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 purposeful gap in the rules are party
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IPG 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 States, while a team in Korea, including
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 Criminal Defense Team Lead by Retired Korean
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 have questions and other legal concerns in
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 Spokesperson. The court ruled that the KRW
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 police officers. Also this independent office can
Continue readingKorean Child Support Basics Explained
As we’ve mentioned in our previous post “Obtaining Child Support from a Deadbeat Korean Father (Mother)”, for the past few years we noticed a huge increase in children born out-of-wedlock from foreign national mothers and Korean fathers. And because of this incident Korean courts, also, witnessed rising lawsuits seeking child support against Korean fathers in Korean Family Courts. Child Support in KoreaUnder Act on Enforcing and Supporting Child Support Payment or Act No. 12532 as amended by Act No. 13216, the term child support is defined as
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 the issues the client is handling. The
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. Thus, if a jury or judge finds
Continue readingKorean Statute of Limitation in Civil Cases in Korea
The period of the Korean statute of limitations varies based on the type of wrong/breach, the type of parties to the case, and the details of the matter. Failure to file within the applicable period can result in the complete loss of legal rights in Korea, even if the underlying claim is valid. A statute of limitations in Korea (소멸시효) is the legally prescribed period within which a claimant must assert a right through litigation or other legal action. Under the Korean Civil Act (민법) and Korean Commercial
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