Foreign companies and individual investors entering the Korean market sometimes assume that a Memorandum of Understanding (MOU) is merely a non-binding document used to outline preliminary discussions and thus not enforceable under Korean Law. Under Korean law, that assumption is
The Korean Law Blog
The Korean Law Blog, published by IPG Legal, focuses on the application and interpretation of Korean law in cross-border litigation, arbitration, and international transactions. It covers expert opinions on Korean corporate, commercial, contract, employment, labor, criminal, family, inheritance, real estate, trust, intellectual property, and technology transfer laws. The blog also addresses procedural and substantive issues in Korean criminal defense, labor standards, and employment discipline. Comparative legal analyses, such as differences between Korean and U.S. free speech protections, are featured. Practical guidance on hiring independent contractors and structuring distribution or agency agreements in Korea is also provided, targeting foreign counsel, businesses, and courts dealing with Korean legal matters.
Latest from The Korean Law Blog - Page 2
Korean Immigration and the Administrative Court on Granting a Visa for Mongolian Student to Complete Masters Degree at a Korean University
By Sean Hayes
An administrative court in Korea has ruled that it was valid to deny a foreign student’s request to extend their stay to meet the requirements for graduation from graduate school. On February 12, 2026 , the Jeonju District Court Administrative…
Shall Korean Bonuses be Utilized for Calculating of Average Wages for Severance Payment Calculation Purposes?
By Sean Hayes
The Supreme Court of Korea ruled that Hanwha Ocean (formerly Daewoo Shipbuilding & Marine Engineering)’s performance-based bonuses should not be considered wages for the calculation of severance payments under Korean Law. For additional articles on Korean Employment & Labor…
Korean Supreme Court Clarifies Statute of Limitations in Criminal Cases in Korea
By Sean Hayes
In a recent decision by the Korean Supreme Court, the Court clarified how a statute of limitations tolls in Korea in criminal cases. The Supreme Court of Korea held that when prosecutors amend an indictment to add related charges, the…
Drafting & Negotiating Korean Joint Venture/Shareholder Agreements in Korea: Why Language, Governance, and Arbitration Clauses Matter
By Sean Hayes
We have many clients who find it advisable to enter the Korean market through joint ventures with Korean partners. In many cases, this structure makes commercial sense: the Korean partner brings local market knowledge, relationships, regulatory familiarity, and operational experience,…
E-7 Visa Korea: A Guide for Foreign Professionals and Companies Intending to Sponsor Foreign Professionals to Work in Korea
By Sean Hayes
South Korea is an increasingly attractive destination for foreign professionals, multinational companies, and entrepreneurs wishing to work and do business in Korea. Working legally in Korea, for non-Koreans, requires obtaining the appropriate immigration status under Korea’s Immigration Control Act. The…
Attorney-Client Privilege in Korea Clarified and Strengthened by Korean Supreme Court Holding
By Sean Hayes
Cancellation of Seizure of Legal Opinion & Evidence in Korean Criminal Prosecution (2024Mo730)
On February 20, 2025, the First Division of the Supreme Court of Korea (Chief Justice Shin Sook-hee) issued a significant ruling in 2024Mo730, canceling the Korean prosecution’s…
Trade Secret Protection Act Crimes in Korea Clarified by Supreme Court of Korea
By Sean Hayes
In a ruling that is important for technology companies, multinational employers, and cross-border R&D stakeholders, the Supreme Court of Korea (Third Criminal Division, January 15, 2025, 2025Do13231) held that the crimes of acquiring, using, and disclosing trade secrets under the…
Procedural Legality and the Right to Counsel in Korean School Violence & Other School Committee Disciplinary Proceedings in Korea
By Sean Hayes
Recent reports concerning the restriction on Korean attorneys’ participation in School Violence Countermeasures Review Committee (SSCRB) proceedings raise issues in Korean administrative law and constitutional law: whether limiting an attorney’s presence and participation in quasi-adjudicative disciplinary proceedings violates the right…
Statutory Damages in Korea Under PIPA for Personal Information Data Breaches
By Sean Hayes
A recent Korean Supreme Court decision has fundamentally reshaped litigation risk analysis under the Personal Information Protection Act (PIPA), particularly regarding statutory damages under Article 39-2(1) of PIPA. The following post is essential reading for CISOs and those entrusted with…