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Published by Chung & Partners Since 2008


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How to Resolve a Criminal Case Pending in Korea While Residing Abroad

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 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: Continue reading


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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) 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 Record 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) Yes, 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.

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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