Ask Korea Law

Published by Chung & Partners Since 2008


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[Q&A] Criminal Charge and Its Legal Implications in Exit Order, Entry Ban and Visa Refusal in Korea

Q) This past weekend I was involved in some altercation with a Korean guy at the local bar.  I pushed him slightly, but he fell down and broke his wrist.  He phoned a police officer and filed a criminal accusation against me.  I am an E-2 visa holder.  What can I do now to help myself?

A) If you are a first offender and had no other criminal record, I don’t think this case becomes a serious one.  However, as you are a foreigner, any conviction could lead to an exit order and an entry ban decision from the Korean immigration office.  Under the current rule, if a foreigner is fined more than 5,000,000KRW for any crime in Korea, the immigration office can issue an exit order and a future visa application and extension could be denied.  It can also result in an entry ban.  Under the rule, the duration of entry ban is as follows:

  • total amount of fine for the last 1 year exceeds 5,000,000KRW: 1 year
  • committed any crime more than 2 times for the last 1 year: 1 year
  • the amount of fine is between 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 in connection with his visa application. We could get Continue reading


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Chung & Partners Successfully Represented Renowned U.S company in Policing Intellectual Property in Korea

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 Continue reading