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Lawyer in SEOUL / Lee & Law South Korean Lawyer

🚨 Did you secretly check your cheating spouse’s phone? You might be committing a crime! πŸ“±πŸ’”Hello, I'm attorney Jiwon Lee....
07/08/2026

🚨 Did you secretly check your cheating spouse’s phone? You might be committing a crime! πŸ“±πŸ’”

Hello, I'm attorney Jiwon Lee.

Are you suspecting your spouse of infidelity? It’s tempting to unlock their phone to gather evidence before filing for divorce. But did you know that doing this could make YOU a criminal?
Here is what you need to know about the legal risks of snooping through a spouse's phone in South Korea.

🚫 THE CORE TRUTH: IT IS A CRIMINAL OFFENSE! Even if your goal is to gather evidence of an affair, unlocking your spouse's phone without explicit consent is illegal. According to the Supreme Court, marriage does not waive a person's right to privacy.
1️⃣ Information and Communications Network Act: Unauthorized access to digital records (like reading messengers) can lead to up to 5 years in prison or a heavy fine.
2️⃣ Infringement of Secrecy (Criminal Act): Bypassing a security lock (password, pattern, Face ID) to read private digital records is punishable by up to 3 years in prison.

βš–οΈ CAN I STILL USE THIS EVIDENCE IN COURT? In Family Court (for divorce and alimony), judges have the discretion to accept secretly taken screenshots as evidence of infidelity. The Catch: You might win your divorce case and get alimony, but your ex-spouse can still press criminal charges against you for violating their privacy!

πŸ’‘ HOW TO LEGALLY GATHER EVIDENCE: Don't risk getting a criminal record. Instead, use legal channels:
βœ… Court Orders: Once you file a lawsuit, you can request credit card histories (like hotel payments), telecom records, and immigration records through the court.
βœ… Shared Devices: Use footage from a jointly owned family car's dashcam.
βœ… Evidence Preservation: Apply to the court to secure hotel CCTV footage before it gets deleted.

⚠️ WHAT IF I ALREADY HAVE THE SCREENSHOTS? DO NOT share them with anyone! Spreading them to family or friends adds Defamation to your charges. Consult a divorce lawyer immediately. Often, lawyers use this evidence strategically as leverage during divorce mediation (e.g., agreeing not to sue for infidelity if they drop the privacy violation charges).

Don't let a moment of betrayal turn you into a criminal suspect. Protect your rights within the boundaries of the law! πŸ›οΈβœ¨



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Hello, I'm Attorney Jiwon Lee.Got into a bar fight? Even if they hit you first, if you hit back, the police will likely ...
06/08/2026

Hello, I'm Attorney Jiwon Lee.

Got into a bar fight? Even if they hit you first, if you hit back, the police will likely process it as "mutual assault." Here is exactly why, and why being drunk won't help you get a lighter sentence.

🟦 Hitting Back Makes You an Offender If you exchange blows, you both become offenders and victims of Assault. The Supreme Court maintains that retaliation is an act of mutual attack, not self-defense.

πŸ›οΈ Why Self-Defense is Rarely Recognized
1. Current Infringement: Hitting back after an attack ends is considered revenge, not defense.
2. Reasonable Justification: "An eye for an eye" in a bar fight is viewed by courts as an aggressive counterattack, not a passive defense (like blocking or dodging).

⚠️ Intoxication: A Disadvantage, Not Leniency Do not expect a reduced sentence for being drunk. Courts rarely accept "mental impairment" from alcohol alone. In fact, voluntarily drinking when a dispute is foreseeable can entirely disqualify you from leniency and increase your legal responsibility.

πŸ“‹ Reality of Mutual Assault
πŸ”Ή Simple Assault: Max 2 yrs prison or 5M KRW. Can be dropped if the victim agrees! βœ…
πŸ”Ή Injury: Max 7 yrs prison or 10M KRW. CANNOT be dropped even if the victim agrees! ❌
(Note: If your counterattack caused an "injury," settling with the other party will not stop your prosecution.)

