If you’ve ever wondered how to bring cargo claims under the Maritime Law/Shipping Law in Korea when South Korea is not a signatory to any international conventions governing the shipping of goods by sea, such as the Hague-Visby, Hamburg, or Rotterdam conventions, Continue reading to find out. For information on arresting a ship in Korea please see: Arrest/Attachment of Ships at Korean Ports: Maritime Liens in Korea. It is true that South Korea is not a signatory to any major international
Continue readingCategory: Korean Civil Law
Service of Process of Legal Documents in Korea explained by the Korean Supreme Court
The Korean Supreme Court has recently rendered a judgment highlighting the requirements for Korean courts to accept the service of documents, in Korea, of legal documents. In a case involving a dispute over the existence of a right of easement, the Court declared that merely listing an address in appeal documents is not sufficient if there is no possibility of receiving the legal documents at that location. This decision has far-reaching implications for those wishing to serve documents on a
Continue readingRight Against Self-Incrimination in Korea
In a Korean trial known as the “Namsan 300 Million Won Case,” two prominent figures, former Shinhan Bank Chairman Shin Sang-hoon and former Shinhan Bank President Lee Baek-soon of Shinhan Financial Group, were acquitted on charges of perjury. The judgment has sparked controversy and raised important questions about the status of witnesses when they themselves are criminal defendants in a case in Korea. Shinhan Bank is one of the largest banks in Korea. Background of the “Namsan 300 Million Won
Continue readingIntroduction to the History of the Korean Legal System
The legal system of the Republic of Korea developed over 1000s of years. The early years of Korean history, the legal system of Korea was based, nearly entirely, on the principles of Confucianism, which emphasized the importance of moral principles, hierarchy, the power of the king and social order. Confucianism still plays a role in Korean society and the legal system to this day. Three Kingdoms Period (57 BC to c. 668 AD) During the Three Kingdoms Period of Korean
Continue readingBeware of these Common cams in Korea
In South Korea like in many other countries, there are countless scams intended to trick people into giving away their cash or personal information. People in Korea have to stay alert and aware of the most typical tricks played by scammers or con artists because these scams occur in a variety of forms and are continually growing. If you are a victim of a scam, you are not alone. Please read this article: Are you a Victim of a Scam
Continue readingKorea’s DUI Law Explained by Defense Lawyers in Korea
As many people are already aware, driving under the influence is dangerous and can lead to serious legal consequences in Korea. Korea has one of the world’s most strict DUI Laws. In order, in part, to fight the stigma of Korean having one of the highest road fatality rates in the OECD, the present Korean DUI Law was enacted. The law is intended to warn drivers that they should not drive even if they have one drink. The, recently enacted
Continue readingKorea emerges as an Arbitration Hub in East Asia
With several major international companies now calling Seoul home and many international construction contracts choosing Seoul as the venue for arbitration, international arbitration matters are on the rise in Korea. American, Australian, British, Chinese, Indian, German have expanded their interest in the growing Korean market. International conglomerates in Korea have long understood the value of the arbitration process. Regrettably, few Korean attorneys are capable of handling international arbitration cases in the English language, because of the lack of experience in
Continue readingLast week’s Recap of the Top Legal Headlines in South Korea for the week of August 9, 2021:
Samsung leader Jay Y Lee wins parole from prison South Korean school teacher sentenced in Bitcoin assault case Korean politicans to amend sex crime laws criminalising semen terrorism Press freedom to nose dive after Korean parliament introduces fake news bill Former government official wins discrimination case against Korean government You may schedule a free initial consultation with a lawyer at: Please Schedule a Call with an Attorney. Latest Posts: The Signs of a Great Criminal Lawyer in Korea | English-Speaking
Continue readingInternational Arbitrations in Korea under the IBA Rules
Procedural Arbitration rules are key to the efficient and effective adjudication of arbitration disputes in Korea and, also, worldwide. These arbitration rules govern and set out the framework for the arbitration process. Evidence gathering and presentation are important aspects of the above procedure, and yet, institutional and ad hoc rules that provide arbitration guidelines on other matters such as the appointment of arbitrators and the nature of award and costs are, usually, silent on this point. Advantages of such a
Continue readingBelgian Ambassador’s Wife on Assault Charge: Hiring a Proactive Defense Lawyer in Korea
Criminal assault cases involving members of the foreign community are serious business in Korea. The case of the Belgian Ambassador’s wife highlights the importance of engaging an experienced English-speaking criminal attorney. It was reported, that the Belgian Ambassador was recalled after his wife was caught in a second assault altercation. In May of this year, CCTV emerged of the Belgian Ambassador’s wife, Xiang Xueqiu slapping a shop assistant. Staff at the store believed that Mrs. Xiang may have been shoplifting
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 readingData Protection in Korea is set to take on new importance in 2021
Koreans have been forced into the realm of digital deliveries and contactless payment options due to the global pandemic. The change in conditions shall, likely, lead to more criminals looking to take advantage of this situation. Foreigners and international companies potentially could be exposed to significant risks from data and identity theft in Korea as the risks increase over the next 12 months. A recent report by the Police Science Institute in Korea predicts that white-collar crimes such as fraud
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 readingKorean Workplace Discrimination Laws
There are numerous Korean labor and employment laws that prohibit employers from discriminating against their employees in a Korean workplace. These Korean workplace discrimination laws are found in a myriad of Korean statutes and regulations. This article on Korea’s discrimination laws shall provide a quick guide as to where employers and employees can locate the basic requirements under law. The major pieces of legislation are the following: the Korean Labor Standards Act; the Korean Equal Employment Opportunity Act; the Korean
Continue reading
You must be logged in to post a comment.