What are the opening hours?

Monday 10:00 - 18:00 Tuesday 10:00 - 18:00 Wednesday 10:00 - 18:00 Thursday 10:00 - 18:00 Friday 10:00 - 17:00

http://www.joyelaws.com/, http://www.lawyerseoul.com/

법률사무소 조예, 서울 양천구 신월로 385, Seoul (2026)

03/10/2024

[Legal Tips from Korean Lawyers] Brief Summary of Korean Criminal Procedure

Are you about to face a police investigation or planning to file a criminal complaint or accusation as a victim of a crime? Here’s a brief explanation of the criminal procedure in South Korea, outlining the steps that occur when a crime is committed.

1. Investigation Stage (Police - Prosecution)

• Crime Detection: A crime is detected when the police or prosecution become aware of it through a report, complaint, accusation, or evidence of the crime. A complaint is filed by the victim, while an accusation is filed by a third party informing the police about the suspect’s crime.

• Commencement of Investigation: An investigation is initiated, involving questioning of the suspect and evidence collection. During this process, the suspect has the right to give a statement, and the authorities verify the criminal allegations based on the evidence. Various investigation steps, such as statements from the complainant, questioning of witnesses, and confrontational interrogations, may take place as needed. If you are called in for questioning, it is recommended to bring a personal stamp (seal) instead of using fingerprint ink, as the ink can be difficult to remove. Once the investigation begins, the accused becomes a ‘suspect‘.

• Decision on Detention: If the investigation requires the detention of the suspect, the authorities may request an arrest warrant from the court. If the warrant is issued, the suspect is detained for further investigation.

• Objection to Investigation Suspension (수사중지) or to a decision of non-indictment (불송치결정): If an investigation is suspended or is not indicted of the case you have complained, you can file an objection.

2. Prosecution Stage (Prosecution)

• Decision to Prosecute: Based on the investigation’s results, the prosecutor decides whether to prosecute. Prosecution means formally filing a lawsuit, initiating a criminal trial where the suspect will face a judge’s decision.

• Prosecution(기소): If the prosecutor believes there is sufficient evidence, the prosecutor submits an indictment to the court to begin the trial.

• Non-Prosecution(불기소): If there is insufficient evidence or the allegations are unfounded, the prosecutor will dismiss the case with a decision of “no charges” or a “suspension of prosecution.”

• Summary Order(약식명령): In less severe cases, the prosecutor may request a summary order that imposes a fine instead of a full trial. While the suspect can accept the fine, they also have the right to object to the summary order and request a formal trial.

• Appealing Non-Prosecution: If you disagree with a non-prosecution decision, you may appeal within 30 days of receiving the notification.

3. Trial Stage (Criminal Trial)

• Preparation for Trial: The prosecutor and defense prepare the necessary evidence and materials for trial. At this stage, the suspect becomes the defendant. The prosecutor (plaintiff) presents the case, while the defendant and their attorney (defense) work to counter the charges, with the judge hearing both sides. The victim’s attorney can also participate in the trial.

• Trial: In court, the arguments of both the prosecutor and the defense are heard, and witness examinations and evidence investigations are conducted.

• Final Argument: After the trial, the prosecutor and defense present their closing arguments.

4. Sentencing

• The court reviews all the evidence and testimonies and delivers a verdict, determining the defendant’s guilt and imposing a sentence if found guilty. If the defendant is on bail or has not been detained, and receives a prison sentence, they may be taken into custody immediately after sentencing (법정구속).

5. Appeal Stage

• Appeal/Final Appeal: If the defendant disagrees with the verdict, they may appeal to a higher court. If they are dissatisfied with the second court’s decision, they can file a final appeal to the Supreme Court. Each level of the court reviews the case: the first and second instances are based on facts, while the third instance is based on legal issues.

• Finalization of the Sentence: If no appeal is made or the Supreme Court affirms the judgment, the criminal case is concluded. Defendants who are in custody during trial or sentenced to imprisonment will be transferred from detention centers to prisons when the case is concluded.

