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Before its major amendment in 2020, the data protection and privacy matters of ICT service providers were regulated by the Act on the Promotion of Information and Communications Network Utilization and Information Protection (“Network Act”). The data protection and privacy clauses in the Network Act, however, were later integrated into the Personal Information Protection Act (‘PIPA’) in 2020 which is the current data protection and privacy act in South Korea.

Although the PIPA doesn’t have an explicit clause, it is a general view of a Korean regulatory agency that the PIPA is applicable to any foreign business entity operating outside of Korea, so long as their businesses target Korean customers. (more…)

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When you start a business in Korea, whether it is a Korean subsidiary or a startup, choosing the right business structure has huge implications for its operation, liability, and future investment.

In the U.S., a joint stock company(C-Corporation) and a limited liability Company(LLC) are often used as business entity by foreign investors and startups. The same applies in South Korea. 

So, in this article, our Korean business lawyer explains these two entities with more emphasis on the Korean LLC, which is called a Yuhan Chegim Hoesa(YCH).

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Let’s say you obtained damages recovery judgment from a U.S. court against a Korean residing in the states.  Soon after your excitement for the winning judgment, however, you found he had no assets in the states to fulfill your judgment.  This could also happen in litigation between U.S. citizens in a U.S. court where the losing defendant moved to South Korea and there are no assets left in the U.S.  You might have spent quite a large amount of legal fees to win the judgment already, but you think your judgment is now in great peril to become useless.  This horrible situation might frustrate you.

But, don’t worry too much.  You can enforce your duly obtained U.S judgment in South Korea.  If you are sure the defendant has enough assets to cover your claims in the judgment and your legal fees, you are encouraged to file an enforcement order for a foreign judgment to a Korean court.

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You had started a business in Korea by setting up a business entity under Korean law. It is natural that, at some point, you might consider withdrawing from the Korean market and getting your investment and profits back to your home country. You might also want to close the business in Korea and liquidate all debts and liabilities. If that is the case and a stock company or LLC is the legal form of your Korean business entity, subsidiary, or affiliate, here is what you should know about the company dissolution and liquidation process in Korea.

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[Updated on October 29, 2021]

Q) I am a US citizen who married a Korean wife. We moved to California 5 years ago.  This year, she suddenly left and refused to return home with our son.  It has been 3 months but she flat out denies my right to be with him.  I am not abusive nor have I ever been violent towards her or our son.  I have already sent in my Hague Child Abduction Convention application to the U.S. State Department to start the Hague process. I would like to know if your firm has handled Hague cases for International Parental Child Abduction.

South Korea Is a Contracting Nation to Hague Child Abduction Convention

On December 13, 2012, South Korea had become the 89th contracting nation to the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Child Abduction Convention”, please refer to our previous article).

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What is a Permanent Resident Visa (F-5) ?

The name says it all. The Korean permanent resident visa (F-5) is the Korean green card, the most versatile visa for foreigners who wish to live in Korea for an unlimited period of time and without any restriction on their activities in Korea.

Eligibility

There are several categories which can apply for a permanent resident visa.

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Child support is a legal obligation of a non-custodial parent. It usually matters when the couple is divorced. But a separated spouse can ask for child support, too.

Read more: Getting Divorced in Korea as Foreigners: The Ultimate Guide

When the parties cannot agree on the amount of child support, the court makes the decision. In this regard, the Korean court has an internal rule to calculate the child support amount in Korea. Although this internal rule is not mandatory, many judges refer to this before making a decision. So it is worth looking into. It can give you a general idea of how the Korean court determines the child support amount.

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Doing business in a foreign country had many challenges. One of them is how to cope with the local laws and practices which foreign entrepreneurs are unfamiliar with. In response to these uncomfortable challenges, the entrepreneur may set a legal department within its business organization or hire an outside foreign legal counsel.

However, in this competitive business environment, having a different set up like outsourcing would be a better choice, because it will eventually save your money and help the smooth progression into a foreign market.

In this article, we explain the key concepts of legal outsourcing in Korea and what our office can provide.

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What is Overseas Korean Visa (F-4)?

The overseas Korean Visa (F-4) is a multiple entry visa. This visa is for a Korean who had obtained foreign citizenship and his/her foreign lineal descent.

Benefits

The F-4 visa is the most versatile resident visa next to the Korean permanent resident visa. This visa was originally introduced to provide the overseas Korean descendants with almost the same level of residential benefits as Korean nationals enjoy in Korea. Thus, the initial term of permitted stay is 3 years, and you can easily extend it.

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