I85PREP
⌘ K
Korean Bar Examination (변호사시험): core legal foundations study materials
Korean Bar Examination (변호사시험): core legal foundations study resources

Korean Bar Examination (변호사시험): core legal foundations practice questions

One question at a time. Build your Korean Bar Examination (변호사시험): core legal foundations understanding.

First 50 of 190 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Korean constitutional and administrative review

Under the Constitution of the Republic of Korea, which of the following correctly describes the principle of proportionality (과잉금지원칙) applied by the Constitutional Court when reviewing statutes that restrict fundamental rights under Article 37(2)?

  1. The statute must satisfy legitimacy of purpose, appropriateness of means, least restrictive means (necessity), and balance of legal interests (법익의 균형성) Correct answer.
  2. The statute is constitutionally valid as long as the National Assembly passed it by a two-thirds supermajority
  3. The government must demonstrate that the law will generate positive tax revenues exceeding implementation costs
  4. The statute must be identical to model legislation adopted in at least three other OECD member states

Explanation

Under settled Constitutional Court jurisprudence and Article 37(2) of the Constitution, statutory restrictions on fundamental rights must satisfy all four prongs of the principle of proportionality: (1) legitimacy of legislative purpose (목적의 정당성), (2) appropriateness of means (수단의 적합성), (3) least restrictive means / necessity (침해의 최소성), and (4) balance between public interest and private harm (법익의 균형성). Failure of any single prong renders the restriction unconstitutional.

Question 2Korean constitutional and administrative review

Under Article 68(1) of the Constitutional Court Act, what is the core requirement regarding the exhaustion of prior remedies before filing an ordinary constitutional complaint (헌법소원심판)?

  1. A complainant may file directly with the Constitutional Court without pursuing any administrative or judicial remedies
  2. If any other relief procedure is provided by other statutes, a constitutional complaint may not be filed until all such statutory remedies have been exhausted (보충성의 원칙) Correct answer.
  3. The complainant must obtain a discretionary referral from the Prime Minister
  4. The complainant must file within 10 years of reaching adulthood

Explanation

Article 68(1) of the Constitutional Court Act enshrines the principle of subsidiarity (보충성의 원칙): if any other statutory remedy or judicial appeal is available, a constitutional complaint may not be requested until all such prior procedural avenues have been completely exhausted.

Question 3Korean constitutional and administrative review

Under Article 68(2) of the Constitutional Court Act, when may a litigant file a constitutional complaint challenging the constitutionality of a statute (위헌심사형 헌법소원)?

  1. When the ordinary trial court has already granted a request to submit the statute for constitutional review
  2. When a motion requesting the ordinary trial court to refer the statute for constitutional adjudication has been dismissed or rejected by that court Correct answer.
  3. When the litigant has never appeared before any ordinary court
  4. When the National Assembly repeals the statute during the pendency of the appeal

Explanation

Under Article 68(2) of the Constitutional Court Act, if a party's motion requesting the trial court to refer a statute to the Constitutional Court under Article 41(1) is rejected or dismissed (기각 또는 각하), that party may directly file a constitutional complaint challenging the statute with the Constitutional Court within 30 days.

Question 4Korean constitutional and administrative review

Under Article 111(2) of the Constitution of the Republic of Korea, how is the bench of nine Justices of the Constitutional Court composed?

  1. All 9 Justices are appointed unilaterally by the Chief Justice of the Supreme Court
  2. All 9 Justices are appointed by the President, with 3 designated from candidates elected by the National Assembly and 3 nominated by the Chief Justice of the Supreme Court Correct answer.
  3. The Justices are directly elected by popular nationwide vote every 4 years
  4. 6 Justices are appointed by the Minister of Justice and 3 by the Prime Minister

Explanation

Article 111(2) and (3) of the Constitution provides that the Constitutional Court shall be composed of nine Justices appointed by the President. Among them, three are appointed from candidates elected by the National Assembly, and three are appointed from persons nominated by the Chief Justice of the Supreme Court, ensuring balanced institutional representation.

Question 5Korean constitutional and administrative review

Under Article 21(2) of the Constitution of the Republic of Korea, what form of government restriction on freedom of speech and the press is categorically prohibited?

  1. Post-publication civil defamation lawsuits
  2. Licensing or censorship of speech and the press, and licensing of assembly and association (언론·출판에 대한 허가나 검열과 집회·결사에 대한 허가는 인정되지 아니한다) Correct answer.
  3. Criminal prosecution for perjury committed in court
  4. Enacting antitrust limits on media corporate ownership concentration

Explanation

Article 21(2) of the Constitution explicitly commands that licensing or censorship of speech and the press, and licensing of assembly and association, shall not be recognized under any circumstances (absolute ban on prior censorship / 사전검열금지의 원칙).

Question 6Korean constitutional and administrative review

Under Article 23(3) of the Constitution, what are the constitutional prerequisites for the expropriation, use, or restriction of private property for public necessity?

  1. It must be based on statute and just compensation must be paid (법률로써 하되, 정당한 보상을 지급하여야 한다) Correct answer.
  2. It may be carried out by unilateral executive order without statutory authority, provided nominal compensation is offered
  3. It requires prior unanimous consent from all property owners in the surrounding district
  4. It is constitutionally prohibited under all circumstances regardless of public necessity

Explanation

Article 23(3) of the Constitution provides that expropriation, use, or restriction of private property for public necessity shall be governed by statute (법률유보) and just compensation (정당한 보상) must be paid. Both statutory authorization and just compensation are dual constitutional prerequisites.

