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 of the suspect at the time of the alleged inducing

Continue reading

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 compliance rules.  The Graft Act is, only, the tip of

Continue reading

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 of gambling addiction is two-to-three times higher in Korea than

Continue reading

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 consider with the interaction between the laws of the jurisdiction

Continue reading

Korean Pretrial Detention: Korean Criminal Law Basics

Korea allows a prosecutor, via approval by a Korean court, the right to hold a defendant pending trial in a criminal case for up to 180 days. The approval by the court in Korea is the granting of a Pretrial Detention Warrant, also, often referred to, in English, as a 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 the Defendant must be released

Continue reading

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 the nexus between your commercial and legal needs. Our attorneys

Continue reading

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.  The funds were deemed illegally obtained under Korean Law.  So

Continue reading

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 on white-collar crime. These individuals, among other arguments, claimed it

Continue reading

Director Liability Insurance in Korea: Follow the Oxy Reckitt Beckiser

Director Liability Insurance is important and the cost is trivial. Don’t let your company skimp on this important part of your success as a director of a Korean company. If you are investigated you may need your own legal counsel, your company may throw you under the bus and you may have lost out-of-pocket expenses, thus, a little insurance can go a long way. Another article that may be of interest: Suing Korean Directors and Don’t Drop the Director Liability

Continue reading

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

The affirmative defense of self-defense is available under Korean Law. A court, in Korea, that rules that an act was perpetrated in self-defense must dismiss or mitigate the punishment of the defendant. The main clause in Korean Law that governs the defense of self-defense is Article 21 of the Korean Criminal Code. If you are charged with a crime, it is essential for you to immediately hire an experienced criminal defense attorney.  Korean Court Criminal Act Article 21 (Self-Defense) (1)

Continue reading