6. Ex*****on of Sentence

• The sentence is executed according to the final judgment. This may involve probation, payment of fines, or imprisonment.

================

During the criminal process, suspects and defendants have the right to legal representation and the right to remain silent. Any statements or evidence collected during the investigation and trial must be accurate, and all testimonies must be voluntary, not coerced.

In criminal procedures, evidence must have the probative power to establish the truth of the charges “beyond a reasonable doubt.”

There is also a legal principle known as “in dubio pro reo,” which means that if there is doubt about the defendant’s guilt, the judgment should be made in favor of the defendant, resulting in an acquittal.

Furthermore, according to the “presumption of innocence” principle, the defendant is presumed innocent until proven guilty by a final court ruling.

Criminal procedures are not only complex and challenging but also must be strictly followed according to legal principles. Therefore, it is highly recommended that you seek the assistance of a defense attorney when going through the criminal process.

In addition to criminal procedures, alternative dispute resolution methods such as mediation and arbitration can be used in intellectual property disputes.

29/09/2024

[Legal Tips from Korean Lawyers] If an heir is unreachable, how is the inheritance property handled?

Are some of your siblings difficult to reach because they immigrated abroad a long time ago, or are they in Korea but currently unreachable? In such cases, when your parents pass away, it can be challenging to handle the inheritance when some heirs cannot be contacted. Today, we are going to find out how to manage the inheritance if some heirs are unreachable.
If Contact is Possible but Meeting for Discussion is Difficult

Inheritance division by agreement is the method where heirs agree to divide the inheritance. If the heirs can reach an agreement, this is the best way. However, if some heirs are unreachable or living abroad, it may be difficult to proceed with the agreement. Here are a few methods you can use in such situations:

1. Appointing a Representative
Heirs living abroad can appoint a representative in Korea to participate in the discussions. This allows for meaningful negotiations while protecting the rights of the heirs who are overseas.

2. Using Video Conferencing
If meeting in person is difficult, you can conduct discussions through video conferencing or similar means. This enables smooth communication among the heirs, regardless of time and location.

When conducting an inheritance division by agreement, it is crucial to thoroughly confirm the opinions of all heirs and accurately document them in the agreement. If the agreement is drawn up without properly verifying the intentions of some heirs, or if the inheritance division agreement is arbitrarily made regarding the share of an unreachable heir, the agreement will not be recognized, and additional legal issues such as forgery of private documents may arise. Therefore, it is essential to obtain the consent of all heirs and draft the agreement accordingly. If some heirs cannot be contacted, the agreement is not feasible, and the inheritance must be resolved through an inheritance division judgment request as described below.

When Agreement is Difficult: Requesting an Inheritance Division Judgment

If inheritance division by agreement is difficult or impossible, you can request an inheritance division judgment from the Family Court under Article 1013 of the Civil Code. In such cases, the court will consider the interests of all heirs and make a fair division. A court judgment is an important method for appropriately distributing the inheritance when an agreement cannot be reached. However, in the court's inheritance division judgment process, a fair division must also be decided for all heirs, including those who cannot be contacted. The following steps can be taken for the unreachable heirs before continuing with the judgment:

1. Appointment of an Inheritance Property Administrator
Under Article 1053 of the Civil Code, you can request the court to appoint an inheritance property administrator. This is an important procedure to protect the property of the heirs and to proceed with the inheritance process.

2. Declaration of Presumed Death
If an heir has been unreachable for an extended period, which is 5 years, you can request a declaration of presumed death under Article 27 of the Civil Code. Once this declaration is made, the heir is legally considered deceased, allowing the inheritance process to proceed.

3. Public Notice Service
Under Article 194 of the Civil Procedure Act, you can proceed with the legal process after notifying the unreachable heir through public notice service.

Even when some heirs are unreachable or living abroad, the inheritance can be managed through legal procedures. However, to protect the rights of all heirs and prevent future disputes, it is important to exhaust all possible means to contact and encourage them to participate in the agreement. Since inheritance issues involve complex legal procedures, it is advisable to seek expert advice and ensure that the process is conducted correctly.

