Those abroad or in Korea frequently struggle to comprehend how to safeguard their elderly parents, or family members who are residing in Korea. Don’t fret, a system is in place in Korea to assist families in need. Korean Guardianship Law was revised to meet the growing need for guardians in Korea. For a list of the type of Guardians in Korea please see: The Formalities under the Guardian Law of Korea The need for adult guardianship among seniors residing in
Continue readingCategory: Korea Family Law
The Formalities under the Guardian Law in Korea
Often we assist clients with family member or friends in Korea that are better off under the care of a trustworthy person who can manage their personal and property related responsibilities. Under Korean law, it is possible for a court to appoint a guardian to take care of the best interest of a ward. A “ward” is a person who lacks the capacity, either physically or mentally, to take care of themselves. Thus, courts in Korea can appoint a guardian
Continue readingDivorce in South Korea: Divorce by Agreement & Divorce by Court Order in Korea
A Basic Explanation of the Types of Divorces in Korea. Under Korean law, there are two types of divorces. One is divorce by mutual agreement and the other is divorce by court order. agree to dissolve their marriage amicably. We advise, in all but the most exceptional of matters, to engage a lawyer in Korea to obtain a divorce by court order (judicial divorce) and forgo a divorce by mutual agreement to insure that the divorce is recognized in all
Continue readingKorean Inheritance Tax for Estates in Korea
IPG Legal lawyers handled numerous inheritance and inheritance tax matters over our nearly two decades handling cases for expats, families abroad, domestic families and foreigners with residence in Korea. The Korean Inheritance Tax Deductions Chart and the Korean Inheritance Tax Rate Chart were drafted, since many clients contact us wishing to understand how to calculate inheritance tax and how to save on inheritance tax. The following is, only, meant as a brief guide. We, always, rely on an inhouse accountant
Continue readingCalculating Child Support in Korea
The following Korean Child Support Table is applicable as of March of 2022. The top green line of the table is the amount of earning per month for the mother and the father. The orange line on the left is the age of the child, while the amounts in yellow are the costs per child. To calculate you obligations you calculate the sum owed to the custodial parent by your share of the family income.. For example, if your child
Continue readingKorea Divorce Checklist for Negotiation of a Marital Separation Agreement in Korea
The following Korea divorce checklist may be useful for those negotiating a marital separation agreement in Korea. We highly recommend the utilization of a marital separation agreement, since the normal Korean judgment doesn’t consider some issues that may arise in the future including pension and social security that are addressed in a typical marital separation agreement. In most cases, it is advisable to retain a lawyer to assist with you divorce. The average Korean lawyer that doesn’t handle many divorces
Continue readingImmigration updates for Foreigners In Korea: Expiration of Visas
The Korean Ministry for Justice (MOJ) announced it is relaxing passport restrictions for foreign residents in South Korea. Under the new guidelines from the MOJ, long-term foreign residents shall be allowed to stay in the country after their passport expires. The MOJ announced it was giving foreign nationals in Korea an amnesty period until June 2022. Foreign nationals shall be allowed to stay in Korea for up to 12 months, even if their passport has expired. Once the amnesty period has expired,
Continue readingInternational Child Abduction in Korea: Removing a Child Back to the Country of Residence of the Custodial Parent via the Korean Courts Explained
On March 1, 2013, South Korea adopted and ratified The Hague Convention on the Civil Aspects of International Child Abduction (concluded 25 October 1980). The main goal of the Hague Child Abduction Treaty is to protect children under the age of 16 from being illegally removed or wrongfully retained in a signatory state. The Hague Child Abduction Treaty, in short, empowers courts and government to allow a parent to return an abducted child to the nation the child was abducted
Continue readingUncontested Divorces vs Contested Divorces in South Korea
Divorce in South Korea is governed by Korea’s Civil Code and it is divided into two types. The first one is uncontested divorces which are also known as a “divorce by agreement.” This type of divorce, as the name implies, requires agreement of the husband and wife that they wish to divorce. The second type of Korean divorce is the contested divorce also called as “judicial divorce.” This type of Korean divorce is resorted to by spouses when one spouse
Continue readingChild Support Basics in South Korea
As we’ve mentioned in our previous post “Obtaining Child Support from a Deadbeat Korean Father (Mother)”, for the past few years we noticed a huge increase in children born out-of-wedlock from foreign national mothers and Korean fathers. And because of this incident Korean courts, also, witnessed rising lawsuits seeking child support against Korean fathers. Child Support in KoreaUnder Act on Enforcing and Supporting Child Support Payment or Act No. 12532 as amended by Act No. 13216, the term child support
Continue readingNavigating Korea’s Inheritance Law: Korean Inheritance Laws Basics Explained
