Those abroad or in Korea frequently struggle to comprehend how to safeguard their elderly parents, or family members who are residing in Korea. Don’t fret, a system is in place in Korea to assist families in need. Korean Guardianship Law was revised to meet the growing need for guardians in Korea. For a list of the type of Guardians in Korea please see: The Formalities under the Guardian Law of Korea The need for adult guardianship among seniors residing in
Continue readingTag: English-speaking lawyers in Korea
The Formalities under the Guardian Law in Korea
Often we assist clients with family member or friends in Korea that are better off under the care of a trustworthy person who can manage their personal and property related responsibilities. Under Korean law, it is possible for a court to appoint a guardian to take care of the best interest of a ward. A “ward” is a person who lacks the capacity, either physically or mentally, to take care of themselves. Thus, courts in Korea can appoint a guardian
Continue readingMergers & Acquisitions in The Korean E-Commerce Market: Opportunities for Foreign Niche E-Commerce Sites
First-generation Korean e-commerce enterprises are currently working to integrate recently acquired businesses and create new business prospects in the fiercely competitive E-commerce market of Korea. Last month, Korea Center, the owner of Enuri.com, the nation’s oldest online shopping mall and Danawa, another local e-commerce business, merged. In order to increase their ability to compete in the market, the two businesses intend to operate their e-commerce platforms independently while eventually building an integrated system forthe analysis of online shopping data. The
Continue readingCriminal Record Checks in Korea
We assist expats who have lived in Korea with Korean Police Clearance Certificates and Korean Criminal Record Check Certificates. The process to obtain these records, in Korea, is regrettably not so easy in many cases, because of a new Korean Law. Why is a Criminal Record Check needed? A criminal record check in Korea is typically required for some jobs, including teaching positions, as proof that the applicant did not commit any crimes while in Korea. It is also required
Continue readingKorea’s DUI Law Explained by Defense Lawyers in Korea
As many people are already aware, driving under the influence is dangerous and can lead to serious legal consequences in Korea. Korea has one of the world’s most strict DUI Laws. In order, in part, to fight the stigma of Korean having one of the highest road fatality rates in the OECD, the present Korean DUI Law was enacted. The law is intended to warn drivers that they should not drive even if they have one drink. Even one shot
Continue readingDefenses Under Korean Law for Sex-Related Crimes Perpetuated in Korea
In this post we’ll discuss the Defenses in Korea that may be used in the Korean courts against sex-related accusations. A. When the accused acknowledges the allegationsIf the defendant reaches a settlement with a victim, normally, the Defendant shall receive the least serious criminal charge if he voluntarily acknowledges the crime and settles with the alleged victim. The alleged victim of sex-related offences typically has access to a public attorney in order to facilitate a settlement and defend the interests
Continue readingDivorce in South Korea: Divorce by Agreement & Divorce by Court Order in Korea
A Basic Explanation of the Types of Divorces in Korea. Under Korean law, there are two types of divorces. One is divorce by mutual agreement and the other is divorce by court order. agree to dissolve their marriage amicably. We advise, in all but the most exceptional of matters, to engage a lawyer in Korea to obtain a divorce by court order (judicial divorce) and forgo a divorce by mutual agreement to insure that the divorce is recognized in all
Continue readingThe Korean Tax Law Reform Proposal of 2022
The Korean Ministry of Economy and Finance plans to submit the following Korean Tax reform proposal to theNational Assembly and seeks approval before the 2nd of September 2022. The Korean Tax Reform Plan consists of changes with an emphasis on three goals of the new administration: Tax Incentives for foreign professionals working in KoreaThe Korean Government intends to extend a 50% cut to income taxes for highly skilled foreign engineers to 10 years from the current criteria of 5 years.
Continue readingWhat Constitutes an “Employee” under Korean Law?
