Korean Forum Non-Conveniens Doctrine under Korea’s Private International Law Act

The main law that governs international jurisdiction over cases in Korean courts is Korea’s Private International Law Act. A major amendment to the Act became law in July 2022. The prior law was criticized for leaving too much discretion to courts and not providing detailed rules regarding the application of international jurisdictional norms to Korean jurisprudence. The prior Korean Private International Law Act contained, only, one Article related to jurisdiction, while the present act contains 35 detailed provisions on international

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Calculation of Overtime Hours for Maximum 52-Hour Workweek Law

A labor dispute leading to an indictment occurred between an employer and an employee concerning the calculation of Korean overtime work. In Korea, an employee is prohibited from working more than 52 hours each week (LSA, Article 53(1)). Thus, only 12 overtime hours are permitted to be worked each week over the normal working week of 40 hours. The dispute concerned the calculation of what constitutes these 12 overtime hours. The employer was indicted for a criminal charge under Article

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IPG Legal Prevails for an American Father in a Korean Child Abduction Case against a Korean Mother

IPG Legal prevailed for an American Father against a Korean Mother who abducted children from America. The American father hired IPG Legal to assist in the return of the children to California via Korean Law and the Hague Convention on the Civil Aspects of Child Abduction. IPG Legal’s team included a retired senior Korean court judge, senior litigators, and internationally experienced attorneys. The Mother hired one of the largest ubiquitous Korean law firms and other Korean law firms to defend

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IPG Legal is one of the Leading Law Firms in Korea in Korean Franchise Law & Korean Distribution Law

We wrote the book (ok the chapter) on Korean Franchising Law in one of the leading guides to franchising in Korea; our attorneys are consistently ranked top attorneys engaged in business in Korea; and we are ranked by rating agencies as a Top 10 Law Firm in Korea. Recently, our Dispute Resolution Team and Arbitration Team won the distinction as Dispute Resolution Law Firm of the Year for our aggressive and non-conflicted advocacy. As noted in the Global Legal Group’s

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Not Paying Korean Statutory Severance to an Employee in Korea is a Crime

Korean Labor & Employment Law has strict and specific rules imposed on employers, running afoul of these rules can place a representative director/sole director or the individual employee responsible for the violation of law to face criminal and civil sanctions. The criminal sanctions can include a sentence of time in prison or large fines. For an article on severance obligations after a merger please see: Korean Statutory Severance Obligations After a Merger in Korea. For example, the Employee Retirement Benefit

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Korean Inheritance Law: Questions & Answers

Korean Family & Inheritance issues, often, concern legal and tax issues of varying jurisdictions. In many cases, the nationality of the decedent (person who passes leaving an estate), residence of the decedent, location of the inherited property, and the nationality and residence of those inheriting the property shall dictate the law and the applicable taxes applied. In most cases, an experienced estate lawyer and tax professional are necessary to assist in avoiding inheritance and family disputes, lessen tax burdens, and

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Korean Tax Incentives for Start-up Businesses in Korea

Our friends at the Korean Tax Blog drafted a post on Korean Start-up Business Tax Incentives. We, at IPG Legal, have written other articles on other incentives, grants, and Korean free trade zones that can be found with a search of this blog, however, we have regrettably neglected many tax incentives. With the increasing cost of doing business in Korea, the Korean government is stepping up and offering incentives for some startup businesses., mature businesses and also businesses wishing to

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IPG Prevails in Lawsuit for American Veteran Shot by a Korean Police Officer

An IPG Legal attorney was quoted by the Korea Times in a case in which a U.S. Army Veteran was recklessly shot by a Korean police officer. IPG Legal prevailed in obtaining a civil damages award and also persuading the Korean Prosecution to indict the police officer responsible for the injuries. For a prior article on this issue please see: American Shot by Korean Police Officer. While not easy, IPG Legal proved it is possible to prevail in a case

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Korean Commercial Arbitration Boards New International Mediation Rules

The Korean Commercial Arbitration Board (“KCAB”) in a move to encourage more international mediation at the KCAB has adopted International Medication Rules. The International Mediation Rules of the KCAB are effective as of January 1, 2024. The KCAB is the, only, statutorily-authorized arbitration board in Korea. For an article on arbitration in Korea, please see Arbitration in Korea at the Korean Commercial Arbitration Board and an Introduction to Korean Arbitration. The International Mediation Rules of the KCAB are a reaction

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Language Supremacy Clauses in Korean Agreements Governed by Korean Law

A language supremacy clause dictates what language governs the interpretation of a contract. Many international contracts are drafted in multiple languages. However, because of the complexity of legal terms, lack of precision in certain languages, the nature of language translation, and other local realities it is best to choose a governing language to avoid the issue of an alleged discrepancy between the Korean and English-language versions of the contract. In most cases, we advise choosing English as the governing language

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