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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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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Safety Measures in Korean School Buses in Korea via the Amended Road Traffic Act of Korea

The Amendment to the Korean Road Traffic Act (hereinafter as “ Korean RTA”) is in force since March 2019 and shall generally increase the safety for children in school buses in Korea. The Amendment was a reaction to an accident that occurred with in school buses, including children, which got physically harmed or even died. An infamous incident involved a young child that left unattended in a bus and died because of, among other things, heat exhaustion. Korean RTA drastically changed, the following brief snippet is, only, the tip of the iceberg. If you are running a business that transports children, we, highly, recommend having your law firm in Korea walk you through this law. Two Highlights of the Amendment to the Korean Road Traffic Act 2019 “A driver of a school bus for children shall operate a device that verifies that the discharge of children from the bus has

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Über IPG

Unsere weltweit-erfahrenen und lokal-vernetzten englisch-sprachigen koreanischen Rechtsanwälte und Business Professionals unterscheiden sich bewusst von der Menge. Wir lieben es an den kompliziertesten und umstrittensten Rechtsfällen in Korea zu arbeiten und genießen es besonders vorausschauende und effizient gewiefte Rechtsberatung zur Verfügung zu stellen. Bewusst anders Wir unterscheiden uns bewusst von anderen koreanischen Rechtsanwaltskanzleien. Koreanische Rechtsanwaltskanzleien werden oft für ihren Mangel an Bereitwilligkeit oder der Fähigkeit, eine effiziente, proaktive und konfliktlösende Rechtsvertretung für Klienten zur Verfügung zu stellen, kritisiert. Klienten und internationale Rechtsanwaltskanzleien kommen oft zu IPG, nachdem sie diese „koreanische Realität“ erlebt haben. Unsere Firma und ihre koreanischen und internationalen Rechtsanwälte wurden von führenden rechtlichen Ratingagenturen wegen ihrer starken lokalen Vernetzung, ihres modernen Fall-Managementsystems und ihrer realen vor Ort gewonnen internationalen Rechtserfahrung gepaart mit einer intensiven Leidenschaft für Erfolg anerkannt. International bewertet Unzählige internationale rechtliche Ratingservices haben unsere Anwälte als führende Anwälte im Bereich Wirtschaftsrecht, Zivilprozess, Entertainmentrecht, Franchiserecht und Strafverteidigung anerkannt.

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Über den Autor: Sean Hayes

Sean, und seine Anwaltskanzlei, werden oft vorzugsweise gegenüber ubiquitär koreanisch-basierten Anwaltskanzleien gewählt, wenn konfliktfreie und aggressive Rechtsvertretung für den Erfolg essentiell ist. Die Artikel in diesem Blog werden von Sean Hayes, ehemaligen Richtern, erfahrenen koreanischen Anwälten und anderen Anwälten von IPG für Sie zur Verfügung gestellt. Der New Yorker Anwalt Sean Hayes, als Sohn eines irischen Vaters und einer italienischen Mutter, wuchs sowohl in Connecticut und New York auf. Er ist von amerikanischer und italienischer Nationalität und permanenter Einwohner in Korea. Er hat seine rechtliche Ausbildung in Korea, den Vereinigten Staaten und im Vereinigten Königreich erhalten. Sean Hayes ist der erste nicht-Koreaner beschäftigt im koreanischen Gerichtssystem (koreanisches Verfassungsgericht) und einer der ersten nicht-Koreaner als reguläres Vollzeit-Mitglied einer koreanischen Rechtsfakultät. Sean ist bekannt für seine über 16-jährige rechtliche Berufserfahrung, für seine aggressive Anwaltschaft und redliche NY-stylische gewiefte Rechtsberatung. Sean arbeitet mit einem Kader erfahrener und vernetzter ausgeschiedener Richter, Staatsanwälte, interne Rechtsanwälte,

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Korean Act on Special Cases Concerning the Establishment and Operation of Internet Banks

In September 2018 the Korean National Assembly passed the Korean Act on Special Cases Concerning the Establishment and Operation of Internet Banks (hereinafter as “Act on Internet-Only Banks”), which is in force since January 2019. The major facial intent of the Act on Internet-Only Banks is to “…encourage innovative enterprises to enter the financial market while laying the legal framework for the convergence of information and communications technologies (ICT) with financial services, and the creation of new economic growth drivers.” One of the main impetus for the Moon Administration related to this Act was to allow individuals and companies that may have a more difficult opportunity to obtain credit to obtain credit. The foregoing is, only, intended as a brief teaser and not anything more than to provide a basic understanding of this Act. Korean Act on Special Cases Concerning the Establishment and Operation of Internet Banks 2018 “Internet Banks”

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Sean Hayes ranked a Top 100 Lawyer for his work in South Korea by Asia Business Law Journal.

