Leery of lousy leases, landlords? Get a lien The Korean Herald , July 4, 2003 By Sean Hayes Dear Sean, I am considering renting an apartment, but the landlord wants a large deposit. Is there any way for me to protect myself against bad landlords that don’t return deposits?- Uneasy in Taejon. Dear Uneasy, there are two main types of residential rental agreements. The most common is Chonse. The Chonse rental system requires a tenant to put approximately 50 percent of the market value of the apartment
Continue readingCategory: Korean Litigation
Enforcement of Foreign Judgments in Korean Courts
The following post appeared in the Korea Times and was entitled Enforcement of U.S., European and other Foreign Court Judgments in Korean Courts. For a more comprehensive article on this issue please see: Execution of Foreign Judgments in Korean Courts and Recognition & Enforcement of Foreign Judgment in Korea. Dear Sean, I have a judgment in a New York court against a Korean importer. I shipped my goods to the company and the company refuses to answer my calls, e-mails, and letters. I sued and won a
Continue readingPreliminary Attachments Encourage Settlements
Preliminary Attachments Encourage Settlements Appeared in the Korea Times on August 23, 2007.by Sean Hayes Dear Attorney Sean Hayes: I shipped items to a Korean retailer and I have not been paid. After the items were shipped, the retailer has been impossible to contact. The retailer will not return my calls, letters or e-mails. How can I get them to pay for the goods? Unpaid in Hong Kong. Dear Unpaid: One of the quickest and most cost effective ways to obtain money owed is to file for
Continue readingForeigner dies as doctors stage protest
Foreigner dies as doctors stage protest An immigrant worker died Wednesday because doctors from across the country staged a protest in Seoul. The 33-year-old Thai man reportedly had been waiting to receive treatment to remove a chicken bone lodged in his throat. The man had collapsed while having lunch at a factory in Gwangju, Gyeonggi Province, according to local police. He was rushed to a nearby medical clinic by his colleagues, but no doctors were available. The worker died while he was being moved to a larger
Continue reading25 instructors booked for fake diplomas
Korea Times March 21, 2007 Police yesterday booked 25 instructors at private institutes in Seoul on charges of forging their college diplomas. The National Police Agency sought an arrest warrant for the director of an institute in Seodaemun-gu, northwestern Seoul, while the rest are being investigated without detention. The 40-year-old director, identified as Lee, is accused of paying 5 million won ($5,300) to a broker in December 2004, and receiving five copies of diplomas from Seoul National University. Police said that since 1999 Lee had fraudulently claimed
Continue readingRight to Publicity Lawsuit in Korea
Stars break new ground in publicity rights case March 20, 2007 Joonang Ilbo Seven South Korean movie stars and their management agency, iHQ, are suing a local movie magazine, Screen, seeking a total of 350 million won ($370,880) in compensation for commercially using the stars’ pictures without their permission, according to the Seoul Central District Court. The movie stars are Jun Ji-hyun, Jung Woo-sung, Kim Sun-a, Zo In-sung, Ji Jin-hee, Cha Tae-hyun and Yang Jin-woo ― leading stars of television and movies, and among the most visible
Continue readingLawsuits Against State to Get Tougher
By Kim Rahn Korea Times Individuals may have a lesser chance of winning lawsuits against the state, following a government measure to improve the quality of its lawyers. The measure came amid an avalanche of suits filed by individual citizens or companies against government agencies and public organizations, according to the Ministry of Justice. The number of suits against the nation climbed from 6,815 in 2000 to 10,027 last year, while money claimed amounted to 3 trillion won. The ministry announced Monday it had abolished a provision
Continue readingThe William Tell of Professors Gives the Court a Johnnie Cochran Like Argument
IF THE RULING DOESN’T SUIT – SHOOT The Sungkyunkwan University professor Kim Myung-ho that William Tell-ed a Judge in mid-January has developed and interesting “if the glove doesn’t fit – acquit” legal strategy for his appeal. The professor is now claiming that he was only acting in self-defense. He claims he is the victim and the judge is the real assailant, since “Wielding the weapon of judicial rulings, the justice system is creating many judicial victims.” So in memory of Cochran “if the glove doesn’t fit acquit”
Continue readingSupreme Court Justice Kim Yong-dam on Judges/Prosecutors and Public Trust
A Joongang Daily editorial on Feb. 27, 2007 entitled Judges, prosecutors seeking to regain public trust summarizes a speech giving by Justice Kim Yong-dam to other judges. The editorial is enlightening to the fact that the legal system is trying to make a concerted effort to change its public image. The nation’s courts have given the impression that they are lenient to the haves but cold-hearted to the have-nots, Kim Yong-dam, a Supreme Court justice, said yesterday. During a lecture to criminal court judges, Mr. Kim urged
Continue readingLegal system hinders class action suits
Korea Herald Feb. 26, 2007 Experts say the burden of proof limits room for shareholders to maneuver Class action suits have mostly been cumbersome, costly and highly risky for shareholders filing complaints in the United States, but their gains clearly deserved such a demanding process. American firms had paid a total of $26 billion to settle collective legal complaints from 1997 to 2005, and each case cost $35 million on average. The record was rewritten as Enron Corp. and WorldCom Inc., which collapsed due to huge accounting
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