Yewon Law offers legal consultation and advice in English for these complex inheritance issues. Consultations can be conducted via Zoom, WhatsApp, Naver TalkTalk, and other platforms. Please visit our website for more information.

28/09/2024

[Legal Tips from Korean Lawyers] I Want a Divorce. Under What Circumstances Can I Get One?

Have you reached a point where you feel that divorce is the only option? First, I want to offer my condolences for the difficult situation you are going through. There must be a reason you’ve decided to consider divorce. Sometimes, both spouses agree to the divorce, but there are cases where one spouse does not.

Since not all cases qualify for divorce, let's explore the circumstances under which divorce is possible, according to law and legal precedents.
Divorce must follow specific legal procedures and criteria outlined in the Civil Code.

Types of Divorce

Divorce can be broadly categorized into two types: consensual divorce and judicial divorce.

Consensual Divorce
A consensual divorce occurs when both spouses mutually agree to end their marriage. If both parties agree to divorce, the process must be confirmed by the Family Court as stipulated in Article 836 of the Civil Code. This process is relatively simple and can be quickly resolved if the couple agrees on the details of the divorce.
Judicial Divorce
However, if one spouse does not want a divorce or if they agree to the divorce but cannot reach an agreement on specific terms, consensual divorce is not possible, and a judicial divorce must be sought.

A judicial divorce is pursued when mutual agreement between the spouses is difficult to achieve, and the court must make the decision. Article 840 of the Civil Code outlines the grounds on which a judicial divorce can be requested.

1. Adultery by the Spouse
If a spouse has committed adultery, divorce can be requested. However, the spouse who committed adultery cannot file for divorce.

It is important to note that, according to legal precedents, "the spouse primarily responsible for the
breakdown of the marriage cannot request a divorce based on that breakdown. However, if the other party clearly has no intention of continuing the marriage and refuses divorce solely out of spite or a desire for revenge, an exception may be made to allow the at-fault spouse to request a divorce."

Additionally, if the wronged spouse consented to or forgave the adultery, or if six months have
passed since the discovery of the affair (or two years since the affair occurred), they cannot file for divorce on these grounds. This is a statute of limitations, and even if one of these conditions is met, the divorce cannot be pursued based on adultery.

2. Malicious Desertion
If a spouse leaves the home or fails to fulfill their duty to support the family without just cause, the other spouse can request a divorce.

Legal precedents define "malicious desertion" as when a spouse abandons their duties to live
together, support, and cooperate as a married couple without a legitimate reason. For instance, if one spouse lives with another person for an extended period, failing to fulfill their marital duties, this could be considered malicious desertion.

3. Severe Unfair Treatment
If a spouse or their direct relatives have subjected one to severe unfair treatment, divorce can be requested.

Legal precedents clarify that "the ground for divorce under Article 840, Paragraph 3 of the Civil
Code, 'severe unfair treatment by the spouse,' refers to cases where one spouse has been subjected to extreme violence, abuse, or serious insults that make it unbearable to continue the marriage." For example, if you suffer severe mistreatment from your spouse's parents during holidays, you may be qualified to ask for divorce under this ground.

4. Uncertainty of the Spouse’s Life or Death
If a spouse's whereabouts or whether they are alive has been unknown for more than three years, divorce can be requested.

5. Other Serious Reasons for Difficulty in Continuing the Marriage
If the marital relationship has irreparably broken down, making it impossible to continue, divorce can be recognized.

Legal precedents state, "the ground for divorce under Article 840, Paragraph 6 of the Civil Code,
'other serious reasons for difficulty in continuing the marriage,' refers to cases where the marital relationship has irreparably broken down to the point where continuing the marriage would cause intolerable suffering to one spouse." This shows a shift towards a fault-based and no-fault divorce approach, which will be further explained below.
Fault-Based vs. No-Fault Divorce
Traditionally, Korean divorce law has been based on the fault-based principle. This means that when a marriage breaks down, the spouse responsible for the breakdown cannot request a divorce. For instance, a spouse who committed adultery cannot file for divorce. However, in cases where the marriage has irreparably broken down, no-fault divorce may be allowed under certain circumstances.

