Confession Prior to Arrest in Korea: Korean Sentencing Law Basics

Some crimes in Korea require the victim’s consent for the prosecutor to indict a victim, the most literal translation of these types of crimes are “Crimes Not Punished Against the Will of the Victim.” Additionally, a “Self Denunciation” (Confession to Korean Investigative Agency Prior to Arrest ) may mitigate punishment (Korean Criminal Act Article 52).  The difference between these types of crimes and the formality in confessing may forego the

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Korean Entrapment Law: Korean Criminal Procedure Law Basics

The use of the Entrapment Defense in Korea depends on if the actions of the police/investigators have “induced” the suspect to commit a crime or merely provided an “opportunity” for the suspect to commit a crime.  The “crime inducing” act by the Korean government is a criminal defense to the alleged consummated crime.  The main job of the court in determining if the crime was induced is to determine the intent

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Korea’s Improper Solicitation and Graft Act: Kim Young-ran Act

The Improper Solicitation and Graft Act of Korea (“Graft Act”) was enacted on March of 2015 and came into effect in September of 2016.  Korea’s Anti-Corruption and Civil Rights Commission published in English and Korea a decent Handbook to the Graft Act.  The Handbook may be found at: Handbook to Korea’s Graft Act.  All companies doing business in Korea should understand compliance basics and have an understanding of the myriad of

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USA Today cites The Korean Law Blog and IPG Attorney Sean Hayes on Casino Gambling Law

An article in USA Today on Casino Gambling in Korea cites The Korean Law Blog and the main author of this blog on Casino Gambling in Korea.  The article may be found at:  South Korea wants to build casino industry where all are welcome but Koreans. The article notes, in part, that: “According to the Korea Center on Gambling Problems, which was established by the government in 2012, the prevalence

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Korean Child Abduction Law Explained

Child Abduction Law in Korea is a developing area of Korean law because of Korea’s Criminal and Family Law’s interaction with the recently ratified Hague Convention on the Civil Aspect of International Child Abduction and recent noted issues that have been covered in the local and international press.  Please note this area of law in Korea is developing and Korea’s child abduction jurisprudence is quickly developing and local law is necessary to

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Korean Pretrial Detention: Korean Criminal Law Basics

Korea allows a prosecutor, via approval by a court, the right to hold a defendant pending trial in a criminal case for up to 180 days.  The approval by the Court is the granting of a Pretrial Detention Warrant, also, often referred to, in English, as Korean Arrest Warrant.  In most cases, a decision, in a criminal case, must be rendered within 180 days of the time of the detention or

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English-speaking Korean lawyers and International Lawyers at International Law Firm in Korea discussing issues of Korean Law

IPG Legal is a leading client-focused international law firm with offices in Korea that is, often, selected over the ubiquitous Korean Law Firms when success is essential and success depends on nuanced street-smart advice, proactive  and unconflicted representation. Our attorneys are, intentionally. different from the crowd.  From our retired judge partners to our junior associates, we are all trained with an intense focus on client success, lawyer proactivity, and to understand

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Korean Government Official Prosecuted in U.S. for Violation of Korean Law? Application of Korean Law in U.S. Courts

Is it really true?  A foreign government official may be prosecuted in the United States for the violation of a non-U.S. law – Yes/No – not exactly. A Korean working for a Korean government research center was, recently, found guilt of U.S. federal money laundering in a U.S. Federal Court.  The individual was convicted of utilizing the banking system of the United States to store and transfer illegal obtained funds.

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Korea’s Anti-corruption/Anti-Graft Law: Kim Young-ran Law Implementation in Korea

Korea’s Anti-graft Law shall be effective on most companies doing business in Korea on September 28, 2016. Call your lawyer in Korea and get your lawyer to write you a memo on the issue.  The law will have, immediate, effects on most companies doing business in Korea. Korea, based on calls from civic groups and some in the media criticized the powers that be in Korea that Korea was lax

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Director Liability Insurance in Korea: Follow the Oxy Reckitt Beckiser

A great lawyer is hard to find – a lawyer is too hard to lose. The best lawyers, in Korea, often don’t work for the ubiquitous/”leading” law firms, because of Korean realities.  This is known by many Koreans and it is why Koreans shop around for the best lawyer for the specific case. Too often, we see foreign defendants in criminal cases that choose to maintain the same “corporate” firm

