Korea’s Immigration Services has increased enforcement/deportation actions against foreigners convicted of crimes. Upon exit from Korea, the Immigration Service has been instructing individuals to report to Immigration with the written judgment and confirmation that the fine (if any) was paid in full. These records may be obtained from the Prosecutor’s Office. We advise reporting to Immigration, only, after an attorney reviews the matter and, potentially, writes a legal opinion to
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.
Preparation for Korean Police & Prosecutor Interrogations & Witness/Defendant Questioning at Korean Courts
All good Korean attorneys prepare all clients for witness questioning & suspect interrogations in Korea. Clients may be subpoenaed to appear in a Korean police office, Korean prosecutors office or to appear as a witness or a criminal defendant in a Korean Court and should be thoroughly prepared by their attorneys. We at IPG, hear of too many issues of lawyers, only, telling clients to “tell the truth and don’t worry.” This
Continue readingNon-Registered Company Director (Executive Director/Senior Managerial Worker) in Korea deemed Employee under Korean Labor & Employment Law
Article 27 of the Labor Standards Act of Korea stipulates that all “employees” must be notified in writing of the reason for dismissal. In most cases, 30-days notice or 30-days pay in lieu of notification is required. Employees may, also, only, be terminated for “fault attributable to the employee” or “urgent managerial necessity.” The burden is on the employer to prove “justifiable grounds for termination.” All good proactive employment lawyers in
Continue readingMotor Vehicle Accidents/Negligence Cases in Korea
Regrettably, many Korean insurance companies, in Korea, are less than generous in offering settlements to unrepresented parties in injuries sustained by car, trucks, taxis and trucks. The various Taxi Associations’ insurance coverages are, particularly, notorious. The Korean insurance companies utilize an internal calculation method that leads to a settlement compensation amount that, often, is laughable at best. The claims adjusters, at Korean insurance companies, are great at getting victims of
Continue readingKorean Arbitration: An Introduction
Korean Arbitration has come a long way since the ratification of the New York Convention in 1973. The Korean Commercial Arbitration Board (KCAB) went from a small organization handling a handful of cases to, now, and organization handling hundred of arbitration cases each year. The number of international arbitrations is, also, on the rise. This article shall give readers the backstory of how Korean arbitration as a dispute mechanism tool
Continue readingChallenging an Arbitrator at the Korean Commercial Arbitration Board
In our last post we discussed, at length, the benefits of arbitration in Korea over litigation in a Korean court. We shall be updating the reader of numerous issues related to arbitration over the next couple of weeks. The following posts concerns challenging of an arbitrator at the Korean Commercial Arbitration Board. Thus, what happens in a situation when you, as a party in a Korean arbitration, feel that the
Continue readingThe Case for Arbitration over Litigation in Korea
Many of you are prospectively weighing the options of executing contracts with and without arbitration clauses in Korean contracts (aka setting yourself up for prospective litigation battles in Korean courts or resolving a dispute in Korea with the help of an arbitration panel). Thus, this article is intended to consider the option of arbitration over litigation in Korea. In most cases, IPG recommends arbitration over litigation for expat companies doing
Continue readingCan a Foreign Company be Deemed a Domestic Company for Tax Purposes and Taxed on Worldwide Income?
