Korean Intestate Succession Law: Inheriting Property from your Korean-National Parents

We assist numerous clients concerning intestate succession issues in Korea. Many of these clients are foreigners who are children of a Korean decedent who passed away without a will. Typically, the clients are in need of an asset scrub and assistance in the transfer of the assets to the name of the client and forwarding of the funds overseas. Please note this present article deals, solely, with Interstate Succession under Korean Law. If your parent was, solely, a national of Korea, in most cases, the laws of the Republic of Korea shall apply to the estate of your parent. The relevant law can be found at: Korean Civil Act Part V (Inheritance) For an additional article on Korean inheritance law please see: Korean Inheritance Law: Who Inherits What, When & How in Korea. Inheritance Priority under Korean Interstate Succession Law? The rank of priorities, in Korea, for a person that

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Finding 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 situation seems to stem, primarily, from the high cost of top-notch legal services in the Korea and the lack of many top-notch Korean lawyers working in business space for expat businesses.  Additionally, many lawyers, in Korea, are plagued with conflicts. Finding a Lawyer for the Needs of your Business in Korea Consider the following when hiring an Korean Lawyer or Law Firm in

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EEOC Complaints in Korea at Yongsan Army Garrison, Camp Humpreys and Area I: EEO Korea Complaints

This law firm’s U.S. lawyers handle EEOC Korean complaints from our office in Korea; Merit System Protection Board (MSPB) appeals from Korea; grievances under the Negotiated Grievance Procedure from Korea; complaints to the Equal Employment Opportunity Commission (EEOC); lawsuits in U.S. federal court for federal employees working at Yongsan, Camp Humphreys, Area I and throughout the Korean peninsula.  We, also, on occasion handle matters stateside and throughout other parts of Asia.  These matters are all personally handled by Sean Hayes and his team. Some of the employment law work, in these matters, are essential to be performed in Korea when actions of the U.S. government occur in Korea, thus, IPG has developed a team to handle these matters along with a NY-based associated employment law firm.  The majority of our clients working for the U.S. Military are either facing discrimination, a hostile work environment or have been terminated from employment. The

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Korean Criminal Law: Double Jeopardy in Courts in Korea

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, in Korea, allows the prosecution to have three chances to obtain a guilty verdict. For example, 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 a defendant not guilty, the prosecution may not bring the same or similar charges against the defendant. However, if all jury members are unable to come to the same conclusion (thus, some vote guilty and some not guilty), the jury is deemed “hung” and the prosecution may request another trial. In Korea, the rules is, essentially the same, however, the application of the “conclusion” determination is different. A “conclusion” of the case is,

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Korean Tax Incentives for 2020: Korean Tax Law Updates

Because of increased tax liabilities of many companies in Korea and because of perceived deteriorating market conditions, the Korean government implemented programs that may assist some SMEs, and larger companies doing business in Korea. Numerous conditions apply for each of these incentive/abatement tax programs below. The following is, only, intended as a basic explanation of the programs that may be available to businesses operating in Korea. Tax Support for Investments in Korea Investments in facilities that “improve productivity” shall receive an increased tax credit for a period over two years. For large businesses, there shall be an increase from 1% to 2%; medium-sized businesses, from 3% to 5%; and small businesses, from 7% to 10%. Relaxed standards for family business inheritance tax deductions. After-care periods shall be reduced from ten years to seven years. For seven years, the business is required to maintain its present headcount or aggregate payroll. Expansion

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Korean Arbitration Basics: Links to Relevant Resources in Korea.

IPG, over the next couple of weeks, shall be updating readers of the The Korean Law Blog on issues concerning arbitration in Korea and against Korean companies. We have posted over a dozen articles to date. We shall be posting more article on arbitration over the next couple of weeks. This present post is simply a few arbitration-related links in Korea. We shall be updating this list when more useful and credible information is available. Korean Arbitration Links Korean Commercial Arbitration Board Korean Arbitration Act Seoul International Dispute Resolution Center Korea Medical Dispute Meditation & Arbitration Center Articles on Korean Arbitration (Korean Law Blog) Substantive quality information on arbitration, in Korea, is not easily obtainable in English (and even in Korean), thus, we here at IPG felt the need to share more information on Korean arbitration. If anyone has any topics that are of interest, please Contact Us. We plan

