Legal Reserve of Inheritance for an Estate in Korea

Korea’s Legal Reserve of Inheritance/mandatory share of inheritance (유류분/遺留分) is a specific portion of an inheritance given to heirs notwithstanding the will. Therefore, for example, even if the will notes that a certain estranged child shall not receive any of the inheritance, Korean Law imposes a mandatory share of the estate for this heir. Therefore, the deceased is forced by Korean law to provide a certain percentage of the estate to all legal heirs under Korea’s Inheritance Reserve Law. For an article

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Punishment in Korea for Not Paying Korean Child Support

Korea has legal tools in place to punish a person who refuses to pay child support. We advise, if you have a child support order to not sit on your rights, and if payment is not made, consult an attorney and get the process moving in order to enforce your rights. If you have not been awarded child support it is advisable to read the following article: Korean Child Support Basics explained by IPG Legal and Calculating Child Support in

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Korean Corporate Tax Rate

The Korean Corporate Income Tax law was amended to lower Korean corporate income taxes for 2023. The amendment is applicable for the year 2023 or until amended. For an article on the reduction in Korean Stock Transaction Taxes please see: Korean Stock Transaction Taxes.  Tax Basis 2022 (Local Income Tax) 2023 (Local Income Tax) Less than KRW 200 million 10% (11%) 9% (9.9%) KRW 200 million to KRW 20 billion 20% (22%) 19% (20.9%) KRW 20 to KRW 300 billion

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Korean Statute of Limitations for Unpaid Wages in Illegal Worker Dispatch Cases in Korea

The Supreme Court of Korea ruled in April of 2023 for the first time on the statute of limitation for damages claims based on an illegal dispatch of workers in Korea. The Supreme Court of Korea ruled that the statute of limitations clause under Article 766 of the Korean Civil Code and not the statute of limitations clause under Article 49 of the Korean Labor Standards Act should be applied to unpaid wage claims filed by a subcontractor’s employee against

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Korean Forum Non-Conveniens Doctrine under Korea’s Private International Law Act

The main law that governs international jurisdiction over cases in Korean courts is Korea’s Private International Law Act. A major amendment to the Act became law in July 2022. The prior law was criticized for leaving too much discretion to courts and not providing detailed rules regarding the application of international jurisdictional norms to Korean jurisprudence. The prior Korean Private International Law Act contained, only, one Article related to jurisdiction, while the present act contains 35 details provisions on international

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Extradition to Korea: Korean Extradition Law Explained by IPG Legal

Korean Extradition Law is based on international treaties, Korean jurisprudence, and Korean statutory law. Korea is a party to 78 extradition treaties, including, treaties with the majority of the European Union, Asia, North America, and the majority of the developed and recently developed world. An IPG Legal attorney is, likely, the only foreign attorney working in Korea who has experience with extradition cases from the United States to Korea. Sean Hayes, recently, handled an extradition case – the details of

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Renunciation of Korean Nationality Bill Passes the Korean National Assembly

The Korean National Assembly passed, in September of 2022, a bill to clarify and revise the procedures for the renunciation of Korean citizenship. The revised Korean Renunciation of Korean Nationality law shall allow some additional men to not have to serve in the Korean Military. However, a newly inserted clause shall allow nearly unfettered discretion to Korean Immigration Services to determine who may renounce Korean citizenship. Requirements to Renounce Korean Citizenship In order to renounce your Korean citizenship you either

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Can Foreigners without Marriages Registered in Korea Divorce in Korea?

Expats without a marriage registered in Korea, can, typically, divorce in Korea. If a marriage is registered in a country recognized by the government of the Republic of Korea, the Korean Family Court shall, normally, consider the marriage a valid marriage in Korea. Exceptions exist for marriages against public policy (e.g. plural marriages and marriages with a minor). Additionally, Korea’s Act on Private International Law allows for a divorce in Korea if the family relationship or the dispute leading to

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IP Implications of Chat GPT and Samsung’s Temporary Restrictions on Generative AI in Korea

Chat GPT by OpenAI has increased employee productivity and some employers have even incorporated it into their work systems for improved efficiency. However, Chat GPT brings up many legal issues that have not, yet, been litigated in courts. Chat GPT, an “artificial intelligence” (AI) service developed by OpenAI, has gained widespread popularity for its remarkable ability to comprehend language patterns and structures. Many companies, including those in the legal industry, are considering leveraging Chat GPT for tasks that require human-like

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Does Korea have Common Law Marriage?: Korean Common Law Marriage (De Facto Marriage) Basics

While the concept of a Korean Common Law Marriage (since Korea has no concept of a Common Law) does not exist, Korea has a similar law to the laws, in parts of the United States and other common law countries, often referred to as Common Law marriage. FYI – few U.S. States recognize common law marriage. In Korea, the concept of Common Law Marriage is referred to as De Facto Marriage. In Korea, all “legal marriages” are marriages that are

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