Divorce in South Korea: Divorce by Agreement & Divorce by Court Order in Korea

A Basic Explanation of the Types of Divorces in Korea. Under Korean law, there are two types of divorces. One is divorce by mutual agreement and the other is divorce by court order. agree to dissolve their marriage amicably. We advise, in all but the most exceptional of matters, to engage a lawyer in Korea to obtain a divorce by court order (judicial divorce) and forgo a divorce by mutual agreement to insure that the divorce is recognized in all

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What Constitutes an “Employee” under Korean Law?

Who is an Employee/Worker under Korean Law with the Rights and Protections under Korean Labor Standards Acts and Related Laws & Regulations? The definition of an employee in Korea is a topic that had filled books. The following is a brief introduction to an issue that IPG Legal litigates for foreign employees of Korean companies and for foreign companies doing business in Korea. IPG Legal is the go to law firm for expats and foreign companies doing business in Korea

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Definition of “Ordinary Wage” in Korea: Korean Employment & Labor Law Basics

The courts of the Republic of Korea, for years, has struggled to find a consistent interpretation of an “Ordinary Wage.” The definition of Ordinary Wage, under Korean Law, was clarified by the Korean Supreme Court in two decisions handed down on December 18, 2013. The calculation of Ordinary Wages is important, since the calculation is utilized to calculate statutory entitlements, and thus has an impact on the aggregate amount of contributions necessary to be paid to employees. For example, according

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Dismissal of Employees in Korea: Supreme Court of Korea Precedent

The Korean Supreme Court ruled, in March of 2018, that a company may terminate employees for one incident of employee gambling. The case is a precedent that may make it easier for employees to terminate employees that violate certain company rules without the need to provide notification and an opportunity to improve. The case stems from the termination of bus drivers that were caught on one occasion gambling prior to driving buses. The lower courts ruled, in short, that gambling

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Require a Injunction in a Korean Court Against your Former Korean Franchisee for Competing Against your New Korean Franchisee?

Under the Fair Franchise Transactions Act of Korea (“Franchise Act”), a franchisee has the right, under Korean Law, to request the renewal of a Korean franchise agreement after ten years of successful operation of a franchise.  In some cases this reality leads to a Former Franchisee continuing the franchise in competition with your new franchisee. We wrote about termination of a Korean franchise in other articles including: Termination of a Franchise in Korea.  Also, you can view other articles on

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Garnishing Wages in Korea: Collection of Debts in Korea

I received a call from a friend asking about information concerning collecting on a personal debt. He loaned money to a “friend” and the friend never made a payment on the loan.  I advised one of the ways to encourage payment is via garnishing wages. Korea has an effective and efficient method of garnishing wages. In Korea, after a judgment or order to pay by a court, a plaintiff can collect on an unpaid debt through garnishing wages. Garnishing of

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Korea Divorce Checklist for Negotiation of a Marital Separation Agreement in Korea

The following Korea divorce checklist may be useful for those negotiating a marital separation agreement in Korea. We highly recommend the utilization of a marital separation agreement, since the normal Korean judgment doesn’t consider some issues that may arise in the future including pension and social security that are addressed in a typical marital separation agreement.  In most cases, it is advisable to retain a lawyer to assist with you divorce. The average Korean lawyer that doesn’t handle many divorces

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Korea’s Fairness in Subcontracting Transactions Act Amendments of July 2021

The Korean National Assembly passed a bill in July of 2021 that amends the Fairness in Subcontracting Transactions Act (“Subcontracting Act”). The Act makes major changes with regard to discovery in litigation and aims to protect the intellectual property/confidential data/technical data (“Technical Data”) of subcontractors from poaching by prime contractors. For another article on Korea’s Subcontracting Act please see: Fair Transactions in Subcontracting Act of Korea: So Buyer Beware or Simply Avoid the Risk and Buy the Seller. 2021 Amendments

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Debtor’s Liability to New Owner after Transfer of Business and Trade Name

A developer recently contacted IPG Legal concerning a dispute with a supplier of building materials.  The developer purchased building materials from a supplier with payment to be forwarded 30-days after receipt of the materials. This is a common practice when a supplier has a long-term relationship with a developer, provides a consistent flow of supplies to a developer, and the developer is solvent. Here comes the problem.  The supplier was sold and the business and trade name was transferred to

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Sean Hayes Interviewed on the Shooting of Carlos Lopez by the NYPD

Our New York office’s managing partner, Attorney Sean Hayes is representing, pro bono, the family of Carlos Lopez who was killed in 2003 by NYPD. According to the family of Mr. Lopez, NYPD undercover police officers responding to a shooting mistook Mr. Lopez as the perpetrator of the shooting. Witnesses noted that Mr. Lopez was not involved in the shooting, no gun was found on Mr. Lopez, no gun residue was found on Mr. Lopez and Mr. Lopez was not

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IPG Legal Thwarts the Korean Government’s Attempt to Extradite an American Former Service Member to South Korea

