Alimony is a familiar concept in many Western jurisdictions; however, in Korea, alimony, as known in the West, is not recognized under the Korean Civil Act. Instead, Korean family courts address financial fairness and support issues primarily through property division, compensation for mental distress (위자료), or, in exceptional cases, limited post-divorce spousal maintenance. For additional articles on Korean Divorce and Family Law, please see: IPG Legal’s Divorce Law Archive & IPG Legal’s Family & Divorce Law Team. The Legal Framework for Spousal Support in Korea Korean family
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Children in Korea Can Claim Back Child Support from Biological Fathers Even After Adulthood: Holding by the Korean Supreme Court
In a landmark decision on Korean Family Law handed down by the Korean Supreme Court, the Court ruled that a child born out of wedlock with a mother who agreed not to seek child support from the father can still obtain back child support from the biological father for the period when the child was a minor. The Korean Supreme Court reaffirmed the view that parental responsibility is rooted in the parent-child relationship, rather than in marital or legal agreements between the child’s parents. Korean Family Law
Continue readingInheritance Asset Checks for Heirs of a Korean Estate
When a person with Korean nationality or assets in Korea passes away, heirs (both Korean and foreign) often face significant challenges in identifying, verifying, and properly accounting for all the deceased’s assets (and liabilities). A thorough “asset check” is an essential first step. For an article on the basics of Korean Inheritance Law, please see: Korean Inheritance Law Q& A. Inheritance Asset Checks in Korea An inheritance asset check in Korea is the process by which heirs (or their representatives) identify and verify all of the decedent’s
Continue readingKorean Pension Division in Divorces under Korean Law
Divorce in Korea raises complex legal questions regarding the division of real property, movable property, pensions, and retirement benefits. A recent decision by the Korean Constitutional Court has invalidated a pension-splitting formula under the Korean National Pension Act, ruling that this Korean law infringes on property rights. This landmark ruling by the Korean Constitutional Court has led to calls for legislative reform. For additional articles on Korean Divorce Law, please see: IPG Legal’s Divorce & Family Law Archive. The author of this article is the first non-Korean attorney to
Continue readingKorean Adult Guardianship a Tool in Resolving Corporate Management Disputes in Korea
IPG Legal is one of the leading Korean law firms assisting families residing globally in Korean Adult Guardianship, Korean Inheritance, Korean Estate Planning, and Korean Inheritance Tax Matters. Increasingly, the Korean Guardianship System is being utilized to resolve complex and contentious corporate management disputes. Adult Guardianship as a Tool to Resolve Korean Company Management Disputes Adult guardianship in Korea was typically associated with protecting individuals who cannot make decisions for themselves due to mental or physical incapacity. Today, lawyers in Korea are strategically utilizing adult guardianship as
Continue readingKorean Inheritance Law and Cross-Border Estate Planning under Korean Law: A Comprehensive Guide
Korean inheritance law is complex and ever-changing, particularly when family and estate matters cross international borders. Issues of jurisdiction, nationality, residence, asset location, and inheritance taxation often overlap. The nationality of the decedent, the residence of both the decedent and the heirs, and the situs of assets may each affect the applicable inheritance law and tax treatment. For more information on Korean inheritance law, please see: IPG Legal’s Inheritance & Estate Law Archive. For this reason, retaining an experienced Korean inheritance lawyer and a proactive tax professional is
Continue readingSouth Korea Ratifies the Hague Adoption Convention
On October 1, 2025, South Korea will become a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“Hague Adoption Convention”). This historic development represents one of the most significant reforms in Korean family law and adoption law in decades, signaling a move toward stronger oversight, transparency, and accountability in the adoption process. We will update the reader as more information becomes available regarding the implementation of the Hague Adoption Convention. For more information on Korean Adoptions, please see: IPG
Continue readingCriminal Punishment under Korean Law for Child Abduction by a Non-Custodial Parent
We see too many Korean lawyers not proactively utilizing every tool legally available to regain physical custody of a child abducted by a parent to Korea, thus leading to delay and often negative results. In most cases, a helpful tool is to file a Hague Return Request and/or a Family Court case along with a criminal complaint against the abducting parent. IPG Legal is one of the most experienced law firms handling international child abduction issues and international family law issues for international families in Korea. The
Continue readingKorean Prenuptial Agreements for International Couples and Individuals with Assets in Korea and/or Abroad
We advise international couples with ties to Korea who are considering marriage to consider a Korean-legal prenuptial agreement that is enforceable in both Korea and abroad. Many misunderstandings are prevalent online (even from Korean law firms) on the usefulness of prenuptial agreements in Korean divorce proceedings. The reality is that even if all clauses in a prenuptial agreement are not enforceable in Korean courts, the fact remains that Korean courts, at least, consider these agreements as “reference” documents that can assist in understanding the parties’ intentions and,
Continue readingHow to be a Legal Guardian of an Adult in Korea? Korean Guardianship Law Explained by IPG Legal
As Korea’s population ages, Korean guardianship law has become increasingly important, especially for families dealing with family members with dementia and other physical and cognitive impairments. Adult Guardianship in Korea, in short, is designed to protect vulnerable adults from harm and ensure their basic needs are met, while protecting assets from the less-than-scrupulous. Korean courts, in most cases, try to provide the least restrictive form of support and protection; thus, the guardian’s powers are typically tailored to the ward’s particular needs. Foreigners with elderly Korean spouses, children
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