The Supreme Court has generally taken a conservative stance on allowing the at-fault spouse to file for divorce. The Court argues that since the at-fault spouse can pursue consensual divorce with the agreement of the other party, there is no compelling reason to introduce no-fault divorce in judicial proceedings. Additionally, the Court points out that allowing no-fault divorce could result in the innocent spouse being unfairly sacrificed for the at-fault spouse's happiness.

However, the Court has recognized exceptions where divorce may be granted to the at-fault spouse, considering factors such as the degree of marital breakdown, duration of separation, presence of minor children, age and occupation of the parties, and their financial situation. This reflects a compromise between the fault-based and no-fault divorce principles, where the at-fault spouse is generally not allowed to file for divorce, but an exception is made if the marriage has irreparably broken down.
Special Provisions

In certain situations, divorce may be sought for reasons beyond the general grounds for divorce. For instance, North Korean defectors who cannot confirm whether their spouse in North Korea resides in South Korea may request a divorce under Article 19-2 of the North Korean Refugees Protection and Settlement Support Act.

Considerations Before Divorce

Before deciding on divorce, several important factors must be carefully considered.

In a consensual divorce, both spouses must agree not only on the decision to divorce but also on the division of property, custody (if there are children), visitation rights, and child support. Additionally, guidance from the Family Court is required, and if there are children (including unborn children), a three-month cooling-off period is necessary, or one month if there are no children. This period allows the couple to reconsider their decision. Given the significant impact of child custody issues after divorce, it is important to prepare thoroughly in advance.

It is also essential to note that decisions regarding custody, visitation, and child support are not absolute and can be changed later through legal proceedings.

Divorce is an important decision that affects both the individual and the family. Especially in Korea,
where divorce law involves a mix of fault-based and no-fault principles, it is not straightforward to
determine whether a divorce can or cannot be granted. It is crucial to organize the facts of the case, gather evidence to support the grounds for divorce, and review various legal precedents.

If you are considering divorce, it is essential to carefully consider your decision and seek legal counsel to navigate the process.

27/09/2024

[Legal Tips from Korean Lawyers] Inheritance Property Research Service for Gyopos

Are you living outside Korea and recently received the heartbreaking news that a loved one has passed away? Not sure what to do next?

If you are related by blood to the deceased, you need to consider the inheritance property—you might be an heir.

If you are one of the heirs, your next step is to identify what inheritance properties exist and their respective values.

You will then need to decide how to handle the inheritance. This could involve reaching an agreement with other heirs, or possibly going through an inheritance lawsuit—whether as a plaintiff or defendant.

Yewon Law offers inheritance research services specifically for Koreans living abroad. We also provide legal consulting on determining your legal share and guidance on what steps to take if other parties are involved. Additionally, we can represent you in a lawsuit or help negotiate an agreement.

Yewon offers all of these services in both Korean and English, and we can communicate through email, WhatsApp, FaceTime, or Zoom.

If you have any questions, please don’t hesitate to contact us.

Yewon is here to help you.

26/09/2024

[Legal Tips from Korean Lawyers] Can a Korean National hold dual citizenship?

A person born to Korean parents automatically acquires Korean nationality. Unlike countries like the United States, which follow the principle of jus soli (right of the soil), Korea follows the principle of jus sanguinis (right of blood), meaning that if at least one parent is a Korean citizen, their child acquires Korean nationality. Additionally, according to the Nationality Act, if a Korean citizen acquires foreign nationality, they automatically lose their Korean nationality.

So, is it possible for a Korean national to hold dual citizenship?

While the Nationality Act primarily adheres to the principle of single nationality, it does allow for dual citizenship in certain limited circumstances:

1. Acquisition of dual citizenship by birth:
If one parent is a Korean national and the other is a foreign national, the child can acquire both nationalities at birth.