Question 7Korean constitutional and administrative review

Under Article 53 of the Constitution, what voting majority is required in the National Assembly to override a Presidential veto of a bill and pass it into law?

  1. A simple majority of the members present
  2. The attendance of a majority of the total members, and the concurrent vote of two-thirds or more of the members present (재적의원 과반수의 출석과 출석의원 3분의 2 이상의 찬성) Correct answer.
  3. A unanimous vote of all registered members
  4. Three-fourths of the total registered members

Explanation

Under Article 53(4) of the Constitution, when the President vetoes a bill and returns it to the National Assembly for reconsideration, the Assembly may override the veto if a majority of total members attend and at least two-thirds of the members present vote in favor.

Question 8Korean constitutional and administrative review

Under Article 65 of the Constitution, which of the following public officials is NOT subject to parliamentary impeachment (탄핵소추) by the National Assembly for violation of the Constitution or statutes in the execution of official duties?

  1. The President of the Republic of Korea
  2. Justices of the Constitutional Court and Judges of ordinary courts
  3. Members of the National Assembly (국회의원) Correct answer.
  4. Members of the State Council and heads of Executive Ministries

Explanation

Article 65(1) specifies that the President, Prime Minister, State Council members, heads of ministries, Constitutional Court Justices, judges, National Election Commission members, Board of Audit and Inspection commissioners, and other public officials prescribed by statute may be impeached. Members of the National Assembly are legislators and are subject to internal parliamentary discipline or expulsion under Article 64, not impeachment under Article 65.

Question 9Korean constitutional and administrative review

Under the General Act on Public Administration (행정기본법 Article 12), what are the core elements of the 'principle of protection of legitimate expectations' (신뢰보호의 원칙)?

  1. An administrative agency may arbitrarily revoke any valid permit whenever a new mayor is elected
  2. When a citizen has trusted in the lawfulness or permanence of an administrative agency's disposition or action without fault, such legitimate expectation must be protected unless contrary to grave public interest Correct answer.
  3. Citizens must automatically forfeit all permits if they change their registered residence
  4. Administrative agencies must guarantee commercial profits to all private contractors

Explanation

Article 12 of the General Act on Public Administration codifies the principle of protection of legitimate expectations: where a citizen has formed a legitimate expectation based on an administrative action worthy of protection without fault on their part, the agency shall not harm that expectation unless necessary for an overriding public interest.

Question 10Korean constitutional and administrative review

Under Korean administrative law and the General Act on Public Administration, how is the distinction between a 'null and void administrative disposition' (당연무효인 행정처분) and a 'voidable disposition' (취소할 수 있는 행정처분) determined?

  1. Any minor procedural flaw renders a disposition automatically void ab initio
  2. A disposition is null and void only when the defect is both grave in substance and apparent from an objective perspective (중대하고 명백한 하자); otherwise, it is merely voidable Correct answer.
  3. A disposition is void only if the administrative official was convicted of bribery
  4. There is no legal difference between void and voidable dispositions in Korean jurisprudence

Explanation

Under established Supreme Court jurisprudence (e.g. 94Nu4615) and statutory doctrines, an administrative disposition is null and void (당연무효) only if the defect is both grave (중대성) and apparent on its face (명백성). Defects that are not apparent or grave merely make the disposition voidable (취소사유) with operative legal force until formally annulled.

Question 11Korean constitutional and administrative review

Under Article 2(1) of the State Compensation Act (국가배상법), what are the statutory elements required for the State or a local government to be held liable for damages caused by a public official?

  1. A public official intentionally or negligently inflicted damage on another in violation of statutes in the course of executing official duties (직무를 집행하면서 고의 또는 과실로 법령을 위반하여 타인에게 손해를 입힌 때) Correct answer.
  2. The public official was driving their private personal vehicle on vacation with family
  3. The State must have declared a state of financial surplus in the preceding fiscal year
  4. The affected citizen must be a registered civil servant of Grade 5 or above

Explanation

Article 2(1) of the State Compensation Act provides that when a public official inflicts damage on another person intentionally or negligently in violation of statutes while executing their official duties (공무원이 직무를 집행하면서 고의 또는 과실로 법령을 위반하여 타인에게 손해를 입힌 때), the State or local government shall compensate for the damage.

Question 12Korean constitutional and administrative review

Under Article 5(1) of the State Compensation Act, what is the standard of liability for damages caused by a defect in the construction or management of a public structure (영조물의 설치·관리상의 하자)?

  1. Subjective intentional fault of the highest executive official must be proven
  2. Strict/objective liability based on whether the structure lacked the safety ordinarily required for its designated purpose (공공의 영조물이 통상 갖추어야 할 안전성을 결여한 상태) Correct answer.
  3. Liability arises only if the structure was constructed prior to the year 1950
  4. The State is immune from all liability for roads, bridges, and public river structures

Explanation

Under Article 5(1) of the State Compensation Act and settled case law, liability for defects in public structures is an objective liability (무과실책임에 가까운 객관적 책임) based on whether the facility (such as a highway, bridge, or public river embankment) lacked the degree of safety ordinarily required for its intended use (통상 갖추어야 할 안전성 결여).

