A labor dispute leading to an indictment occurred between an employer and an employee concerning the calculation of Korean overtime work. In Korea, an employee is prohibited from working more than 52 hours each week (LSA, Article 53(1)). Thus, only 12 overtime hours are permitted to be worked each week over the normal working week of 40 hours. The dispute concerned the calculation of what constitutes these 12 overtime hours. The employer was indicted for a criminal charge under Article 53(1) of the Korean Labor Standards Act (“LSA”). The employee, with support from the Ministry of Employment ..read more

The Korean Commercial Arbitration Board (“KCAB”) in a move to encourage more international mediation at the KCAB has adopted International Medication Rules. The International Mediation Rules of the KCAB are effective as of January 1, 2024. The KCAB is the, only, statutorily-authorized arbitration board in Korea. For an article on arbitration in Korea, please see Arbitration in Korea at the Korean Commercial Arbitration Board and an Introduction to Korean Arbitration. The International Mediation Rules of the KCAB are a reaction to the growth in mediation and adoption by Australia, China, India ..read more

IPG Legal prevailed for an American Father against a Korean Mother who abducted children from America. The American father hired IPG Legal to assist in the return of the children to California via Korean Law and the Hague Convention on the Civil Aspects of Child Abduction. IPG Legal’s team included a retired senior Korean court judge, senior litigators, and internationally experienced attorneys. The Mother hired one of the largest ubiquitous Korean law firms and other Korean law firms to defend the Mother against the abduction charges. IPG Legal prevailed after a lengthy battle and the pushing ..read more

We wrote the book (ok the chapter) on Korean Franchising Law in one of the leading guides to franchising in Korea; our attorneys are consistently ranked top attorneys engaged in business in Korea; and we are ranked by rating agencies as a Top 10 Law Firm in Korea. Recently, our Dispute Resolution Team and Arbitration Team won the distinction as Dispute Resolution Law Firm of the Year for our aggressive and non-conflicted advocacy. As noted in the Global Legal Group’s International Comparative Law Guide: IPG Legal is a full-service international law firm headquartered in Seoul, Korea offering ..read more

Korean Labor & Employment Law has strict and specific rules imposed on employers, running afoul of these rules can place a representative director/sole director or the individual employee responsible for the violation of law to face criminal and civil sanctions. The criminal sanctions can include a sentence of time in prison or large fines. For an article on severance obligations after a merger please see: Korean Statutory Severance Obligations After a Merger in Korea. For example, the Employee Retirement Benefit Security Act, Art. 9(1) notes that “when an employee separates, the employer ..read more

Korean Family & Inheritance issues, often, concern legal and tax issues of varying jurisdictions. In many cases, the nationality of the decedent (person who passes leaving an estate), residence of the decedent, location of the inherited property, and the nationality and residence of those inheriting the property shall dictate the law and the applicable taxes applied. In most cases, an experienced estate lawyer and tax professional are necessary to assist in avoiding inheritance and family disputes, lessen tax burdens, and navigate the transfer and disposition of inherited assets. Korean In ..read more

Our friends at the Korean Tax Blog drafted a post on Korean Start-up Business Tax Incentives. We, at IPG Legal, have written other articles on other incentives, grants, and Korean free trade zones that can be found with a search of this blog, however, we have regrettably neglected many tax incentives. With the increasing cost of doing business in Korea, the Korean government is stepping up and offering incentives for some startup businesses., mature businesses and also businesses wishing to establish regional offices in Korea. The post lists three major incentives. 1. Research and Developmen ..read more

IPG Legal has assisted clients in the process of setting up a corporate entity in South Korea. Yes, it can be complex and time-consuming, but getting started on the right food is, often, the most important part to a successful business in Korea. For a list of corporate forms in Korea, please see: Korean Corporate Forms under the Korean Commercial Code. It is advisable to seek, in all but the most exceptional of cases, the assistance of a law firm and accountancy firm to ensure compliance with all legal and regulatory requirements. Also, if you have a partner it is best to Do Your Due Diligence ..read more

An IPG Legal attorney was quoted by the Korea Times in a case in which a U.S. Army Veteran was negligently shot by a Korean police officer. IPG Legal prevailed in obtaining a civil damages award and also persuading the Korean Prosecution to indict the police officer responsible for the injuries. For a prior article on this issue please see: American Shot by Korean Police Officer. Attorney Jiwon MIN was quoted in the article. “It is meaningful that the court acknowledged the government’s responsibility for the lasting physical and mental injuries suffered by Samberg. However, attributing fault ..read more

A language supremacy clause dictates what language governs the interpretation of a contract. Many international contracts are drafted in multiple languages. However, because of the complexity of legal terms, lack of precision in certain languages, the nature of language translation, and other local realities it is best to choose a governing language to avoid the issue of an alleged discrepancy between the Korean and English-language versions of the contract. In most cases, we advise choosing English as the governing language in a Korean contract if one party is not a Korean party. The English ..read more