Apple’s Korean Office Paid Compensation to a South Korean User for iPhone Location Tracking – So Does This Mean Korean Court Made an End to the Legal Fight?

July 15, 2011

It was reported that last month Apple’s South Korean office paid $945 of compensation to a South Korean iPhone user for the breaching of privacy by the controversial iPhone user location tracking.  Here is the detail from Reuters.

By the way, some news providers reported that this was the ruling from a Korean district court.  I, as a Korean lawyer, think that statement is half right and half wrong.  Basically it is true that the court issued a ruling which ordered the Apple Korea to pay $945 to the user.  But this was not the formal trial case, but a Request for a Payment Order case.  Payment order is much convenient & simplified legal procedures for claimant to get a judgment from the court compared to a formal lawsuit.  Once a request filed, the Korean court does not question the debtor (in this case, the Apple Korea) and issue a Payment Order within 2 or 4 weeks (in certain courts, within a few days). This payment order, a sort of ruling, asks the opposing party to choose whether to admit the claim as written on the request or to make an objection.  If no objection has been raised from the opposing party within 2 weeks, then Read the rest of this entry »


[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 »


[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 »


[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 »


[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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