Question 13Korean constitutional and administrative review

Under Article 12 of the Administrative Litigation Act (행정소송법), what constitutes 'legal interest' (원고적격 / legal standing) to file a revocation litigation (취소소송)?

  1. Any citizen who feels abstract emotional distress regarding a government policy
  2. A person who has an individualized, direct, and concrete legal interest (개별적·직접적·구체적 이익) protected by the governing legal norms to seek revocation of the disposition Correct answer.
  3. Exclusively individuals who hold an elected public political office
  4. Only persons who have deposited a surety bond of at least KRW 50,000,000 with the court

Explanation

Article 12 of the Administrative Litigation Act provides that revocation litigation may be instituted only by a person who has a legal interest (법률상 이익) to seek the revocation of an administrative disposition. Supreme Court precedent defines this as an individual, direct, and concrete interest recognized and protected by the relevant statutory provisions, as opposed to a mere reflexive or abstract public interest.

Question 14Korean constitutional and administrative review

Under Article 23(1) of the Administrative Litigation Act, what is the default legal effect of filing a revocation lawsuit on the execution or enforcement of the challenged disposition?

  1. Filing a lawsuit automatically suspends the execution and validity of the disposition immediately
  2. The institution of a lawsuit shall not suspend the validity or execution of the disposition (집행부정지의 원칙) Correct answer.
  3. The administrative agency must immediately pay damages to the plaintiff pending trial
  4. The court must immediately issue a summary judgment in favor of the plaintiff

Explanation

Article 23(1) of the Administrative Litigation Act codifies the principle of non-suspension of execution (집행부정지의 원칙): the institution of a lawsuit shall not stay the validity or execution of an administrative disposition or the continuation of its procedure, unless the court grants a formal stay of execution (집행정지) under Article 23(2).

Question 15Korean constitutional and administrative review

Under Article 30 of the Administrative Litigation Act, what is the 'binding force' (기속력) of a final judgment revoking an administrative disposition?

  1. The judgment binds only the judge who authored it and has no effect on government agencies
  2. A final judgment revoking a disposition shall bind the administrative agency concerned and any other related administrative agencies, requiring them to comply with the ratio decidendi (처분청 및 관계 행정청을 기속한다) Correct answer.
  3. The judgment allows the agency to re-issue the exact identical disposition on the same legal and factual grounds immediately
  4. The judgment can be overturned by a simple executive order issued by the mayor

Explanation

Article 30(1) of the Administrative Litigation Act establishes that a final judgment revoking a disposition is legally binding upon the administrative agency that issued the disposition and all related administrative agencies (기속력). Under Article 30(2), if a refusal disposition is revoked, the agency is legally mandated to re-adjudicate the application in accordance with the judgment.

Question 16Korean constitutional and administrative review

Under the Administrative Appeals Act (행정심판법), what distinguishes administrative appeals (행정심판) from judicial administrative litigation (행정소송)?

  1. Administrative appeals are conducted by administrative tribunals (행정심판위원회) and can review both the legality and the appropriateness/unreasonableness (부당성) of a disposition, whereas courts generally review only legality (위법성) Correct answer.
  2. Administrative appeals are adjudicated exclusively by the Supreme Court
  3. Administrative appeals cost 10 times more in filing fees than court litigation
  4. Administrative appeals cannot grant any remedies to citizens

Explanation

Article 1 and Article 4 of the Administrative Appeals Act establish that administrative appeals are internal administrative review procedures conducted by Administrative Appeals Commissions, which have the authority to review not only the strict legality (위법성) of a disposition, but also its appropriateness or reasonableness (부당성). Judicial courts, by contrast, are limited to reviewing legality.

Question 17Korean constitutional and administrative review

Under the Administrative Procedures Act (행정절차법), when an administrative agency intends to issue a disposition that imposes an obligation or restricts the rights of a party, what procedural step is generally required?

  1. The agency may execute the disposition immediately without any advance notification
  2. The agency must give advance notice of the disposition (처분의 사전통지) and provide an opportunity to submit opinions (의견제출) or hold a hearing Correct answer.
  3. The agency must obtain consent from the local neighborhood head (통·이장)
  4. The agency must publish the citizen's personal financial statements on the city website

Explanation

Articles 21 and 22 of the Administrative Procedures Act provide that when an agency intends to impose an obligation on a party or restrict their rights, it must give prior notice specifying the grounds and legal basis (사전통지) and grant an opportunity to submit opinions (의견제출의 기회), hold a public hearing, or conduct a formal hearing (청문).

Question 18Korean constitutional and administrative review

Under the Administrative Execution Act (행정대집행법), which of the following obligations is subject to direct administrative vicarious execution (대집행)?

  1. A strictly personal non-delegable obligation, such as an order to paint a portrait
  2. A substitute non-monetary obligation under public law (대체적 작위의무) that can be performed by another person, such as an order to demolish an illegal structure Correct answer.
  3. A monetary tax delinquency obligation
  4. A purely moral duty to apologize to an estranged relative

Explanation

Under Article 2 of the Administrative Execution Act, administrative vicarious execution (대집행) applies only to non-performance of a substitute affirmative obligation (대체적 작위의무) arising directly from statute or disposition under public law, where the obligation can be executed by a third party (such as demolishing an illegal building).

Question 19Korean constitutional and administrative review

Under the General Act on Public Administration, what is the legal character of 'compelling performance fines' (이행강제금 / enforcement fines)?

