Double Jeopardy Protection in Courts in Korea: Right Not to be Tried in Korea for the Same Crime

The double jeopardy protection afforded by the Korean Constitution in Article 13 is applied in a different manner than in, most, common law nations. The application of Double Jeopardy, in Korea, allows the prosecution to have three chances to obtain a guilty verdict. Double Jeopardy in United States versus in South Korea In the United States, a defendant may not be tried for the same or similar offense, within a specific jurisdiction, when a “conclusion” is made in any court.

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Preparation for Korean Police & Prosecutor Interrogations & Witness/Defendant Questioning at Korean Courts

All good Korean attorneys prepare all clients for witness questioning & suspect interrogations in Korea. Clients may be subpoenaed to appear in a Korean police office, Korean prosecutors office or to appear as a witness or a criminal defendant in a Korean Court and should be thoroughly prepared by their attorneys. We at IPG, hear of too many issues of lawyers, only, telling clients to “tell the truth and don’t worry.” This is, obviously, not adequate witness or suspect preparation. We

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Settling with a Korean Insurance Company: Car Accidents in Korea

Regrettably, many Korean insurance companies, in Korea, are less than generous in offering settlements to unrepresented parties in injuries sustained by car, trucks, taxis and trucks. The various Taxi Associations’ insurance coverages are, particularly, notorious. The Korean insurance companies utilize an internal calculation method that leads to a settlement compensation amount that, often, are laughable at best with claim adjusters, at Korean insurance companies, are great at getting victims of motor vehicle accidents and other accidents, in Korea, to settle

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Korean Arbitration: An Introduction

Korean Arbitration has come a long way since the ratification of the New York Convention in 1973. The Korean Commercial Arbitration Board (KCAB) went from a small organization handling a handful of cases to, now, an organization handling hundred of arbitration cases each year. The number of international arbitrations is, also, on the rise. This article shall give readers the backstory of how Korean arbitration as a dispute mechanism tool has developed over the years in Korea; review the key

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The Case for Arbitration over Litigation in Korea

Many of you are prospectively weighing the options of executing contracts with and without arbitration clauses in Korean contracts (aka setting yourself up for prospective litigation battles in Korean courts or resolving a dispute in Korea with the help of an arbitration panel). Thus, this article is intended to consider the option of arbitration over litigation in Korea. In most cases, IPG recommends arbitration over litigation for expat companies doing business in Korea and/or with Korean companies. While of course

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Employment Support for Disabled Soldiers in the Line of Duty as per the Amended Korean Act on the Management of Civilian Personnel in the Military Service 2019

The bill on the Amendment to the Korean Act on the Management of Civilian Personnel in the Military Service (hereinafter as “Amendment to the Act on Civilian Personnel in the Military Service” or “Act”) was passed by the Korean National Assembly on March 28, 2019. The Act is intended to improve the financial and work-related recovery of Korean military soldiers, which are disabled by an injury during military service. History and Legal Background to the Amendment to the Act on

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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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Leading Commercial Arbitration Law Firm in Korea

IPG is one of the leading Korean law firms retained for international arbitration matters by multinational companies in need of efficient, proactive, and non-conflicted advocacy in Korea, North America, and East Asia. IPG was recently ranked as a top Dispute Resolution Law Firm and Sean Hayes is, consistently, ranked a Top 100 Attorney in Korea. We work on complex international commercial arbitration disputes, investor-state arbitration disputes, joint venture disputes, construction arbitration disputes, and a myriad of other commercial disputes for

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Korean Dispute Resolution Law Firm of the Year: IPG Legal

IPG’s Korean Office was awarded the distinction as the Korea Dispute Resolution Law Firm of the year by a well-known international business journal in the United Kingdom. The journal is known for producing tailored news and guides for multinational companies doing business in Asia, North America, and Europe. Update: IPG received this designation from 2020 to 2023. Additionally, Sean Hayes is consistently ranked by LawAsia as one of the only non-Korean lawyers as a Top 100 Attorney working in Korea.

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Korean Statute of Limitation in Civil Cases in Korea

The period of the Korean statute of limitation varies based on the type of wrong/breach, type of parties to the case, and details of the matter. The list below is a non-exclusive list of the major Korean Statute of Limitations. The following is an overview of the major periods of the statute of limitations in Korea. Statute of Limitation law is considered a part of the substantive law and not mere procedural law in Korea. The following is a list of

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