The Hague Service Convention, also known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, is an international treaty that provides for the service of judicial and extrajudicial documents between countries. South Korea is a signatory to the Hague Service Convention, which means that documents must be served between South Korea and other signatory countries according to the provisions of the Convention. For another related article please see: Enforcement of Foreign Judgments
Continue readingThe Korean Law Blog by IPG Legal
Updates on Korean Law, Korean Legal System & Law Firms in Korea by Korean and Foreign English-Speaking Lawyers and Business Professionals in Korea. IPG Legal is a Top-Rated Client-Centered International Law Firm.
Korean Electronic Travel Application (K- ETA) Explained
K-ETA (Korea Electronic Travel Authorization) is an online electronic travel authorization for travelers without a visa to Korea that can be obtained prior to entering the Republic of Korea (ROK) for leisure, business, or to visit family (except for profit-making projects). If you are planning to visit South Korea and want to apply for the K-ETA, you can visit the official K-ETA website or its mobile application and submit an application on your own behalf or on behalf of another
Continue readingAn Introduction to IPG Legal’s Immigration Law Practice in Korea
Korean Immigration Law is an evolving area of law in South Korea that often changes with the change of governments. IPG legal many business and individual clients that run afoul or wish not to run afoul of Korea’s Immigration Laws. In worse-case scenarios, you can be deported, have an entry ban imposed, or be sent to a detention center or receive, even, a jail sentence. But, please know, for most individuals pathways exist to secure your visa status legally. IPG
Continue readingAppointment of a Guardian in Korea
Those abroad or in Korea frequently struggle to comprehend how to safeguard their elderly parents, or family members who are residing in Korea. Don’t fret, a system is in place in Korea to assist families in need. Korean Guardianship Law was revised to meet the growing need for guardians in Korea. For a list of the type of Guardians in Korea please see: The Formalities under the Guardian Law of Korea The need for adult guardianship among seniors residing in
Continue readingThe Formalities under the Guardian Law in Korea
Often we assist clients with family member or friends in Korea that are better off under the care of a trustworthy person who can manage their personal and property related responsibilities. Under Korean law, it is possible for a court to appoint a guardian to take care of the best interest of a ward. A “ward” is a person who lacks the capacity, either physically or mentally, to take care of themselves. Thus, courts in Korea can appoint a guardian
Continue readingMergers & Acquisitions in The Korean E-Commerce Market: Opportunities for Foreign Niche E-Commerce Sites
First-generation Korean e-commerce enterprises are currently working to integrate recently acquired businesses and create new business prospects in the fiercely competitive E-commerce market of Korea. Last month, Korea Center, the owner of Enuri.com, the nation’s oldest online shopping mall and Danawa, another local e-commerce business, merged. In order to increase their ability to compete in the market, the two businesses intend to operate their e-commerce platforms independently while eventually building an integrated system forthe analysis of online shopping data. The
Continue readingForce Majeure Jurisprudence in the Republic of Korea
Korea has recently been affected by typhoons and severe flooding caused by the heaviest rainfall in centuries. These issues led to the loss of life, property, business and the livelihood of many individuals. Many alleged defaulting/breaching parties to an agreement have claimed Force Majeure as a defense to non-performance of contractual obligations. A Korean court recognized Force Majeure Event offers relief to the alleged defaulting/breaching party, in Korea, if the party fulfils the legal requirements noted below. Force Majeure Defined
Continue readingCriminal Record Checks in Korea
We assist expats who have lived in Korea with Korean Police Clearance Certificates and Korean Criminal Record Check Certificates. The process to obtain these records, in Korea, is regrettably not so easy in many cases, because of a new Korean Law. Why is a Criminal Record Check needed? A criminal record check in Korea is typically required for some jobs, including teaching positions, as proof that the applicant did not commit any crimes while in Korea. It is also required
Continue readingKorea’s DUI Law Explained by Defense Lawyers in Korea
As many people are already aware, driving under the influence is dangerous and can lead to serious legal consequences in Korea. Korea has one of the world’s most strict DUI Laws. In order, in part, to fight the stigma of Korean having one of the highest road fatality rates in the OECD, the present Korean DUI Law was enacted. The law is intended to warn drivers that they should not drive even if they have one drink. Even one shot
Continue readingDefenses Under Korean Law for Sex-Related Crimes Perpetrated in Korea
In this post we’ll discuss the Defenses in Korea that may be used in the Korean courts against sex-related accusations. A. When the accused acknowledges the allegationsIf the defendant reaches a settlement with a victim, normally, the Defendant shall receive the least serious criminal charge if he voluntarily acknowledges the crime and settles with the alleged victim. The alleged victim of sex-related offences typically has access to a public attorney in order to facilitate a settlement and defend the interests
Continue readingDivorce in South Korea: Divorce by Agreement & Divorce by Court Order in Korea
A Basic Explanation of the Types of Divorces in Korea. Under Korean law, there are two types of divorces. One is divorce by mutual agreement and the other is divorce by court order. agree to dissolve their marriage amicably. We advise, in all but the most exceptional of matters, to engage a lawyer in Korea to obtain a divorce by court order (judicial divorce) and forgo a divorce by mutual agreement to insure that the divorce is recognized in all
Continue readingKorean Small Business Partnerships/Joint Venture Startups
Starting a small business in Korea can be enjoyable and profitable if you get the business on the right track from the start. Too often we see those with “limited funds” (we all have limited funds -even multinationals have limited funds) choosing to forgo having the deals structured by a professional and just downloading a “partnership” agreement off the internet. Avoid the headaches and the costs in the future and structure all right from the start. I have learned from
Continue readingThe Korean Tax Law Reform Proposal of 2022
The Korean Ministry of Economy and Finance plans to submit the following Korean Tax reform proposal to theNational Assembly and seeks approval before the 2nd of September 2022. The Korean Tax Reform Plan consists of changes with an emphasis on three goals of the new administration: Tax Incentives for foreign professionals working in KoreaThe Korean Government intends to extend a 50% cut to income taxes for highly skilled foreign engineers to 10 years from the current criteria of 5 years.