  1. A criminal penalty imposed to punish past moral blameworthiness
  2. A recurring administrative indirect coercion measure imposed repeatedly until the obligor fulfills their non-monetary obligation within the specified deadline Correct answer.
  3. A one-time punitive surcharge designed to confiscate illicit commercial profits
  4. An insurance premium collected to finance environmental restoration funds

Explanation

Article 31 of the General Act on Public Administration and Building Act Article 80 recognize enforcement fines (이행강제금) as indirect administrative coercion measures (간접강제수단). Unlike criminal fines that punish past acts, enforcement fines exert psychological pressure to compel future compliance and can be re-imposed periodically until full compliance is achieved.

Question 20Korean constitutional and administrative review

Under Article 10 of the Constitution of the Republic of Korea, what is the significance of the dignity and value of human beings and the right to pursue happiness (인간의 존엄성과 행복추구권)?

  1. It is a purely aspirational political motto without any justiciable normative constitutional force
  2. It serves as the supreme fundamental value and parent right (모권) of the Korean constitutional order, confirming the fundamental state duty to confirm and guarantee fundamental rights Correct answer.
  3. It applies only to foreign diplomats residing in embassy compounds
  4. It can be suspended permanently by a municipal zoning ordinance

Explanation

Article 10 of the Constitution provides that all citizens shall be assured of human worth and dignity and have the right to pursue happiness, and establishes the sacred duty of the State to confirm and guarantee fundamental and inviolable human rights. Constitutional Court precedent recognizes Article 10 as the supreme constitutional guiding principle and parent right.

Question 21Korean constitutional and administrative review

Under Article 13(1) of the Constitution, what is the scope of the prohibition against retroactive legislation (소급입법금지의 원칙)?

  1. No citizen shall be prosecuted for an act which did not constitute a crime under the statute in force at the time of its commission, nor be subjected to double jeopardy Correct answer.
  2. Statutes cannot be amended or repealed once enacted by the National Assembly
  3. Criminal sentences can be increased retroactively by executive decree during wartime
  4. Civil statutes cannot regulate contracts signed after the date of enactment

Explanation

Article 13(1) establishes the constitutional guarantee against ex post facto criminal laws and double jeopardy: no citizen shall be prosecuted for an act which did not constitute a crime under the law in force at the time of its commission, nor shall he/she be placed in double jeopardy (이중처벌금지).

Question 22Korean constitutional and administrative review

Under Article 75 of the Constitution of the Republic of Korea, what is the constitutional requirement for statutory delegation of legislative power to Presidential Decrees (포괄위임입법금지의 원칙)?

  1. The statutory delegation must specifically define the scope of delegated authority (구체적으로 범위를 정하여 위임하여야 한다) Correct answer.
  2. The National Assembly may delegate blanket, unconstrained authority to the President on any subject
  3. Statutory delegation is completely unconstitutional in all circumstances
  4. Delegation is valid only if approved by the Secretary-General of the United Nations

Explanation

Article 75 of the Constitution provides that the President may issue Presidential Decrees concerning matters specifically delegated by statute within the scope defined specifically by law (구체적으로 범위를 정하여 위임받은 사항). Comprehensive or blanket delegations (포괄위임) violate the principle of parliamentary democracy and separation of powers.

Question 23Korean constitutional and administrative review

Under Article 84 of the Constitution, what is the extent of criminal immunity enjoyed by the President of the Republic of Korea during their term in office?

  1. The President is permanently immune from all civil and criminal actions for life
  2. The President shall not be charged with a criminal offense during his or her tenure of office, except in cases of insurrection (내란) or treason (외환의 죄) Correct answer.
  3. The President may be prosecuted for any minor misdemeanor at any time by local police
  4. The President has zero immunity and is treated identically to an ordinary citizen during tenure

Explanation

Article 84 of the Constitution explicitly provides that the President shall not be charged with a criminal offense during their tenure of office, except for insurrection or treason (내란 또는 외환의 죄를 범한 경우를 제외하고는 재직 중 형사상의 소추를 받지 아니한다).

Question 24Korean constitutional and administrative review

Under the Administrative Litigation Act, what is a 'party suit' (당사자소송)?

  1. A lawsuit between private citizens regarding domestic family inheritance disputes
  2. A lawsuit in which one of the parties is an administrative entity, concerning a legal relationship governed by public law (공법상의 법률관계에 관한 소송) rather than an attack on a specific administrative disposition Correct answer.
  3. A criminal trial involving multi-defendant conspiracy charges
  4. A private arbitration conducted at the Korean Commercial Arbitration Board

Explanation

Article 3(2) of the Administrative Litigation Act defines a party suit (당사자소송) as a lawsuit concerning a legal relation governed by public law, where one party to the legal relationship is sued as a defendant (e.g., a claim for payment of a public official's statutory pension or a suit seeking confirmation of public status), as opposed to an appeal suit (항고소송) challenging an administrative disposition.

Question 25Korean constitutional and administrative review

Under Article 28 of the Administrative Litigation Act, what is a 'circumstantial judgment' (사정판결)?

