IPG Prevails in Lawsuit for American Veteran Shot by a Korean Police Officer

An IPG Legal attorney was quoted by the Korea Times in a case in which a U.S. Army Veteran was recklessly shot by a Korean police officer. IPG Legal prevailed in obtaining a civil damages award and also persuading the Korean Prosecution to indict the police officer responsible for the injuries. For a prior article on this issue please see: American Shot by Korean Police Officer. While not easy, IPG Legal proved it is possible to prevail in a case

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Korean Commercial Arbitration Boards New International Mediation Rules

The Korean Commercial Arbitration Board (“KCAB”) in a move to encourage more international mediation at the KCAB has adopted International Medication Rules. The International Mediation Rules of the KCAB are effective as of January 1, 2024. The KCAB is the, only, statutorily-authorized arbitration board in Korea. For an article on arbitration in Korea, please see Arbitration in Korea at the Korean Commercial Arbitration Board and an Introduction to Korean Arbitration. The International Mediation Rules of the KCAB are a reaction

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Top 100 Korean Lawyers & Legal Consultants in Korea

Sean Hayes, head of the Top Korean Dispute Resolution Law Firm of the Year was rated by LawAsia, one of the leading peer-reviewed publications in Asia, as a Top 100 Lawyer in Korea. Sean Hayes is one of the only non-Korean attorneys on this Korean Lawyer “A-list” and the only non-Korean that was on the list each year the list was published. Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of

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Korean Constitutional Court Strikes Down North Korean Anti-Pamphlet Law

The Constitutional Court of the Republic of Korea, a court I worked for six years, struck down a law from 2020 that criminalized the spreading of anti-Northern Korean pamphlets into North Korea by balloon and other means. The law imposed a potential penalty of up to three years in jail or a fine of up to KRW 30,000,000 (US$ 22,000). The Court voted 7-2 to invalidate the law, but noted that the Korean government can regulate the sending of pamphlets

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IP Implications of Chat GPT and Samsung’s Temporary Restrictions on Generative AI in Korea

Chat GPT by OpenAI has increased employee productivity and some employers have even incorporated it into their work systems for improved efficiency. However, Chat GPT brings up many legal issues that have not, yet, been litigated in courts. Chat GPT, an “artificial intelligence” (AI) service developed by OpenAI, has gained widespread popularity for its remarkable ability to comprehend language patterns and structures. Many companies, including those in the legal industry, are considering leveraging Chat GPT for tasks that require human-like

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Occupational Safety in Korea: Serious Accidents Punishment Act

The Serious Accident Punishment Act (“SAPA”) was passed by the Korean National Assembly and came into effect on January 27, 2022. With the implementation and recent expansion of the SAPA, we encourage all employers to do a comprehensive compliance audit. Some law firms, including this one, have attorneys and staff that can assist your team in doing a comprehensive audit. SAPA has greatly expanded the list of accidents that are applicable and significantly increased the penalties for breaking the law.

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Service of Process of Legal Documents in Korea explained by the Korean Supreme Court

The Korean Supreme Court has recently rendered a judgment highlighting the requirements for Korean courts to accept the service of legal documents, in Korea. In a case involving a dispute over the existence of a right of easement, the Supreme Court of Korea declared that merely listing an address in appeal documents is not sufficient if there is no possibility of receiving the legal documents at that location. This decision has far-reaching implications for those wishing to serve documents on

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Pending Bill in Korea Aims to Protect Crime Victims’ Identities

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

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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

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The “2023 Proposal” to the Korean Electronic Financial Transactions Act

On May 11, 2023, the National Policy Committee of the Korean National Assembly passed a bill known as the “2023 Proposal” on the Act on the Protection of Virtual Asset Investors (“Act”). The 2023 Proposal, which focuses on enhancing the protection of virtual asset investors, shall be finalized in the plenary session of the Korean National Assembly. The 2023 Proposal introduces the following key points to enhance investor protection: During the approval process, the Korean National Policy Committee also adopted

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