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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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Is a Private Adoption Legal in South Korea?

Private Adoption is Legal in South Korea

The answer is yes, a private adoption is legal in South Korea.  There are two types of adoption under Korean legal system.  One is a private adoption and the other one is a foster care adoption.  A private adoption is an adoption which is initiated by a private placement from the birth parent without the involvement of any adoption agency.    The most important distinction of a private adoption is that it is regulated by the Civil Code and it cannot be executed for a child in a foster care or an orphanage.  Any child who is in a foster care or an orphanage (“Special Protection Child”) should be adopted through the government approved adoption agency.  This foster care adoption is regulated not by the Civil Code but by the Act on Special Case Concerning Adoption.

Private Adoption and Foster Care Adoption Are Regulated by Totally Different Legal Systems

Although the two adoptions are regulated by the totally different legal systems, many people often confuse these two.  Like a foster care adoption must be taken care of by an adoption agency, non-foster care adoption, i.e. a private adoption, Continue reading


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Introduction to the Property Division and Consolation Money Claim under the Korean Divorce Law

When you divorce under Korean law, there are the matters of property division and consolation money.

A property division is a legal right of any spouse who is divorced under the Korean law.  Some people think a spouse at fault is not awarded this right, but that is not true.  There was a court case where even a spouse who cheated on the wife can claim for property division.

The subject of division is any and every marital asset acquire and/or maintained during the marriage.  The debts are also divided.

When dividing the marital asset, the Korean court will decide and apply the contributor share of each party in the course of acquiring and maintaining the marital assets regardless of whose name is on it.  Most common ration is 50:50.  But when the time of marriage is very short and the value of the assets is high, Continue reading


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Patent License Agreement in Korea – What Happens to Royalty Payment When the Patent Later Becomes Invalidated

Korean Law OfficeThere is no doubt that intellectual property is a valuable asset and parties all around the world are dealing with an arrange of utilizing 3rd party’s intellectual properties.  Sometimes it could be a license or sometimes a transfer.  In any case it is very important to verify the validity of the underlying intellectual property before entering into a contract.  As for a patent, first it looks relatively simple compared to other intellectual property such as a copyright to clear this issue because a patent is being registered with the Korean Intellectual Property Office.  The registration, however, does not guaranty the validity of the patent at issue.  It can be challenged later by 3rd party and could be nullified by the court’s decision.  Then what happens if the patent becomes void after the license agreement is entered into?  The Korean Patent Act provides that if a court’s decision invalidating a patent becomes final and conclusive, the patent shall be deemed never to have existed.  Then what happens to the royalty previously paid by the licensee?  Does the licensee can refuse to pay the royalty after the patent gets invalidated and even ask for the refund of the royalties previously paid pursuant to the patent license agreement?  The Supreme Court of Korea said No.
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Choice of Laws Is Critical When It Comes to an International Inheritance

Korean LawyerRecently our office has represented US clients whose German father had passed away in South Korea without any will.  At the time of passing, the deceased was domiciled in Korea and remarried to a Korean wife.  The Korean wife contacted the US family out of blue to discuss how to distribute the estate in Korea.  The US clients were the children from the deceased’s previous marriage in the US.  They contacted our office for the legal advice and representation.

One of the issues was which country’s inheritance law shall be applicable, i.e. the Korean inheritance law or the German inheritance law.  This was because the deceased had a foreign nationality, while his estate and residence at the time of passing were all in Korea.  Practically, when the Korean law is applied, the US children shall be entitled to the larger shares than those granted under the German law.

In Korea, Article 49 of the Korean Act on Private International Law(“APIL”) is the starting point to determine which country’s law shall be the governing law in case of an international inheritance case.  It provides that Continue reading


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Rights of a Criminal Suspect during the Korean Investigation Procedures – Self-Advocacy Note Presented by the Seoul Bar Association

Seoul Bar AssociationThe Seoul Bar Association has recently issued a Self-Advocacy Note for the use of any criminal suspect under the Korean investigative procedures.  Before this being issued, the National Human Rights Commissions had recommended the police and the prosecutors to guarantee the criminal suspects’ right to take notes.  Although this may sound weird to some from other countries, the Korean police and prosecutors have been prohibiting the suspects from taking their own notes during the interrogation.

 

This Self-Advocy note is prepared in order to help any suspect inducing a foreign suspect to fully understand and examine his/her statutory rights to self-advocacy before and during the investigative procedures. You can download it at the homepage of the Seoul Bar association or by clicking here.

This also contains a good explanation of the overall investigative procedures under Korean law.  Below is quoted from the English version of Self-Advocacy Note which explains about the Criminal Investigative Procedures in Korea.  It should be greatly appreciated that Continue reading


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Prenuptial Agreement under Korean Law

Unlike situations in some states in the U.S., a prenuptial agreement is somewhat in a grey area in Korean legal system.  When the case later goes into a divorce by agreement, the prenup would be fully honored by the court, too.  When the case, however, goes into a judicial divorce or a contested divorce, the Korean court applies more strict standard in honoring the validity and application scope of the prenuptial agreement.

I would not say signing a prenuptial agreement is meaningless.  To the contrary having a prenuptial agreement is better than having no such agreement.  Even in case of a contested divorce, the existence of a prenuptial agreement could work for your advantage when the court decides which property shall be distributed and which property shall be opted out.

If you have any question regarding this article or you are in a similar case/situation , please visit our Legal Consultation center or send your inquiry email by clicking here.  Our Korean qualified lawyer will answer your inquiry.

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