  1. A judgment dismissing a claim because the plaintiff arrived 5 minutes late to court
  2. A judgment where the court recognizes that an administrative disposition is unlawful, but dismisses the plaintiff's revocation claim because revoking the disposition would severely undermine the public welfare (처분이 위법하지만 공공복리에 크게 위배될 때 원고의 청구를 기각하는 판결) Correct answer.
  3. A judgment holding an administrative disposition invalid due to procedural clerical typos
  4. A judgment delivered during a national meteorological emergency

Explanation

Article 28(1) of the Administrative Litigation Act provides that even where the court finds the challenged disposition unlawful, it may dismiss the claim for revocation if it deems that revoking the disposition would run seriously counter to the public welfare (사정판결). The court must declare the illegality of the disposition in the holding and may award damages to the plaintiff.

Question 26Korean constitutional and administrative review

Under the Administrative Procedures Act, what is the legal effect when an administrative agency imposes an administrative sanction without fulfilling mandatory statutory hearing (청문) requirements?

  1. The disposition is completely valid and immune from challenge
  2. The disposition suffers from a grave procedural defect and is unlawful and subject to judicial revocation (절차상 하자로 취소사유가 된다) Correct answer.
  3. The court must automatically fine the affected citizen
  4. The case is referred to the United Nations Human Rights Council

Explanation

Under established Supreme Court jurisprudence, statutory procedural requirements such as holding a hearing (청문) under the Administrative Procedures Act are mandatory due process guarantees. Failure to conduct a required hearing constitutes a serious procedural defect that renders the resulting disposition unlawful and voidable in an administrative revocation lawsuit.

Question 27Korean civil rights, obligations and litigation

Under Article 186 of the Civil Act of South Korea, what is required for the acquisition, loss, or alteration of real rights over immovables resulting from a juridical act to take legal effect?

  1. Mere oral agreement between the seller and buyer in front of two witnesses
  2. Registration thereof in the official real estate register (등기하여야 그 효력이 생긴다) Correct answer.
  3. Physical handover of the property keys without any registration filing
  4. Payment of the municipal property acquisition tax to the local tax office

Explanation

Article 186 of the Civil Act explicitly provides that the acquisition, loss, or alteration of real rights over immovables (부동산에 관한 물권의 득실변경) by a juridical act shall take effect upon registration thereof in the real estate register (등기하여야 그 효력이 생긴다 - formalistic/registration principle / 형식주의).

Question 28Korean civil rights, obligations and litigation

Under Article 187 of the Civil Act, which of the following represents an acquisition of real rights over immovables that takes effect by operation of law WITHOUT requiring registration?

  1. Acquisition of real rights through inheritance (상속), expropriation for public use (공용징수), court judgment (판결), or auction (경매) Correct answer.
  2. A standard commercial sale and purchase contract between two private corporations
  3. A voluntary mortgage granted by a borrower to secure a commercial bank loan
  4. A voluntary exchange agreement of two residential apartment units

Explanation

Article 187 of the Civil Act establishes that the acquisition of real rights over immovables through inheritance, expropriation, judgment (formative judgment / 형성판결), auction, or other provisions of law does not require registration. However, under the proviso of Article 187, the property cannot be disposed of by the owner unless it is first registered.

Question 29Korean civil rights, obligations and litigation

Under Article 245(1) of the Civil Act, what are the statutory requirements for acquiring ownership of real property through acquisitive prescription by possession (점유취득시효)?

  1. Peaceable and open possession with the intention to hold as owner (소유의 의사로 평온, 공연하게) for 20 years, followed by registration thereof Correct answer.
  2. Possession for 5 years without paying any property taxes
  3. Possession for 10 years without requiring any subsequent registration
  4. Renting the property under a written commercial lease for 15 years

Explanation

Article 245(1) of the Civil Act provides that a person who has for 20 years peaceably and openly possessed real property with the intention of holding as owner (소유의 의사로 평온, 공연하게 부동산을 점유하는 자) shall acquire the ownership thereof by registration in the real estate register.

Question 30Korean civil rights, obligations and litigation

Under Article 358 of the Civil Act, what is the scope of a mortgage's legal effect over items attached to the mortgaged real property?

  1. A mortgage extends only to the bare soil and excludes all attachments and fixtures
  2. A mortgage extends to things attached to (부합물) and appurtenances of (종물) the mortgaged immovable, unless otherwise provided by law or agreed in the act of creation Correct answer.
  3. A mortgage automatically transfers all movable personal jewelry located inside the house to the mortgagee
  4. A mortgage terminates immediately if any tree is planted on the land

Explanation

Article 358 of the Civil Act establishes that the effect of a mortgage shall extend to all things attached to (부합물) and all accessory things/appurtenances of (종물) the mortgaged immovable, except as otherwise provided by law or stipulated in the act creating the mortgage.

Question 31Korean civil rights, obligations and litigation

Under Article 357 of the Civil Act, what distinguishes a 'floating sum mortgage' (근저당권) from an ordinary fixed mortgage?

  1. A floating sum mortgage can be created only by state-owned utility enterprises
  2. It secures an unspecified number of claims arising from a continuing relationship up to a predetermined maximum ceiling amount (채권최고액), and does not extinguish even if the balance temporarily reaches zero prior to debt fixation Correct answer.
  3. The mortgagor is personally imprisoned if debt payments are delayed by more than 10 days
  4. It transfers legal title to the mortgagee immediately upon signing without any public foreclosure auction

Explanation

Article 357(1) provides that a mortgage may be created to secure an unspecified number of future claims arising from a continuing transaction relationship, up to a maximum limit (채권최고액). In such a case, the extinction or alteration of claims prior to debt fixation does not affect the validity of the mortgage (independency from debt fluctuation).

