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 Convention 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 the government to allow a parent to return an abducted child to the nation the child was

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Uncontested 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

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Korean Child Support Basics Explained

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 in Korean Family Courts. Child Support in KoreaUnder Act on Enforcing and Supporting Child Support Payment or Act No. 12532 as amended by Act No. 13216,

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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. For an article on Korean estate taxes, please See Korean Inheritance Taxes. 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

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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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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. Korea does not restrict those under SOFA, diplomats, and non-permanent residents from filing for divorce in Korea. For additional information on divorce in Korea, please see: Getting a Divorce as a Foreigner in Korea. However, if the non-filing party to a divorce wishes to stay

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Wills, Trusts, Pre-Nuptial Agreements, Living Wills, and Power of Attorneys in Korea

We receive numerous requests for 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. Please save your family trouble and get these documents drafted by someone with substantial experience with handling international matters for expats residing in Korea or Korean nationals with family abroad. We,

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