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: Korean Law
Can 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 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 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
Continue readingAppointment 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 in
Continue readingForce Majeure Jurisprudence in the Republic of Korea
Korea has recently been affected by typhoons and severe flooding caused by the heaviest rainfall in centuries. These issues led to the loss of life, property, business and the livelihood of many individuals. Many alleged defaulting/breaching parties to an agreement have claimed Force Majeure as a defense to non-performance of contractual obligations. A Korean court recognized Force Majeure Event offers relief to the alleged defaulting/breaching party, in Korea, if the party fulfils the legal requirements noted below. Force Majeure Defined
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 readingMerry Christmas and Happy Holidays from all of us at IPG Legal
We wish you a safe and happy holiday season and a healthy and prosperous New Year.
Continue readingKorean Prosecutors & Police Powers under Amended Criminal Procedure Law
One of the most substantial changes in the powers between the Prosecutors’ Office and Police Office was enacted by the Korean National Assembly through amendments to the Korean Criminal Procedure Act and Prosecutors’ Office Act. These Amendments were made to the Criminal Procedure Act of Korea and the Prosecutors’ Office Act of Korea that shall take effect in 2021. The Amendment reduce the power of the Korean Prosecutions to initiate investigations in certain types of cases, while expanding the powers
Continue readingLast week’s Recap of the Top Legal Headlines in South Korea for the week of August 9, 2021:
Samsung leader Jay Y Lee wins parole from prison South Korean school teacher sentenced in Bitcoin assault case Korean politicans to amend sex crime laws criminalising semen terrorism Press freedom to nose dive after Korean parliament introduces fake news bill Former government official wins discrimination case against Korean government You may schedule a free initial consultation with a lawyer at: Please Schedule a Call with an Attorney. Latest Posts: The Signs of a Great Criminal Lawyer in Korea | English-Speaking
Continue readingInternational Arbitrations in Korea under the IBA Rules
Procedural Arbitration rules are key to the efficient and effective adjudication of arbitration disputes in Korea and, also, worldwide. These arbitration rules govern and set out the framework for the arbitration process. Evidence gathering and presentation are important aspects of the above procedure, and yet, institutional and ad hoc rules that provide arbitration guidelines on other matters such as the appointment of arbitrators and the nature of award and costs are, usually, silent on this point. Advantages of such a
Continue readingIPG Legal Thwarts the Korean Government’s Attempt to Extradite an American Former Service Member to South Korea
IPG Legal won a release for an American national in an extradition case pending in a U.S. Federal Court by obtaining the Re-Opening of a Finalized Judgment in Korea and obtaining the release of the American national on bail. The American Defendant was held in a jail in America for over seven months until retention of IPG Legal and Hayes & Simon, P.C. in New York City. Sean Hayes argued for the Defendant in a U.S. Federal Court in the United
Continue readingLast week’s Recap of the Top Legal Headlines in South Korea for the week of July 19, 2021:
Korean Teacher gets suspended sentence for homework assignment Optimus Asset Management CEO sentenced in Korean Fraud Scandal Google Anti-Trust :aw set to come in effect in South Korea Korean Government claims that tenant protection laws are providing benefits South Korea tightens cryptocurrency regulations You may schedule a free initial consultation with a lawyer at: Please Schedule a Call with an Attorney. Latest Posts: The Signs of a Great Criminal Lawyer in Korea | English-Speaking Criminal Defense Attorney in Seoul English-Speaking
Continue readingThe Weekly Docket: Korean Legal News from International Law Firm IPG Legal
Last week’s Recap of the Top Legal Headlines in South Korea for the week of July 12, 2021: Korean government seeks to improve the legal status of animals Netflix appeals against first trial defeat in Seoul, Korea over network fees R-Rated Minecraft reignites controversy over Korean game classification laws Korean Government to strengthen social distancing measures in remote areas Anti Bullying laws in Korea face further scrutiny You may also schedule a free initial consultation with a lawyer if you
Continue readingConstitutional Court Upholds Cellphone Ban While Driving
Long term foreign residents will note that the Korean Constitutional Court has upheld the rule banning the use of cellphones while driving. The court ruling stipulates that the ban isn’t a violation of the Korean Constitution. Using cellphones while driving increases the risk of traffic accident and should be banned to protect the life, body, and property of the people. The law allows certain exceptions that permit the use of cellphones in emergency situations, minimizing unecessary inconvenience. Korean Constitutional Court’s
Continue readingNew Korean Corruption Investigative Unit Established to Investigate High-Ranking Public Officials in Korea
Korean established a new investigative unit with the independent power to investigate High-Ranking Public Officials, family members of High-Ranking Public Officials and those associated in alleged crimes with High-Ranking Public Officials. This office shall be called the Corruption Investigation Office (“CIO”) for High-Ranking Public Officials. This independent investigative agency’s scope of power includes the investigation of the President of Korea, members of the Korean National Assembly, prosecutors, judges, senior public officials (Rank of Grade III or higher) and some senior
Continue readingFinding a Korean Lawyer/Law Firm for your Business in Korea
We obtain numerous emails and calls from potential clients in search of a great Korean lawyer for companies doing business in Korea. The majority of these intakes come from referrals from present clients, referrals from other lawyers and a couple trickle in via this blog. From our contacts, we believe that many businesses in Korea are having a difficult finding attorneys in Korea that have business savvy, the ability to efficiently work for the client and/or an inability to handle
Continue readingDouble Jeopardy Protection in Courts in Korea: Right Not to be Tried in Korea for the Same Crime
The double jeopardy protection afforded by the Korean Constitution in Article 13 is applied in a different manner than in, most, common law nations. The application of Double Jeopardy, in Korea, allows the prosecution to have three chances to obtain a guilty verdict. Double Jeopardy in United States versus in South Korea In the United States, a defendant may not be tried for the same or similar offense, within a specific jurisdiction, when a “conclusion” is made in any court.
Continue readingKorea’s Amendment to the Act on the Arrival, Departure, etc. of Ships: Korean Shipping Law
Dangerous substances, illegal substances and other controlled substances are believed, in Korea, to be more often transported by ships into Korean waters. Thus, the Korean government has amended a giving act concerning Korean Shipping Law. To, among other things, increase transparency of what is being shipped, the Korean Act on the Arrival, Departure, etc. of Ships (hereinafter as “Act on Ships” or “Korean Shipping Act”) was amended. The Korean Act on Ships, in general, establishes regulations concerning the arrival and
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