Letters Rogatory and Depositions in Korea: Navigating International Evidence Requests
A Practical Guide for U.S. Litigants and Counsel
1. The Challenge of Cross-Border Discovery
Unlike within the U.S., American-style discovery cannot be conducted freely in South Korea.
Private parties, including foreign attorneys, cannot compel testimony or document production within Korean territory.
Instead, U.S. litigants must request assistance from Korean courts through formal diplomatic channels — a process governed by the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”).
Both the United States and Republic of Korea are parties to the Convention, and the procedures are designed to ensure judicial cooperation between countries while respecting national sovereignty.
2. Understanding Letters Rogatory
A Letter Rogatory (사법공조 요청서) is a formal request from one court to another — across national borders — asking for judicial assistance.
In the U.S.–Korea context, this means a U.S. court asks a Korean court to obtain testimony, documents, or other evidence on its behalf.
Letters Rogatory are typically used when:
The witness or evidence is located in South Korea;
The U.S. court lacks jurisdiction to compel discovery abroad; and
The requesting party needs legally admissible evidence for trial.
3. The Hague Evidence Convention Framework
The Hague Evidence Convention simplifies the traditional Letters Rogatory process by creating direct channels of communication between designated Central Authorities in each country.
For Korea, the 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
The U.S. counterpart is the Office of International Judicial Assistance (OIJA) within the Department of Justice.
The U.S. court sends the Letter Rogatory to OIJA, which transmits it to the Korean Ministry of Justice.
The Ministry then forwards it to the appropriate Korean court for execution.
4. Depositions in Korea: Strictly Regulated
South Korea does not permit private depositions to be taken on its soil by foreign attorneys or court reporters.
This prohibition applies even if all participants are U.S. citizens.
Conducting such activity without prior authorization can violate Korean law.
However, depositions may occur within the U.S. Embassy or U.S. Consulate in Seoul only under specific conditions:
The deponent must be a U.S. citizen or willing participant;
Permission must be granted by the Korean government; and
The deposition must not involve compulsory process against a Korean national.
In practice, this means that compulsory depositions of Korean witnesses must proceed through the Korean court system via Letters Rogatory.
5. Step-by-Step: How to Request Evidence from Korea
Prepare the Letter Rogatory
Identify the court, case number, and purpose of the request.
Specify exactly what testimony or documents are sought.
Use respectful and formal language (as it is a communication between courts).
Translate into Korean
Korea requires a complete Korean translation of the Letter Rogatory and all exhibits.
Submit Through the DOJ’s OIJA
U.S. litigants send the packet to the OIJA, which forwards it to the Korean Ministry of Justice.
Korean Court Executes the Request
The local court may summon the witness, conduct questioning under Korean judicial procedure, and prepare a transcript or certified documents.
Return of Evidence
The Korean court sends the evidence and official certificate back through the same diplomatic channel to the originating U.S. court.
6. Timeline and Practical Considerations
Duration: Typically 6–12 months from submission to receipt of evidence.
Costs: Translation, notarization, and court handling fees vary; expect several hundred to several thousand dollars.
Scope: Korean courts may limit questioning or document requests if they conflict with local law or privacy protections.
Coordination: Engaging a bilingual U.S.–Korea law firm can ensure compliance and prevent procedural rejection.
7. Alternatives and Limitations
Because Korea prohibits unsanctioned discovery, alternative means such as voluntary affidavits or interviews may be used if the witness consents.
However, such statements typically lack the same evidentiary weight as court-obtained testimony.
U.S. litigants should avoid any attempt to serve subpoenas or conduct depositions privately in Korea, as such actions could violate Korean sovereignty and jeopardize admissibility.
8. Strategic Recommendations
Plan early: Letters Rogatory are slow; initiate at the start of discovery.
Be precise: Narrow, specific requests are more likely to be granted.
Budget realistically: Include translation and international costs in your discovery plan.
Work bilingually: Korean counsel can clarify cultural and procedural expectations.
Conclusion
Obtaining testimony or evidence from Korea under the Hague Evidence Convention is a highly structured, government-to-government process.
While slower than domestic discovery, it ensures that evidence gathered abroad is valid, admissible, and respectful of Korean law.
At Good Pine P.C., we help U.S. litigants and law firms navigate the complexities of Letters Rogatory, embassy depositions, and Korean court evidence requests with precision and compliance.
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 law or procedure are provided for general understanding and do not constitute a legal opinion under Korean law.
