Ask Korea Law

Published by Chung & Partners Since 2008


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Getting Divorced in Korea as Foreigners: The Ultimate Guide

[Updated on February 10th, 2020] We have been frequently asked about getting divorced in Korea as foreigners.  In this article, we provide you with the most essential information about divorcing in Korea.

Can Foreigners Get a Divorce Decree from the Korean Court?

Yes, Korean divorce law doesn’t treat foreigners differently.  Foreign spouses who married Korean citizens and even foreign spouses who married non-Korean citizens can divorce in Korea.

One thing to note is the Korean courts’ rule of jurisdiction which applies to international divorce.  Generally speaking, the Korean court will accept a divorce filing when the other spouse, i.e. the respondent, resides in Korea.

There is an exception to this.  In certain situations, the foreign spouse can get a divorce decree from the Korean court even when Continue reading


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[Q&A: Family Law] How Can I Divorce If I Don’t Know Whereabouts of My Spouse in Korea – Getting a Korean Ex-Parte Divorce Decree and Recognition of Foreign Divorce Decree in Korea

Q) I have a friend who is living in New York.  He is a US Citizen who has resided in New York for several years. His wife is from South Korea, but they have not seen each other since 2009. I don’t believe there is any animosity; he just wants to file for divorce since they are no longer in contact. My friend has not been able to get in contact with her for some time, and her family is unsure of her whereabouts as well. The parties were married in South Korea. My friend has been residing in New York so he can file here for divorce; however I am concerned about having proper service there in Korea, especially since we are unsure of her whereabouts. I believe it may be beneficial for my friend to contact a Korean Attorney. I also need to make sure that his wife did not already file for divorce in South Korea or else us filing her is a duplication of services.

A) If your friend is unable to locate his wife in Korea and concerned about the issue of proper service when filing for divorce in New York, he could have an idea to file for divorce in Korea.  In a case where the plaintiff does not know the whereabouts of the defendant, the Korean court issues a divorce decree in ex parte.   Continue reading


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Private Adoption by Non-Koreans in Korea

We’ve published a new article on a private adoption under the most recently amended Korean law.  Please check here.

[Disclaimer: Please note that recently there has been an amendment of the laws and regulations regarding the adoption in Korea. The amended laws will be effective soon. That said, the below article has not yet been updated pursuant to the new laws. Therefore, anyone who plans a private adoption in Korea is highly recommended to contact lawyers in advance with respect to the new laws and regulations. 2012/03/22]

Recently our office took an international adoption case in which U.S. parents living in the states want to adopt Korean kids here in South Korea. That was a private adoption case. After completing the adoption successfully, I wrote a short article on private adoption under Korean law to be published in a foreign magazine. I hope this to be of help to anyone interested in Korean adoption.

[Comments in Korean: 아래 글은 외국인이 한국에 거주하는 한국 아동을 입양하는 것에 관한 글입니다. 주지하다시피 우리나라 법상 입양은 원칙적으로 민법에 의하는 것으로 되어 있고, 예외적으로 시설(고아원 등)에서 보호되고 있는 아동(요보호아동)의 입양에 대하여는 “입양촉진및절차에관한특례법”이 적용되고 있습니다. 아래 글은 이 중 민법에 의한 입양(즉, 사적입양. 특례법에 다른 요보호아동의 입양은 ‘시설입양’이라고 하겠음)에 대한 것입니다. 민법은 양부모의 요건을 “한국인”으로 한정하고 있지 않고, 외국인에게도 동일하게 적용됩니다. 즉, 요보호아동이 아니라면 민법에 의한 해외 입양이 가능하다는 것이지요. 아래 글은 저희 사무소에서 한국인 부모가 사적입양방식으로 아이를 미국으로 입양시킨 사례에 바탕을 두었습니다. 아무쪼록 아래 글이 해외입양을 생각하는 아이 엄마, 아빠들과 입양을 간절히 원하는 외국인 부모들에게 유익한 정보가 되기를 기원해 봅니다(2008년 2월)] 

Private Adoption under Korean Law: Overview

There are two kinds of adoptions available under Korean law: an orphanage adoption (or institutional adoption) and a private adoption. The orphanage adoption process is better known to many foreign citizens who want to adopt Korean children. It is literally adopting an orphan accommodated in public assistance facilities or any authorized adoption organization. The Act on Special Cases Concerning the Promotion and Procedures of Adoption (the “ASCCPPA”) regulates the orphanage adoption in Korea. The ASCCPPA, however, requires some strict criteria for being adoptive parents, and this often hinders many foreigners from adopting Korean children. In such a case, the private adoption should seriously be considered. The private adoption is basically adopting non-orphan child in Korea under the Civil Act of Korea. In this article, authors will briefly discuss the private adoption procedure and requirements under the Civil Act of Korea. It should be noted that this article will not discuss with the further U.S. immigration requirements that must be undertaken to obtain relevant visa for the adopted child.

Under the Civil Act, any person can adopt a child by: (a) entering into an adoption agreement with the child and his parents; and (b) reporting the adoption to the relevant public office. If the child to be adopted is under fifteen years of age, his or her parents must assent to the adoption on his or her behalf.

This same requirement applies to any foreigner who wants to adopt a Korean child regardless of his or her nationality and whether he or she is living in Korea. Furthermore, the eligibility requirements under the Civil Act are less strict than those of orphanage adoption. The adoptive person is just required to be over 20 years of age and older than the child to be adopted. Also, single mother or father can adopt a child. Continue reading