Why Are Lawsuits So Difficult To Pursue In S. Korea?

Posted to Paperslip on January 16th, 2026.

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Over the decades, many Korean Adoptees whose cases involve questionable or even nefarious circumstances have fantasized about suing their Korean Adoption Agencies. For those of us raised in the West, the impulse to sue is almost automatic—a knee-jerk reaction when we feel wronged and seek justice. After all, the West is a litigious society. But “just suing” someone in Korea is not so straightforward. We had been told by native Korean legal experts previously that lawsuits were impossible in Korea. For years, we personally struggled to understand why. So, we recently decided to ask ChatGPT. As with all AI-generated information, take what follows with a large grain of salt. Still, we believe it provides a useful framework for understanding why filing lawsuits in Korea can be a long, complex and expensive process with highly uncertain outcomes—especially for Korean Adoptees.

Please note that we have made edits to those ChatGPT answers which we know to be incorrect. We have noted with a “Paperslip Note” where we have made changes or added commentary.

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We asked ChatGPT:

Why are lawsuits so difficult to pursue in S Korea?

ChatGPT said:

Lawsuits in South Korea can be particularly difficult to pursue for several reasons, which stem from legal, cultural, and systemic factors. Here's a detailed breakdown:

1. High Cost and Risk of Litigation

  • Legal fees: Hiring a lawyer in South Korea can be expensive, and courts often require detailed documentation and legal argumentation.

  • No guaranteed compensation: Even if you win, collecting damages can be challenging. This financial risk discourages many people from filing lawsuits.

2. Lengthy Legal Process

  • Delays: Civil cases, especially those involving corporations or government entities, can take years to resolve.

  • Multiple appeals: Cases often go through multiple levels of courts, prolonging resolution and increasing costs.

3. Burden of Proof

  • High evidentiary standards: Plaintiffs carry the burden of proof. South Korean courts require clear, convincing evidence, which can be difficult to gather, especially in cases like workplace disputes or consumer complaints.

  • Limited discovery: Unlike the U.S., South Korea has a more restrictive discovery process. Parties often cannot compel the opposing side to provide documents or testimony, making it harder to build a case.

4. Cultural and Social Factors

  • Avoidance of conflict: South Korean culture often emphasizes harmony and avoiding public disputes, so many people prefer negotiation or mediation over court battles.

  • Social stigma: Suing someone—especially a company or employer—can be seen as confrontational and may damage relationships or reputation.

5. Judicial Conservatism

  • Courts in South Korea tend to be cautious and conservative in awarding damages, particularly punitive damages.

  • There is a preference for compromise and mediation rather than aggressive litigation.

6. Reliance on Alternative Dispute Resolution

  • Many disputes are first directed to arbitration or mediation, either voluntarily or as mandated by contracts.

  • While this can be faster, it often limits the remedies available compared to full litigation.

In short, pursuing a lawsuit in South Korea is difficult because it is expensive, slow, evidence-heavy, culturally discouraged, and judicially conservative. Many people only go to court when the stakes are very high, or they rely on alternative dispute resolution mechanisms instead.

If you want, I can also break down which types of lawsuits are especially hard vs. relatively easier in South Korea, because there’s a big difference between corporate, consumer, and personal injury cases there. Do you want me to do that?

You said:

Please talk about Korean Adoptees suing Korean Adoption Agencies.

ChatGPT said:

Ah, now we’re getting into a very specific and sensitive topic: Korean adoptees suing Korean adoption agencies. This is a notoriously difficult area of law and social justice, and there are several layers—legal, cultural, and historical—that make these lawsuits particularly challenging. Let’s go step by step.

1. Legal Barriers

  • Statute of Limitations: Many adoptees only discover key facts about their adoption later in life. South Korean law often imposes strict time limits for filing lawsuits (e.g., civil claims for fraud or negligence may have a 3–5 year limit after the plaintiff knows or should have known about the issue). By the time adoptees uncover falsified records or abuse, the statute of limitations may have expired.

  • Burden of Proof: Plaintiffs must prove misconduct or negligence on the part of adoption agencies. This often involves reconstructing decades-old records, which may be incomplete, lost, or intentionally falsified.

  • Limited Accountability: Historically, many adoption agencies were private religious organizations or charities that operated with minimal oversight. They are often shielded from liability, especially for actions taken decades ago.

2. Historical and Systemic Factors

  • Record Falsification: Many Korean adoption agencies in the 1970s–1990s falsified birth records or withheld information about biological families. Proving intent or wrongdoing is difficult because the paperwork may have been destroyed or “sanitized.”

  • Government Oversight Gaps: Before the late 1990s, Korean adoption laws were weaker, and oversight was inconsistent. Lawsuits today may hinge on older policies that didn’t clearly define agency liability.

  • Cross-Border Complexity: Many Korean adoptees were adopted internationally, often by families in the U.S., Europe, or elsewhere. Suing a Korean agency from abroad involves jurisdictional challenges, translation issues, and navigating foreign legal representation.

3. Cultural and Social Challenges

  • Confrontation Taboo: Korean culture emphasizes social harmony and respect for institutions. Suing a charitable or religious agency can carry stigma and social pushback.

  • Adoptee Isolation: Many adoptees grow up outside Korea and may lack local support networks to pursue complex lawsuits in Korean courts.