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The Law of Self-Defense in Korea: Criminal Law Basics in Korea

The affirmative defense of self-defense is available in Korea.  A court, in Korea, that rules that an act was perpetrated in self-defense must dismiss or mitigate the punishment of the defendant. Typical Korean Court Criminal Act Article 21 (Self-Defense)(1) An act which is performed in order to prevent impending and unjust infringement of one’s own or another person’s legal interest shall not be punishable if there are reasonable grounds for

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Mr. Song Sings a Sobering Song of Freedom: “Emergency Situation” as a Defense to Drunk Driving Charge in Korea Upheld

I usually don’t write about such mundane legal issues, but the facts here are too interesting.  Mr. Song called a Designated Driver Service to drive him home after a night of drinking with high school friends. In Korea, you can call a Designated Driver to drive you home. The drivers, typically, arrive via public transportation or are dropped off via a motorbike.  The job is considered one of the lower-level

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Changes to Korea’s Franchise Law May Lead to an Increased Potential for Criminal Sanctions: Franchise Law Basics

The Fair Transactions in Franchise Business Act of Korea was amended on August 13, 2013 and became effective on August 14, 2014.  The, facial, reason for the change in the Act is noted in an announcement by the Korean government on the reason for the amendment.  The facial reason for the amendment shows the rationale for imposing criminal sanctions for acts that don’t constitute “crimes.” Korean Government’s Stated Reason for

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Definition of Rape in Korea Elaborated on by the Korean Supreme Court: Criminal Law Basics

A recent decision by the Supreme Court of Korea may make defending against rape charges a little easier for defendants. The Defendant in the case was convicted by a Korean District and High Court for rape and was sentenced to 1 1/2 years in jail. Facts Found by the CourtThe Supreme Court found, among other things, the following facts: Defendant was the ex-boyfriend of the Accuser; The Accuser had a

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Korean Supreme Court Rules Contingency Fees for Criminal Cases Illegal

The Korean Supreme Court has, recently, ruled that an attorney’s contingency fees in criminal cases are against public policy, and are, therefore, illegal in Korea. The Supreme Court of Korea cited two bodies of law to arrive at its decision: Korea’s Civil Act and the Korean Attorney-at-Law Act. Article 103 of Korea’s Civil Act (Juristic Acts Contrary to Social Order) states that a “juristic act that is contrary to good

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South Korea moves to Remove Statute of Limitation on Murder

In South Korea, murder has a 25-year statute of limitations. This means that someone cannot be prosecuted for committing murder 25 years after the murder was committed. A review committee of the National Assembly’s Legislation and Judiciary Committee on Wednesday has just pushed through a bill that would remove the statutory 25-year statute of limitations on murder. The bill now awaits approval at the Assembly’s plenary session on July 24,

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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

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Bail Granted in Korea for Alleged Violations of Korean Banking Laws

We are proud to announce that we, recently, prevailed in a white-collar criminal matter concerning an alleged crime involving violations of Korea’s Banking Laws.  The allegations stemmed from transactions between a payment processor and a major Korean financial institution.  Bail was granted for the non-Korean banker/businessman and, promptly, upon the granting of the bail by the Korean court, the Seoul Prosecution decided to drop all charges against our client.  In

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Child Abuse in Korea – “Professionals” Required to Report Crime: Sentences Increased & Police Receiving More Training on the Needs of Victims

Most crimes, in Korea, related to the most vulnerable in society are seeing more attention by the police & prosecution and greater sentences from judges – child abuse is no exception. In Korea, child abuse may be punished under the Act on Special Cases Related to the Punishment etc. of Child Abuse Crimes (아동학대범죄의 처벌 등에 관한 특례법).  Some individuals may be held civilly liable (fined) for not reporting child

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Did Korea Kill Uber? South Korea vs. Uber

The Wall Street Journal has a new article about Uber’s legal challenges in Korea.  The article is well worth a read.  According to the article, the Korean Communications Commission released a statement that said that Uber Korea violated Korean Law by failing to report its Geo-positioning service to regulators.  As I noted in prior blog posts, many international companies have not reported this service to Korean regulators in violation of

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