Korean Intellectual Property Theft Enforcement/Monitoring Program by IPG Legal

Because of an increase in interest from clients in flat-fee services, we have created a Flat-Fee Billed IP Theft Enforcement & Monitoring Program for our Korea & China offices. The fee scale is based primarily on the following factors: Geographical Scope of the IP Monitoring; Number of Cease & Desist Letters Mailed; If the IP Theft will be Reported to the Prosecution; and If a Civil Suit is Required to be Filed. We are utilizing the same group of retired Korean judges, prosecutors, and attorneys for this

April 16, 2026 Sean Hayes

Dealing with Korean Employees and Suppliers by Tom Coyner

*This is a post by Tom Coyner from nearly two decades ago. We thought that, given recent employment law changes in Korea, the post would be a useful repost. Even for so-called Old Korean Hands, knowing what to expect, without knowing why, can lead to needless frustrations and often delays in getting things done in business in Korea. As the old adage goes, time is money, so knowing the root causes of delays offers potential insights on how to clear log jams. While we do not have

April 9, 2026 Sean Hayes

So Young YOON and Sean HAYES appeared on Canadian TV: How a B.C. romance scam victim is coping behind bars in South Korea as trial approaches

Sean Hayes and So Young Yoon appeared on CTV in a criminal matter in Korea, which IPG Legal is assisting with on a reduced-fee basis, as we believe is part of our duty to the Korean legal system and expats in Korea. For additional articles on Korean Criminal Law, please see: IPG Legal’s Criminal Law Archive. Her lawyers argue Parks was unknowingly manipulated into transporting the drugs by someone she believed she was in a relationship with online. “We genuinely believe that No. 1, she didn’t know what was in the packages

April 6, 2026 Sean Hayes

Korean Custom Clearance Jurisprudence at the Supreme Court of Korea: “Real Doll” Harm to Public Morals Case

The Supreme Court of Korea ruled that the withholding of customs clearance by a Korean customs office for the importation of “real dolls” into Korea was unlawful ( 2021du49857 ). The Korean customs office held that the prohibition was justified because, in its opinion, the dolls may harm “pubic morals,” and Korea’s Customs laws and jurisprudence permit prohibiting the import of goods that may harm public morals even without a substantiated iteration of an argument noting that the prohibition is likely to harm public morals. In South Korea,

April 2, 2026 Sean Hayes

Korean Constitutional Court Upholds Use of Video Testimony for Disabled Sexual Assault Victims: Korea’s Confrontation Clause Jurisprudence

The Constitutional Court of Korea upheld the constitutionality of a controversial evidentiary provision permitting the use of pre-recorded video statements of certain sexual assault victims. In a split 4–5 decision (Case No. 2023Heonga20), the Court declined to invalidate Article 30(6) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Six votes are required, under Korean Law, to strike down a statute, and the Court received 5 votes to invalidate the law in question. For additional articles on Korean Constitutional Law and Criminal

March 26, 2026 Sean Hayes

Amendment to Korean Constitutional Court Act

In February 2026, the Constitutional Court Act of Korea was amended to allow constitutional complaints against court judgments. Prior to this amendment, court judgments were excluded from the scope of Constitutional Court review. The author of this article is the first non-Korean attorney to work for the Constitutional Court of Korea and for the Korean judicial system. Major Revision to the Korean Constitutional Court Act Article 68(3) (Added to the Constitutional Court Act of Korea)The Amendment allows the filing of a petition against a final and conclusive

March 23, 2026 Sean Hayes

Korean Supreme Court Limits Enforceability of Trust Registers Against Third Parties

The Korean Supreme Court, in Decision 2022Da233164 (February 13, 2025), significantly limited the extent to which provisions in Korean trust agreements that were attached to trust registrations may be enforced against third parties. This decision clarifies a long-standing uncertainty in Korean trust law and Korean real estate law. This decision has material implications for trustees, landlords, tenants, and investors dealing with trust-held real property in Korea. Under the Korean Real Estate Registration Act, a trust registration must include a trust register, and in practice, the trust agreement

March 18, 2026 Sean Hayes

Are MOUs & LOIs Legally Binding in Korea? Enforceability of MOUs and LOIs under Korean Law

Foreign companies and individual investors entering the Korean market sometimes assume that a Memorandum of Understanding (MOU) is merely a non-binding document used to outline preliminary discussions and thus not enforceable under Korean Law. Under Korean law, that assumption is frequently wrong and sometimes leads to litigation and even criminal complaints being filed to the Korean Prosecution Services. An MOU in Korea may be fully enforceable, partially binding, or non-binding, depending not on its title but on its content, structure, the parties’ course of dealing, and their

March 18, 2026 Sean Hayes

Korean Immigration and the Administrative Court on Granting a Visa for Mongolian Student to Complete Masters Degree at a Korean University

An administrative court in Korea has ruled that it was valid to deny a foreign student’s request to extend their stay to meet the requirements for graduation from graduate school. On February 12, 2026 , the Jeonju District Court Administrative Division 1-1 (Presiding Judge Lee Dong-jin ) ruled against a Mongolian national who sued the Director of the Jeonju Immigration Office seeking the annulment of the decision to deny the extension of the period of stay ( 2025Guhap1267 ). Facts Jeonju Court Decision The Jeonju District Court

March 12, 2026 Sean Hayes

Shall Korean Bonuses be Utilized for Calculating of Average Wages for Severance Payment Calculation Purposes?

The Supreme Court of Korea ruled that Hanwha Ocean (formerly Daewoo Shipbuilding & Marine Engineering)’s performance-based bonuses should not be considered wages for the calculation of severance payments under Korean Law. For additional articles on Korean Employment & Labor Law, see: IPG Legal’s Labor & Employment Law Archive On March 12, 2026, the Korean Supreme Court (2025da210219) upheld a lower court’s ruling in favor of the defendants in a lawsuit filed by 972 current and former Hanwha Ocean employees seeking severance pay based not only on salary

The Korean Law Blog by IPG Legal Law Firm