The February 12, 2026 changes to Korean Immigration Law bring H-2 and F-4 under a unified F-4 framework and have ended the issuance of new H-2 visas. We shall write an article on this in the near future. This article was prompted by a client interested in applying for an F-4 visa. Updated F-4 document checklist The following is a preparation checklist. The final submission requirements depend on whether the applicant is a former Korean citizen or a descendant, and where the application is filed. Current consular
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IPG Legal’s Korean Criminal Defense Team Earns Not Guilty Verdict for Expat Victim of Romance Scam
IPG Legal has secured more than 60 not-guilty verdicts in Korean criminal law cases, including a recent acquittal for a client who was the victim of a catfishing drug-importation scam. For more information on Korean Criminal Law, please see: IPG Legal’s Criminal Law Archive. A Recent Acquittal for a Victim of a Catfishing Drug-Importation Scam IPG Legal recently obtained a not-guilty verdict for a victim of a catfishing scam involving drug importation. We are keeping the client’s identity and identifying circumstances confidential. However, the case raises a
Continue readingGifts as Compensation for Support of Korean Parents Excluded from Legal Reserve of Inheritance in Korea
The Korean Supreme Court has reaffirmed that property gifted as compensation for long-term support or caregiving of a deceased parent may be excluded from special benefits subject to the calculation of the Korean legal reserve of inheritance, to the extent corresponding to such contribution. The ruling is based on the reasoning that since the retroactive effect of a Korean Constitutional Court ruling of unconstitutionality applies to cases pending in court at the time, even if the parties did not file a request for a constitutional review, the
Continue readingRelocation of a Worker Based in Korea for Allegations of Stalking: Korean Employment Law Updates
A Seoul Administrative Court ruled that it is lawful for an employer, even before a stalking charge was adjudicated, to change an employee’s workplace when the employee is identified as the perpetrator of stalking against an alleged victim, provided that a report was filed with the employer. In May 2026, the 3rd Administrative Division of the Seoul Administrative Court ruled in favor of the Employer. Facts Seoul Administrative Court Holding The Employee, in short, argued that: “Taking personnel action on someone with the assumption they are a
Continue readingKorean Supreme Court Clarifies Property Division Method for Unlisted Shares in Korean Divorce Cases
On May 29, 2026, the Supreme Court of Korea issued a landmark decision regarding the division of unlisted shares in a divorce property-division case. The ruling is significant because the Court expressly addressed how courts should approach cases where a large portion of the marital estate consists of founder-held shares in a privately held company. The Court recognized that a cash settlement, commonly referred to in Korean practice as daesang-bunhal or compensatory division, is often the most practical method for dividing unlisted shares. However, the Court made
Continue readingKorean Supreme Court: Use of Lawfully Collected Personal Information in Civil Complaint May Constitute a Justifiable Act under the Personal Information Protection Act
With much uncertainty in requirements of data processors under the Personal Information Protection Act (PIPA), the Supreme Court of Korea held that the use of another person’s lawfully collected name and address in a civil complaint filed against that same person may constitute a justifiable act and therefore may not be punishable under the Personal Information Protection Act, provided that the use remains within the scope necessary to conduct litigation. On May 14, 2026, the Second Criminal Division of the Korean Supreme Court reversed the lower court’s
Continue reading“Earned Income” Definition under Korean Income Tax Act held constitutional by Korean Constitutional Court
The Constitutional Court of Korea ruled a provision of the Korean Income Tax Act defining the scope of benefits included in “earned income” as constitutional. The Court determined that the provision of the Income Tax Act, which defines earned income as “salaries, wages, remuneration, allowances, bonuses, and benefits of a similar nature received by providing labor,” does not violate the principle of clarity in tax requirements. (2024 HunBa 8384 and 2025Hyun100, etc.). Case Summary Decision of the Korean Constitutional Court on the Clarity of Earned Income Definition
Continue readingAmendments to the Korean Labor Standards Act: Break-Time Flexibility and Hourly Annual Leave
Recent amendments to the Korean Labor Standards Act introduce two important changes to the statutory framework governing working hours, rest periods, and annual paid leave. The amendments address long-standing practical issues arising from the rigid application of break-time rules and the absence of an express statutory basis for using annual leave in hourly units. The first amendment explained below permits employees who work exactly four hours to waive the statutory 30-minute break, provided the employee expressly requests to forgo the break. The second amendment, explained below, establishes
Continue readingSeoul High Court Enforces the London Court of International Arbitration Association (LCIA) Award Despite Ambiguities
The Seoul High Court ruled that even if an arbitration award contains ambiguities in its order, Korean courts should enforce it if the award’s details, including the judgment amount, can be determined from its reasoning. Facts The main issue in the case is whether the award’s direction to “reactivate the secured accounts and take all necessary measures” was sufficiently specific to be enforced in Korea. KCC argued that the award did not clearly define the specific acts required and therefore could not serve as the basis for
Continue readingKorean Supreme Court Upholds Right to Tattoo by Non-Medical Professionals
The Korean Supreme Court, in an en banc ruling, held that tattooing performed by non-medical professionals is not an unlicensed medical practice. The Court overturned prior Supreme Court precedents that deemed tattooing an unlicensed medical practice. The Supreme Court of Korea ruled in May 1992 that eyebrow tattooing was an unlicensed medical practice (91do3219). The Supreme Court of Korea ruled in April 2004 (2004do673) that ordinary calligraphy tattooing constitutes a medical act and is punishable as an unlicensed medical act. Facts Issue Whether cosmetic and “calligraphy” tattooing
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