βœ”οΈ How Being Hit First Helps You
* Lighter Sentence: It is a strong mitigating factor for your penalty.
* Proof of Guilt: It ensures the other party is also held criminally liable.
* First Mover Advantage: The first person to call 112 is often perceived as the victim.

πŸ›‘οΈ Step-by-Step Action Plan
1. Call 112 First: Clearly state that you were attacked first.
2. Secure Evidence: Request immediate CCTV preservation and get witness contacts.
3. Visit a Hospital: Obtain a medical certificate on the exact same day.
4. Consult a Lawyer: Always get counsel before making official statements or signing settlements.

❓ Quick FAQs
* They used a weapon (glass, bottle)? They face "Special Assault." Your chances of claiming self-defense increase significantly.
* I didn't hit back at all? Keep your statements consistent and use CCTV to prove it was one-sided.

πŸ’‘ Summary: Hitting back makes you legally responsible. Report first, gather evidence, and seek legal counsel!



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πŸŽ™οΈ Can a Voice Recording Really Win Your Case in Korea?Hello, I'm attorney Jiwon Lee.  A voice recording can be one of t...
05/08/2026

πŸŽ™οΈ Can a Voice Recording Really Win Your Case in Korea?

Hello, I'm attorney Jiwon Lee.

A voice recording can be one of the strongest pieces of evidence in Korean civil, criminal, and family (divorce) casesβ€”but only if it was obtained and submitted legally. A recording that helps one person could expose another to criminal liability if the law is ignored.
Here's what you need to know. πŸ‘‡

βœ… Rule #1: Were YOU part of the conversation?
This is the most important rule.
βœ”οΈ If you participated in the conversation or phone call, you may legally record it without telling the other person. Such recordings are generally admissible as evidence in court.
❌ If you secretly leave a recorder in someone else's room, car, or office to capture conversations you are not involved in, that is considered illegal wiretapping under Korean law. Those recordings are generally not admissible and may even result in criminal penalties.

πŸ“„ Why isn't the audio file enough?
Many people think they can simply submit the recording itself.
In reality, Korean courts usually prefer a written transcript because judges cannot listen to hours of audio for every case. The transcript becomes the primary documentary evidence, while the original recording is used to verify its accuracy if necessary.

⚠️ Common mistakes that weaken evidence
🚫 Recording conversations between other people.�🚫 Editing or cutting out unfavorable parts.�🚫 Typing your own transcript and expecting the court to accept it.�🚫 Deleting the original audio file.
These mistakes can seriously reduce the evidentiary valueβ€”or even create legal problems.

πŸ’Ό The safest approach
βœ”οΈ Keep the original recording.οΏ½βœ”οΈ Use a certified professional stenographer to prepare an accurate transcript.οΏ½βœ”οΈ Submit both the transcript and the original audio if requested.
A professionally prepared transcript carries much greater credibility than one prepared by a party to the case.

πŸ’‘ Quick Checklist
βœ… I was part of the conversation.οΏ½βœ… I kept the original recording.οΏ½βœ… I didn't edit the audio.οΏ½βœ… I used a professional transcript for court.
A voice recording can reveal the truthβ€”but only when it is collected and presented the right way. Following the proper legal process can make the difference between powerful evidence and evidence that the court refuses to accept.

βš–οΈ Every case is different. If you're unsure whether your recording can be used in court, seek legal advice before submitting it.

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🚨 Entered Korea on a Spousal Visa… But the Marriage Was a Scam. What Happens to Your Visa? πŸ‡°πŸ‡·πŸ’”Hello, I'm attorney Jiwon ...
04/08/2026

🚨 Entered Korea on a Spousal Visa… But the Marriage Was a Scam. What Happens to Your Visa? πŸ‡°πŸ‡·πŸ’”

Hello, I'm attorney Jiwon Lee.

Many foreign nationals come to Korea on an F-6 spousal visa expecting to start a new life with their spouse. Unfortunately, some later discover that the marriage was built on deception. 😞
One of the first questions people ask is:

❓ "Will I lose my visa?"
The answer depends on the facts.
If the Korean Immigration Service concludes that the marriage was fraudulent or not genuine, the F-6 visa may be canceled. However, being the victim of marriage fraud does NOT automatically mean you must leave Korea.

