Korean Impeachment Standard & Procedure: The Law of Impeachment in South Korea
The Korean Law Blog
by Sean Hayes
2w ago
The following article was published in the Korea Times on December 13, 2007 – we believe because of the present Impeachment issues in Korea, it is worth a repost to The Korean Law Blog. The Korean law and procedure on impeachment remains the same. Sean Hayes, the only non-Korean national lawyer to work for the Constitutional Court of Korea as a government officer wrote the article. He worked on the impeachment of President Roh case while he worked for the Constitutional ..read more
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Korean Jeonse Lease Fraud: 7-Year Sentence Upheld by Korean Supreme Court
The Korean Law Blog
by Sean Hayes
2w ago
The Korean Supreme Court upheld a 7-year prison sentence for the “Construction King” for a Jeonse Lease Fraud. The Jeonse Deposit System is a Korean rental system in which a tenant places a deposit that is sometimes 50% or more of the value of the property down on the property for the benefit of utilization of the property for a set lease term. For example, a tenant may pay a deposit of US$ 500,000 for a property with a US ..read more
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Cancellation of Korean Apartment Sales Contracts under Korean Law
The Korean Law Blog
by Sean Hayes
3w ago
In the recent past, Korean real estate developers offered potential buyers of apartment complexes that were not yet built in Korea favorable terms, including, temporary interest-free loans. However, with the economic downturn, rising vacancies, construction delays, construction defects, construction variances, and increasing interest rates many buyers are attempting to cancel apartment sales contracts in Korea through lawsuits at Korean courts. Many buyers are facing severe difficulties in paying mortgages and see some apartments as worth substantially less than the initial ..read more
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IPG Legal is Ranked as One of the Top Law Firms in Korea by Major Legal Rating Services
The Korean Law Blog
by Sean Hayes
3w ago
IPG Legal Rankings in South Korea IPG Legal, a prominent law firm based in South Korea, has consistently earned top-tier rankings in various prestigious legal industry directories and publications. These rankings reflect the firm’s excellence in providing high-quality legal services across multiple practice areas and jurisdictions including in South Korea. Below are the notable rankings and accolades achieved by IPG Legal: Chambers Asia-Pacific The Legal 500 Asia Pacific Asia Law Profiles IFLR1000 Asialaw Profiles Who’s Who Legal Overview of IPG ..read more
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Subcontracting Risks in Korea: Court Rules Subcontractor Arrangement is an Illegal Worker Dispatch Agreement
The Korean Law Blog
by Sean Hayes
3w ago
The Suwon District Court in Korea recently ruled that a subcontracting arrangement between Company B and its subcontractor, Company C, constituted an illegal worker dispatch and ordered Company B to compensate the employees of Company C for the discrepancies in wages between workers working for Company B and workers at Company C. The lawsuit was filed by former employees of Company C and highlights the legal implications and risks of Korean subcontracting arrangements in violation of Korean labor laws and ..read more
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Korean Criminal Child Abuse Defendant Found Not Guilty by Korean Courts
The Korean Law Blog
by Sean Hayes
3w ago
South Korea is renowned for its highly competitive and education-centric culture, where parents are deeply invested in their children’s academic success. This intense focus often leads to heightened sensitivity regarding educators’ treatment of their students. In many cases, parents may wrongfully report teachers to the police for actions that are minor or intended as educational guidance for child abuse and like charges. The recent Korean Supreme Court ruling in Case 2021Do13926 highlights the ongoing need to balance the protection of ..read more
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Korean Criminal Culpability under the Serious Accidents Punishment Act of Korea
The Korean Law Blog
by Sean Hayes
1M ago
The Serious Accidents Punishment Act of Korea was recently amended to, among other things, expand application to all businesses, increase punishment, and increase the scope of acts and omissions that may be punished under the Act. Violation of the act may lead to jail sentences for company executives and employees. We advise all companies engaged in activities that have the potentiality of serious injuries to employees, contractors, or third parties to perform a comprehensive safety and compliance audit with the ..read more
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Korean Freight Carrier Liability for Damaged Shipments under Korean Law
The Korean Law Blog
by Sean Hayes
1M ago
The Supreme Court of Korea held a specialized delivery company liable for damage to a rare piece of art that was damaged when an employee of the Shipping Company opened the shipping container. The duties under the contract ceased upon delivery of the item, however, the employee of the Shipping Company, beyond the scope of the contract opened the package. The case sheds light on the need for carefully drafted clauses related to the passing of the risk of loss ..read more
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Liability of Korean Real Estate Agents for Acts & Omissions
The Korean Law Blog
by Sean Hayes
1M ago
Korean Lessors’ rights to compensation from negligent and dishonest Korean real estate agents are expanding in South Korea based on recent holdings by district and appeals courts in Korea. Recent holdings at the Seoul Central District Court and an appellate court held a Korean real estate brokerage firm and the representative of the Korean real estate brokerage firm jointly liable for damages caused by the gross negligence of the broker working for a real estate agent. See: Korean Real Estate ..read more
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Korean License Agreements: 8 Musts for Succesful Licensing of Technology to a Korean Company
The Korean Law Blog
by Sean Hayes
1M ago
License Agreements in Korea are too often, simply, a spinning of license agreements used in the West. Foreign license agreements, in most cases, are not adequate for your licensing needs in Korea. The reality is Korean Law, in most cases, shall be the governing law notwithstanding the choice of law clause in your Korean license agreement if the license is utilized in Korea. South Korea has no specific statute solely governing license agreements and the general principles of contract law ..read more
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