Korean Right To Indemnify

in korean •  4 years ago 

The legal system in South Korea is a civil system rooted in the country's colonial past. It dates back to the early days of the Korean War and its subsequent unification with the United States.
The most important law for civil proceedings is the Korean Civil Procedure Act (KCPA), which entered into force on 1 July 1960. The Civil Code was adopted in 1960 and is based on the "Japanese Civil Code" used in Korea before its adoption. Japanese civil procedures and laws remain in force in South Korea, with the exception of the Korean Civil Procedures Act, or KC PA, and the South Korean Criminal Code.
As the Korean economy develops, it must adopt the rules of the common law system, as civil and legal systems provide insufficient protection for minority shareholders. Korean courts will respect the agreement between the parties in accordance with the principle of freedom of contract. However, there is also validity and enforceability of insurance contracts. When interpreting an insurance policy, only the terms and conditions of the contract and not the legal basis for the contract itself are applied.
In 2002, Korean state-owned enterprises paid out a total of 67 billion Korean won, and CGL bought Commercial Package Insurance, offered by Korea Insurance Corporation (KIC), the country's largest insurance company. It is ironic that recent shareholder activism has strengthened the power of Korean company boards. D & O insurance can be taken out by 49% of directors at a number of Korean insurance companies, at a cost of 1.5 billion won ($1,000) a year. Although the legal basis of liability insurance between a company and its directors outside Korea is more often disputed by legal scholars, it has become common in South Korea to take out liability insurance.
The FSC (FSS) in Korea also regulates insurance transactions written by foreign insurers commonly referred to as "foreign insurers" or "unlicensed insurers" and which are also regulated by the FSC and F SS Korea. All insurers and reinsurers must obtain a licence and establish their subsidiaries as Korean branches or subsidiaries, and the Korea branch will be treated as if it were a separate legal entity established by a foreign company, such as a subsidiary of an insurance company in the United States or Japan.
Under the requirements of the Korean Commercial Code on Corporate Governance, public companies are subject to basic liability rules that are generally not applicable to private companies. However, where company law distinguishes between the duties of directors and executives, there is no difference in the basic liability rules between public and private companies described above.
Korean courts, plaintiffs, and especially foreign plaintiffs who make claims, are required to pay stamp duty, taxes and service fees for legal costs and the administration of the case. This saves time and money compared to the costs of filing claims in private courts in the US and other countries.
However, it is unclear whether this is considered premature under Korean law, and this would be decided on a case-by-case basis.
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In case of breach of the duty to provide information, the insurance contract may terminate the right to compensation in favour of the insurer or it may be void from the outset. In the case of liability insurance, which is common in Korea, the insurer is obliged to cover all legal fees and legal fees paid by the policyholder (the insured). In such a situation, the insured has no right to sue for loss of property or property rights. The claims for damages also include the right of the injured party to claim damages from the person who had the obligation to claim such damages in the form of damages or damages due to injury.
Insurance claims may be heard and decided by a court in Korea, which is under the jurisdiction of a foreign court such as the Korean Supreme Court or the Korean Supreme Court. The parties to foreign proceedings may apply for an injunction before a Korean court with jurisdiction over the matter.
구상권 청구 (or the obligation to pay due compensation) arises from contractual agreements which generally protect against liability for loss or damage. The employer concludes a contract in which the amount of the possible damage, which arose in the event of breach of the employment contract, is specified. Under Korean law, the policyholder (the insured) must inform the employer (employer) of the material conclusion of an insurance policy before applying for insurance.

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