Ask Korea Law

Published by Chung & Partners


2 Comments

[Q&A] Can I Enforce My Washington State Child Support Ruling in Korea?

(Question) I have a question regarding my current situation with my ex husband. He is a Korean national and working there in South Korea.  I lived there until 2014 when I came back to Washington and filed a divorce complaint here. Since then he has refused to speak with me.  This year my US lawyer duly served him with the paper but he just kept ignoring it.  At any rate, I got a divorce decree and child support ruling for my baby this April.  Now I am wondering how I can enforce my US ruling in Korea, knowing that he is living a  luxurious life and feels that he can just ignore his child and the responsibilities that come with it.

(Answer) I have to say there is something unclear in this case.  If the court proceedings in Washington(WA) court have been duly made, i.e. (i) the WA court had proper jurisdiction and (ii) he was duly served, you can apply for its execution in Korea to the Korean court. Otherwise, you may initiate whole process de nuvo in Korea.  The second threshold seems to have been met here. Thus, the real issue here rather be the first one.

Please note that the jurisdiction must be acknowledged in the view of Korean law, not WA law. Thus, even though the WA ruling says the WA court has a proper jurisdiction, the Korean court will Continue reading


3 Comments

Introduction to the Korean Inheritance Law

When a person is deceased in Korea, the inheritance comes to fruition immediately.  The Korean inheritance law provides who shall become the inheritor and beneficiary of the property of a deceased person, i.e. estate.  This, however, does not always mean the inheritor shall be given all the property of the decedent.  There are separate rules and restrictions of the distribution of the estate in Korea.

The basic rule of the Korean inheritance law is that the property of a deceased person is distributed according to his or her will.  So, a person who is not categorised as a person who can be an inheritor by law can be a beneficiary of the property by the decedent’s will.  What if there is no valid will?  The Korean inheritance law sets forth the rule of intestate succession.  This rule of intestate succession names the beneficiary and the shares of each beneficiary for a distribution.  The intestate succession rule provides that persons become beneficiaries in the following order:

  1. Direct descendants (children or grandchildren)
  2. Direct ascendants (parents or grandparents)
  3. Siblings
  4. Relative within the 4th degree of collateral consanguinity

Continue reading


1 Comment

Seoul Family Court Finally Answered the Paternity Case between a Korean Father and His Kopino Children Abandoned in Philippines – Paternity Actions in South Korea

On May 30, 2014, the Seoul Family Court handed down a ground-breaking decision which recognized the paternity between a Korean male and his children born out of lawful wedlock in the Philippines.  The decision marked the first time ever that a Korean Family Court adjudicated on the parentage of so-called “Kopino”, the term for those children born between a Filipina mother and a Korean father out of marriage.

The sociocultural issue surrounding the Kopino has been the criticism that the Korean fathers have abandoned Kopinos by leaving Philippines and providing no supports.  In this court case, the story was quite typical.  The Korean father met a Philippine woman back in 1997, when he was running a toy manufacturing business in Philippines.  In 1998 and 2000, they had 2 children.  But he couldn’t marry her, because he was already married to another woman in South Korea.  On April 14, 2004, he suddenly left Philippines alone and never contacted his children again.  He had never paid any support for his children.

In December 2012, frustrated by the irresponsibility of the Korean father, the children’s mother in Philippines had moved to bring a legal action in Seoul Family Court against the Korean father to establish the paternity of her children.  After 15-month litigation, the DNA test confirmed the blood ties between Continue reading


Leave a comment

[Q&A: Family Law] What Legal Rights Do I Have under the De Facto Marriage in Korea? – Introduction to How the Korean Law Treats De Facto Marriage and Its Resolution

Question) I am a US citizen and have been living with my Korean boy friend for about 3 years in South Korea.  We loved each other and agreed to marry, but we were so busy to have the legal process timely done and most importantly we found no need to do that.  We’ve just thought each other as husband and wife and so do our friends and families. While living together, he ran an Internet business and made a quite large profits from there.  I took care of every housework and sometimes I helped his business work, too. But, recently I found he had cheated on me. I was so shocked and got separated from him.  My concern is whether I have any right to the assets accumulated during our cohabitation, like a property division right between divorcing couple.

