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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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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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. (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not

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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. (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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Top 10 Law Firms in Seoul, Korea for English-Speaking Foreigners According to 10 Magazine

We are proud to note that 10 Magazine listed us in an article titled 10 Lawyers in Seoul for English-Speaking Expats .  We are listed under the title Large/International Law Firms.  Thanks for the mention 10 Magazine.  We love your work.  We have, also, been rated by other rating services. The article notes: The lawyers of IPG focus on business law, civil litigation, franchise law, and criminal defense. With affiliated offices around the world, they’re a good choice for cross-border issues. One of the partners there, Sean Hayes, runs one of the best English blogs on the Korean legal landscape, The Korean Law Blog. If the constantly-changing legal environment of this country interests you, it will make an excellent resource. The complete list of the 10 Law Firms (the article deleted/omitted one law firm) for English-Speaking Foreigners in Korea is: Large/International Law Firms in Korea IPG Legal Yulchon Lee & Ko Kim

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Sean Hayes Invited to Chair Panel for Horasis Foundation

Sean Hayes shall chair a panel for the Horasis Foundantion’s Conference in Seoul, Korea.  The Horasis Foundation shall hold the conference on September 22 to the 24th. The Conference is entitled: Entrepreneurship: Balancing Disruption and Consent.  Participants at the conference shall include the Chairman of Hansol, the UN Special Envoy for Disaster Risk Reduction, Chairmen of two leading Indian pharmaceuticals, the Chief Investment Officer for IFC, a Vice Minister of Foreign Affairs, a former Prime Minister of Japan, a Former Prime Minister of Korea, the Vice Chairman & CEO of the Federation of Korean Industries, and other dignitaries from industry, government and leading NGOs. More information on this conference can be found at the website of Horasis.  Welcome To Horasis Horasis is a global visions community dedicated to inspiring our future. Together with our members we explore, define, and implement trajectories of sustainable growth. Horasis provides strategic foresight to public

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Happy Lunar New Year from IPG Legal

We in Korea will be having a four day holiday to celebrate Lunar New Year.  Happy New Year to all our Korean friends. We would, also, like to wish a Happy New Year to all of our Chinese friends.  Have a wonderful Lunar New Year! Sean Hayes may be contacted at: [email protected]  Sean is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.  Sean is known for his proactive New York-style street-market advice and his aggressive and non-conflicted advocacy.  Sean works with some of the leading retired judges, prosecutors and former government officials working in Korea. Sean’s profile

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Abogado Hispano Hablante en Corea: Firma de Abogado Coreana

Abogado Hispano Hablante en Corea El presente trabajo tiene la finalidad de hacer llegar a la población extranjera hispano hablante residenciada en Corea del Sur, y en su mismo idioma, los diferentes casos legales de interés tratados en el país. Con la finalidad de informar la normativa legal vigente, se realizó la recopilación y traducción de diferentes artículos publicados a través del portal The Korean Law Blog, los cuales tocan temas como Libre Comercio, Derecho Familiar en Corea, Derecho Civil, Derecho Penal, Derecho Administrativo, Franquicias, Bienes Raices, Derecho Laboral, Ley de Arrendamiento, y otras leyes relacionadas con hacer negocios y vivir en la República de Corea. The Korean Law Blog ha sido creado y presentado por el Abogado Neoyorquino Sean Hayes. El Abogado Sean Hayes, actualmente está residenciado en Corea, es el primer y único ciudadano extranjero que ha sido empleado por el Sistema Judicial Coreano y uno de los primeros en

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Merry Christmas and a Happy Holidays to all our Clients and Friends

___Sean Hayes may be contacted at: [email protected] Sean is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.  Sean is known for his proactive New York-style street-market advice and his aggressive and non-conflicted advocacy.  Sean works with some of the leading retired judges, prosecutors and former government officials working in Korea. Sean’s profile may be found at: Sean C. Hayes (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 Korea Investment in the Irish Horse Industry

Great news for the Korean and Irish Horse Business.  The Irish Times reports that Korea is to buy Connemara ponies for use in South Korea. The articles notes, in part, that: “As regards South Korea, ITM expects its buyers to be active at the prestigious yearling sales at the end of September. Until now, they have largely restricted themselves to American auctions. It is a belief shared by Pádraic Heanue, manager of the Clifden-based Connemara Pony Sales, which has experienced a surge in Korean interest this year. In February, a delegation including Professor Kim arrived and toured a number of pony breeders before exporting 27 for a Korean breeding programme.  Selected for their temperament and suitability to the Korean landscape, the ponies have surpassed expectations and further purchases are expected in November. “This has kicked off a new venture for Asian countries [and] there have been one or two more

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Internship Available at Law Firm in Seoul, Korea

We are looking for a dedicated intern that will work either P/T or F/T.  We are paying a decent stipend. Requirements College Student or Recent Grad. Ability to communicate in English. Tech Savvy. Ability to commit to working for three months.   Ability to work with a team of Korean and American lawyers. Fun atmosphere and you will get real work assignments.   You will not be doing legal work. Most assignments with relate to marketing and PR.   ___Sean Hayes may be contacted at: [email protected] Sean is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.  Sean

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Korean Law in English Online

The Korean Legislative Research Institute translated many of Korea’s key pieces of legislation including the Civil Act, Commercial Act, Franchise Act and Criminal Act of Korea into English. The translations are decent, but far from perfect.  Don’t rely on these translations as an authoritative translation of these Korean statutes.  Please consult with an attorney prior to relying on these laws.   Please find the website, in English, of the Korean Legislative Research Institute HERE.___Sean Hayes may be contacted at: [email protected] Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw. Sean’s profile may be found at: Sean

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South Korean Economy May be in a Slow Decline: Sign of M & A Increase in Korea?

According to a report released by Statistics Korea this week, South Korea’s factory output has dropped a disappointing 2.8 percent from a year earlier in April – worse than the estimated 1.3 percent decline that had been predicted by economists. The figure is released as the South Korean won posted its worst monthly decline since July 2015. Production of electronic components fell 12.7 percent from a year ago, while output of cars and machinery dropped 8.7 percent and 9.5 percent, respectively. “The negative factory output data trend shows that the foundations of growth are weak,” says Suh Dae Il, an economist at Mirae Asset Daewoo Securities. An inventory-to-shipment ratio of 124.2% is a concerning sign of weak export demand, as manufacturers stockpile unsold goods at warehouses. Worryingly, exports have been in continual decline for the last 16 months. Weak demand has left factory activity low across Asia, as the region’s

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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. The Courts of Korea have jurisdiction to review all exit/deportation orders issued by Korean Immigration.  Korean courts will look to whether: A.  The order complies with the law; andB.  Whether Immigration has abused its discretion. Under law, Immigration Services of Korea has broad power in the issuing of deportation and exit orders.  Law imposes restrictions on actions by Immigration under certain visa categories.  If Immigration complied with law, an Immigration’s order may be challenged under Korea’s “abuse of discretion” jurisprudence. The Courts have noted that any government action must not do more harm to the life of an individual than it does good to the public.  Many Immigration cases at the Administrative Court of Korea

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