One of the most misunderstood features of the Korean legal system is the frequent overlap between civil liability and criminal exposure. In many jurisdictions, a breach of contract, shareholder dispute, derivative suit, partnership dispute, or failure to pay a debt is addressed strictly through civil litigation. In Korea, however, the same conduct can trigger Korean criminal investigations by the Korean police and Korean prosecution. Why Civil Disputes Become Criminal Cases in Korea The Korean legal system permits criminal liability where conduct underlying a civil dispute implicates intent,
Continue readingThe Korean Law Blog by IPG Legal Law Firm (Seoul, Korea Office)
IPG Legal Law Firm is ranked a top Dispute Resolution Law Firm and one of the top international law firms in Asia. Sean Hayes, one of the Korean Law Blog authors, is rated a Top 100 Lawyer and a top lawyer in numerous legal tier rankings.
Korean Supreme Court Holds Landlord Liable for Renting Out Home After Refusing Lease Renewal
A Korean landlord who refuses to renew a residential lease because they intend to live in the property may owe damages if they later rent it to someone else. Moving in temporarily does not automatically protect the landlord from liability. In a September 10, 2026 decision, Korea’s Supreme Court upheld an award of approximately KRW 30.8 million to a tenant whose landlord rejected renewal on “personal occupancy grounds.” The landlord’s subsequent need to repay other tenants’ deposits did not excuse the decision to rent the apartment out
Continue readingThe History of The Korean Law Blog by IPG Legal
In July 2003, a reader in Taejon, Korea, asked Sean Hayes a straightforward question: how can a tenant protect a large rental deposit against a landlord who might refuse to return it? Hayes answered the question in a column for The Korea Herald. That article remains in The Korean Law Blog’s archives, a reminder that the publication’s roots lie in answering questions people actually bring to lawyers. Korean Law Blog. The Korean Law Blog was founded by Hayes and published by IPG Legal. The Korean Law Blog
Continue readingSeoul Bankruptcy Court to Relocate
The Seoul Bankruptcy Court is moving from the Seoul Court Complex in Seocho-dong to a newer, more modern building, a move welcomed by most in the legal profession. The Seoul Bankruptcy Court will begin operations on October 26, 2026, at the CAMCO Yangjae Tower (262 Gangnam-daero), Dogok-dong, Seoul. It will temporarily relocate to a private building as the construction of the Second Courthouse in Seocho-dong, originally scheduled for completion in 2026, has been postponed to the end of 2031 due to soil contamination issues. The Seoul Bankruptcy
Continue readingSean Hayes of IPG Legal Elevated to Avvo’s Highest Rating: 10 Out of 10
Sean Hayes, a New York attorney and international legal professional at IPG Legal, has achieved Avvo’s highest numerical rating of 10 out of 10. The score sits at the top of Avvo’s “Superb” category and accompanies a career spanning international legal practice, service within Korea’s court system, legal education, and professional publishing. For companies, executives, entrepreneurs, and individuals evaluating legal counsel, the rating provides an additional reference point when considering Hayes’s professional background and experience. What Does a 10/10 Avvo Rating Mean? Avvo evaluates attorneys on a
Continue readingKorean Family Law Articles on The Korean Law Blog by IPG Legal Law Firm
The Korean Law Blog’s family-law coverage covers Korean marriage, divorce, property division, child custody, child support, international child abduction to and from Korea, adoption, and adult guardianship, with particular attention to foreign nationals and families with connections to more than one country. Its related Korean inheritance and estate-planning articles examine how to protect and transfer family assets in Korea and abroad. This collection brings together practical guides, case commentary, legislative developments, and family-law resources, organized by subject for easy reference. Each title links directly to the article
Continue readingAiding and Abetting Fraud in Korea
The Korean Supreme Court ruled that installing computers in a call center operated by a fraud organization does not constitute aiding and abetting fraud. The ruling implies that even if circumstances raised doubts about the legality of the call center business, the court must separately examine whether the individual “knew of” and “aided” the specific fraudulent acts. Thus, mere suspicion that your product or service can be used in a fraud is not adequate to establish fraud. The First Criminal Division of the Supreme Court of Korea
Continue readingConstitutional Court of Korea Upholds Korean Customary Law in Inheritance Dispute
The Constitutional Court of Korea held that an ancient customary law allowing the wife to inherit the property solely when a married eldest son, who is not the head of the household, dies without children or grandchildren does not violate the Constitution. This decision concerns a customary law applied to the inheritance of property by a person who died in 1919. The revised Korean Civil Code abolished this customary law through its enactment and enforcement. In Korea, customary law is considered law enforced in practice without a
Continue readingTerminating an Employee in South Korea: Strategies for a Lawful, Defensible Exit of an Employee under Korean Law
A defensible termination begins before the dismissal letter. Where the Korean Labor Standards Act’s dismissal protections apply, an employer needs justifiable grounds and must follow required procedures. For employees covered by the Korean Labor Standards Act’s dismissal protections, an employer needs legally sufficient grounds and must satisfy applicable procedural requirements. The commercial objective should be a defensible separation, not simply getting the employee out of the building. The following ten strategies provide an employer-side framework under South Korean law. Start with an HR audit. Engage Korean employment
Continue readingShareholder Deadlock in Korea: When a Korean Court Can Dissolve a 50/50 Company
A shareholder deadlock in Korea can lead to court-ordered dissolution when the conflict prevents normal business operations, causes or threatens irreparable harm, and leaves no realistic alternative for protecting the shareholder’s interests. Equal ownership alone, however, does not automatically provide grounds to dissolve a company. On June 26, 2026, the 10th Civil Division of the Suwon High Court, in Case No. 2025Na13796, dismissed a company’s appeal and upheld a judgment ordering its dissolution. The dispute involved two business partners who each owned 50% of the company’s shares
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