ABSTRACT
This chapter outlines the legal environment in South Korea – the constitutional structure, the legal system and the court system. A brief description of the construction industry in Korea is provided, highlighting current challenges and unique features. The impact of the Covid-19 pandemic on the execution of construction projects and the operation of construction contracts is discussed. Applicable legislation in Korea is identified for three situations: (1) where the governing law of the contract is Korean law, (2) where the construction site is in Korea, and (3) where the ‘seat’ of the dispute determination is in Korea. The specific requirements of applicable legislation in Korea are used to identify what Particular Conditions are necessary or desirable for consistency with applicable laws for cases (1) where the governing law of the contract is Korean law, (2) where the construction site is in Korea, and (3) where the ‘seat’ of the dispute determination is in Korea. Issues that a court or arbitrator may construe differently to that expected from the words of the contract because of local law or custom are identified.