Answer) Under Korean law, in order to establish the marital relationship, the parties must report their marriage to the government.  Just having a wedding ceremony is not enough.  If the parties live together considering themselves each other’s spouse without reporting the marriage, it is called a de facto marriage.  A de facto marriage is not a legal marriage.  Thus it is not entitled to the same level of legal protection as the legal marriage.  But, when it comes to the resolution of the de facto marriage relationship, the Korean law applies almost identical protection to the parties.

First, the Korean law grants the right of property division to each party of the de facto marriage.  Each party is entitled to the share of the assets acquired during the relationship pursuant to his or her contribution.  Even if the party is solely responsible for the relationship breakdown, the person is still entitled to.  Second, a party can seek a consolation money against the other party, if the other party is solely responsible for the relationship breakdown.  The amount the party can seek is decided by various Continue reading


Leave a comment

South Korea Became the 89th Contracting Nation to the Hague Child Abduction Convention

그림 3

On December 13, 2012, South Korea acceded to the Convention on the Civil Aspects of International Child Abduction (“Hague Child Abduction Convention”), whereby South Korea became the 89th contracting nation to the convention.

Concluded in October 1980, the Hague Child Abduction Convention is a multilateral treaty aiming at prompt return of wrongfully removed or retained child from one contracting nation to another.  Under the Convention, any person or institution claiming that a child has been removed or retained in breach of custody rights may apply to any other contracting nation for assistance in securing the return of the child.

As with the Convention entering into force on March 1, 2013, South Korea enacted a subsequent domestic legislation concerning the implementation of the Convention.  Under the new legislation, the foreign spouse who is the citizen of the contracting nation of the Convention can make application to the Minister of Justice of South Korea for the assistance of return of child wrongfully abducted to South Korea.  The case asserting the return of the child pursuant to the Convention is under the exclusive jurisdiction of Seoul Family Court.  The court may issue a preliminary injunction to maintain the status quo.  Also the court may dismiss the application for the return of the child when, among others, it has passed 1 or more years since the abduction and the child has already adjusted herself into the current environment.  The person who Continue reading


Leave a comment

[Q&A: Family Law] I Need a Divorce But Don’t Know Her Whereabouts in Korea – Korean Divorce Decree in Ex Parte and Recognition of Foreign Divorce Decree in Korea

Q) I have a friend who is living in New York.  He is a US Citizen who has resided in New York for several years. His wife is from South Korea, but they have not seen each other since 2009. I don’t believe there is any animosity; he just wants to file for divorce since they are no longer in contact. My friend has not been able to get in contact with her for some time, and her family is unsure of her whereabouts as well. The parties were married in South Korea. My friend has been residing in New York so he can file here for divorce; however I am concerned about having proper service there in Korea, especially since we are unsure of her whereabouts. I believe it may be beneficial for my friend to contact a Korean Attorney. I also need to make sure that his wife did not already file for divorce in South Korea or else us filing her is a duplication of services.

A) If your friend is unable to locate his wife in Korea and concerned about the issue of proper service when filing for divorce in New York, he could have an idea to file for divorce in Korea.  In a case where the plaintiff does not know the whereabouts of the defendant, the Korean court issues a divorce decree in ex parte.   Continue reading


Leave a comment

Legal Liability Relating to Termination of Marital Engagement under Korean Law

We have received questions regarding this issue quite often.  Actually our office had taken a civil case arising out of termination of marital engagement between Korean and non-Korean, and successfully defended our client from civil liability.  So we think it is a good time to look into what happens in this kind of legal dispute and its legal implication.

Firstly, it must be mentioned that, under Korean law, if a matrimonial engagement is duly made, no party can legally terminate or rescind the engagement without justifiable causes.  This, however, does not mean the engagement shall be enforced regardless of the objection from the other party once the engagement agreement was made.  Rather, it just means if one party terminates the engagement without cause, he or she is obliged to pay monetary compensation to the other.

Then what are  the “justifiable causes” to terminate the engagement?  The law sets forth justifiable causes as follows:

  1. If one of the parties has been sentenced to punishment of not less than suspension of qualification;
  2. If one of the parties has been adjudicated as incompetent or quasi-incompetent after Continue reading