Continue readingOpportunities in the K-Beauty Export/Import Business
The Success of K- Beauty Exports and The Impact on Economy One of the top 10 beauty markets in the world, South Korea is renowned for its inventiveness, gentle ingredients, and attractive packaging. Due to the effects of COVID-19, the market size was projected to be $6.8 billion in 2020, a considerable decrease from the $9.4 billion it was the previous year. The total export of K-beauty products and the balance of trade have improved by about 16% and 14%
Continue readingDeregulation of Korean Cloud Computing and Network Separation in the Korean Financial Sector in South Korea
Deregulation of Cloud Computing and Network Separation in the Financial Sector in Korea explained by lawyers at a leading law firm in Korea. Korean Cloud Computing and Network Separation Rules: Improvements in the Korean Financial Sector. The Korean Financial Services Commission presented its intentions to enhance the rules governing cloud computing and network separation in the Korean financial industry on April 14, 2022. This Korean government plan was created in response to the financial industry’s worries about the challenges associated
Continue readingWhat Constitutes an “Employee” under Korean Law?
Who is an Employee/Worker under Korean Law with the Rights and Protections under Korean Labor Standards Acts and Related Laws & Regulations? The definition of an employee in Korea is a topic that had filled books. The following is a brief introduction to an issue that IPG Legal litigates for foreign employees of Korean companies and for foreign companies doing business in Korea. IPG Legal is the go to law firm for expats and foreign companies doing business in Korea
Continue readingShort of Workers in Korea Deepens Issues in the Korean Construction Industry
The shortage of workers in South Korea’s construction industry is deepening, and it has pushed the industry to request the government to allow in more foreign workers. The industry is now discussing with the government easing regulations on visa rules in order to hire more foreign construction workers to overcome this serious shortage. We hope that the new Korean Administration considers foreigners a necessary and important part of the Korean economy. These proposals from the Korean Construction Industry come as
Continue readingKorean Patent Act Development of 2022
Major revisions to the South Korean Patent Act (KPA) came into effect on April 20, 2022. The period for filing an appeal against a rejection decision in Korea will be extended from 30 days to three months. Under the amended Korean Patent Act (KPA), applicants can save costs by avoiding time extensions that earlier had a narrow time period of 30 days. The time period was extended to three months from the date of receipt of a Notice of Final
Continue readingRenewal Rights/Terms for Commercial Leases in Korea Under Amended Commercial Building Lease Protection Act of Korea
The Korean Commercial Building Lease Protection Act (“CBLP”) came into force on August 13, 2013. The Korean CBLP amendments, mentioned below, will solely come into force for leases entered into after August 13, 2013. The changes will assist those with large deposits from being evicted by a landlord in Korea based on no apparent reasons. Please note a new law has come into effect and we shall be writing on this new law within the next couple of weeks. Please
Continue readingKorean Inheritance Tax for Estates in Korea
IPG Legal lawyers handled numerous inheritance and inheritance tax matters over our nearly two decades handling cases for expats, families abroad, domestic families and foreigners with residence in Korea. The Korean Inheritance Tax Deductions Chart and the Korean Inheritance Tax Rate Chart were drafted, since many clients contact us wishing to understand how to calculate inheritance tax and how to save on inheritance tax. The following is, only, meant as a brief guide. We, always, rely on an inhouse accountant
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