[Q&A: Family Law] When Foreign Couples Divorce and Get Married in Korea

September 1, 2010

Q) I have some questions about marriage and divorce law in Korea regarding two internationals living in Korea-one is a U.S. citizen, the woman is neither a citizen of Korea nor the U.S.  The woman was forced into a first marriage, against her will, when she lived in her home country.  Can she divorce in absentia and then re-marry in Korea?

A) The Korean court permits international divorce lawsuit basically if the both foreign parties are living in Korea.  If the husband does not reside in Korea, as your question, the divorce lawsuit can be accepted only when she fails to locate him or he answers the lawsuit filed under Korean court.

Regarding the governing law, the divorce case shall be governed in the following order under Korean law:

  1. the same law of nationality of both spouses
  2. the same law of habitual residence of both spouses
  3. the law of the place where is most closely connected with both spouses.

The Korean court shall decide Read the rest of this entry »

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Posted by chungwi

[Q&A: Divorce Law] Does Being Separated for Many Years Itself Make It Easy to Get Divorced under Korean Law?

August 18, 2010

Q) Most of my friends say if you’ve got separated for many years, it is easy to apply for a divorce.  Is that true?

A) Basically being separated for many years is, by itself, not an justifiable cause for a judicial divorce under Korea divorce law.  The key issue will be why both of you have been separated.  If it is because of your husband’s violence and/or maltreatment, you’re surely entitled to request a divorce decree to a Korean Family court, even if you’re separated for only 1 day.  To the contrary, if you’ve maliciously Read the rest of this entry »

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Posted by chungwi

[Q&A: Labor Law] As an English Teacher in Korea, Am I Entitled to a Severance Payment, Even Though My Contract Doesn’t Mention It?

August 16, 2010

Q) I am on an F2 visa and teaching for 28 months at the same school. The contract between myself and the Owner is basically a few written lines , just mention salary and final teaching date. There is no mentioning of severence payment. According to the Labor Law, am I entitled to severence payment even though it is not mention in a short contract?

A) If and to the extent that you are legally regarded as an employee under Korean labor law, you are entitled to to the severance payment.

The term employee under Korean labor law is someone who provides labor pursuant to his or her employer’s instructions or directions in exchange for wage compensation.  The most important factors for classifying someone as an employee are, Read the rest of this entry »

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Posted by chungwi

[Q&A: Entertainment Law] Can a Film Company Use a Screen Shot Which Contains My Image Without My Consent?

August 15, 2010

Q) I, as a foreign actress living in Korea, recently appeared in a Korean movie that was very successful. I had about 10 lines – 10 minutes of screen time.  Now I see that the film company has put my picture on the back of the DVD case in which the movie has just been released. They Never asked for my permission and Never paid me any money for this.  Do you believe that I have a case against the film company?  Thank You.

A) I understand a certain portion of movie screen shot is printed on the back side of the DVD case.  In this case, the producer, not an actor, has the right to the screen shot.  So the producer does Read the rest of this entry »

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Posted by chungwi

[Q&A: Labor Law] Is There a Legally Binding “40 Working Hour a Week Limit” in Korea?

August 11, 2010

Q) Please could you clean up this question that nobody seems to be willing to answer. Is there a legally binding 40 working hour a week or not in Korea?

A) Yes, there is a 40-work-hours clause in Korean labor law.

The Labor Standard Act of Korea provides that “Work hours shall not exceed 40 hours a week, excluding hours of recess”.

However, in case of workers who are not less than eighteen years of age and women workers who are not in pregnancy, a employer and a workers’ representative can legally agree to extend work hours in excess of 40 hours a week to the extent that Read the rest of this entry »

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Posted by chungwi

[Q&A] Can an Employer Ban Its Employee from Having an Additional Job under Korean Labor Law?

June 15, 2010

Basically Korean labor Law doesn’t regulate employee’s having concurrent and/or additional job.  However, most employment agreements(EA) prohibit employees from having additional jobs.  So there have been many cases where employers fire employees based on his or her breach of prohibition of additional job clause in EA.

In this regard, the court’s standpoint is that as having additional job is a matter of privacy Read the rest of this entry »

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Posted by chungwi

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