comparison only and do not constitute legal opinions under Korean law.