Sean C. Hayes and the team at IPG Legal field many inquiries from international clients for assistance with inheritance issues in South Korea. Many clients that we talk with are children of Korean descendants who have passed away without a will. This week we saw another ruling on inheritance issues with the surviving family of K-pop star Goo Hara. After a nine-month battle, the Gwanju Family Court ruled that the inheritance be split, with the singer’s brother getting 60% of
Continue readingChanges to the Korean Immigration System means more Opportunities for Single Parents to Work in Korea
The Korean Times, recently, reported that the Ministry of Justice is looking at changes to the Immigration System to allow single parents to remain in South Korea with their adult children. The proposed changes are significant as it allows the provision for foreign residents to remain in the country provided they meet specific benchmarks for the resident F-2 visa. Migrants who were previously married to a Korean citizen will now be eligible for this visa, in the event of divorce
Continue readingKorean Intestate Succession Law: Inheriting Property from your Korean-National Parents
We assist numerous clients concerning intestate succession issues in Korea. Many of these clients are foreigners who are children of a Korean decedent who passed away without a will. Typically, the clients are in need of an asset scrub and assistance in the transfer of the assets to the name of the client and forwarding of the funds overseas. Please note this present article deals, solely, with Interstate Succession under Korean Law. If your parent was, solely, a national of
Continue readingDoes Korea have Common Law Marriage?: Korean Common Law Marriage (De Facto Marriage) Basics
While the concept of a Korean Common Law Marriage (since Korea has no concept of a Common Law) does not exist, Korea has a similar law than the laws, in the States, often referred to as Common Law marriage. FYI – few U.S. States recognize common law marriage. In Korea, the concept of Common Law Marriage is referred to as De Facto Marriage. In Korea, all “legal marriages” are marriages that are registered at the local town office or recognized
Continue readingMandatory Registration of Long-term Trips Abroad – Korean Registration of Korean Nationals Residing Abroad Act of 2019
The Amendment to the Korean Registration of Korean Nationals Residing Abroad Act (hereinafter as “Amendment to the Registration of Korean Nationals Abroad Act”) shall enter into force at the end of 2019. The Amendments major focus is on collecting more information about Korean nationals staying or residing abroad. For a related update related to Korean Passports, please see: Korean Passports. Key-facts about the Registration of Korean Nationals Residing Abroad Act The Korean Registration of Korean Nationals Residing Abroad Act facial
Continue readingKorean Wills: Korean Estate Law Basics
Like in most jurisdictions, the recognition of a will by a court of law requires precise formalities. We advise that most people have a will. For individuals with wills that shall be governed by Korean Law the formalities are noted below. We have omitted two forms of wills – a will by audio recording and dictation. These types of wills pose issues of authentication of the decadent and we believe it is not advisable – in most cases. Korean Holographic Wills
Continue readingGrounds for Divorce in Korea: Korean Divorce Law Basics
Foreigners may file, in most cases, for divorce in Korea if one party to the divorce resides in Korea or the parties agree to the jurisdiction of the Korean Family Court or local Korean court. Korean does not restrict those under SOFA, diplomats and non-permanent residents from filing for divorce in Korea. However, if the non-filing party to a divorce wishes to stay married, the filing party must prove that his or her hands are cleaner than the non-filing spouse
Continue readingWills, Trusts, Pre-Nuptial Agreements, Living Wills, and Power of Attorneys in Korea
We receive numerous calls requesting the notarization of wills, living wills, general and specific power of attorneys, prenuptial agreements and other like agreements and documents in Korea. These documents are, often, just pulled from the internet. Pulling these documents from the internet is not adequate – in most cases. We, sometimes, notarize these agreements for clients, however, in most cases we refer the client to their local embassy in Seoul, since the embassy stamp has a far less chance of
Continue readingKorean Child Abduction Law Explained
Child Abduction Law in Korea is a developing area of Korean law because of Korea’s Criminal and Family Law’s interaction with the recently ratified Hague Convention on the Civil Aspect of International Child Abduction and recent noted issues that have been covered in the local and international press. Please note this area of law in Korea is developing and Korea’s child abduction jurisprudence is quickly developing and local law is necessary to consider with the interaction between the laws of the jurisdiction
Continue readingKorean Adoption Law Protests at Olympics in Korea
A good broadcast on issues with Korea’s Adoption Law may be found at: Channel 11 News. We, regrettably, have handled litigation against the Korean government on issues related to adoption law. Because of changes to Korea’s adoption law it is much more difficult to adopt children from Korea. The number of abandoned children is on the rise and it doesn’t seem like Korean families shall pick up the slack anytime soon. The broadcast notes, in part, that: “Abandoned at a
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