If you’re involved in a criminal trial in Korea, understanding each stage of the process is crucial for making informed decisions.  This guide, written by our experienced Korean criminal litigation lawyer, provides a straightforward overview of the key steps involved in a Korean criminal trial.  Whether you’re a defendant or simply interested in learning about the process, this guide will help you understand what to expect.

(more…)

Are you a foreign national facing criminal charges in Korea? Navigating the local legal system can feel overwhelming, especially with the added challenges of language barriers and cultural differences. This guide offers an overview of the criminal defense process in Korea, with a special focus on Korean criminal investigation procedures, highlighting the crucial role a skilled Korean criminal defense attorney plays during this critical stage.

(more…)

We are taking about a situation where a foreigner is accused of any crime in Korea but he has already left Korea for any reason.  Some might come back to Korea to defend himself or some might just ignore it.  However, just ignoring can’t free you from the potential legal risk.  You won’t be allowed to enter into Korea and could be arrested at the border.  Recently, Korean Police is very active in requesting the INTERPOL to issue a red notice in order to have law enforcement worldwide locate and provisionally arrest the suspect.

Then can a foreign suspect resolve a pending criminal investigation case while staying abroad?  The answer is yes, but in a very exceptional case.  The Korean prosecutors are having a strict position that all suspects must appear at the face-to-face interrogation with the investigating authority.  If the suspect refuses to do so or the Korean prosecutor can’t locate the suspect, the prosecutor suspends the investigation and asks the court to issue an arrest warrant.  This warrant is noticed to the Korean immigration office.  As a result, the suspect could be arrested when s/he passes the Korean border.  Being abroad are usually insufficient as a just excuse.

There are, however, certain exceptions where the criminal case can be resolved without the suspect’s personal appearance: (more…)

Q) I want to know how to get a Korean Criminal Investigation Records Check Reply. For my immigration application purpose, I need to submit this to the Canadian authority (CIC Canada). They said this document must include the “lapsed records”, i.e. all the criminal records database search. I contacted the Korean embassy in Toronto and they only issue normal Police Records which is not accepted by the CIC. They told me I had to get it from the local police station in South 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. If so, I would like to know the details of the process.

A) We’ve been dealing with this kind of case quite often.  The Canadian immigration office is requesting a Police Certificate. The official title of this document in Korea is a Korean Criminal Investigation Records Check Reply(범죄수사경력회보서). There are many people wondering how to get this Korean criminal background check and it also seems that there is conflicting information about this.

(more…)

Recently, Mr. Wonil Chung, a partner at Chung & Partners, has successfully represented NHS, Inc., an internationally renowned U.S. company which sells skateboards, apparel under various trademarked brand worldwide, in policing their trademark in South Korea.  NHS, Inc. and its Korean distributor had found that counterfeits of SantaCruz, one of the NHS, Inc.’s premium brand, had been made and sold in numerous online shopping mall sites in Korea.  They requested Mr. Wonil Chung to stop them from selling the counterfeits.  Mr. Wonil Chung sent cease and desist letters to the online shopping sites which sold the counterfeits, notifying (more…)