Happy Korean Thanksgiving from all of us at IPG Legal. We wish you a safe and happy holiday.
Continue readingAuthor: Sean Hayes
Sean Hayes is the first non-Korean employed as a foreign attorney by the Korean Court System (Constitutional Court of Korea) and one of the first non-Koreans to be a full-time regular member of a Korean law faculty. He is rated a Top Attorney by numerous legal rating agencies and is known for his street-smart advice, candor and aggressive & non-conflicted advocacy. Sean has been quoted by The New York Times, The Wall Street Journal, Bloomberg, CNN, Money Today, US Today, The Korea Times, The Korea Herald, France 24, Asia Legal Business and other leading news sources. IPG was, recently, rated a top Dispute Resolution Law Firm and Sean a Top 100 Lawyer for International Law.
Korean Prosecutors & Police Powers under Amended Criminal Procedure Law
One of the most substantial changes in the powers between the Prosecutors’ Office and Police Office was enacted by the Korean National Assembly through amendments to the Korean Criminal Procedure Act and Prosecutors’ Office Act. These Amendments were made to the Criminal Procedure Act of Korea and the Prosecutors’ Office Act of Korea that shall take effect in 2021. The Amendment reduce the power of the Korean Prosecutions to initiate investigations in certain types of cases, while expanding the powers
Continue readingKorea’s Fairness in Subcontracting Transactions Act Amendments of July 2021
The Korean National Assembly passed a bill in July of 2021 that amends the Fairness in Subcontracting Transactions Act (“Subcontracting Act”). The Act makes major changes with regard to discovery in litigation and aims to protect the intellectual property/confidential data/technical data (“Technical Data”) of subcontractors from poaching by prime contractors. For another article on Korea’s Subcontracting Act please see: Fair Transactions in Subcontracting Act of Korea: So Buyer Beware or Simply Avoid the Risk and Buy the Seller. 2021 Amendments
Continue readingIPG Legal Thwarts the Korean Government’s Attempt to Extradite an American Former Service Member to South Korea
IPG Legal won a release for an American national in an extradition case pending in a U.S. Federal Court by obtaining the Re-Opening of a Finalized Judgment in Korea and obtaining the release of the American national on bail. The American Defendant was held in a jail in America for over seven months until retention of IPG Legal and Hayes & Simon, P.C. in New York City. Sean Hayes argued for the Defendant in a U.S. Federal Court in the United
Continue readingProposed Korean Law Aims to Break In-App Purchase Monopolies of Apple and Google
In an article that appeared in The Register, it was reported that legislators in Korea are proposing a law that aims to break the monopolies of App Stores such as Google and Apple. In-app purchase (IAP) is defined by Real Simple as “any fee (beyond the initial cost of downloading the app, if there is one) an app may ask for.” Currently Google and Apple require their app developers to use their in-app payment services when someone wishes to make
Continue readingHow Foreign Companies and Individuals can Collect Debts from Debtors in South Korea?
Many foreigners, both companies and individuals, seek our advice on how they can effectively collect debts from debtors with assets, businesses and/or residences in Korea. The following article details the major means of collecting on a debt in Korea. Collecting a Debt in South Korea from a Korean Debtor Hire an Experienced English-Speaking Korean Law FirmIt is crucial that you hire a Korean law firm with experience in collecting on debts for non-Korean or foreign-capital invested companies. Not all lawyers
Continue readingInternational Child Abduction in Korea: Removing a Child Back to the Country of Residence of the Custodial Parent via the Korean Courts Explained
On March 1, 2013, South Korea adopted and ratified The Hague Convention on the Civil Aspects of International Child Abduction (concluded 25 October 1980). The main goal of the Hague Child Abduction Treaty is to protect children under the age of 16 from being illegally removed or wrongfully retained in a signatory state. The Hague Child Abduction Treaty, in short, empowers courts and government to allow a parent to return an abducted child to the nation the child was abducted
Continue readingHow to Appeal a Korean Deportation Order or Exit Order?
If you are issued a deportation order or exit order by the Korean Immigration Service, you still have avenues to reverse this deportation order or exit order. The main thing you need to, immediately, do is contact an experienced lawyer and get the lawyer all information asked for by the lawyer as soon as possible. A foreign national may challenge an Deportation Order or exit order of Korean Immigration Service by two ways. First is through Administrative Appeal and second is
Continue readingDefamation on the Internet is a Criminal Offense in Korea
“Think before you click” is a social media campaign in Korea. Please note the truth is not an absolute defense to defamation in Korea. Additionally, defamation can lead to civil and criminal liability. The following article details Defamation Crimes and potential penalties. If you are interested to read more about defamation, please read our other articles at: Defamation on Trial and Definition of Defamation in Korea. The two primary laws that punish the crime of defamation committed orally, by means
Continue readingWhistleblower Protections in Korea Expanded through revised Whistleblower Protection Act
Korea’s Whistleblower Protection Act is, often, criticized for having a too limited scope, since it narrowly covered specific iterated Korean government statutes. Thus, many in Korea have pushed for an expansion of the law to cover a more broad range of Korean laws. With this reality in mind, the Korean Whistleblower Protection Act was expanded to cover 467 statutes up from the prior 284 statutes. The amendment was effective since November of 2020. This Amendment led to many Korean government
Continue readingKorea has 4th Highest Number of International Patent Applications in the World
The Korean Intellectual Property Office made an announcement that South Korea has surpassed Germany and became the number four country in the world in international patent application to the World Intellectual Property Organization (WIPO). The first spot is taken by China, followed by U.S. and Japan for the second place and third place respectively. Last year, also, saw another record-breaking milestone as South Korea exceeded the 20,000 mark for the first time and submitted 20,060 international patent applications for 2020.