If Korea deems a foreign incorporated company a Domestic Corporation, the company shall be taxed on its worldwide income. The relevant law, this determination is made under, is the Corporate Tax Act of Korea (“CTA”). In the typical case, the National Tax Service of Korea designates the foreign-incorporated company a Domestic Corporation and requests details on overseas earnings in order to impose taxes on overseas earnings. Of course this leads,
Continue readingKorean Tax Incentives for 2020: Korean Tax Law Updates
Because of increased tax liabilities of many companies in Korea and because of perceived deteriorating market conditions, the Korean government implemented programs that may assist some SMEs, and larger companies doing business in Korea. Numerous conditions apply for each of these incentive/abatement tax programs below. The following is, only, intended as a basic explanation of the programs that may be available to businesses operating in Korea. Tax Support for Investments
Continue readingKorea’s Virtual Assets/Cryptocurrency Law
For those who may not know, cryptocurrencies/virtual assets (the best known of them, at the moment, is Bitcoin), are digital representations of value that can be digitally traded or transferred. When holders are using these currencies the transaction, in short, the use is via Blockchains (in short, a decentralized databases). South Korea has been at the forefront of the global cryptocurrency boom and its spread has permeated through all levels of
Continue readingAmendment to the Korean Immigration Act Supports Foreign Children in Cases of Child Abuse
In early April 2019 the Chair of the Legislation and Judiciary Committee proposed an Amendment to the Immigration Act of Korea , with the facial purpose of implement more supportive regulations to assist foreign children that are victims of child abuse. Please note, unlike in the United States and some other Western countries, being born in Korea does not, automatically, grant you the right to Korean citizenship. The Amendment shall
Continue readingEmployment Support for Disabled Soldiers in the Line of Duty as per the Amended Korean Act on the Management of Civilian Personnel in the Military Service 2019
The bill on the Amendment to the Korean Act on the Management of Civilian Personnel in the Military Service (hereinafter as “Amendment to the Act on Civilian Personnel in the Military Service” or “Act”) was passed by the Korean National Assembly on March 28, 2019. The Act is intended to improve the financial and work-related recovery of Korean military soldiers, which are disabled by an injury during military service. History
Continue readingFleeing Korea while under Police/Prosecutor Investigation: International Hold in Korea
From changes a couple of years ago in the computer system and policy of the Korean Immigration Services, even if the Korean prosecution/police have not requested that an accused be placed on an International Hold, some records of police investigations, indictments and proposed fines and sentences by the prosecution/police are being reported to the Korean Immigration Service at airports and ports of departure. An International Hold, in Korea, is an
Continue readingIPG’s Sean Hayes Received the Highest Lawyer Rating from AVVO for his Work on International Legal Issues
IPG is proud to announce that Sean Hayes received the highest rating from AVVO. Avvo is an American attorney rating site and information portal. AVVO is one of the largest and most respected attorney rating sites in the United States. Sean, frequently, receives top ratings from legal rating services for his international law work. His law firm was, recently, rated South Korea’s Top Dispute Resolution Law Firm of the Year.
Continue readingKorean Workplace Discrimination Laws
There are numerous Korean labor and employment laws that prohibit employers from discriminating against their employees in a Korean workplace. These Korean workplace discrimination laws are found in a myriad of Korean statutes and regulations. This article on Korea’s discrimination laws shall provide a quick guide as to where employers and employees can locate the basic requirements under law. The major pieces of legislation are the following: the Korean Labor
Continue readingHow to Invest in Korean Free Economic Zones (KFEZs): Korean Market Entry
Korean Free Economic Zones (KFEZs) are specially designated areas designed to improve the business and living environments for foreign firms looking to invest in Korea. In 2003, Korea’s very first KFEZ was launched in Incheon following the passing of the adoption of the “Act on Designation and Management of the Free Economic Zones.” Since then an additional seven have begun operation, bringing the grand total of KFEZs in Korea to
Continue readingSuspending Korean Workers without Pay due to Economic Fallout from the Coronavirus: Korean Employment Law Basics
IPG has numerous client-employers in Korea that are facing serious economic conditions because of the spread of the coronavirus across Korea. In my nearly two decades, in Korea, we have never seen such a dire situation. This situation seems, on its face, even more dire for those in F & B and certain manufacturing sectors than the 1997 Asian Financial Crisis (IMF Crisis). Yes, I was even in Korea during
Continue readingLeading Commercial Arbitration Law Firm in Korea
IPG is one of the leading Korean law firms retained for international arbitration matters by multinational companies in need of efficient, proactive and non-conflicted advocacy in Korea, North America and East Asia. IPG was recently ranked as a top Dispute Resolution Law Firm. We work on complex international commercial arbitration disputes, investor-State arbitration disputes, construction arbitration disputes, and a myriad of other commercial disputes for international companies doing business in
Continue readingIPG Korea Dispute Resolution Law Firm of the Year
IPG’s Korean Office was awarded the distinction as the Korea Dispute Resolution Law Firm of the year by a well-known international business journal in the United Kingdom. The journal is known for producing tailored news and guides for multinational companies doing business in Asia, North America and Europe. IPG is thrilled that, based on feedback from a survey, our frankness, street-smart advice, non-conflicted advocacy and efficiencies created by a cutting-edge
Continue readingKorean Arbitration Basics: Links to Relevant Resources in Korea.
IPG, over the next couple of weeks, shall be updating readers of the The Korean Law Blog on issues concerning arbitration in Korea and against Korean companies. We have posted over a dozen articles to date. We shall be posting more article on arbitration over the next couple of weeks. This present post is simply a few arbitration-related links in Korea. We shall be updating this list when more useful
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