We, at IPG Legal, have clients with the need to defend their brands, business, and reputation in Korea from sometimes less than mentally stable individuals, trolls, and social media “warriors.” In some cases, the defaming party resides or resided in Korea and the defamatory information is decimated in non-Korean media channels and in others the defaming party is a Korean national engaged in defamation outside of the Republic of Korea (Korean law applies to Korean nationals, in most cases, for actions gloablly). We have, also, defended a
Continue readingCategory: Korean Civil Law
Korea’s Statutory Inheritance Reserve Deemed Partially Unconstitutional by Constitutional Court of Korea
The Korean Reserved Portion of Inheritance (유류분) in the Korean Civil Act is a system that guarantees heirs a minimum share of the estate, regardless of the wishes of the deceased in a will(hereinafter “the decedent”). In a recent ruling, the Korean Constitutional Court ruled that while the reserved portion of inheritance system itself does not violate the Korean Constitution, it declared the system is unconstitutional in part. Korea’s Reserved Portion of Inheritance is comparable to a Spousal Share (also called forced, elective, or statutory share of inheritance
Continue readingKorean Forum Non-Conveniens Doctrine under Korea’s Private International Law Act
The main law that governs international jurisdiction over cases in Korean courts is Korea’s Private International Law Act. A major amendment to the Act became law in July 2022. The prior law was criticized for leaving too much discretion to courts and not providing detailed rules regarding the application of international jurisdictional norms to Korean jurisprudence. The prior Korean Private International Law Act contained, only, one Article related to jurisdiction, while the present act contains 35 detailed provisions on international jurisdiction. One of the major revisions is
Continue readingIPG Prevails in Lawsuit for American Veteran Shot by a Korean Police Officer
An IPG Legal attorney was quoted by the Korea Times in a case in which a U.S. Army Veteran was recklessly shot by a Korean police officer. IPG Legal prevailed in obtaining a civil damages award and also persuading the Korean Prosecution to indict the police officer responsible for the injuries. For a prior article on this issue please see: American Shot by Korean Police Officer. While not easy, IPG Legal proved it is possible to prevail in a case against the Korean government for monetary damages.
Continue readingTop 100 Korean Lawyers & Legal Consultants in Korea
Sean Hayes, an attorney for the Top Korean Dispute Resolution Law Firm of the Year was rated by LawAsia, one of the leading peer-reviewed publications in Asia, as a Top 100 Lawyer in Korea. Sean Hayes is one of the only non-Korean attorneys on this Korean Lawyer “A-list” and the only non-Korean that was on the list each year the list was published. Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first
Continue readingLiability of Persons who have Lent their Names for Korean Business Transactions
In Korea, the person who is actually the subject of rights and obligations, often differs from the nominee such as the holder of licenses or business registrations. Sometimes those with assets use these nominee/proxies to attempt to avoid liability. As such, under certain conditions, a counterparty to a transaction is protected, under the Korean Commercial Act, by acknowledging the liability of not only the party to the transaction, the name borrower, but also the nominee (name lender). See: Korea’s Real Name Transaction Act Strengthened for additional details on nominee
Continue readingKorean Cargo Claims under Korean Maritime Law
If you’ve ever wondered how to bring cargo claims under the Maritime Law/Shipping Law in Korea when South Korea is not a signatory to any international conventions governing the shipping of goods by sea, such as the Hague-Visby, Hamburg, or Rotterdam conventions, continue reading to find out. For information on arresting a ship in Korea please see: Arrest/Attachment of Ships at Korean Ports: Maritime Liens in Korea. And for an article on releasing an arrested ship please see: Releasing an Arrested Ship in Korea. It is true
Continue readingService of Process of Legal Documents in Korea explained by the Korean Supreme Court
The Korean Supreme Court has recently rendered a judgment highlighting the requirements for Korean courts to accept the service of legal documents, in Korea. In a case involving a dispute over the existence of a right of easement, the Supreme Court of Korea declared that merely listing an address in appeal documents is not sufficient if there is no possibility of receiving the legal documents at that location. This decision has far-reaching implications for those wishing to serve documents on a person or company in Korea. For
Continue readingRight Against Self-Incrimination in Korea
In a Korean trial known as the “Namsan 300 Million Won Case,” two prominent figures, former Shinhan Bank Chairman Shin Sang-hoon and former Shinhan Bank President Lee Baek-soon of Shinhan Financial Group, were acquitted on charges of perjury. The judgment has sparked controversy and raised important questions about the status of witnesses when they themselves are criminal defendants in a case in Korea. Shinhan Bank is one of the largest banks in Korea. Background of the “Namsan 300 Million Won Case” The case revolves around allegations that
Continue readingIntroduction to the History of the Korean Legal System
The legal system of the Republic of Korea developed over 1000s of years. In the early years of Korean history, the legal system of Korea was based, nearly entirely, on the principles of Confucianism, which emphasized the importance of moral principles, hierarchy, the power of the king, and social order. Confucianism still plays a role in Korean society and the legal system to this day. Three Kingdoms Period (57 BC to c. 668 AD) During the Three Kingdoms Period of Korean history (c. 57 BC to c.
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