Who may apply to a Korean court for recognition of a foreign insolvency proceeding, and what must the application carry with it?
General information · Not legal advice
Material to check
In a practice file of this kind we read the document proving that the foreign proceeding was opened, the paper proving the applicant's capacity and authority as that proceeding's representative, and whatever shows where the debtor's business establishment, office or domicile sits in the filing country. We also check that each foreign-language paper has a Korean translation attached.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as written: the representative of the foreign insolvency proceeding may apply to the court for recognition, but only where the debtor has a business establishment, an office or a domicile in the country where that proceeding was filed, and only with the listed documents attached, with a translation attached to anything written in a foreign language.
Another reading stresses what the provision does not reach: it names the representative as the one who may apply and says nothing about the debtor or its creditors applying, and it fixes the location condition by reference to the country in which the proceeding was filed, so a debtor's ties to other countries do not satisfy it.
Your judgment
If the debtor's only presence in the filing country is a place of business held through a company it controls, does that presence meet the location condition?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to let other persons apply for recognition, or if a court decision explains what counts as the debtor's establishment, office or domicile in the filing country.