Korean Forum Non-Conveniens Doctrine under Korea’s Private International Law Act

The main law that governs international jurisdiction over cases in Korean courts is Korea’s Private International Law Act. A major amendment to the Act became law in July 2022. The prior law was criticized for leaving too much discretion to courts and not providing detailed rules regarding the application of international jurisdictional norms to Korean jurisprudence. The prior Korean Private International Law Act contained, only, one Article related to jurisdiction, while the present act contains 35 detailed provisions on international

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IPG Prevails in Lawsuit for American Veteran Shot by a Korean Police Officer

An IPG Legal attorney was quoted by the Korea Times in a case in which a U.S. Army Veteran was recklessly shot by a Korean police officer. IPG Legal prevailed in obtaining a civil damages award and also persuading the Korean Prosecution to indict the police officer responsible for the injuries. For a prior article on this issue please see: American Shot by Korean Police Officer. While not easy, IPG Legal proved it is possible to prevail in a case

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Top 100 Korean Lawyers & Legal Consultants in Korea

Sean Hayes, head of the Top Korean Dispute Resolution Law Firm of the Year was rated by LawAsia, one of the leading peer-reviewed publications in Asia, as a Top 100 Lawyer in Korea. Sean Hayes is one of the only non-Korean attorneys on this Korean Lawyer “A-list” and the only non-Korean that was on the list each year the list was published. Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of

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Liability of Persons who have Lent their Names for Korean Business Transactions

In Korea, the person who is actually the subject of rights and obligations, often differs from the nominee such as the holder of licenses or business registrations. Sometimes those with assets use these nominee/proxies to attempt to avoid liability. As such, under certain conditions, a counterparty to a transaction is protected, under the Korean Commercial Act, by acknowledging the liability of not only the party to the transaction, the name borrower, but also the nominee (name lender). See: Korea’s Real Name Transaction

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Korean Cargo Claims under Korean Maritime Law

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. And for an article on releasing an arrested ship please see: Releasing an Arrested

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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 legal documents, in Korea. In a case involving a dispute over the existence of a right of easement, the Supreme Court of Korea 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

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Right 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

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Introduction to the History of the Korean Legal System

The legal system of the Republic of Korea developed over 1000s of years. In 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

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Beware of these Common Scams 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

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Korea’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 Korea 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

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