IPG is proud to announce that Sean Hayes is awarded the honor of being one of the Top 100 lawyers working in South Korea by the Asia Business Law Journal. Sean is, also, ranked a top attorney in numerous other leading rankings. A client noted to the journal that Attorney Sean Hayes is: “proactive, kind and focused on our industry and really got to know our business.” Thanks to the clients that recognize our hard work and thanks to our lawyer and paralegal team at IPG for making me look better than I really am. I am nothing without you. The Asia Business Law Journal is a leading legal journal dedicated to legal practitioners working in Asia. Sean HayesIPG LegalTel: 82 70 7847 9050Email: [email protected] Key practice areas: Franchisors; defence companies; chemical companies; industrials; and startups ExperienceCon. Court of Korea, Research OfficerKookmin Univ., Law ProfessorSeoul National University, Adj. professorKorea Times, Columnist

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Success in Life & Business in Korea by Senior Adviser to IPG

The most important lesson I learned from the Peace Corps was an inner sense of humility.  By my naturally contrarian nature, I have mixed feelings about having once been a Peace Corps volunteer in Korea. For example, I try to focus on being an international business development consultant, but every so often when a newspaper or magazine discovers I served in Korea during the 1970s as a Peace Corps volunteer, too often the reporter wishes to focus on my past rather than what I’m doing 30 or more years later. Frankly speaking, I want to use the reporter as much as the reporter wishes to use me. The reporter often wants a human interest story, and I want some free publicity for my business. Usually, what is printed does nothing for my business. But free publicity is still free publicity, so I play along. But all of this ends up

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Happy Chuseok 2018 from IPG

We wish all our clients, friends, family, and all those working with IPG a happy and safe Chuseok.  For our non-Korean friends, Chuseok  is, often, compared to Thanksgiving.  Chuseok is a time for giving thanks to those that we love an appreciate and celebrating with family and friends.   A Warm Thank You from IPG  We would like to give thanks to our clients for placing their trust in us; to our families for dealing with our long work hours; our friends for supporting us and of course our staff – we could never succeed without you.   Our office shall be closed from September 22 to September 26, 2018.   (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not duplicate any content on this blog without the express written permission of the author. [email protected]

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South Korean Act on International Judicial Mutual Assistance in Civil Matters: Obtaining Evidence via Korean Courts and the Korean Government for use in Proceedings Abroad

In some cases in Korean courts, it is advisable to obtain evidence held in a foreign jurisdiction for use in a Korean civil proceeding in a Korean court.  The need often assists in establishing damages, course of dealings or the basis of liability.  Additionally, in cases in non-Korean courts, evidence held in Korea may be useful in these foreign court proceedings for similar reasons.  The Korean Act on International Judicial Mutual Assistance in Civil Matters sets out specific requirements that need to be met before the Korean government may order the production of this requested evidence. We have assisted foreign law firms in obtaining evidence in Korea and, also, we have requested evidence from foreign jurisdictions in pending cases in Korea.  Korea has, thankful, improved, in recent years, its protocols for handling requests from foreign courts. Please note, in a Korean lawsuit a Korean judge may request from a foreign

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Law Review Article on Korean Legal Education

I stumbled upon a good law review article on issues with Korean legal education.  The article can be found at: Legal Education in Korea. The abstract for the article is found below.  Worth a read. Korean legal education has been functioning differently from the American legal education system. Comparing it with the American legal education system, this article investigates the meanings of Korean legal education and its aspirational goals under Article 2 of the Law School Act, attempts to identify and analyze the current issues of Korean legal education, and makes recommendations to the Korean legal education reformers to help to create a successful legal education system. Adopting the U.S. graduate law school system in 2007 before the 2008 economic crisis, Korean law schools failed to see the current changes in U.S. law schools and to adopt more practical pedagogy with specific learning outcomes. Additionally, law schools failed to cure

