In July 2003, a reader in Taejon, Korea, asked Sean Hayes a straightforward question: how can a tenant protect a large rental deposit against a landlord who might refuse to return it? Hayes answered the question in a column for The Korea Herald. That article remains in The Korean Law Blog’s archives, a reminder that the publication’s roots lie in answering questions people actually bring to lawyers. Korean Law Blog. The Korean Law Blog was founded by Hayes and published by IPG Legal. The Korean Law Blog
Continue readingCategory: Korea Family Law
Korean Family Law Articles on The Korean Law Blog by IPG Legal Law Firm
The Korean Law Blog’s family-law coverage covers Korean marriage, divorce, property division, child custody, child support, international child abduction to and from Korea, adoption, and adult guardianship, with particular attention to foreign nationals and families with connections to more than one country. Its related Korean inheritance and estate-planning articles examine how to protect and transfer family assets in Korea and abroad. This collection brings together practical guides, case commentary, legislative developments, and family-law resources, organized by subject for easy reference. Each title links directly to the article
Continue readingConstitutional Court of Korea Upholds Korean Customary Law in Inheritance Dispute
The Constitutional Court of Korea held that an ancient customary law allowing the wife to inherit the property solely when a married eldest son, who is not the head of the household, dies without children or grandchildren does not violate the Constitution. This decision concerns a customary law applied to the inheritance of property by a person who died in 1919. The revised Korean Civil Code abolished this customary law through its enactment and enforcement. In Korea, customary law is considered law enforced in practice without a
Continue readingGifts as Compensation for Support of Korean Parents Excluded from Legal Reserve of Inheritance in Korea
The Korean Supreme Court has reaffirmed that property gifted as compensation for long-term support or caregiving of a deceased parent may be excluded from special benefits subject to the calculation of the Korean legal reserve of inheritance, to the extent corresponding to such contribution. The ruling is based on the reasoning that since the retroactive effect of a Korean Constitutional Court ruling of unconstitutionality applies to cases pending in court at the time, even if the parties did not file a request for a constitutional review, the
Continue readingConstitutional Court of Korea on Gifting of Property to Children who Abandon Parents
The Constitutional Court of Korea ruled that a provision in the Korean Civil Code prohibiting the revocation of a gift of property already transferred, even if a child abandons their duty to support their parents, does not violate the Korean Constitution. The Court also ruled that the provision prohibiting the revocation of a gift after it has been executed on the grounds that the contract was not in writing or that the donor’s financial condition has deteriorated is constitutional. The case stems from a constitutional complaint filed
Continue readingKorean Supreme Court Clarifies Property Division Method for Unlisted Shares in Korean Divorce Cases
On May 29, 2026, the Supreme Court of Korea issued a landmark decision regarding the division of unlisted shares in a divorce property-division case. The ruling is significant because the Court expressly addressed how courts should approach cases where a large portion of the marital estate consists of founder-held shares in a privately held company. The Court recognized that a cash settlement, commonly referred to in Korean practice as daesang-bunhal or compensatory division, is often the most practical method for dividing unlisted shares. However, the Court made
Continue readingKorean Supreme Court Limits Enforceability of Trust Registers Against Third Parties
The Korean Supreme Court, in Decision 2022Da233164 (February 13, 2025), significantly limited the extent to which provisions in Korean trust agreements that were attached to trust registrations may be enforced against third parties. This decision clarifies a long-standing uncertainty in Korean trust law and Korean real estate law. This decision has material implications for trustees, landlords, tenants, and investors dealing with trust-held real property in Korea. Under the Korean Real Estate Registration Act, a trust registration must include a trust register, and in practice, the trust agreement
Continue readingKorean Inheritance Law & Trust Planning Resource Guide by IPG Legal’s Seoul, Korea Office
A Comprehensive Resource on Wills, Forced Heirship, Estate Disputes, and Cross-Border Succession Inheritance law in Korea presents unique challenges that are often underestimated by foreign nationals, overseas Koreans, and international families. Korea’s civil law system imposes mandatory inheritance rules, strict procedural requirements, and one of the most demanding inheritance tax regimes globally. These issues frequently intersect with foreign laws, creating complex cross-border disputes and unintended outcomes that IPG Legal works on for clients. Over many years, The Korean Law Blog has published detailed articles on Korean inheritance
Continue readingIPG Legal Expert Opinions on Korean Law for Foreign Courts and Law Firms
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
Continue readingMarriage Annulments Possible in Korea? Intention of the Marriage Potential Factor in Korean Court’s Annulment Decision
Annulments have been nearly impossible to obtain in Korea when parties have voluntarily married, and the marriage was properly registered. However, Korean courts have recently been willing to entertain colorful arguments in some cases. An annulment in South Korea voids the marriage and, thus, the marriage is invalid from the start. Thus, there is no division of marital property. Recently, a young married couple obtained an annulment in Korea based on some interesting facts. The couple lived together with the sister of the husband prior to marriage. They were
Continue reading
You must be logged in to post a comment.