IPG Legal won a release for an American national in an extradition case pending in a U.S. Federal Court by obtaining the Re-Opening of a Finalized Judgment in Korea and obtaining the release of the American national on bail. The American Defendant was held in a jail in America for over seven months until retention of IPG Legal and Hayes & Simon, P.C. in New York City. Sean Hayes argued for the Defendant in a U.S. Federal Court in the United

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Last week’s Recap of the Top Legal Headlines in South Korea for the week of July 26, 2021:

South Korea tables law to remove app stores’ in-app purchase monopolies Korean parliament set to allow direct seizure of crypto assets Anti-Google law gaining strong support from US business groups in Korea Korean crypto exchanges set to come under extra pressure from authorities Employers set to be punished with imprisonment over workplace disasters You may schedule a free initial consultation with a lawyer at: Please Schedule a Call with an Attorney. Latest Posts: The Signs of a Great Criminal Lawyer

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Last week’s Recap of the Top Legal Headlines in South Korea for the week of July 19, 2021:

Korean Teacher gets suspended sentence for homework assignment Optimus Asset Management CEO sentenced in Korean Fraud Scandal Google Anti-Trust :aw set to come in effect in South Korea Korean Government claims that tenant protection laws are providing benefits South Korea tightens cryptocurrency regulations You may schedule a free initial consultation with a lawyer at: Please Schedule a Call with an Attorney. Latest Posts: The Signs of a Great Criminal Lawyer in Korea | English-Speaking Criminal Defense Attorney in Seoul English-Speaking

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Filing a Complaint to the Merit System Protection Board from within Korea

The Merit System Protection Board (MSPB) is a U.S. government agency protecting the rights of US employees. US Federal employees in South Korea are entitled to the same protections, under U.S. Law as employees based in the United States. The United States attorneys at IPG Legal have extensive experience handling appeal matters at the Merit Systems Protection Board (MSPB), grievances under the Negotiated Grievance Procedure and complaints to the Equal Employment Opportunity Commission (EEOC). We have worked with GS and

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The Weekly Docket: Korean Legal News from International Law Firm IPG Legal

Last week’s Recap of the Top Legal Headlines in South Korea for the week of July 12, 2021: Korean government seeks to improve the legal status of animals Netflix appeals against first trial defeat in Seoul, Korea over network fees R-Rated Minecraft reignites controversy over Korean game classification laws Korean Government to strengthen social distancing measures in remote areas Anti Bullying laws in Korea face further scrutiny You may also schedule a free initial consultation with a lawyer if you

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Whistleblower Protections in Korea Expanded through revised Whistleblower Protection Act

Korea’s Whistleblower Protection Act is, often, criticized for having a too limited scope, since it narrowly covered specific iterated Korean government statutes. Thus, many in Korea have pushed for an expansion of the law to cover a more broad range of Korean laws. With this reality in mind, the Korean Whistleblower Protection Act was expanded to cover 467 statutes up from the prior 284 statutes. The amendment was effective since November of 2020. This Amendment led to many Korean government

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What Do You Need To Know About Severance Pay in South Korea?

Korean Severance pay (retirement pay) is the compensation that an employee in Korea is entitled to receive from his employer doing business in Korea once the employment has ended. Under Korean Employee Retirement Benefit Security Act, a regular full-time employee in South Korea shall receive a severance pay within 14 days from termination of employment. The amount of severance pay is equal to employee’s one month salary for every year of consecutive service. For similar articles, you may read: Statutory

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Calculation of Korean Hourly Wage Rate under the Minimum Wage Act of Korea

Korea’s minimum wage as per the Korean Minimum Wage Act in 2019 is determined by the Minister of Employment & Labor as KRW 8,350 per hour. The latest decisions of the Supreme Court developed a calculation standard/method for determining an hourly wage rate that is not in line with the opinion of the Ministry of Employment & Labor. In many such cases, a Ministry, simply, pushes to amend the law. This matter is important, since the standard hourly wage rate

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Korean Intestate Succession Law: Inheriting Property from your Korean-National Parents

We assist numerous clients concerning intestate succession issues in Korea. Many of these clients are foreigners who are children of a Korean decedent who passed away without a will. Typically, the clients are in need of an asset scrub and assistance in the transfer of the assets to the name of the client and forwarding of the funds overseas. Please note this present article deals, solely, with Interstate Succession under Korean Law. If your parent was, solely, a national of

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Provisional Attachments of Assets in Pending Litigation in Korea Courts

A party attempting to collect on a debt or potential liability based on breach of contract or torts in Korea may obtain a Provisional Attachment of an Asset. Another useful tool to expedite proceeding in a Korean civil matter is to Obtain a Payment Order from a Korean Court.  A provisional attachment is considered provisional, since the attachment is executed prior to the final judgement. The, facial, purpose of a provisional attachment is to secure assets necessary for enforcement in cases where

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