If you’ve ever wondered how to bring cargo claims under the Maritime Law/Shipping Law in Korea when South Korea is not a signatory to any international conventions governing the shipping of goods by sea, such as the Hague-Visby, Hamburg, or Rotterdam conventions, Continue reading to find out. For information on arresting a ship in Korea please see: Arrest/Attachment of Ships at Korean Ports: Maritime Liens in Korea. It is true that South Korea is not a signatory to any major international
Continue readingTag: English-speaking lawyers in Korea
Service of Process of Legal Documents in Korea explained by the Korean Supreme Court
The Korean Supreme Court has recently rendered a judgment highlighting the requirements for Korean courts to accept the service of documents, in Korea, of legal documents. In a case involving a dispute over the existence of a right of easement, the Court declared that merely listing an address in appeal documents is not sufficient if there is no possibility of receiving the legal documents at that location. This decision has far-reaching implications for those wishing to serve documents on a
Continue readingCan you claim severance pay from a Non-Korean Employer?
Severance Pay is a payment which the employer is required to pay an “employee” for a retiring, terminated or resigning employees that works for a company in Korea for, at least, one year. The reason for termination, retirement or resignation does not effect the applicability of the severance requirement. Even an employee who is fired due to fault can claim severance pay under Korean law. Severance pay is a statutory liability of the employer. It doesn’t matter whether an employment
Continue readingPending Bill in Korea Aims to Protect Crime Victims’ Identities
Korea has many protections in place to protect the privacy of individuals, however, a concerning issue has come to light, in recent years, regarding the exposure of Korean victims’ identities and addresses during legal proceedings in Korea. Korean lawmakers, reacting to this issue, proposed a bill aimed at safeguarding the personal information of alleged crime victims. The bill has been stuck in legislative limbo for over two years. The Busan Hit-and-Run CaseOne particular incident, widely known as the “Busan hit-and-run
Continue readingRight Against Self-Incrimination in Korea
In a Korean trial known as the “Namsan 300 Million Won Case,” two prominent figures, former Shinhan Bank Chairman Shin Sang-hoon and former Shinhan Bank President Lee Baek-soon of Shinhan Financial Group, were acquitted on charges of perjury. The judgment has sparked controversy and raised important questions about the status of witnesses when they themselves are criminal defendants in a case in Korea. Shinhan Bank is one of the largest banks in Korea. Background of the “Namsan 300 Million Won
Continue readingNon-Compete Clauses in Korean Employment Agreements and Korean Business Sales Agreements
Non-compete clauses in Korean employment contracts are enforceable in Korea, but there are some limitations and requirements that must be met for them to be regarded as lawful and, thus, enforceable. A Non-Compete Clause is a type of restrictive covenant that is designed to protect the business of an employer from competition from a particular party. These clauses are, typically, utilized after the completion of the sale of a business or after termination of employment. The following article shall, specifically,
Continue readingDo you Need to Enter the Korean Market via a Joint Venture/Partnership?
One of the major parts of our law practice here at IPG Legal for international clients, in Korea, is the structuring of joint ventures and the resolution of joint venture disputes in Korean courts and through arbitration. I find, in many of these cases, the non-Korean party is not in need of a joint venture with a a Korean party to succeed in Korea and the Korean party does not realize or has no intent in satisfying obligations under the
Continue readingKorean Jurisdictional and Choice of Law Issues in Commercial Agency & Distributor Agreements with Korean-based Agents & Distributors
In drafting and negotiating a Korean commercial agency agreement between a principal located in one country and an agent located in Korea, proper consideration needs to be given to the choices regarding the governing law and jurisdiction of such agreement. If you are looking for an article on choice of law issues in Korean employment disputes, please see: Choice of Law Issues in Korean Employment Law Disputes. If you are looking for a basic overview of Korean Agency & Distribution
Continue readingGetting a Divorce in South Korea as a Foreigner (Korean Divorce Law)
Seeking a Korean divorce and navigating the Korean legal system can be emotionally challenging, even more so if of you’re a foreigner in Korea. IPG Legal has assisted numerous foreigners and local Korean clients at the Seoul Family Court and others courts in Korea in order to obtain a divorce for foreigners in Korea. We have, also, handled numerous child custody, asset division, and abduction cases for clients living in Korea or residing abroad. There are several things to consider
Continue readingFiling a Petition to a Korean Ministry of Employment & Labor’s Labor Office in South Korea
Filing a petition to the Korean Labor Office in Korea in your area is the first step for some employees in Korea who assert that their labor rights under Korean Labor Law are violated. In many cases, it is advisable to not file with the Ministry of Employment & Labor’s (MOEL) Labor Office, but file, directly, to a Korean District Court. This discussion of the proper forum for a dispute in a Korean labor law case is beyond the scope
Continue readingSouth Korea Offers a Variety of Business Visas for those Wishing to Conduct Business in Korea
South Korea offers several types of business visas for foreign nationals who want to conduct business activities in the country. These include the D-7 (Investor/Business Manager) Visa, D-8 (Corporate Investment) Visa, and D-9 (International Trade and Investment) Visa, among others. Each type of visa has its own eligibility requirements and conditions, and applicants must provide proof of their business plans and financial ability in order to obtain the specific visa. Korea’s visa laws are, often, changing. For an article quoting
Continue readingAre you a victim of a Scam in Korea? Filing a Civil and Criminal Complaint in Korea Against a Fraudster.
