International Arbitrations in Korea under the IBA Rules

Procedural Arbitration rules are key to the efficient and effective adjudication of arbitration disputes in Korea and, also, worldwide.  These arbitration rules govern and set out the framework for the arbitration process. Evidence gathering and presentation are important aspects of the above procedure, and yet, institutional and ad hoc rules that provide arbitration guidelines on other matters such as the appointment of arbitrators and the nature of award and costs are, usually, silent on this point. Advantages of such a

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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 cellphones in emergency situations, minimizing unecessary inconvenience. Korean Constitutional Court’s

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Immigration updates for Foreigners In Korea: Expiration of Visas

The Korean Ministry for Justice (MOJ) announced it is relaxing passport restrictions for foreign residents in South Korea. Under the new guidelines from the MOJ, long-term foreign residents shall be allowed to stay in the country after their passport expires. The MOJ announced it was giving foreign nationals in Korea an amnesty period until June 2022. Foreign nationals shall be allowed to stay in Korea for up to 12 months, even if their passport has expired. Once the amnesty period has expired,

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How to Appeal a Korean Deportation Order or Exit Order?

If you are issued a deportation order or exit order by the Korean Immigration Service, you still have avenues to reverse this deportation order or exit order. The main thing you need to, immediately, do is contact an experienced lawyer and get the lawyer all information asked for by the lawyer as soon as possible. A foreign national may challenge an Deportation Order or exit order of Korean Immigration Service by two ways. First is through Administrative Appeal and second is

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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 the store believed that Mrs. Xiang may have been shoplifting

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Online Immigration Visit Reservation System to be Implemented in All Immigration Offices starting April 1, 2021

On March 8, 2021, Minister Park Beom Kye of the Ministry of Justice made an announcement that the online visit reservation system shall be implemented in all Immigration Offices starting April 1, 2021. We believe this system shall expedite the visa processing system. According to the Ministry of Justice, this system shall not, only, reduce long lines and waiting time of visitors, it will also ensure proper social distancing in compliance with COVID-19 regulations. The online visit reservation system shall

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Changes to the Korean Immigration System means more Opportunities for Single Parents to Work in Korea

The Korean Times, recently, reported that the Ministry of Justice is looking at changes to the Immigration System to allow single parents to remain in South Korea with their adult children. The proposed changes are significant as it allows the provision for foreign residents to remain in the country provided they meet specific benchmarks for the resident F-2 visa. Migrants who were previously married to a Korean citizen will now be eligible for this visa, in the event of divorce

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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 win the hearts and minds of the public when times

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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 the Immigration Services of Korea.  If you live in the

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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 be effective upon promulgation. For an article on deportation from

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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 official procedure that flags passports and fingerprints & prevents one,

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Mandatory Registration of Long-term Trips Abroad – Korean Registration of Korean Nationals Residing Abroad Act of 2019

The Amendment to the Korean Registration of Korean Nationals Residing Abroad Act (hereinafter as “Amendment to the Registration of Korean Nationals Abroad Act”) shall enter into force at the end of 2019. The Amendments major focus is on collecting more information about Korean nationals staying or residing abroad. For a related update related to Korean Passports, please see: Korean Passports. Key-facts about the Registration of Korean Nationals Residing Abroad Act The Korean Registration of Korean Nationals Residing Abroad Act facial

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Korea Amends the Act on the Employment, etc. of Foreign Workers in 2019: Employment Law Updates

Amendment to the Act of the Employment, etc. of Foreign Workers in Korea (hereinafter as “Amendment to the Act of the Employment of Foreign Workers” of Korea) was proposed by the Korean Environment and Labor Committee in December 2018. The focus of the Amendment of the Employment of Foreign Workers is on the improvement of the living conditions of foreign workers at dormitories provided by their companies. Major Changes Due to the Amendment and the Struggles on the Way Addition

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Korea’s New Electronic Passport Without Resident Registration Number in 2020

The Amendment to the Korean Passport Act introduces a new Korean Electronic Passport. The passport excludes the Resident Registration Number and establishes a new system in order to ease administrative work of the government. This Amendment shall become effective in 2020. The Passport Act of the Republic of Korea According to Art. 7 Passport Act every Korean passport shall include: Type of passport; Issuing state; Passport number; Date of issuance and expiration; Issuing authority; Name of the passport-holder; Nationality of

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Korean Immigration Law: Challenging a Korean Immigration Deportation/Exit Order in Korea

Being convicted of a crime in Korea, may lead to deportation.  If you are issued a deportation/exit order from the Korean Immigration Service, you do have avenues to reverse this deportation order within the courts.  Korean Immigration Law is rapidly changing – please check back to The Korean Law Blog for the latest updates from Korean Immigration lawyers from IPG’s Korean Immigration Law Team. The Courts in Korea have jurisdiction to review all exit/deportation orders issued by Korean Immigration.  Korean

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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 Korea or the Korean conviction may harm your future –

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Exit Ban of Foreigners in Korea for Not Paying Taxes, Custom Duties or Violation of Law: Immigration Law Basics

The Korean Immigration Control Act and related acts allows the potential to permanently impose an exit ban on foreigners for nearly all acts that are determined by the Ministry of Justice as “harming the interest, public safety or order in the economy of the Republic of Korea” until the reason for the exit ban ceases to exist. (Immigration Control Act of Korea Article 4(1)5.) The Immigration Control Act of Korea, also, always Korean government agencies to request the imposition of

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Korea Immigration Deportation, Departure/Exit Orders: Immigration Law Basics

The Korea Immigration Service, a branch of the Ministry of Justice, has in the past few years increased enforcement actions against foreigners committing crimes and even cases of foreigners having charges dismissed by the Korea Prosecution Service.  Korean Exit Orders, Deportation Orders or other actions by Korea Immigration Service are challengeable at the Administrative Court for abuse of discretion. In most cases, it is near impossible to succeed in these challenges without an experienced and proactive attorney.  Because of Korean legal

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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 the nexus between your commercial and legal needs. Our attorneys

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Establishing Business with Korea via an Agent: Korean Agency Law Basics

For some companies wishing to establish business with Korea, the use of a commercial agency relationship may be an ideal way to establish your business presence in Korea. An agent relationship is often ideal when a company seeks to sell its products in Korea, but wishes to first evaluate and familiarize itself with the Korean market prior to establishing a distributorship relationship or establishing a legal presence in Korea via a subsidiary. In Korea, there is no one piece of

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