Constitutional 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

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Belgian 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

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Defamation 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

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Whistleblower Protections and Laws in South Korea

South Korea has various legislations that protect and give rewards to whistleblowers: Act on the Prevention of Corruption, Tax Whistleblower Reward Program, and Act on the Protection of Public Interest Whistleblowers. But for this article, we are going to focus on Act on the Protection of Public Interest Whistleblowers (“Act”) which took effect on September 30, 2011. The main purpose of this Act is to make sure that whistleblowers who

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Data 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

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Korea’s Class Action Law Proposed by Moon Administration

Class action lawsuits in South Korea are currently available in two types of civil cases: (1) under the Securities-Related Class Action Act of Korea (derivative/shareholder suits); and (2) in certain limited product liability matters under the Consumer Act of Korea. A bill that seeks to expand the scope of class actions into other areas, aside from the two instances above, has languished for years in the Korean National Assembly. However,

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Japan is Ordered to Pay Damages to former “Comfort Women”

In a historic ruling made by a South Korean court on January 8, 2021, it awarded 100 million won or around US$90,000 damages to each 12 plaintiffs. The plaintiffs are a group of former 12 Korean “comfort women” who were employed as sex workers in brothels during the Japanese occupation that spans from 1910 until 1945. The Seoul Central District Court also issued the compensation order accompanied by a provisional

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Deportation after COVID-19 Quarantine Violations in Korea

This week a bill was submitted by Korean politicians to make the deportation process easier for the Korean government to deport foreign nationals accused of submitting false testing information for COVID-19. The COVID pandemic remains an emotive issue in Korea as cases have been steadily rising domestically over this Winter season. Political leaders, within Korea, have had a long history of using the foreign population as an easy target to

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English-Speaking Criminal Defense Lawyers in Korea: Defense Lawyers to Hire and Not to Hire?

In all cases, in Korea, where you are accused of a crime and you fear that you may be sentenced to time in jail, may be deported or the conviction may harm your future, hire, quickly, an experienced and proactive English-Fluent Korean criminal defense lawyers prior to any interrogations by the Korean police or prosecution.Sadly, few lawyers, in Korea, are useful for criminal matters, since few lawyers are proactive when

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Korea’s Criminal Procedure Act: Pre-Trial Detention in Korea

The Korean Criminal Justice System works, in many aspects, very differently from the American Criminal Justice System. 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 Korean prosecutor’s investigation is pending.  The following does not apply, in many respects, to those under the SOFA: After being arrested,

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Deportation after Criminal Conviction in Korea: Korea Immigration Law Basics

Korea’s Immigration Services has increased enforcement/deportation actions against foreigners convicted of crimes.  Upon exit from Korea, the Immigration Service has been instructing individuals to report to Immigration with the written judgment and confirmation that the fine (if any) was paid in full.  These records may be obtained from the Prosecutor’s Office. We advise reporting to Immigration, only, after an attorney reviews the matter and, potentially, writes a legal opinion to

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Preparation for Korean Police & Prosecutor Interrogations & Witness/Defendant Questioning at Korean Courts

All good Korean attorneys prepare all clients for witness questioning & suspect interrogations in Korea.  Clients may be subpoenaed to appear in a Korean police office, Korean prosecutors office or to appear as a witness or a criminal defendant in a Korean Court and should be thoroughly prepared by their attorneys. We at IPG, hear of too many issues of lawyers, only, telling clients to “tell the truth and don’t worry.”  This

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Korea’s Virtual Assets/Cryptocurrency Law

For those who may not know, cryptocurrencies/virtual assets (the best known of them, at the moment, is Bitcoin), are digital representations of value that can be digitally traded or transferred. When holders are using these currencies the transaction, in short, the use is via Blockchains (in short, a decentralized databases). South Korea has been at the forefront of the global cryptocurrency boom and its spread has permeated through all levels of

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Amendment to the Korean Immigration Act Supports Foreign Children in Cases of Child Abuse

In early April 2019 the Chair of the Legislation and Judiciary Committee proposed an Amendment to the Immigration Act of Korea , with the facial purpose of implement more supportive regulations to assist foreign children that are victims of child abuse. Please note, unlike in the United States and some other Western countries, being born in Korea does not, automatically, grant you the right to Korean citizenship. The Amendment shall

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Fleeing Korea while under Police/Prosecutor Investigation: International Hold in Korea

From changes a couple of years ago in the computer system and policy of the Korean Immigration Services, even if the Korean prosecution/police have not requested that an accused be placed on an International Hold, some records of police investigations, indictments and proposed fines and sentences by the prosecution/police are being reported to the Korean Immigration Service at airports and ports of departure. An International Hold, in Korea, is an

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Korea Increases the List of Serious Crimes in the Act on Regulation and Punishment of Criminal Proceeds Concealment

The Chair of the Legislation and Judiciary Committee in Korea proposed an Amendment to the Korean Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter as “Act on Punishment of Criminal Proceeds Concealment”) on April 4, 2019. Some crimes shall be added to the list of “serious crimes” stated in the aforementioned Act. Amendment to the Act on Punishment of Criminal Proceeds Concealment The list of “serious crimes” (also

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New Provisions regarding the Korean Act on Reporting and Using Specified Financial Transaction Information

The Amendment to the Act on Reporting and Using Specified Financial Transaction Information of Korea (hereinafter as “Amended Financial Transaction Information Act of Korea”) focuses on strengthening Korean legal provisions related to money laundering as well as implementing a “global standard” proposed by the Financial Action Task Force on Money Laundering. The Amended Financial Transaction Information Act of Korea shall enter into force on July 1, 2019. Major provisions of

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Safety Measures in Korean School Buses in Korea via the Amended Road Traffic Act of Korea

The Amendment to the Korean Road Traffic Act (hereinafter as “ Korean RTA”) is in force since March 2019 and shall generally increase the safety for children in school buses in Korea. The Amendment was a reaction to an accident that occurred with in school buses, including children, which got physically harmed or even died. An infamous incident involved a young child that left unattended in a bus and died

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English-Speaking Criminal Defense Team Lead by Retired Korean Presiding Judge

IPG’s Criminal Defense Team is lead by a leading Korean criminal defense attorney – retired Judge SJ Kook.  Hiring a proactive, connected and respected lawyer in Korea is essential in all criminal matters in Korea. Judge Kook, to date, has earned, for clients, over 60 not guilty verdicts.  He works on may Korean criminal matters with Sean Hayes, a retired prosecutor and internationally-experienced Korean attorneys. Judge Kook is a graduate of

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The Signs of a Great Criminal Lawyer in Korea | English-Speaking Criminal Defense Attorney in Seoul

There are few great English-fluent criminal defense lawyers working in Korea, because of the nature of the Korean criminal justice system and other Korean realities.  It is even more difficult to find competent English-speaking criminal defense attorneys outside of Seoul. In Korea, in all cases, where you are accused of a crime and you fear that you may be sentenced to time in a Korean jail, may be deported from

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