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As for Korea, there are specific rules for international jurisdiction in the
Private International Law Act of Korea (“KPILA”). Article 2 of the KPILA lays

down general principles on international jurisdiction as follows:

“(1) The courts shall have international jurisdiction if the parties or the

case in dispute has a substantial connection with the Republic of Korea.
In determining whether or not such substantial connection exists, the courts

shall follow the reasonable principles in conformity with the ideas
underlying the allocation of international jurisdiction.

(2) The courts shall determine whether or not they have international
jurisdiction by reference to the provisions on jurisdiction of domestic laws,

having full regard for the special characteristics of international jurisdiction
in light of the provisions of paragraph (1).”

This provision acknowledges the special nature of international jurisdiction
and requires Korean courts to take into account its special context in the

determination of international jurisdiction, rather than assuming that the rules on
international jurisdiction are equal to those of domestic jurisdiction provided in the

Civil Procedure Act . Since 2014, Korean legislators have been working on a massive
23
amendment to the KPILA to replace Article 2 with more concrete and detailed rules

on civil, commercial and family matters to enhance legal certainty on adjudicatory
jurisdiction in Korea .
24

On the other hand, the EU has adopted the Brussels I Regulation and its
2012 revision (“Brussels I (recast)”) to unify the rules of conflict for jurisdiction in
25

23. Hyun Suk Kwang, “Introduction of Detailed Rules of International Adjudicatory Jurisdiction in Korea:
Proposed Amendments of the Private International Law Act,” Japanese Yearbook of Private International
Law 19, (2017): 5.
24. See “International Jurisdiction,” Ministry of Government Legislation of Korea, accessed January 31,
2018, http://www.lawmaking.go.kr/ lmSts/govLmPln/1000000152422/2000000219907.
25. Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012
on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
(recast), OJ2012, L 351/1.

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