International civil procedure

International civil procedure (국제민사소송/國際民事訴訟) refers to the procedural matters arising out of a civil action or civil procedure with foreign factors in terms of law.

In a broad sense, international civil procedure covers not only three key issues of the private international law (국제사법/國際私法) such as international jurisdiction, governing law and the recognition and enforcement of foreign judgment, but also other procedural issues such as international judicial cooperation regarding service of process, evidence and insolvency.

Key words
private international law, civil procedure, international jurisdiction, judicial assistance, sovereign immunity

Framework of International Civil Procedure
In July 2012, Prof. Kwang-Hyun Suk published International Civil Procedure Law [국제민사소송법 - 국제사법(절차편)] for the first time in Korea.

The table of contens (TOC) of Prof. Suk's book is as follows:
 * 1) Introduction
 * 2) Basic theories
 * 3) Soverign immunity
 * 4) International jurisdiction
 * 5) Parties of international litigation
 * 6) International competition of civil procedures
 * 7) International judicial cooperation
 * 8) International evidence law
 * 9) Investigation and application of foreign law
 * 10) Recognition and enforcement of foreign judgment
 * 11) Cross-border insolvency
 * 12) International commercial arbitration
 * 13) Appendix: Related statutes and cases

Statutes

 * The Private International Act and other Acts have several provisions related with international civil procedure as follows:
 * Article 2 of the Private International Act
 * Article 28
 * Article 5


 * Article 191 of the Civil Procedure Act
 * Article 296


 * Article 55 of the Civil Enforcement Act

Treaties

 * Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters effective on August 1, 2000 (민사 또는 상사의 재판상 및 재판외 문서의 해외송달에 관한 협약, 일명 "헤이그 송달협약")
 * Convention on The Taking of Evidence Abroad in Civil or Commercial Matters effective on February 12, 2010 (민사 또는 상사의 해외증거조사에 관한 협약, 일명 "헤이그 증거협약")
 * Treaty on Judicial Assistance in Civil and Commercial Matters between the Republic of Korea and Australia effective on January 16, 2000 (한호 민사사법공조조약)
 * Treaty between the Republic of Korea and the People's Republic of China on Judicial Assistance in Civil and Commercial Matters effective on April 27, 2005 (한중 민사사법공조조약)

Supreme Court cases
See the Supreme Court cases explained at International jurisdiction.

Prof. Suk argues that the old Supreme Court cases including 93Da39607 case under the previous Private International Act should be modified because the new Private International Act has established a principle in line with the prevailing international law.