2. Allowing dual citizenship through naturalization or restoration of nationality:
According to Article 10, Paragraph 2 of the Nationality Act, dual citizenship is permitted in the following cases:
- A person who has naturalized as a Korean citizen as a spouse of a Korean national
- A person with special contributions to Korea
- An exceptional foreign talent recognized as contributing to the national interest of Korea
- A person who, after residing abroad, enters Korea after the age of 65 with the intention to settle and is granted restoration of nationality
- A person who, despite their will, finds it difficult to renounce foreign nationality due to foreign laws and systems

3. Acquisition of dual citizenship through marriage:
If a foreigner who marries a Korean national acquires Korean nationality without renouncing their original nationality, they can hold dual citizenship.

Therefore, in these exceptional cases, it is possible to hold dual citizenship, including Korean nationality.

However, dual citizens must exercise only their Korean nationality within Korea. According to Article 11-2, Paragraph 1 of the Nationality Act, dual citizens are treated solely as Korean nationals under Korean law. Moreover, if a dual citizen wishes to engage in certain fields where holding foreign nationality is prohibited, they must renounce their foreign nationality. This policy seems to be driven by reasons such as national security and fulfilling military service obligations.

The Nationality Act is a crucial law that determines one's status as a Korean national. Since violations of the Nationality Act are serious matters, it is strongly recommended to consult with a lawyer and proceed carefully.

25/09/2024

[Legal info] Divorce by agreement vs. Divorce by trial, what's the differences?

Divorce by Agreement vs. Divorce by Trial.

- What's different between two?

(1) The Civil Act of the Republic of Korea classifies divorce into divorce by agmt and divorce by trial.

(2) Both party may want to dissolve their marriage by agmt if a mutual agreement is reached on divorce and custody of their minor children, if there is any.

(3) If they fail to reach a mutual agmt, they have to file a petition for divorce to court, or apply to court for mediation.

(4) So the main difference between two is whether spouses have a mutual agmt or not. Even If they have a mutual agreement, It is mandatory to have written agmt and to submit it to the court. It would be recommendable to take legal advice from lawyer.

24/09/2024

[Legal Tips from Korean Lawyers] My parent passed away. What do I have to do? (Inheritance)

When parents, siblings, or other family members pass away, inheritance occurs regarding the deceased family member's assets. The person who inherits the assets becomes an "heir" and inherits the assets of the deceased ("the decedent") as inheritance property.

Inheritance begins at the time of the decedent's death. Although inheritance technically occurs at the time of the parent's passing, you cannot yet dispose of the inherited property because the specific details of the inheritance have not been determined, and administrative procedures have not been completed. As explained below, you can only actually dispose of the inherited property once the details of the inheritance are finalized, the administrative process is completed, and the necessary documentation (e.g., registration of real estate) is processed. Below, I will briefly outline the overall process of inheritance.

First, you need to confirm who the heirs are. Heirs are determined by civil law, so you should check the scope and order of the heirs accordingly. If there is a will, you should also review its contents.
(If there is a will, you must additionally review the validity of the will, the addition of heirs according to the will, and the contents of the inheritance specified in the will.)

Next, you need to identify the inheritance property. You must investigate the type, quantity, and value of the inheritance property and create an inventory. By using the “Safe Inheritance One-Stop Service” website, you can check the inheritance property within six months from the date of the inheritance’s commencement.

However, if the debts within the inheritance property exceed the assets, steps must be taken to prevent the inheritance property from being inherited. The heir must choose either simple acceptance, limited acceptance, or renunciation of Inheritance within three months of becoming aware of the commencement of inheritance. According to Article 1019, Paragraph 1 of the Civil Code, you can apply to the court to extend the period for accepting or renouncing the inheritance.

During this process, if the decedent gave any property to certain heirs during their lifetime, you need to check whether this can be considered a "special benefit" to that heir.
(If there is a special benefit, the recognition of the special benefit and its content need to be reviewed as such can affect how the inheritance property is divided.)

