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 details provisions on international
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, 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.
Extradition to Korea: Korean Extradition Law Explained by IPG Legal
Korean Extradition Law is based on international treaties, Korean jurisprudence, and Korean statutory law. Korea is a party to 78 extradition treaties, including, treaties with the majority of the European Union, Asia, North America, and the majority of the developed and recently developed world. An IPG Legal attorney is, likely, the only foreign attorney working in Korea who has experience with extradition cases from the United States to Korea. Sean Hayes, recently, handled an extradition case – the details of
Continue readingRenunciation of Korean Nationality Bill Passes the Korean National Assembly
The Korean National Assembly passed, in September of 2022, a bill to clarify and revise the procedures for the renunciation of Korean citizenship. The revised Korean Renunciation of Korean Nationality law shall allow some additional men to not have to serve in the Korean Military. However, a newly inserted clause shall allow nearly unfettered discretion to Korean Immigration Services to determine who may renounce Korean citizenship. Requirements to Renounce Korean Citizenship In order to renounce your Korean citizenship you either
Continue readingCan Foreigners without Marriages Registered in Korea Divorce in Korea?
Expats without a marriage registered in Korea, can, typically, divorce in Korea. If a marriage is registered in a country recognized by the government of the Republic of Korea, the Korean Family Court shall, normally, consider the marriage a valid marriage in Korea. Exceptions exist for marriages against public policy (e.g. plural marriages and marriages with a minor). Additionally, Korea’s Act on Private International Law allows for a divorce in Korea if the family relationship or the dispute leading to
Continue readingDoes Korea have Common Law Marriage?: Korean Common Law Marriage (De Facto Marriage) Basics
While the concept of a Korean Common Law Marriage (since Korea has no concept of a Common Law) does not exist, Korea has a similar law to the laws, in parts of the United States and other common law countries, often referred to as Common Law marriage. FYI – few U.S. States recognize common law marriage. In Korea, the concept of Common Law Marriage is referred to as De Facto Marriage. In Korea, all “legal marriages” are marriages that are
Continue readingApplying for Veteran Disability Benefits from Korea, Japan, and the Philippines
Applying for Veteran Disability Compensation can be a long, stressful and frustrating process especially when you are living abroad. We assist veterans to file for benefits from our offices in Korea and the Philippines for service-disabled veterans residing throughout Southeast Asia and the United States. Veteran Disability Compensation Basics Veteran Administration disability compensation provides a a monthly tax-free payment to all Veterans that were sick or injured while serving in the U.S. military and, also, to Veterans whose service in
Continue readingLiability of Persons who have Lent their Names for Korean Business Transactions
In Korea, the person who is actually the subject of rights and obligations, often differs from the nominee such as the holder of licenses or business registrations. Sometimes those with assets use these nominee/proxies to attempt to avoid liability. As such, under certain conditions, a counterparty to a transaction is protected, under the Korean Commercial Act, by acknowledging the liability of not only the party to the transaction, the name borrower, but also the nominee (name lender). See: Korea’s Real Name Transaction
Continue readingValid and Enforceable Contracts in Korea: Korean Contract Law Basics
In Korea, contracts are agreements that are legally binding and enforceable under the law. They can be created for a wide range of purposes, such as employment, real estate, intellectual property, and commercial transactions. A contract, in Korea, is an agreement between two or more parties to create, modify, or terminate obligations that are legally enforceable. To constitute a legally enforceable contract in Korea, there must be: It is important to highlight that certain contracts in Korea require specific formalities
Continue readingDual-Class Shareholdings in Korea: Korean Corporate Law Updates
Prior to the recent amendment to the Special Measures for the Promotion of Venture Businesses Act, Korea was an outlier in the developed world with regard to Dual-Class Shareholdings. Most developed economies allow Dual- Class Shares for IPOs and for unlisted countries. Korea prohibited Dual-Class Shareholding for both listed and unlisted companies. Korean Commercial Code Art. 369(1) The Korean Commercial Code mandates that a shareholder may, only, receive one vote for each share. This so called “One-Share One-Vote Principle” was
Continue readingAmendment to Korea’s Industrial Accident Compensation Insurance Law
Effective July 1, 2023, the scope of application of the Korean Industrial Accident Compensation Insurance Law was extended to include, also, the protection of those employees in Korea who are not “exclusively” working for a specific employer in Korea. Prior to the amendment, some employees who worked for multiple employees were not covered by the insurance. To extend the insurance benefit for these employees, the law has eliminated the exclusiveness requirement. The law’s amendment was a reflection on online “platform
Continue reading
You must be logged in to post a comment.