βœ… If you entered the marriage honestly and were deceived by your spouse, there may be legal options available depending on your situation. In some cases, it may be possible to change to another visa or receive other legal protections.
If you believe you are a victim of marriage fraud, consider taking these steps:
πŸ“± Save your chat messages, emails, and call records.
πŸ“Έ Keep photos, financial records, and other evidence of your relationship.
πŸ“„ Preserve any documents related to your marriage.
πŸš” Report the fraud when appropriate.

βš–οΈ Speak with an immigration lawyer before making important decisions about your visa or leaving Korea.
Remember, every case is different. Immigration authorities will carefully examine the evidence before making a decision, so acting quickly and preserving proof can make a significant difference.

πŸ’‘ The earlier you seek legal advice, the more options you may have.

⚠️ Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Immigration outcomes vary depending on the specific facts of each case.



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🚨 Motel CCTV as Evidence: What You Need to Know! 🚨Hello, I’m Attorney Jiwon LeeMotel CCTV footage can be a game-changer ...
03/08/2026

🚨 Motel CCTV as Evidence: What You Need to Know! 🚨

Hello, I’m Attorney Jiwon Lee

Motel CCTV footage can be a game-changer in criminal, civil, and divorce cases. But did you know that getting it the wrong way could land you and the motel staff in serious legal trouble? 😱

Here is your essential guide to safely and legally securing CCTV evidence.

πŸ”‘ The Core Rule: CCTV is Protected Personal Data
CCTV captures faces and movements, making it strictly protected under privacy laws. A crucial 2024 Supreme Court ruling declared that even simply showing a CCTV screen to a third party is an illegal data leak. If a motel employee lets you peek at the screen without a warrant, they could face up to 5 years in prison or a massive fine!

πŸ›οΈ Criminal Cases: Let the Police Handle It
If you are a victim of a crime, report it immediately. The police have the authority to legally secure the footage through official requests or search warrants. βœ…

πŸ“‹ Civil & Divorce Cases (e.g., Infidelity)
Need footage for a lawsuit?
❌ DO NOT: Demand the footage directly from the motel or secretly film the monitor with your smartphone. It is illegal, and the evidence might be thrown out in court.
βœ… DO: File an Evidence Preservation Application with the court. This is the safest and only legal civilian route to secure the video for your case.

⏳ Act Fast!
Most motels overwrite their footage within 2 to 4 weeks. You must act quickly before the evidence disappears forever.

βœ… Your Action Checklist:
Criminal issue? πŸ‘‰ Call the police immediately so they can secure a warrant.
Civil/Divorce issue? πŸ‘‰ Apply for court evidence preservation (consulting a lawyer is highly recommended).
Never pressure staff to show you screens.
Free legal advice in Korea: ☎ 132 (Korea Legal Aid Corporation).
Protect your case by playing strictly by the rules! βš–οΈπŸ›‘οΈ




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Hello, I'm attorney Jiwon Lee.  πŸ”‘ A Suspended Sentence Is a ConvictionLegally, a suspended sentence means you were found...
31/07/2026

Hello, I'm attorney Jiwon Lee.

πŸ”‘ A Suspended Sentence Is a Conviction
Legally, a suspended sentence means you were found guilty. The court imposed a sentence but paused its ex*****on. Until the probationary period ends, a criminal record exists. If a visa form asks about "convictions," a suspended sentence absolutely falls under this category.

πŸ“‹ What the Korean Visa Form Asks
Most Korean visa application forms explicitly ask: "Have you ever been convicted of a crime? (including suspended sentences and stay of sentencing)."

⚠️ Consequences of Non-Disclosure
Leaving out a criminal record creates much worse outcomes than the conviction itself:
* Visa Cancellation: Already-issued visas can be cancelled and future applications prejudiced.
* Denial at Port of Entry: If caught at immigration, entry is refused on the spot.
* Status Revocation: Discovered false information can revoke your current residence status.
* Entry Ban: Submitting false documents can result in a multi-year entry ban.