Being scammed or falling into a trap by fraudsters or scammers is one of the biggest nightmares for anyone. Unfortunately, it can happen to the best of us, but what you do afterwards is what sets you apart from others. You can take a legal action against your perpetrator in Korea and your case would either fall under the category of a civil case and/or a criminal case depending on the matter. In most cases, we believe it is advisable
Continue readingForming a Joint Venture in Korea? Beware a Common Pitfall
A client, a minority shareholder in a foreign-capital invested company in Korea is involved in litigation with other company shareholders (Korean shareholders) over issues the client had with the majority and other shareholders. The client requested me to post this article to warn others entering the Korean market via a Joint Venture or similar arrangement. This article is note intended to discourage entering the Korean market via a joint venture. JVs in Korea are, often, beneficial for businesses looking to
Continue readingKorean Data Privacy: Korean National Assembly passes the Second Major Amendment to the Personal Information Protection Act of Korea
The proposal to amend the Personal Information Protection Act of 2011 (the “PIPA”) was approved by the South Korean National Assembly on February 27, 2023. The changes cover a wide range of topics, from fines and breach of reporting requirements to transfer of data and business disclosure requirements. Amendments to Korean Privacy Law We shall have substantial updates on the major changes over the next couple of months. Please check back. If you’re seeking a free of cost initial consultation
Continue readingSteps to Set up a Business in South Korea
Setting up a corporate entity in South Korea involves several steps and can be complex. If you are setting up a Korean venture between multiple parties or corporations make sure you have a carefully and custom drafted Korean shareholder agreement, bylaws, articles of incorporation, employment agreements, employment rules, vendor agreements and you have the basic systems and processes in place to help insure working shareholder and employee compliance. Even if you are the, only, shareholder in the company make sure
Continue readingIPG Legal’s Firm Profile on ChatGPT (Open AI)
IPG Legal is an international law firm headquartered in Seoul, South Korea, that provides a range of legal services to domestic and international clients. The firm was founded in 2007 and is composed of experienced attorneys with expertise in various areas of Korean and international law, including corporate law, intellectual property law, international trade law, labor & employment law, family law, estate law, tax law, securities law, criminal defense and dispute resolution. IPG Legal’s services include advising clients on business
Continue readingLegal Document Service in Korea via Hague Service Convention
The Hague Service Convention, also known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, is an international treaty that provides for the service of judicial and extrajudicial documents between countries. South Korea is a signatory to the Hague Service Convention, which means that documents must be served between South Korea and other signatory countries according to the provisions of the Convention. For another related article please see: Enforcement of Foreign Judgments
Continue readingAttorney Lee from IPG Legal in the news!
The Korea Times recently featured Attorney Seul-ki Lee of IPG Legal in a news article, and for all the right reasons. Attorney Lee is one of the the legal representative of Mr. Arnold Samberg at IPG Legal. Mr. Samberg is a retired US Airforce sergeant who met with an unfortunate tragedy three years ago when is was shot by a Korean police officer. He seeks justice and closure from the Korean Police, who have dragged this case on for far
Continue readingProposed Amendments to the Monopoly Regulation and Fair Trade Law: 2023
Proposed Amendments to the Monopoly Regulation and Fair Trade Law: Extending Merger Notification Exemptions and Adding a Voluntary Commitment System. The Monopoly Regulation and Fair Trade Act (MRFTA) is being revised, and the Korea Fair Trade Commission (KFTC) has released an advance notice of these proposed changes, which include, among other things, (i) expanding merger notification exemptions; and (ii) introducing commitment processes for merger control. (the “Proposed Revisions”). The KFTC will solicit and compile feedback on the Proposed Revisions during
Continue readingKorean Electronic Travel Application (K- ETA) Explained
K-ETA (Korea Electronic Travel Authorization) is an online electronic travel authorization for travelers without a visa to Korea that can be obtained prior to entering the Republic of Korea (ROK) for leisure, business, or to visit family (except for profit-making projects). If you are planning to visit South Korea and want to apply for the K-ETA, you can visit the official K-ETA website or its mobile application and submit an application on your own behalf or on behalf of another
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