Question 32Korean civil rights, obligations and litigation

Under Article 366 of the Civil Act, what are the essential statutory requirements for the creation of 'statutory superficies' (법정지상권) upon mortgage foreclosure?

  1. The land and the building must have belonged to the same owner at the time the mortgage was created, and the ownership of the land and building became separated through a mortgage auction sale Correct answer.
  2. The building owner must have signed a 99-year lease registered at city hall
  3. The land and building must be located within a designated national military zone
  4. The mortgagee must agree in writing to forgive 50% of the underlying loan principal

Explanation

Article 366 of the Civil Act provides that where land and a building on it belong to the same owner, and the land or building comes to belong to a different owner through an auction sale resulting from the execution of a mortgage, the landowner is deemed to have created a superficies (statutory superficies / 법정지상권) for the building owner to prevent arbitrary demolition.

Question 33Korean civil rights, obligations and litigation

Under Article 760 of the Civil Act, what is the nature of the liability of joint tortfeasors (공동불법행위자) toward an injured victim?

  1. Each tortfeasor is liable strictly for an equal numerical fraction of the total damages
  2. Joint tortfeasors are jointly and severally liable (연대하여) to compensate the victim for the entirety of the damages caused Correct answer.
  3. Only the tortfeasor who inflicted the final physical blow is liable
  4. Liability is borne exclusively by the municipal police precinct

Explanation

Article 760(1) of the Civil Act establishes that if two or more persons have caused damage to another by their joint tortious acts, they shall be jointly and severally liable (연대하여 그 손해를 배상할 책임이 있다) to compensate for the damage, enabling the victim to seek 100% recovery from any joint tortfeasor.

Question 34Korean civil rights, obligations and litigation

Under the Product Liability Act (제조물책임법), what standard of liability is imposed on a manufacturer for personal injury or property damage caused by a defect in a manufactured product?

  1. Fault-based liability requiring the victim to prove specific negligence in the factory assembly line
  2. Strict liability for damages caused by manufacturing, design, or warning/instruction defects, regardless of whether the manufacturer was negligent (무과실책임) Correct answer.
  3. Criminal liability with mandatory life imprisonment for corporate directors
  4. The manufacturer is immune from liability if the product met minimum industrial safety standards 20 years ago

Explanation

Under Article 3 of the Product Liability Act, a manufacturer is subject to strict liability (무과실책임) for damages to life, body, or property caused by a defect in a manufactured product (manufacturing defect, design defect, or warning/instruction defect), shifting the burden away from proving traditional negligence.

Question 35Korean civil rights, obligations and litigation

Under Article 3 and Article 3-2 of the Housing Lease Protection Act (주택임대차보호법), how does a residential tenant acquire 'opposability' (대항력) and a 'preferential repayment right' (우선변제권)?

  1. Opposability takes effect on the following day upon taking delivery of the house and moving in (resident registration), while preferential repayment requires opposability plus a certified fixed date (확정일자) on the lease agreement Correct answer.
  2. Opposability requires paying a deposit equal to 100% of the property value
  3. Preferential repayment requires registering a commercial mortgage at the local post office
  4. Both rights take effect only after residing in the dwelling for at least 5 consecutive years

Explanation

Under Article 3(1), taking delivery of the house and moving in with resident registration (전입신고) confers opposability against third parties (such as new owners) starting from the following day (익일). Under Article 3-2(2), obtaining a fixed date (확정일자) on the lease agreement while possessing opposability grants the tenant a preferential repayment right to receive deposit recovery ahead of junior creditors in auction.

Question 36Korean civil rights, obligations and litigation

Under Article 10 of the Commercial Building Lease Protection Act (상가건물임대차보호법), for how long in total may a commercial tenant exercise their statutory 'right to demand contract renewal' (계약갱신요구권)?

  1. Up to 2 years including the initial term
  2. Up to 5 years including the initial term
  3. Up to 10 years including the initial term (최초의 임대차기간을 포함한 전체 임대차기간이 10년을 초과하지 아니하는 범위) Correct answer.
  4. Indefinitely without any time limit whatsoever

Explanation

Under Article 10(2) of the Commercial Building Lease Protection Act (amended in 2018 from 5 to 10 years), a commercial lessee's right to demand contract renewal may be exercised only to the extent that the total lease period, including the initial term, does not exceed 10 years.

Question 37Korean civil rights, obligations and litigation

Under Article 268 of the Civil Act, what is the fundamental rule regarding the partition of co-owned property (공유물분할)?

  1. Co-owners are permanently barred from ever dividing common property
  2. Partition requires unanimous consent of all local municipal councilors
  3. Each co-owner may demand the partition of the co-owned property at any time, unless an agreement not to partition for a period up to 5 years was executed (분할금지특약 5년 한도) Correct answer.
  4. The co-owner with the smallest ownership share is legally entitled to seize all property

Explanation

Article 268(1) of the Civil Act establishes that each co-owner may demand the partition of co-owned property at any time. The parties may execute an agreement not to partition for a period not exceeding 5 years (which can be renewed for up to 5 years).

Question 38Korean civil rights, obligations and litigation

Under Article 249 of the Civil Act, what are the statutory requirements for the 'bona fide acquisition' (선의취득) of ownership over movable property from an unauthorized seller?