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Korea prepares itself for Big Data-driven 4th Industrial Revolution: Korean Data Protection Laws Revised

On January 9, 2020, the National Assembly of Korea passed the “Three Data Act” of Korea. Implementation of the Act shall begin in June of 2020. The Korean Three Data Act iterates protections for, in general: personal information; information and communication; and business & individual credit information. IPG shall be writing more on this data protection issue over the next couple of months, please check back for more details. Three Data Act of Korea According to an article entitled the “Major Revisions and Significance of The Three Data Act” from the Legal Times, there are four major changes. “1. The personal information system shall be clearly divided into three sub-categories: personal information, pseudonym information, and anonymous information. Specifically, for pseudonym information, detailed regulations shall be established. 2. The Personal Information Protection Commission’s role shall be changed to a unified supervisory organization over all personal information. 3. All provisions related to

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Expanding your business into Asia? Use Korea as a Test Bed

So you want to expand into China, Japan, Korea, Southeast Asia (Asia)? We here at IPG suggest considering Seoul, Korea as a Test Bed for your Asian expansion. The following article’s focus is on Luxury Goods and Fintech, but IPG believes that the Korean Market is, also, an excellent stepping off point for other industries including F & B, Defense, Franchise, Automotive, High Tech, New Tech, Retail and Fourth Industrial Revolution industries. Another article that may be of interest, that we posted a few years back, is an article on Using Korea as a Test Market for Asian Expansion: The Facebook Example. If you have any questions, we are always here for a consultation. Korea as a Test Market/Test Bed for your Company’s Asian Expansion Many savvy companies have, successfully, utilized the Seoul, Korean market to test the Asian waters. For example, luxury powerhouse, Louis Vuitton, opened a uniquely designed

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BCCK Christmas Lunch 2019

Through the Christmas Lunch 2019, the British Chamber of Commerce in Korea (BCCK) lived up to its claim that “even Santa knows it’s the best event in Seoul.” The BCCK event was comprised of the whole package: festive food, drinks, music, games, gifts, an auction and sing-alongs. IPG proudly won three charity prize auctions and Sean Hayes, attorneys from IPG, guests and friends of IPG attended the event and are looking forward to more events from the BCCK this coming year. Setting Christmas “jumpers” and colorful “trousers” (the British way of saying sweaters and pants:) as this year’s theme brightened up the whole atmosphere and increased the level of merriment. The BCCK is a non-profit organization promoting the development of British trade, commerce and investment in Korea through its business services and networking opportunities. It is, also, encompasses a great group of people. Refer to the BCCK website for more

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Deutscher Club Seoul: Christmas Dinner 2019

As Christmas day is nearing this holiday season, numerous Christmas events are taking place around the city of Seoul. One of the best events that we at IPG Legal are proud to be a corporate sponsor of this event by the Deutscher Club. The Deutscher Club Seoul (the German Club Seoul) once again organized a ‘Weihnachtsdinner’ (Christmas dinner), celebrating the season with good drinks and food. The Deutscher Club created a great platform for people with a common interest to come together and partake in events around Seoul. Besides festivities, the Deutscher Club Seoul also enables its members to discover Seoul culturally through various organized events. Visit Deutscher Club for more information. We, highly, recommend all interested in Germany, the German language and meeting a cadre of great individuals to consider the event.

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52-Hour Workweek Delayed in Korea for SMEs: Korean Labor Law Update

The Korean government delayed the implementation of the 52-hour workplace system for certain small and medium size companies. This System is intended to apply to all companies in Korea and mandates that no employee may work for an employer for more than 52-hours in any one week. The Ministry of Employment and Labor of Korea announced, on December 11, 2019, that the 52-hour workplace system is suspended for SMEs (Employers with less than 300 workers) until the end of 2020. The Korean Ministry of Employment and Labor made the announcement, because of fears that the measure may harm these businesses. We are of the opinion that because of recent changes in the enforcement of Korean labor laws, it is advisable to revise company employment rules, agreements and have a compliance audit for your company in Korea. If you would like a call with an attorney at IPG, please schedule a

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Definition of “Ordinary Wage” in Korea: Korean Employment & Labor Law Basics

