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@article{ART002258450},
author={Kim, Yong Eui},
title={INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP},
journal={Journal of International Business Transactions Law},
issn={2982-5903},
year={2017},
number={19},
pages={167-191}

TY - JOUR
AU - Kim, Yong Eui
TI - INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP
JO - Journal of International Business Transactions Law
PY - 2017
VL - null
IS - 19
PB - The Institute for Legal Studies Dong-A University
SP - 167
EP - 191
SN - 2982-5903
AB - The history of Korean courts’ international jurisdiction over a civil case is not so long. Until 2001, there was no statutory provision in Korea on the international jurisdiction over a case related to the property rights. Civil cases with the foreign elements started from the family law related disputes and, in 1972, the first Supreme Court (the “Court”) decision on the international jurisdiction came out from a civil case related to property rights. However, even up to now, there are not so many Court cases dealing with the international jurisdiction. As international business transactions increase in Korea, the number of cases also increased. Now, about 100 civil cases where international jurisdiction was at issue were decided by multiple levels of the courts in Korea. Together with the fact that the history of international jurisdiction is short and there are not sufficient number of cases, the statutes to govern the requirements and standards for the courts’ exercise of the international jurisdiction are not yet well settled or provide clear and detail descriptions thereof. In addition, it seems that well established directives of the cases regarding the requirements and standards are also lacking. The purpose of this article is to contribute to resolving the current problems through the case researches and analyses focusing on the key facts where the courts found the “substantial relationship with Korea” the most essential element for the international jurisdiction as is stated in the article 2 of Koran Private International Law so that the courts and lawyers in Korea may properly interpret and apply the article 2 of PIL. Thereby this article aims to contribute to enhancing the predictability and legal stability not only domestically but internationally and achieving the status of internationally recognized and reliable forum in the world. Especially, This article is written in English to be of good reference for not only Korean scholars and practitioners but the foreign scholars and practitioners with good interest in Korea by way of citing and reviewing as many foreign cases together with Korean cases as possible in comparative way of study.
KW - international jurisdiction;substantial relationship;ideology of international jurisdiction;land-governing doctrine;sound-reasoning doctrine;reverse land-governing doctrine;private international law (act). civil procedure act;section 2 of civil procedure act;article 1 and 2 of private international act. forum;forum-non convenience doctrine
DO -
UR -
ER -

Kim, Yong Eui. (2017). INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP. Journal of International Business Transactions Law, 19, 167-191.

Kim, Yong Eui. 2017, "INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP", Journal of International Business Transactions Law, no.19, pp.167-191.

Kim, Yong Eui "INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP" Journal of International Business Transactions Law 19 pp.167-191 (2017) : 167.

Kim, Yong Eui. INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP. 2017; 19 : 167-191.

Kim, Yong Eui. "INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP" Journal of International Business Transactions Law no.19(2017) : 167-191.

Kim, Yong Eui. INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP. Journal of International Business Transactions Law, 19, 167-191.

Kim, Yong Eui. INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP. Journal of International Business Transactions Law. 2017; 19 167-191.

Kim, Yong Eui. INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP. 2017; 19 : 167-191.

Kim, Yong Eui. "INTERNATIONAL JURISDICTION OVER A CIVIL CASE ON THE BASIS OF SUBSTANTIAL RELATIONSHIP" Journal of International Business Transactions Law no.19(2017) : 167-191.