Once the heirs are identified and the inheritance property is ascertained, the division of the inheritance property must be decided. The "special benefits" of each heir should also be considered. If there is no will and there are multiple heirs, the inheritance property can be divided through unanimous agreement among the co-heirs. However, if there is no agreement on the division of the inheritance property or some heirs cannot be contacted, you can request a division of the inheritance property through the Family Court. This is known as a "judgment on the division of inheritance property”.(“상속재산분할심판”)
(At this stage, it may be necessary to consider whether to proceed with litigation, such as a claim for judgment on the division of inheritance property or a lawsuit for the return of the legally reserved portion(the “유류분“)).

In addition, the inheritance tax must be reported and paid within six months from the date of the inheritance’s commencement, so if you must go through the procedure of requesting a judgment on the division of inheritance property, you should not forget to file and pay the inheritance tax within the deadline, even if the content of the inheritance property division is not yet determined by the judgment.

If the inheritance property is divided through inheritance agreement(unanimously among heirs) or through judgment on the division of inheritance property, you should distribute the assets accordingly, pay the acquisition tax and other taxes, and complete the inheritance registration of real estates. Once the inheritance registration is completed, the heir can dispose of the inherited property.

Inheritance can be quite daunting when it actually happens. Please remember that negotiating the division of property among heirs is often more challenging than expected. Most importantly, since each stage of the process involves legal decisions—such as determining the validity of the will, adding heirs according to the will, defining the scope and content of special benefits, and applying the legally reserved portion—and may require litigation, it is strongly recommended to consult with a lawyer.

*****on

23/09/2024

[Legal Tips from Korean Lawyers] Understanding the Scope and Order of Heirs under Korean Law

When a family member passes away, the issue of inheritance naturally arises. Of course, when inheritance occurs, it's important to first reach an agreement among the heirs. However, knowing whether you qualify as an heir and what rights you possess can be beneficial in the negotiation process.

Therefore, it is crucial to clearly understand who inherits the property and in what order.

Inheritance begins with the death of the decedent. Even if the specifics of the inheritance are determined later, the process itself is initiated upon the decedent's death. To determine the specifics of the inheritance, it is first necessary to identify the heirs and establish the order of succession.

Firstly, the primary heirs are the direct descendants of the decedent, including children and grandchildren, who are prioritized in inheritance. If there are no direct descendants, the secondary heirs, the direct ascendants such as parents and grandparents, inherit the property.

The spouse of the decedent becomes a co-heir with the direct descendants or direct ascendants. If there are no direct descendants or ascendants, the spouse becomes the sole heir.

If there is no spouse, direct descendants, or direct ascendants, the siblings of the decedent become the third-order heirs. If there are no siblings, the collateral relatives within the fourth degree of kinship become the final heirs.

Additional points to consider include the situation where there are multiple heirs of the same rank. In such cases, the closest relative has priority. For example, if both children and grandchildren are heirs, the children inherit first. If there are multiple heirs of the same degree, they inherit jointly. Moreover, according to Article 1000, paragraph 3, a fetus is considered to have already been born and thus has the right to inherit.

(The explanation above assumes that all heirs are alive. If an heir dies or is disqualified before the commencement of inheritance and has direct descendants, "substitutional inheritance" may occur, which is not covered in this explanation.)

Furthermore, heirs have the option to renounce inheritance or accept limited approval within three months of becoming aware of the commencement of inheritance. This is a legal measure designed to protect heirs from unfavorable inheritances, reducing the burden associated with inherited property.

The rules of succession are intended to distribute the decedent's property fairly and to assign inheritance rights according to the closeness of family relationships. The details of inheritance shares will be explained in a subsequent article.

In practice, inheritance issues can be highly complex, so it is advisable to seek legal advice from a lawyer.

법률사무소 조예

03/10/2024

29/09/2024

28/09/2024

27/09/2024

26/09/2024

25/09/2024

24/09/2024

23/09/2024

Address

Opening Hours

Website

Alerts

Shortcuts

Share

Category

Monday	10:00 - 18:00
Tuesday	10:00 - 18:00
Wednesday	10:00 - 18:00
Thursday	10:00 - 18:00
Friday	10:00 - 17:00