Proposed Korean Law Aims to Break In-App Purchase Monopolies of Apple and Google

In an article that appeared in The Register, it was reported that legislators in Korea are proposing a law that aims to break the monopolies of App Stores such as Google and Apple. In-app purchase (IAP) is defined by Real Simple as “any fee (beyond the initial cost of downloading the app, if there is one) an app may ask for.” Currently Google and Apple require their app developers to use their in-app payment services when someone wishes to make

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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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Constitutional Court Upholds Cellphone Ban While Driving

Long term foreign residents will note that the Korean Constitutional Court has upheld the rule banning the use of cellphones while driving. The court ruling stipulates that the ban isn’t a violation of the Korean Constitution. Using cellphones while driving increases the risk of traffic accident and should be banned to protect the life, body, and property of the people. The law allows certain exceptions that permit the use of cellphones in emergency situations, minimizing unecessary inconvenience. Korean Constitutional Court’s

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How Foreign Companies and Individuals can Collect Debts from Debtors in South Korea?

Many foreigners, both companies and individuals, seek our advice on how they can effectively collect debts from debtors with assets, businesses and/or residences in Korea. The following article details the major means of collecting on a debt in Korea. Collecting a Debt in South Korea from a Korean Debtor Hire an Experienced English-Speaking Korean Law FirmIt is crucial that you hire a Korean law firm with experience in collecting on debts for non-Korean or foreign-capital invested companies. Not all lawyers

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Immigration updates for Foreigners In Korea: Expiration of Visas

The Korean Ministry for Justice (MOJ) announced it is relaxing passport restrictions for foreign residents in South Korea. Under the new guidelines from the MOJ, long-term foreign residents shall be allowed to stay in the country after their passport expires. The MOJ announced it was giving foreign nationals in Korea an amnesty period until June 2022. Foreign nationals shall be allowed to stay in Korea for up to 12 months, even if their passport has expired. Once the amnesty period has expired,

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International Child Abduction in Korea: Removing a Child Back to the Country of Residence of the Custodial Parent via the Korean Courts Explained

On March 1, 2013, South Korea adopted and ratified The Hague Convention on the Civil Aspects of International Child Abduction (concluded 25 October 1980). The main goal of the Hague Child Abduction Treaty is to protect children under the age of 16 from being illegally removed or wrongfully retained in a signatory state. The Hague Child Abduction Treaty, in short, empowers courts and government to allow a parent to return an abducted child to the nation the child was abducted

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South Korean Gambling Laws Explained

Casinos and sports betting remain a risky venture within South Korea for locals and foreigners wanting to gamble online. Gambling is still strictly taboo amongst South Koreans, as the majority of land-based casinos cater to tourists and long-term expatriates residents. South Koreans are subject to strict gambling regulations. Koreans are limited to visiting Kangwon Land Casino on the outskirts of Seoul for legalised gambling. The Special Act on the Assistance to Development of Abandoned Mines, protects locals playing at Kangwon

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What is a Social Security Totalization Agreement?

The Social Security Totalization Agreement (“Agreement”) works by assigning social security coverage and, in turn, tax liability, to only one country, as determined by the rules of the particular agreement. Thus, these agreements allow you, in short, to avoid double taxation on the same earnings. The United States and South Korea executed a Totalization Agreement. Specific details of the Agreement may be found at: Social Security Totalization Agreement Between the U.S. & South Korea. Rules vary substantially, between agreement to agreement,

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How to Appeal a Korean Deportation Order or Exit Order?

