The Supreme Court of Korea overturned a lower court’s ruling that the statute of limitations had expired in a lawsuit filed by the families of the alleged victims of the “May 18 Democratization Movement” (May 18, 1980). The full bench of the Korean Supreme Court ruled that courts in Korea should consider the circumstances that made it difficult for the families to file a lawsuit due to past compensation payments and the presumption of settlement clause. For additional articles on the Korean Statute of Limitations, please see: Korean
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IPG 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 readingOverturning of a Finalized Criminal Conviction in Korea
In South Korea, after the finalization of a criminal conviction, overturning or reopening a criminal conviction is limited to specific post-conviction remedies noted below. We at IPG Legal have, regrettably, seen too many cases involving less-than-proactive and diligent representation that led to convictions that merit, at least, a reopening. The following article addresses the primary ways to overturn a criminal conviction in Korea. The major avenues of overturning a final and conclusive criminal conviction judgment in Korea are via: For more articles on Korean Criminal Law, please
Continue readingFree Speech Protection in Korea vs. the United States: How Public Insults Can Be Criminal in Korea and lead to deporation, but Protected Speech in the U.S.
Freedom of expression is constitutionally protected in both South Korea and the United States, but the legal boundaries of protected speech differ sharply. One of the most striking differences lies in how each system treats offensive or degrading speech directed at individuals. A recent decision of the Changwon District Court (October 30, 2024; 2025GoJeong341) highlights this contrast. In that case, verbal remarks protected under the U.S. First Amendment resulted in criminal liability for “insult” under Korean criminal law. For those in Korea on a visa, these types
Continue readingKorean Constitutional Court Upholds Korean Election Law Restrictions on Voting and Political Campaigning by Religious Organizations
On October 23, 2025, the Constitutional Court of Korea delivered an important ruling in Case No. 2024Hun-Ba450, upholding key provisions of the Korean Public Official Election Act (“POEA”) that restrict voting rights and prohibit religiously affiliated campaigning for or against a political candidate or political party. The decision by the Constitutional Court of Korea arose from a constitutional petition filed by Pastor Gwang-hoon JEON of Sarang Jeil Church, who argued that the provisions of the law violated his rights under the Korean Constitution, including his religious liberties
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 readingThe Constitution of the Republic of Korea (As Amended 1987)
PREAMBLE We the people of Korea, proud of a resplendent history and traditions dating from time immemorial, upholding the cause of the Provisional Republic of Korea Government born of the March First Independence Movement of 1919 and the democratic ideals of the April Nineteenth Uprising of 1960 against injustice, having assumed the mission of democratic reform and peaceful unification of our homeland and having determined to consolidate national unity with justice, humanitarianism and brotherly love, and To destroy all social vices and injustice, and To afford equal
Continue readingKorean Constitutional Court Upholds Two-Year License Disqualification for Repeat DUIs in Korea
In a significant decision in Korea addressing the balance between public safety and individual rights, the Constitutional Court of Korea has upheld the constitutionality of a provision in the Korean Road Traffic Act that imposes a two-year license disqualification for individuals convicted of driving under the influence (DUI) two or more times. Please see Defense Attorneys in Korea for an article on hiring a Korean Defense Lawyer, and please see IPG Legal’s Constitutional Law Archive and IPG’s Legal Criminal Law Archive. In June of 2025, the Constitutional
Continue readingProtecting your Brand, Business & Reputation from Defamation in Korea
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 readingSeoul Administrative Court Rules it is Illegal to Not Allow Citizen to Utilize Own Name Spelling in Roman Characters on Korean Passports
The Seoul Administrative Court (2023GuHap83301) ruled that the decision of the Korean Ministry of Foreign Affairs to reject a Korean passport change application because the English spelling of the Korean name on the Korean passport did not conform to the Romanization Rules of the Korean Ministry of Foreign Affairs violated the “right to pursue happiness and right to personality” protected under the Korean Constitution. I worked for the Constitutional Court for six years in my early years as a lawyer, I am happy to see that all
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