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 Korean party to succeed in Korea and the Korean party does not realize or has no intent in satisfying obligations under the joint

Continue reading

Filing 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 reading

Are 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 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 to

Continue reading

Legal 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 reading

Detention 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 reading

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

Continue reading

Release 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 Korean waters. The Korean Courts have put in place an efficient post-arrest procedure that, often, quickly

Continue reading

What Constitutes an “Employee” under Korean Law?

Who is an Employee/Worker under Korean Law with the Rights and Protections under the Korean Labor Standards Acts and Related Laws and regulations? The definition of an employee in Korea is a topic that has 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 reading

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

The courts of the Republic of Korea, for years, have 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 reading

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

Continue reading