The following article was published in the Korea Times on December 13, 2007 – we believe because of the present Impeachment issues in Korea, it is worth a repost to The Korean Law Blog. The Korean law and procedure on impeachment remains the same. Sean Hayes, the only non-Korean national lawyer to work for the Constitutional Court of Korea as a government officer wrote the article. He worked on the impeachment of President Roh case while he worked for the Constitutional Court of Korea. Sean Hayes, also, taught
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Korean Court Rules that Search & Seizure was in Violation of the Korean Criminal Procedure Act
In a monumental decision by the Supreme Court of Korea, the Korean Supreme Court overturned and remanded a ten-month sentence for possession of marijuana since investigators serving a search warrant had the participation of, only, a mentally impaired child of the accused violating the “right to participate” in a search and seizure. The accused was indicted on charges of possession of approximately 0.62 grams of marijuana. When investigators conducted a search and seizure at his residence in Seoul, the investigators only allowed the accused’s daughter to participate
Continue readingConstitutional Court of Korea Rules Impeachment Trial Lacking a Quorum can Commence
The Constitutional Court of Korea, a court that I worked for in my early years as a lawyer (first lawyer to work for the Korean court system), ruled that the Impeachment Trial of the chair of the Korea Communications Commission may proceed even though the Court lacks a quorum. This case is a major precedent in the history of the Court. The Chair of the Korea Communications Commission was impeached by the National Assembly of Korea. The Constitutional Court is the final arbiter of impeachment disputes after
Continue readingSupreme Court of Korea Extends Korean Insurance Dependent Coverage to Gay Couple
In the most significant ruling on gay rights in the history of South Korea, the Supreme Court of Korea ruled that same-sex couples qualify for dependent healthcare insurance coverage under the Korean National Health Insurance program. Many in the Korean LGBTQ+ community are considering this a path to legalization of same-sex marriage or recognition of the relationship as a de facto Korean marriage. The decision allows the registration of the same-sex couple for dependent coverage, thus, the dependent does not need to register under an individual plan,
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 readingKorean Constitutional Court Strikes Down North Korean Anti-Pamphlet Law
The Constitutional Court of the Republic of Korea, a court I worked for six years, struck down a law from 2020 that criminalized the spreading of anti-Northern Korean pamphlets into North Korea by balloon and other means. The law imposed a potential penalty of up to three years in jail or a fine of up to KRW 30,000,000 (US$ 22,000). The Court voted 7-2 to invalidate the law, but noted that the Korean government can regulate the sending of pamphlets to the North if it endangers Korean
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.
Continue readingKorea’s First Comprehensive Legal Code: Joseon Sijeong Uigwe
The Joseon Sijeong Uigwe, a 1,893 volume legal code, is a comprehensive set of laws, regulations and rules that were developed during Korea’s Joseon Dynasty. IPG Legal shall be writing more on Korean history over the next couple of months in order to add to the body of knowledge available in the English language. Little information is available in the English language on the history of the Korean legal system. Hopefully, these articles can spark the interest of some readers and make them considering digging more deeply
Continue readingForce Majeure Jurisprudence in the Republic of Korea
Korea has recently been affected by typhoons and severe flooding caused by the heaviest rainfall in centuries. These issues led to the loss of life, property, business and the livelihood of many individuals. Many alleged defaulting/breaching parties to an agreement have claimed Force Majeure as a defense to non-performance of contractual obligations. A Korean court recognized Force Majeure Event offers relief to the alleged defaulting/breaching party, in Korea, if the party fulfils the legal requirements noted below. Force Majeure Defined under Korean Law Force Majeure provides a
Continue readingTop Law Firms in Korea for English-Speaking Clients According to 10 Magazine
We are proud to note that 10 Magazine listed us in an article titled 10 Lawyers in Seoul for English-Speaking Expats in Korea. IPG is listed under the title Large/International Law Firms. Thanks for the mention 10 Magazine. We love your work. IPG Legal and many of our lawyers were listed as top attorneys by numerous legal rating services and magazines. Sean Hayes was, also, rated a top 100 Attorney. To learn more about IPG Legal please check out our website at: IPG Legal. The article by 10
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