On May 29, 2026, the Supreme Court of Korea issued a landmark decision regarding the division of unlisted shares in a divorce property-division case. The ruling is significant because the Court expressly addressed how courts should approach cases where a large portion of the marital estate consists of founder-held shares in a privately held company. The Court recognized that a cash settlement, commonly referred to in Korean practice as daesang-bunhal or compensatory division, is often the most practical method for dividing unlisted shares. However, the Court made
Continue readingTag: Divorce in Korea
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 the divorce has a substantial relationship with
Continue readingUncontested Divorces vs Contested Divorces 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 Korean divorce is the contested divorce also called as “judicial divorce.” This type of Korean divorce is resorted to by spouses when one spouse asserts the spouse wishes not to divorce
Continue readingChanges to the Korean Immigration System means more Opportunities for Single Parents to Work in Korea
The Korean Times, recently, reported that the Ministry of Justice is looking at changes to the Immigration System to allow single parents to remain in South Korea with their adult children. The proposed changes are significant as it allows the provision for foreign residents to remain in the country provided they meet specific benchmarks for the resident F-2 visa. Migrants who were previously married to a Korean citizen will now be eligible for this visa, in the event of divorce or the death of a spouse. In
Continue readingGrounds for Divorce in Korea: Korean Divorce Law Basics
Foreigners may file, in most cases, for divorce in Korea if one party to the divorce resides in Korea or the parties agree to the jurisdiction of the Korean Family Court or local Korean court. Korea does not restrict those under SOFA, diplomats, and non-permanent residents from filing for divorce in Korea. For additional information on divorce in Korea, please see: Getting a Divorce as a Foreigner in Korea. However, if the non-filing party to a divorce wishes to stay married, the filing party must prove that
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