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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