Who is an Employee/Worker under Korean Law with the Rights and Protections under Korean Labor Standards Acts and Related Laws & Regulations? The definition of an employee in Korea is a topic that had filled books. The following is a brief introduction to an issue that IPG Legal litigates for foreign employees of Korean companies and for foreign companies doing business in Korea. IPG Legal is the go to law firm for expats and foreign companies doing business in Korea
Continue readingForeign Franchisees Joining the Korean Franchise Association
The Korean Franchise Association is an organization that is authorized/licensed by the Korean Ministry of Trade, Industry & Energy. All domestic and foreign franchises that have registered Franchise Disclosure Statements with the Korean Fair Trade Commission can apply to the Korean Franchise Association. IPG Legal believes, most foreign franchisors, should join the Korean Franchise Association. The KFA is an excellent resource for market intelligence and an excellent conduit to understand the unique aspects of the Korean franchise market and Korea’s
Continue readingDismissal of Employees in Korea: Supreme Court of Korea Precedent
The Korean Supreme Court ruled, in March of 2018, that a company may terminate employees for one incident of employee gambling. The case is a precedent that may make it easier for employees to terminate employees that violate certain company rules without the need to provide notification and an opportunity to improve. The case stems from the termination of bus drivers that were caught on one occasion gambling prior to driving buses. The lower courts ruled, in short, that gambling
Continue readingWrongful Termination in South Korea
South Korea is not an “at-will” employment country, which means that an employer may not dismiss an employee for any reason nor without warning or notice. Under the Korean 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 the employer can establish justifiable cause for dismissal, in Korea, the employer is still required to give a minimum of 30-days advance notice (or
Continue readingHow to Retain an English-Speaking Attorney in Korea by Tom Coyner
There are excellent and ethical attorneys in every country; this is certainly also the case in Korea with Korean attorneys and international attorneys working in Korea. While all are no doubt intelligent and highly educated, the manner in which many approach their clients’ needs harkens more to the early 20th century than the cusp of the 21st century. Unfortunately, most Korean attorneys fail to appreciate or care to consider the commercial context of their counsel. Based on what one reads
Continue readingDrafting of Korean Distribution Agreements for your Distributor in Korea.
Drafting of a Korea-centric distribution agreement and a good deal of due diligence of the anticipated distributor/agent is necessary for avoiding issues that may require the litigation services of a law firm. Some of the articles posted by IPG Legal on Due Diligence may be found at: Doing Business in Asia: Due Diligence, Agreements, Attorneys and Street Smarts Listen to My Mother: JVs in Korea (Translated from Korean) Debt Collection Cases in Korea on the Rise: Due Diligence Brother I have
Continue readingKorean Independent Contractor Risks and Obligations under Korea LSA Speech to Amcham Korea
During a recent speech the head of the Korean Labor & Employment Law Team and I gave to the American Chamber of Commerce in Korea, a few interesting topics came up that seemed to be of particular interest to participants. For the Power Point of the presentation click HERE. Factors Courts use to Determine if an Individual is an Employee and Thus Obligated to Provide Severance and Employment Security etc. Under the Korea Labor Standards Act (LSA). These following factors
Continue readingGarnishing Wages in Korea: Collection of Debts in Korea
I received a call from a friend asking about information concerning collecting on a personal debt. He loaned money to a “friend” and the friend never made a payment on the loan. I advised one of the ways to encourage payment is via garnishing wages. Korea has an effective and efficient method of garnishing wages. In Korea, after a judgment or order to pay by a court, a plaintiff can collect on an unpaid debt through garnishing wages. Garnishing of
Continue readingHow to Successfully Manufacture OEM in Korea: First Break Products Down to the Threads
While China is the factory to the world, Korea is, still, a great choice for those that enjoy less headaches. Even though Korea tends to be easier to painlessly manufacture OEM in, Korea is not without risk or pains. Thus, we advised over the years on these pages to, always, do your due diligence in Korea. We see an alarming number of cases of fraud and, also, an alarming number of cases where a product infringes on a patent or
Continue readingProtecting your Intellectual Property Rights in Korea: Avoid “Trying Different Things & Smoking Funny Things”
A popular song regularly played on the radio proclaims that in the summer of 1989 the songwriter, Kid Rock, was “trying different things and smoking funny things.” If you have any exposure to the Korean market, do your business a favor and don’t be like the songwriter. All business with any exposure to the Korean market must have a plan in place to protect their intellectual property. Thus, for the sake of your company, at a bare minimum, you should
Continue readingKorean Labor Law Checklist for Employers and Employees
The Korean Ministry of Labor created this list with revisions by Sean Hayes and IPG. I will update the list periodically. The checklist is intended for all employers that employ five or more workers. The list contains many generalizations, thus, don’t take this as the end all list. I suggest, also, clicking on the label to the right entitled Korean Employment Law. Please note that Korea’s Labor Law is evolving rapidly, thus, this list may not reflect recent changes. KOREAN
Continue readingAudit Proof your Independent Contractor Expenses
I just read a great post on an even better blog entitled the New York Small Business Law Blog. The blog post – Tips on Making your Independent Contractors Audit Proof – notes that the feds are increasing their efforts to crack down on misclassified independent contractors. They advise the attorney gave on how to avoid the scrutiny of the government would have also been useful for a client of ours that ran into an issue with the Korean National Tax Service and the Ministry
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