Revision to the Laws & Regulations on Ecosystem-Disturbing Species in the Republic of Korea in 2019

In order to increase the control on certain species like ‘ecosystem-disturbing species’, which are considered to be harmful to the ecosystem of the Republic of Korea, when it is planned to import and introduce them to the ecological environment of Korea, the Chairman of the Environment and Labor Committee proposed the Amendment to the Korean Act on the Conservation and Use of Biological Diversity (hereinafter as “Act on Biological Diversity”) on September 20, 2018. The new provisions of the Amendment

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“Fine Dust” as Socially-Generated Natural Disaster – Amendment to the Framework Act on the Management of Disasters and Safety 2019

As a further reaction to the fine dust-issue in Korea, the Chair of Korea’s Public Administration and Security Committee proposed an Amendment to the Framework Act on the Management of Disasters and Safety (hereinafter a “Act on Management of Disasters”) on March 13, 2019. The regulation shall become effective upon promulgation. The major legal change is the “damages caused by fine dust” as a being defined as a “socially-generated natural disaster.” Framework Act on the Management of Disasters and Safety

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Amendment to the Korean Protection of Military Bases and Installations Act 2019

The Amendment to the Protection of Military Bases and Installations Act of Korea was proposed by the Korean Chair of the National Defense Committee on April 4, 2019 and shall become effective in the autumn of 2019. The Amendment stipulates the extension of the scope of “protection zones” within a military base or installation in Korea and amends the process to remove the status as a “protection zone” with the return of the concerning military base or installation to the

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Korean Cryptocurrency Case Filed to the Korean Constitutional Court: Korean Bitcoin Updates

The author of this blog, formerly worked for the Constitutional Court of Korea and he is excited to see this matter being litigated in Korean courts.  The issue, as I have always noted, is simply if government are willing to protect the freedom of individuals to trade and speculate in asset classes of the choosing of the investor.  While, I am far from sold on Bitcoin (and other Alt Currencies) as a long-term asset class plays – of course any

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Korea Increases Penalties For Data Breach and Unauthorized Transfer of Data: Korea Communications Commission

In March 2016 Korea made amendments to its Act on the Promotion of Information & Communications Network Utilization and Information Protection (“Act”). The purpose of the Act is to both facilitate the utilization of information and communications networks and regulate for the protection of personal information including that of users of online service providers.  “Online service provider” includes any commercial website operator or telecommunications service provider; and “user” is defined as any person that uses the information and communications services

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Korean Court Upholds Expulsion of Law Student at Judicial Research & Training Institute for Adultery

A male law student, expelled from the Judicial Research and Training Institute for having an affair with another law student, has just had his appeal to be reinstated denied. The male student’s mother-in-law made the situation public after her daughter committed suicide after finding out about the affair. The male law student was charged with adultery and expelled from the JRTI.  Although he was found guilty in a lower court of adultery, during the course of his appeal, the Constitutional

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Korea’s Cyber Defamation Law: Basics of Libel and Slander Law in Korea

The crime of defamation, in South Korea, is vastly different from defamation laws in many Western countries. Most Western countries have, only, civil liability for defamation and much stricter requirements even for civil liability. In the United States, the alleged defamation (civil) against a person must be a false statement. The truth is a complete defense. Owing to the First Amendment’s protection of free speech (New York Times vs. Sullivan), additional requirements may also apply, such as requiring the statement

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South Korea’s Military Conscription Law Challenged by Religious Conscientious Objectors

South Korea’s mandatory military conscription law is once again being challenged by religious conscientious objectors. The Constitutional Court held a public hearing on Thursday to determine whether religious objectors to military service are still subject to the same punishments that are given to other citizens who refuse to perform their military service. South Korean law mandates that citizens who refuse to perform military service, without a valid reason, are subject to imprisonment for up to three years. Currently, religious conscientious

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Korean Administrative Court Stands Up for the Right to Assemble: Korea Queer Culture Festival

The Seoul Administrative Court has ruled in favor of the organizers of the Korea Queer Culture Festival in a case concerning the right to a permit to assemble. Because of the very vocal opposition of fundamentalist Christian groups, the NamDaeMoom Police refused to grant a permit to assemble.  These fundamentalist Christian groups argued, and the NamDaeMoon Police Department agreed, that amongst other things, that these Christian groups opposition to the event and the event itself will cause severe traffic disruptions

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Korea is a Country of the Future – and Always Will Be by John Lee

John Lee at The Korean Foreigner has a great post today related to Korea’s step back in time.  He, kindly, allowed me to post his article on my blog.  “On December 18th 2014, IKEA, the world’s largest furniture retailer, opened its first Korean branch in Gwangmyeong, Gyeonggi Province. The store is 25,759 square-meters (approximately 277,267 square-feet) in size and it is accessible via train and three inter-city express highways. It would appear that IKEA’s business is booming. So much so

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