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 reading
Tag: English-speaking lawyers in Korea
Do 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 theContinue reading
Korean 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 & DistributionContinue reading
Getting 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 considerContinue reading
Filing 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 scopeContinue reading
South 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 quotingContinue reading
Are 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 advisableContinue reading
Forming 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 toContinue reading
Steps 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 sureContinue reading
IPG 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 businessContinue reading
Legal 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 JudgmentsContinue reading
Attorney 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 farContinue reading
Proposed 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 duringContinue reading
Korean 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 anotherContinue reading
An Introduction to IPG Legal’s Immigration Law Practice in Korea
Korean Immigration Law is an evolving area of law in South Korea that often changes with the change of governments. IPG legal many business and individual clients that run afoul or wish not to run afoul of Korea’s Immigration Laws. In worse-case scenarios, you can be deported, have an entry ban imposed, or be sent to a detention center or receive, even, a jail sentence. But, please know, for most individuals pathways exist to secure your visa status legally. IPGContinue reading
Sean Hayes was Rated a Top 100 Attorney
Heartiest congratulations to Attorney Sean Hayes for being recognized as one of the top 100 lawyers in South Korea by the Asia Business Law Journal. It’s a great achievement to be listed twice in their Top 100 lawyers report and it’s a testament to his excellent work for clients in the country. The A-List report is available online for those interested. Attorney Sean Hayes has a broad range of experience. He is the head of a highly regarded dispute resolutionContinue reading
Appointment of a Guardian in Korea
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 inContinue reading
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 guardianContinue reading
Length of Sentences for Korean Crimes Perpetrated in Korea
The length of sentences for crimes in Korea varies depending on the severity of the offense, capabilities of your Korean lawyer and the discretion of the judge. The most important aspect of defending against a crime in Korea is the choice of your Korean criminal criminal defense attorneys. Also, make sure your lawyer in Korea has handled issues concerning Immigration if you are an expat. Sentences for Major Crimes in Korea It is important to note that these are generalContinue reading
What are the Administrative Hurdles for Foreign Entrepreneurs to Start a Business in Korea?
Starting a business is rarely simple, and doing so as an expat in Korea involves not just financial challenges, but also the complex and constantly-changing Korean Immigration regulations that foreigners must follow in order to remain and legally launch a business in Korea. This law blog post is intended as a basic guide to Immigration challenges for entrepreneurs. Although the Korean government has launched a number of initiatives, recently, to draw in international expertise. The K-Startup Grand Challenge and theContinue reading
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