  1. A person who peaceably, openly, in good faith, and without negligence takes possession of a movable through a valid transaction with one who possessed it shall acquire ownership immediately Correct answer.
  2. Bona fide acquisition applies equally to real estate and registered vessels
  3. The buyer must hold possession for at least 10 years before title passes
  4. The buyer must register the purchase at the patent office

Explanation

Article 249 of the Civil Act provides that if a person peaceably, openly, in good faith, and without negligence (평온, 공연하게 선의이며 과실없이) takes delivery of a movable by a transaction with someone who possessed it, they acquire ownership thereof immediately, even if the transferor was not the rightful owner.

Question 39Korean civil rights, obligations and litigation

Under Article 681 of the Civil Act, what standard of care is legally required of a mandated person (수임인) in executing the affairs of a mandate contract (위임계약)?

  1. The mandated person is liable only for gross intentional misconduct
  2. The mandated person is strictly liable for any financial losses suffered by the mandator regardless of fault
  3. The mandated person must manage the mandated affairs with the care of a good manager in accordance with the tenor of the mandate (선량한 관리자의 주의의무) Correct answer.
  4. The mandated person is held only to the same care they exercise over their own personal property

Explanation

Article 681 of the Civil Act provides that a mandated person is bound to manage the affairs entrusted to them with the care of a good manager (선량한 관리자의 주의로써 위임사무를 처리하여야 한다 - bonus paterfamilias standard), regardless of whether the mandate is gratuitous or compensated.

Question 40Korean civil rights, obligations and litigation

Under Article 4 and Article 5 of the Commercial Act of South Korea, what distinguishes an 'inherent merchant' (당연상인) from a 'deemed merchant' (의제상인)?

  1. An inherent merchant is a licensed public accountant, whereas a deemed merchant is an unlicensed trader
  2. An inherent merchant pays corporate income taxes, whereas a deemed merchant is entirely exempt from taxes
  3. An inherent merchant engages in fundamental commercial transactions listed in Article 46 as a business in their own name, whereas a deemed merchant operates a business with commercial equipment and store premises or is a company engaged in non-commercial operations Correct answer.
  4. An inherent merchant must have at least 1,000 employees

Explanation

Article 4 of the Commercial Act defines an inherent merchant (당연상인) as a person who engages in commercial acts listed in Article 46 as a business in their own name. Article 5 defines a deemed merchant (의제상인) as a person who operates a business in their own name by maintaining a shop or similar equipment, or a company engaging in agriculture or mining, even if they do not engage in fundamental Article 46 commercial transactions.

Question 41Korean civil rights, obligations and litigation

Under Article 11 of the Commercial Act, what is the scope of authority of a 'commercial manager' / procurator (지배인)?

  1. The commercial manager has comprehensive judicial and extra-judicial authority to do all acts on behalf of the principal in connection with the principal's business (영업에 관한 재판상 또는 재판 외의 모든 행위를 할 권한) Correct answer.
  2. The commercial manager may only sign delivery receipts for office supplies
  3. The commercial manager has no authority to represent the company in civil court litigation
  4. The commercial manager must obtain written board approval for every transaction exceeding KRW 1,000

Explanation

Article 11(1) of the Commercial Act establishes that a commercial manager (지배인) possesses comprehensive statutory authority to perform all judicial and extra-judicial acts (재판상 또는 재판 외의 모든 행위) on behalf of the principal in connection with the principal's business, including filing lawsuits, signing contracts, and borrowing funds.

Question 42Korean civil rights, obligations and litigation

Under Article 64 of the Commercial Act, what is the statutory extinctive prescription period (상사소멸시효) for claims arising from commercial activities, unless a shorter period is provided by other statutes?

  1. 1 year
  2. 3 years
  3. 5 years (5년) Correct answer.
  4. 10 years

Explanation

Article 64 of the Commercial Act provides that a claim arising from a commercial transaction shall extinguish by prescription if not exercised for 5 years (5년간 행사하지 아니하면 소멸시효가 완성한다), ensuring prompt legal stability in commercial commerce.

Question 43Korean civil rights, obligations and litigation

Under Article 368(1) of the Commercial Act, what voting majority is required for an ordinary resolution (보통결의) at a general meeting of shareholders of a stock company (주식회사)?

  1. A simple majority of the votes of the shareholders present, which must represent at least one-fourth of the total issued voting shares (출석한 주주의 의결권의 과반수와 발행주식총수의 4분의 1 이상의 수) Correct answer.
  2. Unanimous approval of all registered shareholders
  3. Two-thirds of all issued shares regardless of attendance
  4. The affirmative vote of the Chief Executive Officer alone

Explanation

Article 368(1) of the Commercial Act establishes that unless otherwise provided by statute or the articles of incorporation, an ordinary resolution of a general meeting of shareholders shall be adopted by a majority of the voting rights of the shareholders present and at least one-fourth of the total number of issued shares.

Question 44Korean civil rights, obligations and litigation

Under Article 376 of the Commercial Act, within what strict statutory deadline must a shareholder, director, or auditor file a lawsuit seeking the revocation of a general meeting of shareholders resolution (주주총회 결의취소의 소)?