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IPG’s Korean Employment & Labour Law Chapter in Global Legal Insights 2018

IPG is proud to announce the contribution of the Korean chapter to GLI’s 2018 Edition of Employment & Labour Law.  The publication contains chapters from 29 different countries.  The publication may be found at: Employment & Labor Law, Sixth Edition. Key Issues addressed are, among others,: -General Labour Market Conditions in Korea -Employment Policies under the Moon Administration -Litigation Trends in Korea -Definition of “Ordinary Wage” in Korea -Korean Supreme Court’s Regular Interval Bonus Case -Director as an Employee for Korean Employment Security Purposes -Korean Employee Lockouts -Layoffs and Dismissals Based on Fault of the Employees in Korea -Korean Restrictive Covenants Law -Trade Secrets Protection in Korea -Severance Payments in Korea -Childcare Leave in Korea -Maternity Leave in Korea -Paternity Leave in Korea -Annual Leave in Korea Please see the other articles below and via the Employment Law Tag. [ABTM id=1137] (c) Sean Hayes – SJ IPG. All Rights reserved.

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Part-time Worker Annual Paid Leave Obligations under the Korean Labor Standards Act

Employers, in Korea, are in most cases required to grant annual paid leave to full-time and even part-time workers working in Korea-based companies.  Exceptions to this Korean annual paid leave law exist for Korean workers that work, on average, less than 15 hours per week for these Korean-based companies. Article 18 of the Korean Labor Standards Act notes that: “(1) The terms and conditions of employment of part-time workers shall be determined on the basis of relative ration computed in comparison to those work hours of full-time workers engaged in the same kind of work at the pertinent workplace.” However, annual paid vacation leave and other articles/obligations under the Korean Labor Standards Act do not apply to “workers whose contractual work hours per week on an average of four weeks (in cases where their working periods are less then four weeks, then, based on such period of work) are less

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Korean Cryptocurrency Case Filed to the Korean Constitutional Court: Korean Bitcoin Updates

The author of this blog, formerly worked for the Constitutional Court of Korea and he is excited to see this matter being litigated in Korean courts.  The issue, as I have always noted, is simply if government are willing to protect the freedom of individuals to trade and speculate in asset classes of the choosing of the investor.  While, I am far from sold on Bitcoin (and other Alt Currencies) as a long-term asset class plays – of course any free democracy shall allow its citizens to invest in asset classes the government doesn’t favor.  The key to this issue, seemingly, is just if Alt Currencies shall be considered mere asset classes. As the reader likely knows, various branches of the Korean government have noted that the Korean government shall either ban Bitcoin exchanges in Korea, prohibit banks from linking accounts to exchanges or otherwise prohibit the use of Alt

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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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Merit System Protection Board Appeal Lawyers in Korea

IPG is proud to announce that we retain lawyers that have experience handling appeals to the Merit System Protection Board (MSPB), grievance under the Negotiated Grievance Procedure and complaints to the Equal Employment Opportunity Commission from our Korean office. A great deal of the work, in these matters, are necessary to be performed in Korea when actions of the U.S. government occur in Korea, thus, we have developed a team to handle these matters along with our NY-based associated firm. The majority of our clients are either facing discrimination, a hostile work environment or have been terminated from employment. For more information please contact Sean Hayes. [ABTM id=1137] (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not duplicate any content on this blog without the express written permission of the author. [email protected]

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Merry Christmas & Happy Holidays from IPG

Merry Christmas and a Happy New Years from IPG. We wish you a safe and happy holiday season and a healthy and prosperous New Year. In this time of giving, IPG’s Korean Team has chosen, this year, to assist one orphanage and a foreign migrant woman’s group along with our regular Pro Bono and Bar Association initiatives.   Our attorneys regularly give, also, to a variety of charities of their individual choice. In this time of need for so many, we encourage researching charities via Charity Navigator and choosing an appropriate charity. Merry Christmas and a Happy Holidays. IPG Legal (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not duplicate any content on this blog without the express written permission of the author. [email protected]

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