Immigration 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,

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International 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

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Uncontested Divorce vs Contested Divorce 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 divorce is the contested divorce also called as “judicial divorce.” This type of divorce is resorted to by spouses when one spouse asserts the

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Child 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 court also witnesses rising lawsuits seeking child support against Korean fathers. Under Act on Enforcing and Supporting Child Support Payment or Act No. 12532 as amended by Act No. 13216, the term child support is defined as

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Navigating 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

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Changes 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

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Korean 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

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Does 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

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Mandatory 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

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Korean 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

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Grounds 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

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Wills, 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

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Korean 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

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Korean 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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Renouncing an Estate/Inheritance under Korean Law

A typical matter of a party renouncing an estate in Korea commences when a family member in Korea requests the waiver/disclaimer of the right to a Korean inheritance.  Sometimes the waiver is for a valid reason and sometimes the Korean-based family does not have a legitimate reason for the waiver other than self-interest. A, typical, situation involves an estate of a Korean national decadent with non-Korean family abroad.  The estate, often, includes assets in Korea and sometimes abroad. The Korean-based

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Korean Inheritance Law: Who Inherits What, When & How in Korea?

If a decedent, governed by Korea’s Inheritance Law, dies without a will (intestate succession) the estate of decedent shall pass according to Korea’s Intestate Succession Law.  The key points of Korean Intestate Succession Law and Korean Inheritance Law is noted below.  We deal with many cases, at our law firm in Korea, where a Korean family member requests a U.S. or European family member to disclaim an inheritance.  Normally, a form is provided to the foreign family member.  We suggest

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English-speaking Korean lawyers and International Lawyers at International Law Firm in Korea discussing issues of Korean Law

IPG Legal is a leading client-focused international law firm with offices in Korea that is, often, selected over the ubiquitous Korean Law Firms when success is essential and success depends on nuanced street-smart advice, proactive  and unconflicted representation. Our attorneys are, intentionally. different from the crowd.  From our retired judge partners to our junior associates, we are all trained with an intense focus on client success, lawyer proactivity, and to understand the nexus between your commercial and legal needs. Our attorneys

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Korea Notarizations, Apostille, Powers of Attorney, Consularizations, Legalizations of Korean Translations and Documents

Our Korean lawyers at our law firm in Korea receive numerous emails requesting our services in assisting with either legalization of a Korean translation for use in court, authentication, notarization or apostille of a Korean, Chinese, American, British, French, German, Russian or other country document for either use in Korea or use in another country. We, normally, receive these calls from fellow attorneys, a financial institution or an individual with the need for an important document to be “legalized” for

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Obtaining Child Support in Korea from a Deadbeat Father (or Mother)

The, typical, situation occurs when a child is born out-of-wedlock and the father abandons the child.  Child Support in Korea may be obtained from these deadbeat fathers.  This situation is alarmingly common. The, typical, situation involves Philippine, Chinese, Vietnamese, Cambodian, Thai, and Southeast Asian country woman having children with Korean Nationals.  The Korean fathers are, typically, students or businessmen doing business in these countries.  The KOPINO issue has been publicized in the Korean media, however, few cases have been filed

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Guardianship Law in Korea: The Lotte Family Conservatorship Saga Continues

With news late in 2016 that the Seoul Family Court Appointed a Law Firm as Legal Guardian for Shin Kyuk Ho, founder of Lotte Group, and the negative effect the ruling had on his elder son’s efforts to regain control of the conglomerates, it is a good time for business owners and their families to understand what guardianship law may mean for businesses and families in Korea. Guardianship Law in Korea The Adult Guardianship Act of 2011 of Korea in

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