The courts of the Republic of Korea, for years, has struggled to find a consistent interpretation of an “Ordinary Wage.”  The definition of Ordinary Wage, under Korean Law, was clarified by the Korean Supreme Court in two decisions handed down on December 18, 2013.  The calculation of Ordinary Wages is important, since it is utilized to calculate statutory entitlements, and thus has an impact on the aggregate amount of contributions necessary to be paid to employees. For example, according to Article 56 of the Korean Labor Standards Act, an employer must pay 50% of the Ordinary Wage plus the Ordinary Wage for overtime, night and weekend work performed by the employee. Because of the potential for a large unknown future liability, this issue became the most significant issue, in the last few years, among domestic and foreign employers in labor and employment law in Korea. The basic Korean test is

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Amendment to Korea’s Intellectual Property Registration System: Korea IP Law Updates

South Korean organizations, companies and startups will, likely, in the near future experience a quicker and increasingly more efficient Patent and Intellectual Property Registration System in Korea and internationally based on developments within the IP5. Top IP officials in Korea are gearing up, in order to help South Korean organizations, companies and startups register their Intellectual Property more efficiently.  It seems like the effort is a serious attempt to expedite approvals and lesson application burdens for those doing business in Korea. IP officials from Korea, the United States, China, Japan and the European Union (a.k.a IP5) recently gathered in Incheon and asserted that they shall utilize A.I. technology and other future advances to improve the worldwide Patent Application System. To accomplish this objective, IP5 consented to organize a research team, containing Patent and IT specialists from these four countries and the EU. This team will start working on an A.I.

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Korea’s New Electronic Passport Without Resident Registration Number in 2020

The Amendment to the Korean Passport Act introduces a new Korean Electronic Passport. The passport excludes the Resident Registration Number and establishes a new system in order to ease administrative work of the government. This Amendment shall become effective in 2020. The Passport Act of the Republic of Korea According to Art. 7 Passport Act every Korean passport shall include: Type of passport; Issuing state; Passport number; Date of issuance and expiration; Issuing authority; Name of the passport-holder; Nationality of the passport-holder; Gender of the passport-holder; Date of birth of the passport-holder; Resident registration number of the passport-holder; and Photo of the passport-holder; Due, facially, to protect personal information, the Korean Foreign Affairs and Unification Committee declared the low importance of the inclusion of a Korean Resident Registration Number in Korean passports. Therefore, the Amendment excludes the number from Korean passports. Highlights of the Amendment to the Korean Passport Act

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Korea Government Filed a Complaint with WTO Over Japan’s Export Restrictions on Korea

The South Korean government filed a complaint over Japan’s, recently imposed, export restrictions with the World Trade Organization, blaming Tokyo for taking a biased measure against Korea for political reasons. During a press conference in Seoul, the nation’s Trade Minister Myung-hee YOO said that the Japanese government’s export controls, focusing on Korea, was a direct violation of WTO regulations.  Trade Minister YOO noted the Japanese government’s decision to restrict exports to Korea was, among other things,  politically motivated and is harming both Korean and Japanese businesses and relations between the countries. WTO guidelines prohibits member from taking unfair and biased measures against another member of the WTO.  In this manner, Korea’s Trade Minister argued vehemently that Japan’s export restrictions on three key materials for key Korean manufacturers to Korea (essential for making cell phone chips and displays), comes after Korea’s Supreme Court ruled at the end of 2018 that, in

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Korean Immigration Law: Challenging a Korean Immigration Deportation/Exit Order in Korea

Being convicted of a crime in Korea, may lead to deportation.  If you are issued a deportation/exit order from the Korean Immigration Service, you do have avenues to reverse this deportation order within the courts.  Korean Immigration Law is rapidly changing – please check back to The Korean Law Blog for the latest updates from Korean Immigration lawyers from IPG’s Korean Immigration Law Team. The Courts in Korea have jurisdiction to review all exit/deportation orders issued by Korean Immigration.  Korean courts will look, generally, to whether: A.  The order of Korean Immigration complies with the law; and B.  Whether Korean Immigration has abused its discretion. Under Korean law, Immigration Services of Korea has broad power in the issuing of deportation and exit orders.  Korean Immigration law imposes restrictions on actions by Korean Immigration under certain visa categories.  If Immigration in Korea complied with Korean law, a Korean Immigration’s order may,

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