πŸ›οΈ How It Affects Visa Review
Disclosure does not mean automatic rejection. It depends on:
* Visa Type: Long-term work visas (like E-2) have strict standards. Short-term visas (C-3) are reviewed with more flexibility.
* Nature of Offense: Drugs, s*x offenses, violence, or fraud are severe red flags. Minor offenses allow for more officer discretion.
* After Probation: Even if the probationary period has ended and the record is "spent," it is always safer to disclose it and explicitly state that the sentence effect has lapsed.

✏️ How to Disclose Effectively
Don't just check the box. Provide clear details: "Convicted of [offense] in [year]. Sentenced to [X], suspended for [Y]. Probation completed [date]. Sentence effect lapsed." Submit supporting documents demonstrating good conduct (employment history, reference letters) to positively influence the review.

❓ Frequently Asked Questions
* Suspension of Indictment: No guilty verdict was issued; generally does not count as a "conviction."
* Stay of Sentencing: Must be disclosed if the form explicitly asks for it.
* Juvenile Records: Protective dispositions are not criminal records. However, if tried as an adult and given a suspended sentence, it must be disclosed.

βœ… Action Checklist
* Read the exact wording on the visa form.
* Disclose honestlyβ€”never omit.
* Prepare conviction documents as supporting evidence.
* Contact the Korean embassy or Korea Immigration Service (☎ 1345) for specific clarifications.




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Hello, I'm attorney Jiwon Lee.  βš–οΈ "You're just gaining experience." "Trainees aren't employees."Sound familiar? If you ...
30/07/2026

Hello, I'm attorney Jiwon Lee.
βš–οΈ

"You're just gaining experience." "Trainees aren't employees."

Sound familiar? If you worked an unpaid internship but did the exact same tasks as regular staff, you might be entitled to back pay! Here is a quick legal guide to your rights under Korean Labor Law. πŸ§‘β€βš–οΈ

πŸ”‘ The Golden Rule: Reality > Labels Your job title doesn't matter. Even if your contract says "intern," "trainee," or "apprentice," if you worked under the company's direction to benefit their business, you are legally considered an employee.

πŸ›οΈ Are You Legally an Employee? You likely are if:
βœ”οΈ The company strictly set your work hours and location.
βœ”οΈ You received direct supervision and tasks via KakaoTalk, email, etc.
βœ”οΈ You did the same work as regular staff.
βœ”οΈ Your work product was used in the company’s actual operations.

🚫 "But I voluntarily signed an unpaid agreement?" It doesn't matter! The Labor Standards Act and Minimum Wage Act override private contracts. Any agreement to work for free is legally void. Your motivation (wanting experience) doesn't waive your right to get paid.

πŸ’° What You Can Claim:
1️⃣ Unpaid Wages: You deserve at least the minimum wage (β‚©10,030/hr for 2025) for every hour worked. (Statute of limitations: 3 years)
2️⃣ Weekly Holiday Allowance (μ£Όνœ΄μˆ˜λ‹Ή): If you worked 15+ hours per week.
3️⃣ Severance & Annual Leave: If you worked continuously for 1+ years.

πŸ†˜ Take Action! Don't let your hard work go uncompensated.
1. Gather evidence: Transit card logs, KakaoTalk instructions, emails with timestamps, and work files.
2. File a free complaint with the Ministry of Employment and Labor (moel.go.kr).
3. Need help? Call the Korea Legal Aid Corporation (☎ 132) for free legal consultation.

Know your rights and get what you earned! πŸ’ͺ



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Hello! I'm Attorney Jiwon Lee. βš–οΈ Wondering if a β‚©5 million criminal settlement is too much or too little? The truth is,...
29/07/2026

Hello! I'm Attorney Jiwon Lee. βš–οΈ

Wondering if a β‚©5 million criminal settlement is too much or too little? The truth is, there is no fixed legal limit for settlement amounts! It entirely depends on the crime, the severity of harm, and legal precedents.

