Ask Korea Law

Published by Chung & Partners since 2008


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Can a Church Own a Property? How Is a Church Treated Under Korean Law?

Recently I got a question about legal entity of a church under Korean civil law. The questioner asked “Can a church purchase property?”, “How can a church hold title to property”.

Under Korean Civil Law, a church can be treated as a legal entity so long as it has (i) a internal regulations, (ii) a decision making body, (iii) executive director(s) and (iv) it’s own social activity. If a church meets those requirements, it can hold title to property legally and effectively, and can register the property(immovables such as land, building…) under its name.

Surely a church’s assets(land, building) can be held by individual member(s) of that church or by the third legal entity. In that case, Continue reading


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Compulsory Execution Against Corporeal Movables Under Korean Law : the Story of so-called “Red Sticker”

 

A couple of years ago, I got a request for explaining Korean civil execution system. The questioner had seen, in Korean dramas, a group of men barging into the other’s house sticking palm sized red stickers on furniture and other items around the house. He though that was unfamiliar to U.S. citizens and asked me about that. The below article was a short introduction essay on that issue, which was supposed to be contributed to a U.S.magazine:

Under Korean Civil Execution Law, the compulsory execution can be classified into 4 categories according to the objects of the execution; (i) immovables, (ii) vessels, motor vehicles, construction machines and aircraft, (iii) corporeal movables, (iv) claims and other property right. Compulsory execution against corporeal movables shall be effected by a execution officer who has been appointed by the competent court over the location of the corporeal movables upon a written application of a creditor who has already got an executory exemplification(such as final and conclusive judgment).The process of compulsory execution against corporeal movables comprises seizure of the object, encashment and distribution. A seizure of corporeal movables in possession of the debtor shall be effected by taking possession of the objects by the execution officer, provided that when the creditor consents thereto or their transport is difficult, they may be left in the custody of the debtor by clarifying, by the sealing (usually it is called “red stickers”) or by other means, that they are the seized objects.

Although the value of corporeal movables mostly becomes insufficient to satisfy the creditor’s claim, compulsary execution against corporeal movables is widely used to give psychological pressure to

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