Korea has many protections in place to protect the privacy of individuals, however, a concerning issue has come to light, in recent years, regarding the exposure of Korean victims’ identities and addresses during legal proceedings in Korea. Korean lawmakers, reacting to this issue, proposed a bill aimed at safeguarding the personal information of alleged crime victims. The bill has been stuck in legislative limbo for over two years. The Busan Hit-and-Run CaseOne particular incident, widely known as the “Busan hit-and-run
Continue readingCategory: Korean Criminal Law
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
Continue readingAttorney Lee from IPG Legal in the news!
The Korea Times recently featured Attorney Seul-ki Lee of IPG Legal in a news article, and for all the right reasons. Attorney Lee is one of the the legal representative of Mr. Arnold Samberg at IPG Legal. Mr. Samberg is a retired US Airforce sergeant who met with an unfortunate tragedy three years ago when is was shot by a Korean police officer. He seeks justice and closure from the Korean Police, who have dragged this case on for far
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 readingDetention of Criminal Suspects in Korea under Korea’s Criminal Procedure Law
The Korean Criminal Justice System works, in many aspects, very differently from the American, Australian, Canadian, Irish, UK and other Criminal Justice Systems based on the common law. One, notable, difference is in regard to the detention of a suspect prior and during to a trial/hearing in Korea. One aspect of the system that leaves many of our clients puzzled is the pre-trial detention system in Korea. Korea’s Criminal Procedure Act, Article 92 details the maximum detention periods while the
Continue readingLength of Sentences for Korean Crimes Perpetrated in Korea
The length of sentences for crimes in Korea varies depending on the severity of the offense, capabilities of your Korean lawyer and the discretion of the judge. The most important aspect of defending against a crime in Korea is the choice of your Korean criminal criminal defense attorneys. Also, make sure your lawyer in Korea has handled issues concerning Immigration if you are an expat. Sentences for Major Crimes in Korea It is important to note that these are general
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 readingCriminal Record Checks in Korea
We assist expats who have lived in Korea with Korean Police Clearance Certificates and Korean Criminal Record Check Certificates. The process to obtain these records, in Korea, is regrettably not so easy in many cases, because of a new Korean Law. Why is a Criminal Record Check needed? A criminal record check in Korea is typically required for some jobs, including teaching positions, as proof that the applicant did not commit any crimes while in Korea. It is also required
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 readingDefenses Under Korean Law for Sex-Related Crimes Perpetrated in Korea
In this post we’ll discuss the Defenses in Korea that may be used in the Korean courts against sex-related accusations. A. When the accused acknowledges the allegationsIf the defendant reaches a settlement with a victim, normally, the Defendant shall receive the least serious criminal charge if he voluntarily acknowledges the crime and settles with the alleged victim. The alleged victim of sex-related offences typically has access to a public attorney in order to facilitate a settlement and defend the interests
Continue readingSean Hayes Interviewed on the Shooting of Carlos Lopez by the NYPD
Our New York office’s managing partner, Attorney Sean Hayes is representing, pro bono, the family of Carlos Lopez who was killed in 2003 by NYPD. According to the family of Mr. Lopez, NYPD undercover police officers responding to a shooting mistook Mr. Lopez as the perpetrator of the shooting. Witnesses noted that Mr. Lopez was not involved in the shooting, no gun was found on Mr. Lopez, no gun residue was found on Mr. Lopez and Mr. Lopez was not
Continue readingKorean Prosecutors & Police Powers under Amended Criminal Procedure Law
One of the most substantial changes in the powers between the Prosecutors’ Office and Police Office was enacted by the Korean National Assembly through amendments to the Korean Criminal Procedure Act and Prosecutors’ Office Act. These Amendments were made to the Criminal Procedure Act of Korea and the Prosecutors’ Office Act of Korea that shall take effect in 2021. The Amendment reduce the power of the Korean Prosecutions to initiate investigations in certain types of cases, while expanding the powers
Continue readingAlternative Legal Fee Arrangements at Korean-based Law Firms: Limited Scope Representation Explained
Many Korean law firms have been willing to work in relationships based on a non-time charge flat-fee or contingency basis for Korean clients. However, many of these law firms in Korea have been unwilling to work on alternative fee arrangements with non-Korean clients, because of, among other things, the requirement to represent the client in a far different manner than that of a Korean client and, also, reduced competition in the foreign-client market, because of the reality that only a
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 readingIPG Legal Thwarts the Korean Government’s Attempt to Extradite an American Former Service Member to South Korea
IPG Legal won a release for an American national in an extradition case pending in a U.S. Federal Court by obtaining the Re-Opening of a Finalized Judgment in Korea and obtaining the release of the American national on bail. The American Defendant was held in a jail in America for over seven months until retention of IPG Legal and Hayes & Simon, P.C. in New York City. Sean Hayes argued for the Defendant in a U.S. Federal Court in the United
Continue readingLast week’s Recap of the Top Legal Headlines in South Korea for the week of August 2, 2021:
Korean Telecos winning the war against Netflix in the streaming battle New Fake news law set to damage press freedom FTC investigates Korean Bar Association over law talk ban Supreme Court upholads fine for Nissan Korea Korean government to compensate nurse paralysed by COVID shot 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 Criminal Defense Attorney in
Continue readingConstitutional Court Upholds Cellphone Ban While Driving
Long term foreign residents will note that the Korean Constitutional Court has upheld the rule banning the use of cellphones while driving. The court ruling stipulates that the ban isn’t a violation of the Korean Constitution. Using cellphones while driving increases the risk of traffic accident and should be banned to protect the life, body, and property of the people. The law allows certain exceptions that permit the use of cellphones in emergency situations, minimizing unecessary inconvenience. Korean Constitutional Court’s
Continue readingSouth Korean Gambling Laws Explained
Casinos and sports betting remain a risky venture within South Korea for locals and foreigners wanting to gamble online. Gambling is still strictly taboo amongst South Koreans, as the majority of land-based casinos cater to tourists and long-term expatriates residents. South Koreans are subject to strict gambling regulations. Koreans are limited to visiting Kangwon Land Casino on the outskirts of Seoul for legalised gambling. The Special Act on the Assistance to Development of Abandoned Mines, protects locals playing at Kangwon
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 readingDefamation on the Internet is a Criminal Offense in Korea
“Think before you click” is a social media campaign in Korea. Please note the truth is not an absolute defense to defamation in Korea. Additionally, defamation can lead to civil and criminal liability. The following article details Defamation Crimes and potential penalties. If you are interested to read more about defamation, please read our other articles at: Defamation on Trial and Definition of Defamation in Korea. The two primary laws that punish the crime of defamation committed orally, by means
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