Continue readingKorean Tax Law Amendments for Individuals for 2021
The Korean National Assembly passed a proposal by the Ministry of Economy & Finance and the Ministry of Interior & Safety related to Taxation of Businesses and Individuals in December of 2020. The Amendments shall take effect in 2021. The following is a summary of the major amendments to Korea’s Tax Code and regulations related to individuals in 2021. For an article on Taxation for Corporations please see: Korean Corporate Tax Law Amendments for 2021. 1. Amendment to Administrative Fines
Continue readingOnline Immigration Visit Reservation System to be Implemented in All Immigration Offices starting April 1, 2021
On March 8, 2021, Minister Park Beom Kye of the Ministry of Justice made an announcement that the online visit reservation system shall be implemented in all Immigration Offices starting April 1, 2021. We believe this system shall expedite the visa processing system. According to the Ministry of Justice, this system shall not, only, reduce long lines and waiting time of visitors, it will also ensure proper social distancing in compliance with COVID-19 regulations. The online visit reservation system shall
Continue readingMinimum Wage Increased in South Korea for 2021: Employment Law Update
The Ministry of Employment and Labor of South Korea has increased the minimum hourly wage by 1.5% for 2021 to KRW 8,720.00 compared to the 2020 minimum hourly wage of KRW 8,590.00. This new minimum hourly wage took effect on January 01, 2021. Moreover, in accordance with the hourly wage increase, the new minimum monthly wage, based on 209 working hours per month, will now be KRW 1,822,480.00 per month. The new minimum hourly wage also applies to both local
Continue readingUncontested Divorce vs Contested Divorce in South Korea
Divorce in South Korea is governed by Korea’s Civil Code and it is divided into two types. The first one is uncontested divorces which are also known as a “divorce by agreement.” This type of divorce, as the name implies, requires agreement of the husband and wife that they wish to divorce. The second type of divorce is the contested divorce also called as “judicial divorce.” This type of divorce is resorted to by spouses when one spouse asserts the
Continue readingWrongful Termination in South Korea
South Korea is not an “at-will” employment country which means that employer may not dismiss an employee for any reason nor without warning or notice. And under the Labor Standard Act, an employer who has five or more employees may not dismiss or suspend from work any of its employee without justifiable cause. And even with the presence of justifiable cause for dismissal, the employer is still required to give a minimum of 30 days advance notice to the employee
Continue readingWhat Do You Need To Know About Severance Pay in South Korea?
Severance pay (retirement pay) is the compensation that an employee is entitled to receive from his employer once the employment has ended. And under Employee Retirement Benefit Security Act, a regular full-time employee in South Korea shall receive a severance pay within 14 days from termination of employment. The amount of severance pay is equal to employee’s one month salary for every year of consecutive service. For similar articles, you may read: Statutory Severance Obligations in Korea after Acquisition of
Continue readingWhistleblower Protections and Laws in South Korea
South Korea has various legislations that protect and give rewards to whistleblowers: Act on the Prevention of Corruption, Tax Whistleblower Reward Program, and Act on the Protection of Public Interest Whistleblowers. But for this article, we are going to focus on Act on the Protection of Public Interest Whistleblowers (“Act”) which took effect on September 30, 2011. The main purpose of this Act is to make sure that whistleblowers who are reporting public interest violations either in private sector or
Continue readingNew Korean Corruption Investigative Unit Established to Investigate High-Ranking Public Officials in Korea
Korean established a new investigative unit with the independent power to investigate High-Ranking Public Officials, family members of High-Ranking Public Officials and those associated in alleged crimes with High-Ranking Public Officials. This office shall be called the Corruption Investigation Office (“CIO”) for High-Ranking Public Officials. This independent investigative agency’s scope of power includes the investigation of the President of Korea, members of the Korean National Assembly, prosecutors, judges, senior public officials (Rank of Grade III or higher) and some senior
Continue readingSouth Korea to Impose Taxes on Cryptocurrency in 2022
The Ministry of Economy and Finance confirmed that on the 1st of January 2022, profit from cryptocurrencies shall be subject to a 20% tax. And gifts and inheritance in the form of cryptocurrencies shall be taxed by the same rate of 20%. Exempted from Cryptocurrency Tax Any profit, gift and/or inheritance worth 2.5 million won and below will be exempted from the cryptocurrency tax. And only the profit, gift or inheritance in excess of 2.5 million won will be covered
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