As complex cross-border litigation, arbitration, and international transactions continue to increase in Korea, foreign courts and overseas counsel are frequently required to apply or assess Korean law and the Korean legal system. In such cases, accurate and nuanced interpretation of Korean statutes, judicial precedent, and regulatory practice is essential. IPG Legal regularly works with foreign lawyers and courts to provide expert opinions on matters governed by Korean law. We often appear in court and provide legal opinions worldwide. The Role of Korean Law Expert Opinions in Cross-Border
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U.S. Foreign Corrupt Practice Act Basics for Companies Doing Business in Korea
If you are working for a U.S. company with operations in Korea or for a company headquartered in most other developed economies, you may be subject to anti-corruption laws in both your home jurisdiction and Korea. Violations often occur unintentionally through routine interactions with Korean government officials or quasi-government entities, or even by actions by your agents. To avoid potential criminal liability, civil fines, reputational harm, or harm to your employer doing business in Korea, it is essential to understand what constitutes a “corrupt payment” under the
Continue readingDistribution Agreements in Korea: Crawl Before you Walk
Prior to going into any relationship with a distributor/agent in Korea, please read my post entitled: Finding a Korean Distributor: The Top 10 Things to Know Before Going to Bed with a Distributor in Korea. Please read that post in combination with this post, prior to engaging a distributor in Korea. We see too many Korean distribution and agency agreements that are merely spun U.S. or European agreements. Please have your Korean distribution agreement and all agreements you have in Korea drafted by an experienced and proactive attorney who
Continue readingKorea–U.S. Gyeongju Trade & Security Talks: What Was Negotiated, What’s Binding, and What Companies Should Do Now
The following is a basic summary of the known results of the Korea-US Gyeongju Meeting between the United States and the Republic of Korea. We shall update the reader as more details become available. Korea and the U.S., as is typical at this stage, have a mere framework agreement. Major Outcomes of the U.S. – Korea Trade Discussions Is any of this legally binding? Short answer: Not yet – in a treaty sense. What we have is a leaders’ agreement/framework that still needs to be translated into
Continue readingIPG Legal’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. Sean Hayes The articles in this blog are brought to you by Sean Hayes, retired judges, senior Korean attorneys, and other attorneys/professionals
Continue readingKorea Tightens National Security Reviews of Foreign Investment
The Republic of Korea welcomes foreign direct investment (“FDI”) under the Foreign Investment Promotion Act (FIPA) and historically views inbound investment as critical to economic growth and technological advancement. The Korean government, however, has maintained discretion to limit or condition foreign investments that raise concerns for national security, public order, or that may compete with strategic industries. With the new administration and changes in political realities, the Korean government, via the Korean Ministry of Trade, Industry and Energy (MOTIE), is taking a more active stance in the review
Continue readingCan You Be Extradited to South Korea from a Country with No Extradition Treaty with Korea?
An extradition to Korea or another jurisdiction is possible even from a country that has no extradition treaty with the respective country. The following case is an example of a case in which an extradition occurred between two nations that have not concluded an extradition treaty. IPG Legal is one of the only firms with experience handling extradition cases in Korea and abroad. We consult with and work with lawyers and clients worldwide on extradition cases concerning individuals being extradited to, among other countries, China, Korea, the
Continue readingComplexities of Renunciation and Selection of Korean Citizenship by Dual Nationals
The Seoul Administrative Court ruled that even if the period of stay abroad exceeds two years before and after giving birth to a child, if the purpose of staying abroad was to have the child acquire a foreign nationality, the child may not select Korean Nationality. An article by IPG Legal on renouncing Korean Citizenship may be found at: Renouncing Citizenship in Korea. In December of 2024, the Seoul Administrative Court, ruled in favor of the plaintiff in a lawsuit (2024 guhap 67344) filed by the Plaintiff
Continue readingKorean Supreme Court Rules on Foreign Embassy Land Occupation: Denies Removal and Return Claims but Affirms Right to Compensation
In a recent ruling, the Korean Supreme Court clarified the legal boundaries surrounding foreign diplomatic missions occupying private land in Korea. While it confirmed that the removal of such missions or the return of occupied land cannot be demanded, it stated that compensation for land use may be claimed through litigation. In the case at hand, a Korean company sued Mongolia for the removal of buildings located on land next to the Mongolian Embassy in Yongsan-gu, Seoul. The plaintiff had purchased land in 2015, but discovered that
Continue readingHow to Enforce a Foreign Judgment in Korean Courts?
If you have obtained a favorable judgment from a foreign court (court not in Korea), but the defendant is a Korean individual or company with assets in Korea, it is, typically, essential to enforce the judgment in Korea. This requires localizing the foreign judgment through a process called the “Execution of Judgment” under Korea’s Civil Execution Act: Article 27. For an articleon filing a lawsuit for a debt in Korea see: How Foreign Companies and Individuals can Collect Debts in Korea. In general, to enforce a foreign
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