Regrettably, many Korean insurance companies, in Korea, are less than generous in offering settlements to unrepresented parties in injuries sustained by car, trucks, taxis and trucks. The various Taxi Associations’ insurance coverages are, particularly, notorious. The Korean insurance companies utilize an internal calculation method that leads to a settlement compensation amount that, often, are laughable at best with claim adjusters, at Korean insurance companies, are great at getting victims of motor vehicle accidents and other accidents, in Korea, to settle matters. Often, the claim adjusters will meet the
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Korean Workplace Discrimination Laws
There are numerous Korean labor and employment laws that prohibit employers from discriminating against their employees in a Korean workplace. These Korean workplace discrimination laws are found in a myriad of Korean statutes and regulations. This article on Korea’s discrimination laws provides a quick guide to where employers and employees can locate the basic requirements under Korean law. The major pieces of legislation are the following: the Korean Labor Standards Act; the Korean Equal Employment Opportunity Act; the Korean Fixed-term Workers Act; and the Act on Prohibition
Continue readingKorean Statute of Limitation in Civil Cases in Korea
The period of the Korean statute of limitations varies based on the type of wrong/breach, the type of parties to the case, and the details of the matter. Failure to file within the applicable period can result in the complete loss of legal rights in Korea, even if the underlying claim is valid. A statute of limitations in Korea (소멸시효) is the legally prescribed period within which a claimant must assert a right through litigation or other legal action. Under the Korean Civil Act (민법) and Korean Commercial
Continue readingKorea’s Cyber Defamation Law: Basics of Libel and Slander Law in Korea
The crime of defamation, in South Korea, is vastly different from defamation laws in many Western countries. Most Western countries have, only, civil liability for defamation and much stricter requirements even for civil liability. In the United States, the alleged defamation (civil) against a person must be a false statement. The truth is a complete defense. Owing to the First Amendment’s protection of free speech (New York Times vs. Sullivan), additional requirements may also apply, such as requiring the statement to have been made maliciously (knowledge that
Continue readingKorean Defamation Law: Supreme Court of Korea Precedence
The Korean Supreme Court defined defamation in Korea in the landmark Supreme Court case 97Da19038 delivered on February 27, 1998. The following is the official court summary of the decision. a. When a media, such as broadcast etc, defames one by presenting fact, the action has no illegality when the alleged fact is related to a public matter, the presentation is intended solely for the public interest, and the alleged fact is proved to be true. In addition, even when the alleged fact is not proved to
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