Whether you are navigating a minor dispute or a major case, here is everything you need to know about criminal settlements. πŸ‘‡

πŸ›οΈ What Does a Settlement Actually Do?
The power of a settlement depends entirely on the type of crime committed:
πŸ”Ή Victim-Dismissible Offenses (e.g., Simple Assault, Defamation, Insult) Settlement is POWERFUL here. If the victim submits a non-prosecution statement, the case is completely closed. No trial, and most importantlyβ€”no criminal record! πŸš«πŸ“œ Paying to avoid a record is often highly worth it.
πŸ”Ή Victim-Complaint Offenses (e.g., Copyright, some Sexual Crimes) Prosecution requires the victim's complaint. Withdrawing it before the first verdict stops the case permanently. πŸ›‘
πŸ”Ή Non-Dismissible Offenses (e.g., Fraud, Robbery, Bodily Injury) Settlement doesn't stop the prosecution, BUT it is a critical mitigating factor for sentencing. It can literally mean the difference between actual prison time and a suspended sentence! πŸ“‰βš–οΈ

πŸ’‘ What If You Don't Settle? & The "Deposit" Alternative
Refusing to settle severely limits your chances for leniency. But what if the victim is demanding an unreasonable amount or refuses to talk?
Enter the Criminal Deposit (ν˜•μ‚¬κ³΅νƒ)! 🏦 You can deposit a reasonable amount of money with the court to prove your genuine effort to recover the victim's harm. Courts look favorably on this during sentencing, provided the amount matches the actual harm and includes a genuine apology.

πŸ“‹ MUST-HAVEs in a Settlement Agreement
Never just hand over cash! Ensure your agreement includes: βœ”οΈ The exact amount, payment method, and timeline πŸ—“οΈ βœ”οΈ The victim's explicit "non-prosecution statement" ✍️ βœ”οΈ A waiver of all future civil and criminal claims (vital to prevent future lawsuits!) πŸš«βš–οΈ βœ”οΈ A clause voiding the statement if payment isn't made.
🚨 PRO TIP: Always exchange the payment and the signed statement SIMULTANEOUSLY to avoid scams! πŸ€πŸ’Έ

πŸ›‘οΈ When Settlement Demands Become a Crime
Is the other party threatening you? Statements like "Pay up or I'll tell your boss/post on social media" can be considered Criminal Intimidation (κ³΅κ°ˆμ£„), punishable by up to 10 years in prison or a massive fine! Always save screenshots and recordings of threatening messages. πŸ“±πŸ“Έ

❓ Quick FAQs

πŸ’¬ Can I negotiate the amount? Yes! Settlement is purely negotiation. Presenting a counter-argument (ideally through a lawyer) is always an option.
πŸ’¬ Will I avoid a record? Yes for victim-dismissible crimes, no for non-dismissible crimes (though it heavily reduces the sentence).
πŸ’¬ What if they take the money and run? This is why simultaneous exchange is vital! If it happens, consider a criminal deposit to show the court your remorse independently.

Protect your rights and negotiate smartly! πŸ’Όβœ¨



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πŸ‡°πŸ‡· Korean Investment Visa: Will Withdrawing Funds Cancel Your F-5? πŸ‡°πŸ‡·Hello! I'm Attorney Jiwon Lee. You've navigated Kor...
28/07/2026

πŸ‡°πŸ‡· Korean Investment Visa: Will Withdrawing Funds Cancel Your F-5? πŸ‡°πŸ‡·

Hello! I'm Attorney Jiwon Lee.

You've navigated Korea's investment immigration program, maintained your F-2 status for five years, and finally secured F-5 permanent residency. Congratulations! But now you want to withdraw your investment. Does pulling the money out mean losing your visa?

The short answer? It is not a one-size-fits-all situation. It depends entirely on your current stage and your specific F-5 visa type. Let us break it down so your residency remains safe! πŸ‘‡

🚫 The F-2 Stage: Do Not Withdraw Yet!
Within the 5-Year Period: Withdrawing your funds breaks the maintenance condition. Your F-2 visa will be cancelled immediately.
5 Years Done, but F-5 Not Applied For: If you withdraw before officially receiving your F-5 approval, you lose the right to apply for permanent residency.
Pro Tip: Fund performance losses are not considered a "withdrawal." As long as you don't redeem the principal, your status is perfectly safe.