If you are issued a deportation order or exit order by the Korean Immigration Service, you still have avenues to reverse this deportation order or exit order. The main thing you need to, immediately, do is contact an experienced lawyer and get the lawyer all information asked for by the lawyer as soon as possible. A foreign national may challenge an Deportation Order or exit order of Korean Immigration Service by two ways. First is through Administrative Appeal and second is

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Belgian Ambassador’s Wife on Assault Charge: Hiring a Proactive Defense Lawyer in Korea

Criminal assault cases involving members of the foreign community are serious business in Korea. The case of the Belgian Ambassador’s wife highlights the importance of engaging an experienced English-speaking criminal attorney. It was reported, that the Belgian Ambassador was recalled after his wife was caught in a second assault altercation. In May of this year, CCTV emerged of the Belgian Ambassador’s wife, Xiang Xueqiu slapping a shop assistant. Staff at the store believed that Mrs. Xiang may have been shoplifting

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Defamation on the Internet is a Criminal Offense in Korea

“Think before you click” is a social media campaign in Korea. Please note the truth is not an absolute defense to defamation in Korea. Additionally, defamation can lead to civil and criminal liability. The following article details Defamation Crimes and potential penalties. If you are interested to read more about defamation, please read our other articles at: Defamation on Trial and Definition of Defamation in Korea. The two primary laws that punish the crime of defamation committed orally, by means

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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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Korea has 4th Highest Number of International Patent Applications in the World

The Korean Intellectual Property Office made an announcement that South Korea has surpassed Germany and became the number four country in the world in international patent application to the World Intellectual Property Organization (WIPO). The first spot is taken by China, followed by U.S. and Japan for the second place and third place respectively. Last year, also, saw another record-breaking milestone as South Korea exceeded the 20,000 mark for the first time and submitted 20,060 international patent applications for 2020.

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Korean Tax Law Amendments for Individuals for 2021

The Korean National Assembly passed a proposal by the Ministry of Economy & Finance and the Ministry of Interior & Safety related to Taxation of Businesses and Individuals in December of 2020. The Amendments shall take effect in 2021. The following is a summary of the major amendments to Korea’s Tax Code and regulations related to individuals in 2021. For an article on Taxation for Corporations please see: Korean Corporate Tax Law Amendments for 2021. 1. Amendment to Administrative Fines

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Online Immigration Visit Reservation System to be Implemented in All Immigration Offices starting April 1, 2021

On March 8, 2021, Minister Park Beom Kye of the Ministry of Justice made an announcement that the online visit reservation system shall be implemented in all Immigration Offices starting April 1, 2021. We believe this system shall expedite the visa processing system. According to the Ministry of Justice, this system shall not, only, reduce long lines and waiting time of visitors, it will also ensure proper social distancing in compliance with COVID-19 regulations. The online visit reservation system shall

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Minimum Wage Increased in South Korea for 2021: Employment Law Update

The Ministry of Employment and Labor of South Korea has increased the minimum hourly wage by 1.5% for 2021 to KRW 8,720.00 compared to the 2020 minimum hourly wage of KRW 8,590.00. This new minimum hourly wage took effect on January 01, 2021. Moreover, in accordance with the hourly wage increase, the new minimum monthly wage, based on 209 working hours per month, will now be KRW 1,822,480.00 per month. The new minimum hourly wage also applies to both local

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Uncontested Divorce vs Contested Divorce in South Korea

Divorce in South Korea is governed by Korea’s Civil Code and it is divided into two types. The first one is uncontested divorces which are also known as a “divorce by agreement.” This type of divorce, as the name implies, requires agreement of the husband and wife that they wish to divorce. The second type of divorce is the contested divorce also called as “judicial divorce.” This type of divorce is resorted to by spouses when one spouse asserts the

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Wrongful Termination in South Korea

South Korea is not an “at-will” employment country which means that employer may not dismiss an employee for any reason nor without warning or notice. And under the Labor Standard Act, an employer who has five or more employees may not dismiss or suspend from work any of its employee without justifiable cause. And even with the presence of justifiable cause for dismissal, the employer is still required to give a minimum of 30 days advance notice to the employee

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

Severance pay (retirement pay) is the compensation that an employee is entitled to receive from his employer once the employment has ended. And under 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 Severance Obligations in Korea after Acquisition of

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