Kwangju Mayor’s Case Not Planned Korea Times 11-14-2005 by Sean Hayes Dear Attorney Hayes: Why did a San Francisco Airport search for over an hour a mayor of a major Korean city? Is this just the U.S. trying to punish Koreans for not permissively following America? If the mayor is treated like this how will an average citizen be treated? From Worried and Angry in Yosu. Dear Worried: According to Kwangju Mayor Park Gwang-tae, on Wednesday morning, the mayor and
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.
Sean Hayes: First expat in Korea’s constitutional court
Article Appeared in the Korea Times in 2003First expat in Korea’s constitutional court2003.04.17 In a homogenous society like Korea, one may suspect the Constitutional Court, one of the nation’s highest constitutional bodies representative of the people, to be homogeneous as well. But when all the members of this exclusive organization gather together, a discrepancy is hard to miss. Meet Sean Hayes. He is the first and only foreigner ever hired by the Court. He is also its youngest member. Sean
Continue readingEnforcement of Foreign Judgments in Korean Courts
The following post appeared in the Korea Times and was entitled Enforcement of U.S., European and other Foreign Court Judgments in Korean Courts. For a more comprehensive article on this issue please see: Execution of Foreign Judgments in Korean Courts. Dear Sean, I have a judgment in a New York court against a Korean importer. I shipped my goods to the company and the company refuses to answer my calls, e-mails, and letters. I sued and won a default judgment
Continue readingPreliminary Attachments Encourage Settlements
Preliminary Attachments Encourage Settlements Appeared in the Korea Times on August 23, 2007.by Sean Hayes Dear Attorney Sean Hayes: I shipped items to a Korean retailer and I have not been paid. After the items were shipped, the retailer has been impossible to contact. The retailer will not return my calls, letters or e-mails. How can I get them to pay for the goods? Unpaid in Hong Kong. Dear Unpaid: One of the quickest and most cost effective ways to
Continue readingForeigners’ Drug Use in Korea
Foreigners’ Drug Use Appeared in Korea Times on September 7, 2007. Dear Professor Sean Hayes: I have been charged with the consumption and possession of drugs. I am being held at a detention center south of Seoul. I was arrested in Itaewon and tested positive for THC (marijuana). My home was searched and they found marijuana in my house. What can I do? I don’t want to serve time in jail. Nervously awaiting my fate (summation of a phone call).
Continue readingSham Marriage in Land of the Free
Sham Marriage in Land of the Free Dear Attorney Sean Hayes: I am a Korean wife of an American contractor who wants to divorce me. I have a conditional permanent residency based on marriage that allows me to stay in the U.S. I am concerned that after divorcing I will lose my permanent residency. Can I get divorced and retain my permanent residency if my husband doesn’t sign a petition to remove the conditions on residency? Concerned in Seoul Dear
Continue readingEx-police chief arrested for alleged cover-up of revenge
Ex-police chief arrested for alleged cover-up of revenge A Seoul court issued an arrest warrant late Thursday for a former Seoul police station chief accused of trying to cover up an alleged assault involving a local tycoon, according to Yonhap News Agency. Jang Hee-gon, the former head of the Namdaemun Police Station in downtown Seoul, is suspected of abusing power and neglecting duty by ordering subordinates to stop an investigation into the case involving Kim Seung-youn, chairman of Hanwha Group.
Continue readingCorporate Downsizing the Korean Way
Corporate Downsizing the Korean Way Appeared in the Korea Times on May 18, 2007Lex Pro Bono Column Dear Professor Sean Hayes, I am working for a company that has notified us that they will layoff around 25 workers. I heard that under the Korean Labor Law an employer cannot dismiss employees without just cause. Is this true and what can I do to protect my job? Worried in Yeouido. Dear Worried, the Korean Labor Law provides some protection from dismissal
Continue readingPoor Education Leads to Poor Lawyers
Appeared in Korea Times on May 3, 2007Lex Pro Bono by Sean Hayes Dear Prof. Hayes: My company and I have run into a few legal difficulties when doing business and residing in Korea. I found that the legal fees are very high and the legal representation was poor. I question the education of many Korean lawyers. How are they educated and what do you need to do to become a lawyer?Foreign Resident of Seoul. Dear Foreign Resident: To become
Continue readingImmigrating to the U.S.
