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. For an explanation of Korean Guardianship Law, please see: Guardianship Law in Korea.

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Getting a Divorce in Korea: Hire an English-Speaking Korean Divorce Lawyer?

The following Korean divorce information is provided by the Seoul Global Center.  Non-Koreans are capable of obtaining a divorce in Korea even if no party to the divorce is a Korean national.  In most cases you will be required to hire a proactive English-speaking Korean Divorce Lawyer. However, in many divorce cases, no divorce attorney in Korea will be needed.  However, in most cases involving non-Koreans, it is advisable to seek assistance from a divorce lawyer in Korea, because of

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Enforceability of Korean Executed Holographic/Handwritten Wills in Korea

Holographic wills are enforceable in Korea under Article 1066 of the Civil Act of Korea.  Our law firm is, presently, handling a matter concerning the estate of a decadent where the decadent executed a handwritten (holographic) will and the inheritors are Korean and foreign nationals. Holographic Wills This is a common issue for lawyers at our firm to handle – with the exception of the handwritten will issue. We, rarely, see cases, these days, of a testator that has executed

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Korean Talent can Increase your Brand’s Exposure in the West by Dan Gardner

Football does funny things to people it, even, makes men cry. You can’t put into words the hollow feeling a Liverpool fan feels when losing to Manchester United fan – the feeling is akin to a death in the family. The transfer season in football is a stressful time for most football fans. Player transfers can generally make or break your team’s season, star signings by a manager can generally mean glory for fans and commercial bonanza for teams. A

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Grounds for Divorce in Korea: Judicial Divorces in Korea

Korean divorce law requires a petitioning spouse to prove “fault” that is attributable to the responding spouse for the breakdown of the marriage if the married couple is unable to agree to a divorce and all financial/custody matters are not resolved.  In a “divorce by agreement,” the married couple may, in many cases, divorce on the same day the divorce is filed to the Family Court.   If you spouse is unwilling to agree to a divorce (divorce by agreement), in

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South Korea’s Adultery Law found Unconstitutional by Constitutional Court of Korea – Let the Parties Begin

The Korean Constitutional Court ruled, today, in a 7-2 decision that the long-standing law banning adultery was unconstitutional.  The Korean adultery law allowed up to a two-year jail sentence.   The Constitutional Court of Korea noted that “even if adultery should be condemned as an immoral act, state power should not intervene in an individuals’ private lives.”  The Court, also, noted that: “Considering the level of social criticism it is difficult to bring about the intended precautionary effects. In fact,

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International Parental Child Abduction: Korea Accedes to Hague Convention on Child Abduction

Korea has acceded to Hague Convention on the Civil Aspects of Child Abduction, however, it is advisable if you have a spouse that you believe may abduct your child and bring the child into Korea, China or another jurisdiction to: Access the Children’s Passport Issuance Alert Program (CPIAP) via report the fact of the possibility of an abduction to the Department’s Passport Lookout System.If a passport is being applied for, the Passport Lookout System should notify you. You can find

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Adultery in Korea: Suspended Sentences Under Korean Law

News of the Korean authorities having blocked adultering spouse hook-up site “Ashley Madison” has been getting a lot of attention this month.  Citing moral issues, the Korean government blocked internet users from accessing the site from Korea.  Those that are more tech savvy can, obviously, get around this block. The Republic of Korea is one of the few countries in the industrialized world where adultery is a criminal offense and still punished.  It is, however, rare for someone to be

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Getting a Divorce in Korea Explained by U.S. Military

The U.S. Military in Korea drafted an excellent, basic, explanation of the divorce procedure in Korea. Divorce, in Korea, is possible even if both parties to the divorce proceedings are not Korean and were not married in Korea. As noted in the document, if you are involved in a contested divorce or are not willing to jump through the hoops at the Seoul Family Court in an uncontested divorce, promptly retain a lawyer. It is essential to obtain an attorney

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Hague Child Abduction Convention Acceded to by South Korea

The Republic of Korea in December of 2012 acceded to the Convention on the Civil Aspects of International Abduction.  The Convention enters into force, in Korea, on March 1, 2013.  The Convention was first concluded in 1980.  Korea became the 89th signatory to the Convention. Under this Child Abduction Convention a non-Korean spouse of one of the contracting states may file with the Ministry of Justice of Korea for assistance in the return of a child that was taken into

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Sean Hayes in the Christian Science Monitor on Korean Adoptions

I was quoted in today’s issue of the Christian Science Monitor in an adoption law matter that we are assisting on, in a drastically reduced cost capacity, as part of what we believe are our pro bono obligations to Korean society. I fear that this adoption law case may reach all the way to the Korean Constitutional and Supreme courts. The case, I believe, is caused, simply, by misplaced nationalism.  I, also, hope for Korea to be able to adopt most

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