βœ… The F-5 Stage: It Depends on Your Visa Type
General Investment (F-5-21, F-5-23, F-5-5): Good news! Once your F-5 is formally obtained, withdrawing the investment does not affect your permanent residency. The F-5 is an independent status.
β‚©3 Billion Pledge-Type (F-5-25): Warning! This visa has strict rules. Partial or full withdrawal of your deposited amount during the 5-year pledge period will trigger cancellation.

⚠️ How You Can Still Lose F-5 Status
F-5 status can still be lost for non-investment reasons:
The 2-Year Rule: Remaining outside of Korea continuously for 2 years or more causes automatic lapse. Enter Korea at least once every two years!
10-Year Renewal: You must renew your Permanent Resident Card every 10 years to avoid heavy fines and potential visa cancellation.
Legal Compliance: Criminal records or immigration violations can lead to status cancellation at the minister's discretion.

πŸ“ Your Action Checklist Before Withdrawing
Verify Status: Check your exact visa subtype on your Alien Registration Card.
Hold Tight: Never withdraw while on F-2 or before your F-5 is fully approved.
Pledge Check: If you hold F-5-25, ensure the 5-year pledge period has fully ended.
Call First: Always consult with the Korea Immigration Service (☎️ 1345) or your local office before making financial moves.

Protect your residency status by making informed decisions!



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Have a Past Illegal Stay Record in Korea? πŸ‡°πŸ‡· Can You Apply for a New Visa?Hello, I'm attorney Jiwon Lee.  If you’ve over...
27/07/2026

Have a Past Illegal Stay Record in Korea? πŸ‡°πŸ‡· Can You Apply for a New Visa?

Hello, I'm attorney Jiwon Lee.

If you’ve overstayed a Korean visa or been deported, it doesn't automatically mean a permanent ban! Your chances of returning depend heavily on how long you overstayed, and most importantlyβ€”how you departed. πŸ‘‡

πŸ”‘ THE MOST IMPORTANT FACTOR: HOW YOU LEFT
βœ… Voluntary Departure (penalty paid): Shorter or suspended entry restriction.
βœ… Special Voluntary Departure Program: Penalty waived + restriction suspended (only when the program is active).
⚠️ Departure Order: Shorter restriction than forced deportation.
❌ Forced Deportation: Minimum 5-year entry ban.
❌ Departure without paying fees: Reapplication is very difficult.

⚠️ ENTRY BAN vs. ENTRY RESTRICTION By law, forced deportation triggers a minimum 5-year ban. Depending on your specific case (e.g., illegal employment, forged docs, unpaid fees), the actual restriction can range from 1 year to a permanent ban.

πŸ“‹ REAPPLICATION PROSPECTS

πŸ”Ή Simple Overstay: If you paid the fee and left voluntarily, the restriction might be brief or suspended.
πŸ”Ή Long-Term Overstay: The longer you stay, the harder it is to return.
πŸ”Ή Illegal Entry/Forged Docs: Strictly excluded from amnesty programs. Often results in a permanent ban.

πŸ’‘ CRITICAL REMINDER: Suspended Restriction β‰  Visa Approval! A suspension just means no immediate ban was placedβ€”it does NOT erase your record. Your overstay history stays in the embassy's system, and consular officers can still deny your visa, especially for long-term or residency visas (D, E, F categories).

πŸ›‚ ACTION CHECKLIST BEFORE YOU APPLY

1️⃣ Check your status FIRST! Call the Immigration hotline at ☎️ 1345 (multilingual) or visit Hi-Korea (www.hikorea.go.kr).
2️⃣ Don't assume your ban is over. Even if 5 years have passed, confirm your exact restriction period.
3️⃣ Pay unpaid fees. If you owe penalty fees, pay them before attempting to reapply.
4️⃣ Prepare solid documentation. You will need documents explaining your past overstay and proving your current legitimate ties to Korea.

An illegal stay record doesn't close the door forever, but preparation is key. Always check official channels before making plans! ✈️



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18th Floor, Ellen Tower, Seochojungang-ro 123, Seocho-gu, Seoul (Exit 8, Seoul National University Of Education Station, Line No. 2 & No. 3)
Seoul

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