Many non-Korean workers for Korean and international companies doing business in Korea are hired under the title Director. Many of these workers are, in reality, executive employees working as executive-level managers. Many of these workers are “employees” under the Korean Labor Standards with all of the protections afforded employees. For an article on the dismissal of Foreign Executives in Korea please see: Unfair Dismissal of Foreign Executives under Korean Term Contracts and Dismissal of Employees in Korea. Korean Labor Standards
Continue readingCategory: Korean Litigation
Do you Need to Enter the Korean Market via a Joint Venture/Partnership?
One of the major parts of our law practice here at IPG Legal for international clients, in Korea, is the structuring of joint ventures and the resolution of joint venture disputes in Korean courts and through arbitration. I find, in many of these cases, the non-Korean party is not in need of a joint venture with a a Korean party to succeed in Korea and the Korean party does not realize or has no intent in satisfying obligations under the
Continue readingFiling a Petition to a Korean Ministry of Employment & Labor’s Labor Office in South Korea
Filing a petition to the Korean Labor Office in Korea in your area is the first step for some employees in Korea who assert that their labor rights under Korean Labor Law are violated. In many cases, it is advisable to not file with the Ministry of Employment & Labor’s (MOEL) Labor Office, but file, directly, to a Korean District Court. This discussion of the proper forum for a dispute in a Korean labor law case is beyond the scope
Continue readingAre you a victim of a Scam in Korea? Filing a Civil and Criminal Complaint in Korea Against a Fraudster.
Being scammed or falling into a trap by fraudsters or scammers is one of the biggest nightmares for anyone. Unfortunately, it can happen to the best of us, but what you do afterwards is what sets you apart from others. You can take a legal action against your perpetrator in Korea and your case would either fall under the category of a civil case and/or a criminal case depending on the matter. In most cases, we believe it is advisable
Continue readingLegal Document Service in Korea via Hague Service Convention
The Hague Service Convention, also known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, is an international treaty that provides for the service of judicial and extrajudicial documents between countries. South Korea is a signatory to the Hague Service Convention, which means that documents must be served between South Korea and other signatory countries according to the provisions of the Convention. For another related article please see: Enforcement of Foreign Judgments
Continue readingDetention of Criminal Suspects in Korea under Korea’s Criminal Procedure Law
The Korean Criminal Justice System works, in many aspects, very differently from the American, Australian, Canadian, Irish, UK and other Criminal Justice Systems based on the common law. One, notable, difference is in regard to the detention of a suspect prior and during to a trial/hearing in Korea. One aspect of the system that leaves many of our clients puzzled is the pre-trial detention system in Korea. Korea’s Criminal Procedure Act, Article 92 details the maximum detention periods while the
Continue readingDivorce 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
Continue readingRelease of an Arrested Vessel in Korea: Maritime Liens in Korea
We wrote an article about the Arrest of Vessels in Korean waters in a post last week. The article is a useful guide for those considering arresting a ship in Korean waters. The post may be found at: Arrest/Attachment of Vessels in Korean Waters: Maritime Liens for Creditors in Korea. This post describes how you may obtain the release of a vessel arrested in Korea waters. The Korean Courts have put in place an efficient post-arrest procedure that, often, quickly
Continue readingWhat 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
Continue readingDefinition 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
Continue readingDismissal 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
Continue readingRequire 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
Continue readingGarnishing 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
Continue readingKorea 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
Continue readingKorea’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
Continue readingDebtor’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
Continue readingSean 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
Continue readingIPG 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
Continue readingLast 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
Continue readingLast 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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