Language Supremacy Clauses in Korean Agreements Governed by Korean Law

A language supremacy clause dictates what language governs the interpretation of a contract. Many international contracts are drafted in multiple languages. However, because of the complexity of legal terms, lack of precision in certain languages, the nature of language translation, and other local realities it is best to choose a governing language to avoid the issue of an alleged discrepancy between the Korean and English-language versions of the contract. In most cases, we advise choosing English as the governing language

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Top 100 Korean Lawyers & Legal Consultants in Korea

Sean Hayes, head of the Top Korean Dispute Resolution Law Firm of the Year was rated by LawAsia, one of the leading peer-reviewed publications in Asia, as a Top 100 Lawyer in Korea. Sean Hayes is one of the only non-Korean attorneys on this Korean Lawyer “A-list” and the only non-Korean that was on the list each year the list was published. Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of

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Liability of Persons who have Lent their Names for Korean Business Transactions

In Korea, the person who is actually the subject of rights and obligations, often differs from the nominee such as the holder of licenses or business registrations. Sometimes those with assets use these nominee/proxies to attempt to avoid liability. As such, under certain conditions, a counterparty to a transaction is protected, under the Korean Commercial Act, by acknowledging the liability of not only the party to the transaction, the name borrower, but also the nominee (name lender). See: Korea’s Real Name Transaction

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14 Things to Consider Before Starting a Manufacturing Business in South Korea

Korea, in many cases, is a better choice for the manufacturing of chemical, petroleum, construction equipment, complex crafted metals, specialty steel, automotive parts, semi-conductor, medical and pharmaceutical equipment and goods than China and most nations in Asia, because of Korea’s skilled work force, government incentives, protection of IP and increasingly transparent business practices. In many cases, manufacturing in Korea will not, in the end, be more costly than manufacturing in China, because of the increased efficiency of Korean workers and

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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 not intended to discourage entering the Korean market via a joint venture. JVs in Korea are, often, beneficial for businesses looking to expand

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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 business

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American Shot by Korean Police Officer: 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 legal representatives 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 he was shot by a Korean police officer. He seeks justice and closure from the Korean Police, who have dragged this case on for far too

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Detention of Criminal Suspects in Korea under Korea’s Criminal Procedure Law

The Korean Criminal Justice System works, in many aspects, very differently from the American, Australian, Canadian, Irish, UK and other Criminal Justice Systems based on the common law. One, notable, difference is in regard to the detention of a suspect prior and during to a trial/hearing in Korea. One aspect of the system that leaves many of our clients puzzled is the pre-trial detention system in Korea. Korea’s Criminal Procedure Act, Article 92 details the maximum detention periods while the

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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 in

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Appointing a Guardian in Korea under Korea’s Guardianship Law

Often we assist clients with family members or friends in Korea who 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 Korean 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

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