  1. Within 2 weeks from the date of the resolution
  2. Within 1 year from the date of the resolution
  3. Within 2 months from the date of the resolution (결의의 날부터 2월 내) Correct answer.
  4. At any time within 5 years without limitation

Explanation

Article 376(1) of the Commercial Act provides that where the convocation procedure or method of resolution of a general meeting is defective or violates statutes or bylaws, a lawsuit for revocation of the resolution must be instituted within two months from the date of the resolution (그 결의의 날부터 2월 내에 소를 제기할 수 있다).

Question 45Korean civil rights, obligations and litigation

Under Article 398 of the Commercial Act, what corporate governance procedure is required when a director or a major shareholder intends to engage in a transaction with the company for their own account or for the account of a third party (이사 등의 자기거래)?

  1. The director may execute the transaction secretly without informing anyone
  2. The director must obtain a formal pardon from the President of the Republic
  3. The director must disclose material facts of the transaction in advance and obtain the approval of the board of directors with a two-thirds majority (이사회에서 해당 거래에 대한 중요사실을 밝히고 이사회의 승인을 받아야 한다) Correct answer.
  4. The company must immediately file for court receivership

Explanation

Article 398 of the Commercial Act mandates that when a director, major shareholder, or related person intends to transact with the company, they must disclose the material facts in advance and obtain the approval of the board of directors (requiring a two-thirds majority of directors). The transaction must also be fair in substance.

Question 46Korean civil rights, obligations and litigation

Under Article 397-2 of the Commercial Act, what is the prohibition against the 'usurpation of corporate opportunities and assets' (회사의 기회 및 자산 유용 금지)?

  1. A director may not exploit a business opportunity of the company that is currently or potentially advantageous to the company for personal gain, without prior board approval by a two-thirds majority Correct answer.
  2. Directors are barred from owning any residential property in South Korea
  3. A director must invest 100% of their private savings in company shares
  4. The company cannot pursue new lines of business outside its historical founding charter

Explanation

Article 397-2(1) of the Commercial Act prohibits directors from using business opportunities that have come to their knowledge in the course of performing duties or that are closely related to the company's current or anticipated business for their own or a third party's benefit, without obtaining prior approval from at least two-thirds of the board of directors.

Question 47Korean civil rights, obligations and litigation

Under Article 527-5 of the Commercial Act, what procedure is mandatory to protect corporate creditors when a stock company executes a merger (합병) or division (분할)?

  1. The company must notify creditors by public notice and individual written notices allowing at least one month for creditors to raise objections (1월 이상의 이의제출기간) Correct answer.
  2. The company must immediately pay off 100% of all debts in cash prior to signing the merger agreement
  3. Creditors forfeit all claims automatically upon the board resolution
  4. The commercial court must take custody of all company inventory

Explanation

Article 527-5(1) of the Commercial Act requires that within two weeks from the shareholder approval of a merger, the company must issue a public notice and individual notices to known creditors to submit objections within a period of not less than one month. If a creditor objects, the company must pay the debt or provide reasonable collateral.

Question 48Korean civil rights, obligations and litigation

Under Article 288 of the Civil Procedure Act, what is the effect of a 'judicial confession' (재판상 자백) made by a party regarding a factual allegation raised by the other party?

  1. The court may completely ignore the confession and order independent police forensic tests
  2. The confessing party must be immediately held in civil contempt of court
  3. No proof is required for the confessed fact, the court is bound to accept the fact as true, and the confessing party cannot freely withdraw it without proving it was contrary to truth and made under a mistake Correct answer.
  4. A judicial confession applies only if notarized in advance

Explanation

Article 288 of the Civil Procedure Act establishes that facts admitted by a party in court (재판상 자백) need not be proved. A judicial confession binds both the court and the parties; the confessing party cannot revoke it unless they prove that the confession was contrary to the truth and was made due to a mistake (진실에 반하고 착오로 인한 것임을 증명한 때).

Question 49Korean civil rights, obligations and litigation

Under Article 216 of the Civil Procedure Act, what is the objective scope of 'res judicata' (기판력의 객관적 범위)?

  1. Res judicata extends to all background factual narratives and obiter dicta mentioned in the reasoning
  2. Res judicata binds only the trial court judge for a period of 6 months
  3. Res judicata possesses binding force only with respect to the matters contained in the formal holding (주문) of the judgment, with a statutory exception for adjudications on set-off claims (상계 항변) Correct answer.
  4. Res judicata applies only to disputes regarding agricultural land boundaries

Explanation

Article 216(1) of the Civil Procedure Act establishes that a final judgment shall possess res judicata only in respect of the matters contained in the formal adjudication (주문 / operative holding). Under Article 216(2), an explicit exception exists for set-off: the adjudication that asserts the validity or invalidity of a claim set off as a defense shall possess res judicata up to the amount pleaded.

Question 50Korean civil rights, obligations and litigation

Under Article 218 of the Civil Procedure Act, to whom does the subjective scope of res judicata (기판력의 주관적 범위) extend?

  1. Only to the lawyers who argued the case in court
  2. To all citizens of the Republic of Korea regardless of participation in the suit
  3. To the parties to the lawsuit, their successors after the conclusion of pleadings (변론종결 후의 승계인), and persons possessing the subject matter of the claim for either of them Correct answer.
  4. Exclusively to corporate commercial banks

Explanation

Article 218(1) of the Civil Procedure Act provides that a final and conclusive judgment shall be effective against the parties, persons who become their successors after the conclusion of oral pleadings (변론종결 뒤의 승계인), and persons who possess the subject matter of the claim on behalf of such persons.