4. Recent Developments

  • In recent years, there has been some movement:

    • Exposé investigations and public scrutiny of adoption agencies’ past practices.

    • Civil lawsuits by adoptees seeking records or damages for falsified documents.

    • Government acknowledgment: The Korean government has started digitizing adoption records and encouraging transparency, which can help legal claims.

      • Paperslip Note: NCRC, the Korean Public Institution which now has possession of all former Korean Adoption Agency files (at least as of 2025 — these same files will likely move to the Seongam branch of the National Archives in 2026) — is riddled with issues related to the birth family search process of Adoptees.

  • Still, successful lawsuits are rare, partly because many claims are legal gray areas due to lack of precedent.

5. Practical Outcomes

  • Many adoptees are pursuing truth and access to records rather than financial compensation, because proving damages in court is extremely difficult.

  • Some cases settle confidentially, but large-scale liability suits against agencies are almost nonexistent.

  • Advocacy groups focus on legal reform and record access.

Summary:

Suing Korean adoption agencies is particularly hard because of:

  1. Legal barriers – statute of limitations, burden of proof, lack of clear liability laws.

  2. Historical issues – falsified or missing records, weak oversight decades ago.

  3. Cultural barriers – conflict avoidance, agency protection, social stigma.

  4. Practical issues – cross-border jurisdiction, lack of support networks, and complex evidentiary challenges.

In practice, most adoptees focus on record access and truth-telling, rather than traditional litigation for damages.

If you want, I can outline strategies adoptees have actually used to successfully pressure agencies or the government, which is a combination of legal, political, and advocacy approaches. That part is fascinating because it’s not your typical lawsuit route. Do you want me to go into that?

You said:

Sure

ChatGPT said:

Perfect — this part is really interesting because it shows how Korean adoptees have navigated a system that’s so legally and culturally stacked against them. Since traditional lawsuits are hard, many adoptees have used a mix of legal, political, and advocacy strategies to get results, especially regarding access to records, accountability, and recognition of past wrongs. Here’s a breakdown:

1. Pursuing Record Access

  • The Goal: Many adoptees want birth records, original paperwork, and adoption files that were falsified or withheld.

  • Strategies Used:

    • Administrative Requests: Filing official requests with the Korean Ministry of Health and Welfare (MOHW) NCRC for adoption files. Recently, digitization of records has made this more feasible

      • (Paperslip Note: NCRC’s process is riddled with issues, so we don’t really agree with this last statement).

    • Freedom of Information Approaches: Advocates pressure the government to release anonymized or full records under transparency laws.

    • Coalition Work: (Korean Adoptee groups) lobby for systemic access to records rather than individual lawsuits.

Effectiveness: Very successful compared to traditional lawsuits. Many adoptees now obtain documents they previously had no access to.

2. Public Exposure and Advocacy

  • The Goal: Shine a light on misconduct to pressure agencies to act or compensate.

  • Strategies Used:

    • Media campaigns and documentaries: Stories of falsified records or improper adoptions attract international attention.

    • Reports to Korean government: Exposing historical misconduct encourages legislative or policy changes.

    • International pressure: Adoptees in the U.S., Europe, and Canada often leverage foreign media and government attention to force change in Korea.

Effectiveness: High for raising awareness, sometimes leads to policy reform even if lawsuits fail.

3. Negotiated Settlements

  • Some adoptees have successfully reached confidential settlements with agencies instead of going through full litigation.

  • These often involve:

    • Record access

    • Apologies or acknowledgment of wrongdoing

    • Rarely, financial compensation

Why It Works: Agencies want to avoid public scandal and often prefer private resolution, especially if legal liability is ambiguous.

4. Legislative Advocacy

  • Advocates push for:

    • Longer statutes of limitations for historical adoption claims

    • Mandatory record retention for adoption agencies

      • Paperslip note: As of July 19th, 2025, NCRC has all former Korean Adoption Agency files, and these may be transferred yet again to the Seongam branch of the National Archives in 2026.

    • Government oversight of past adoptions

  • Example: Some proposed laws in Korea aim to digitize and preserve adoption records indefinitely, making future claims easier.

    • Paperslip note: As of July 19th, 2025, NCRC has all former Korean Adoption Agency files, and the NCRC birth family search process is riddled with issues. All former Korean Adoption Agency files, and these may be transferred yet again to the Seongam branch of the National Archives in 2026.

Effectiveness: Slow, but it creates the framework for systemic change that individual lawsuits cannot achieve.

5. International and Cross-Border Legal Tactics

  • Adoptees sometimes file lawsuits in their country of residence against international adoption agencies or their Korean partners.

  • Challenges include jurisdiction issues and proving liability across borders, but it can sometimes yield settlements or pressure Korean agencies indirectly.

✅ Key Takeaways

  • Traditional litigation rarely works because of statutes of limitations, missing records, and agency protections.

  • Successful approaches are multi-pronged, combining legal requests for records, advocacy, media pressure, and negotiation.

  • Goal shifts from money to truth: Adoptees often seek identity, documentation, and acknowledgment rather than financial compensation.

  • Collective action works best: Advocacy groups are far more effective than solo lawsuits in forcing agencies or the government to act.