Ask Korea Law

Published by Chung & Partners


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[Q&A] As a Korean Adoptee Living in the U.S., Do I Have an Inheritance Right to My Biological Father in Korea?

Q) I am a Korean adoptee that lives in the U.S.  Recently I found my biological parents died in South Korea.  He is survived by his wife and 2 sons.  He had businesses in Korea.  Do I have a right to claim an inheritance to his estate?  I have never met or spoken to his wife and sons and so I don’t know if he had a will written.  What are my rights?

A) Based on your explanation, I am of the opinion that you are entitled to the inheritance to your deceased Korean father.  The law of your deceased father’s home country shall govern your inheritance claim.  Under Korean law, assuming he is survived by his wife and 2 sons, your inheritance share will be 2/9. (Please click here for a general overview of the Korean inheritance law)

You will need to file 2 suits with the Korean court.  The first one will be a paternity suit and the second one will be a inheritance claim suit.

Actually I have been dealing with a very similar case.  She was adopted to American family when she was young from Korea and asked our office to claim her inheritance to her deceased Korean biological father.  We won the paternity suit Continue reading


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[Q&A] My Wife Took My Child without My Consent to South Korea. Can I Get My Child Returned?

Q) I am a US citizen who married a Korean wife. We moved to California in 2015 and also had a son the same year.  This year, she suddenly left in April and refused to return home with our son.  It has been 3 months now since I have been able to be with our son and 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 Convention Application to the U.S. State Department to get the Hague process started. I would like to know if your firm has handled Hague cases for International Parental Child Abduction and if you have been successful in having the child returned to their country of habitual residence.

A) 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(please refer to our previous article on this subject).

I have dealt with the first Hague international child abduction case at the Seoul Family Court and succeeded in getting the child back to her habitual residence. Continue reading


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[Q&A] You Can Enter into Korea during the Entry Ban Period with a Special Entry Permit from the Immigration Office

Q) I was deported from Korea in 2015. I was given a five year entry ban for domestic violence against my then ex South Korean wife. The sentence I received was 3 years probation. However, I have a young child in Korea, who is taken care of by my ex-wife, but I have been paying the child supports. I would like to visit Korea to see my child but I am very worried that my visa application or entry would be denied by the past record and the entry ban.  My ex wife and I are now in a good relationship and she would provide a supportive letter for me. What is the likelihood that the Korean immigration will allow me to see my son?

A) In principle, a foreigner listed on the entry ban of Korean immigration office is prohibited to enter Korea for some period of time.  There is, however, a special entry permit which can be made during the period of entry ban for some humanitarian reason.  Most common cases are for the family unity purposes.  For example, there was a case where Continue reading


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[Q&A] Getting a Korean Criminal/Investigation Records Check Reply While Staying Abroad

Q) For my immigration purpose I need to submit to the Canadian authority a Korean Police Clearance Certificate of a Korean Criminal Check, whatever it is called,  which has “lapsed records” which means all the criminal records database search. I contacted the Korean embassy in Toronto and they only issue normal Police Record which is not accepted by the Canadian Immigration and told me I had to get it from the local police station in Korea.  However, it is not feasible for me to visit Korea just in order to get this document.  I’m wondering whether your law firm deals with this type of case or not ? If so I would like to know the details about the process.

A) Yes, we’ve been dealing with this kind of case quite many times.  The most recent client was in need of this document to submit to the Canadian immigration.  We could get Continue reading


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[Q&A] Fake ID and Citizenship Revocation

Q) Recently, the Ministry of Justice(MOJ) had revoked my Korean citizenship.  I came from Pakistan, lived in Korea for 12 years without any problem and duly acquired my Korean citizenship 3 years ago.  The MOJ’s decision was made on the ground that my passport had been forged.  But that is not true.  It has a different name on it but it was a newly issued one which can be authorized by the local government.  Can I get my Korean citizenship back?

A) First of all, the MOJ’ decision to revoke your Korean citizenship is under the judicial review of Korean Administrative court.  There are cases where the court overturned the MOJ’s citizenship revocation on the ground that either (i) there is no legal ground for revocation and/or (ii) the decision causes too much personal harm rather than serving a public cause.

There are many fake/newly-issued foreign passport cases in Korea.  Some courts held that the revocation made against a person who had submitted a fake/newly-issued foreign passport while Continue reading


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[Q&A] Do I Really Have to Give up My Inheritance Share as Other Korean Heirs Claim?

Q) My mother passed away a few months ago. There was no will. She was a Korean citizen and her husband too. All two children live in US. As we understand I have inherited a 2/7 share of my mother’s condominium and some cash in Korea. My stepfather and his Korean lawyer seem to up to no good. They both have sent conflicting and in my opinion false information to me. Especially his lawyer is threatening me that I would not able to sell my share so I had no choice but to give up or transfer my share. The stepfather asked me to sign POA and a Renunciation of Inheritance but I refused. Can you give any advice?

A) As your deceased mother was a Korean, the Korean inheritance law shall be the governing law in Korea(Please click here for general overview of the Korean inheritance law).  Under Korean inheritance law, you and other heirs had already become the co-owners of the condominium and the bank assets of the deceased.  You have no reason to give up your share nor transfer the share to the stepfather as he advised.  The stepfather’s lawyer alleged that Continue reading


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[Q&A] Leaking Employer’s Confidential Information and Employment Termination : What Is Confidential Information under Korean Law?

“Hello, I am a U.S. citizen working for a Korean listed company.  Recently my company sent me a dismissal notice saying I had breached the employment contract by leaking their confidential information.  Informations at issue are a set of sale/purchase statements of the company.  I downloaded those informations from the company’s server to my personal email account.  But, there has been no warning mark of confidentiality.  My other colleagues have a free access too, and the information sometimes was provided to our suppliers.  Did I really breach the confidentiality of my Korean employer?”  

Leaking employer’s confidential information could result in a termination of the employment contract.  The legal issue, however, still remain whether or not the information can be regarded as a confidential information.

Most employers in Korea have their own rules of employment which state what is a confidential information.  And even an employment contract could list a set of confidential informations which the employee should not disclose to 3rd parties.  But, defining what is a confidential information is a matter of law and, therefore, the Korean court does not always follow the definition which an employer had been set in their internal documents.

The Korean court has well-established precedent that the confidential information should be Continue reading