Appeared in the Korea Herald Jan. 31, 2004 Legal Ease Column by Sean Hayes Dear Sean: I’m an American citizen who married a Korean national three years ago. We intend to move to the U.S. this year. What is the most expedient way to navigate the complicated process? Bewildered in Seoul. Dear Bewildered: The process to obtain a “green card” (permanent residency) for your spouse seems to be a daunting one, but with a little patience, a lot of time,
Continue readingHoneymoon Divorce to Guam
Appeared in the Korea Times on April 4, 2007 Honeymoon Divorce to Guam Dear Attorney Sean Hayes: I am a soldier stationed atCamp Kim. I am married and am in need of a divorce. We have no children, no property, and my wife does notwant alimony. I am engaged to a Korean woman and wehave planed to get married this summer. I haveexplored getting a divorce in Korea, but the time,cost, and language is a difficulty. My wife also willnot
Continue readingMiddle school girl gang-raped by classmates: police
Hankyoreh March, 30, 2007 Middle school girl gang-raped by classmates: police Assault underscores need for sex education overhaul, experts say A group of South Korean male middle school students were arrested for allegedly having repeatedly gang-raped a female classmate on school grounds, sending shockwaves across the nation. Regarding the alleged attacks, experts say that teenagers are exposed to pornograghic films and images without receiving proper sex education, and thus do not show sensitivity toward sexual violence. Police said that the
Continue readingCabinet to review constitutional bill
Korea Times March 30, 2007 The Cabinet is expected to deliberate Presidential Roh Moo-hyun’s proposal for a constitutional revision as early as April 10, despite lukewarm responses from the public and political circles. “I think the draft revision could be presented to a Cabinet meeting on April 10,” Chief of Staff Moon Jae-in told reporters yesterday. He added that Roh will introduce the change in the April parliamentary session at the latest. The bill designed to allow for two consecutive
Continue readingForeigner dies as doctors stage protest
Foreigner dies as doctors stage protest An immigrant worker died Wednesday because doctors from across the country staged a protest in Seoul. The 33-year-old Thai man reportedly had been waiting to receive treatment to remove a chicken bone lodged in his throat. The man had collapsed while having lunch at a factory in Gwangju, Gyeonggi Province, according to local police. He was rushed to a nearby medical clinic by his colleagues, but no doctors were available. The worker died while
Continue readingCanadian Ambassador Claims English Teachers not Exploited
An article in the Korea Herald on the March 23rd reports on the Canadian Ambassador’s claims that English teachers are not exploited in Korea, and that a liaison for English teachers is not needed in Korea. The reporter questions whether he has enough experience to really know. Interesting article. English teachers not exploited: envoy To the best of his knowledge, rife exploitation of English teachers by unscrupulous school directors does not exist in Korea, and there does not seem to
Continue reading25 instructors booked for fake diplomas
Korea Times March 21, 2007 Police yesterday booked 25 instructors at private institutes in Seoul on charges of forging their college diplomas. The National Police Agency sought an arrest warrant for the director of an institute in Seodaemun-gu, northwestern Seoul, while the rest are being investigated without detention. The 40-year-old director, identified as Lee, is accused of paying 5 million won ($5,300) to a broker in December 2004, and receiving five copies of diplomas from Seoul National University. Police said
Continue readingKorean Trademark Law Basics: Is Luxury 秀 노래방 a Technical Mark?
This is a post that appeared on IP Law Blog on the “quality” of goods not being something that can be registered as a trademark. Luxury 秀 노래방 We all know the basic principle of trademark law that is applicable in most jurisdictions regardless of whether the jurisdiction has the common law tradition or the civil law tradition, which is that a word or words indicating the quality or quantity of goods (or services) are not registrable as trademark. This
Continue readingConscientious Military Objectors Surpass 12,000
By Park Chung-a Korea Times More than 12,000 people have been imprisoned for refusing mandatory military service over 66 years, according to an association of family members of conscientious objectors. The organization said it estimates that 12,324 conscientious objectors were sentenced to a total of 25,483 years of imprisonment from 1950 until May 31, 2006. The number of those who served twice in prison is 289. The research was done from March to April in 2006 through phone and paper
Continue readingMore Koreans Engage in Sex Trade in US
By Park Chung-a Korea TimesStaff Reporter The number of Korean women engaged in prostitution overseas _ both voluntary or forced _ has been steadily increasing after the government’s crackdown on the domestic sex industry in 2004. According to the U.S. State Department on Monday, based on the law for protecting victims of slave trading, the country provided shelter to 230 foreign victims in 2005 and Koreans accounted for the largest portion at 23.5 percent. Korea was followed by Thailand, Peru
Continue readingKorea Spy Agency increases Spying
By Kim Tae-gyu Staff Reporter The National Intelligence Service (NIS), the country’s spy agency, is wiretapping more and more fixed-line phones and tracking the e-mail messages of Koreans.The Ministry of Information and Communication on Tuesday said the NIS traced a total of 8,440 phones or messages last year, up 4.4 percent from 8,082 in 2005. This contrasts to other law enforcement agencies like prosecutors, police and military agencies, which substantially reduced the interception of telephone conversations. The prosecution spied on
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