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Category: Blog

criminal not punished korea
Blog, Criminal

What if the victim doesn’t want the criminal to be punished?

June 29, 2021September 22, 2021Seoul Law GroupLeave a comment

There are a few crimes in Korea called “chingojoe (친고죄),” which can be literally translated as “crime subject to victim’s complaint.” These chingojoe are the kind of crimes cannot be prosecuted without a complaint by the victim. In the old days, sexual
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drugs in korea
Blog, Criminal

Drugs in Korea: A Guide to the Law, Sentence, Defense Lawyer and more

June 26, 2021November 1, 2022Seoul Law Group10 Comments

South Korea is a “drug-free” country with high sentences for any kind of drug abuse. Under the South Korean law, Koreans and foreigners are prohibited from using any kind of drugs in the country, and Koreans are even prohibited from using drugs
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other causes for divorce in korea
Blog, Divorce

Ground for divorce in Korea: (5) Any other serious cause to continue the marriage

June 22, 2021September 22, 2021Seoul Law Group4 Comments

Civil Law, Article 840 (Causes for Judicial Divorce)   Either husband or wife may apply to the Family Court for a divorce in Korea in each case of the following subparagraphs: If the other spouse has committed an act of unchastity If
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korean inheritance law
Blog, Inheritance

Korean Inheritance Law: Inheritance Priority & Right, Taxes and Lawyers

June 1, 2021April 19, 2024Seoul Law Group11 Comments

For most foreigners, the Korean inheritance law will not apply, but there are a few instances where it will. This article is here to give you a brief overview of what the Korean inheritance law covers and will help you navigate the
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victim in korea
Blog, Criminal

Domestic Crimes in Korea: How to get help when you are a victim

May 12, 2021September 22, 2021Seoul Law Group1 Comment

Most of crimes included in “domestic violence” in Korea are covered and punished by ordinary Criminal Act of Korea: such as assault, inflicting bodily injury, abandonment, intimidation, rape, or coercion. Domestic Violence in Korea: How to Get help? But still, such crimes
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Juvenile Crime in Korea
Blog, Criminal

Juveniles and Children Get “Protective Detention” Instead of Punishment

April 30, 2021June 30, 2022Seoul Law GroupLeave a comment

In previous article, we established that children under nineteen years old (international age) can be sent to the Juvenile Department instead of the criminal court, and they get “protective detention” instead of “punishment.” Now let’s look over what is “protective detention” is.
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special treatment juvenile crime korea
Blog, Criminal

Criminal Minors: Special Treatment for Children Who Committed Crime in Korea

April 28, 2021June 30, 2022Seoul Law GroupLeave a comment

When the child is under fourteen years old, they cannot be punished at all, whatever crime they committed. This is why the children under fourteen years (international age) old are called “criminal minors.” Criminal Minors in Korea Criminal Act, Article 9 (Criminal
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disappearance divorce korea
Blog, Divorce

Ground for divorce in Korea: (4) Disappearance

April 26, 2021September 22, 2021Seoul Law Group10 Comments

Civil Law, Article 840 (Causes for Judicial Divorce) Either husband or wife may apply to the Family Court for a divorce in each case of the following subparagraphs: If the other spouse has committed an act of unchastity If one spouse has
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sexual harassment workplace korea
Blog, Labor

Sexual Harassment in the Workplace in Korea: the definition and examples

April 23, 2021September 22, 2021Seoul Law GroupLeave a comment

We already looked over the definition of “workplace harassment” in a previous article posted on April 5, 2021. Now let’s look over the definition of “sexual harassment in the workplace.” Even though they look like essentially the same thing, “workplace harassment” and
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divorce in korea
Blog, Divorce

Divorce in Korea: A Full Guide to Types of Divorce, F6 Visa, Child Support and more

April 21, 2021April 19, 2024Seoul Law Group22 Comments

As a foreigner in Korea, getting a divorce can be a challenging or overwhelming experience, especially when kids are involved or if you are looking to keep your F6 visa. This article aims to help you find all the information you need
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Suspension of Imposition of Sentence
Blog, Criminal

Suspension of Imposition of Sentence: the defendant is not innocent, but let’s let them go for now!

April 21, 2021September 22, 2021Seoul Law GroupLeave a comment

Let’s say that you are a defendant of a criminal trial. The best thing that can happen for you is, of course, getting a “not guilty” verdict. But what if you have actually committed the crime? What would be the best thing
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forgiveness cheating korea
Blog, Divorce

Consent or Tolerance on Unchastity: Do I have my wife’s forgiveness for cheating on her?

April 19, 2021September 22, 2021Seoul Law GroupLeave a comment

We already wrote about how adultery works in Korea in the previous article about grounds for divorce. To summarize it, “adultery” means a married person having sexual intercourse with another person than their spouses, while “act of unchastity” means any act violating
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Changes in Indictment korea
Blog, Criminal

Changes in Indictment: When the defendant was charged with different crime than they had done

April 16, 2021September 22, 2021Seoul Law Group4 Comments

When a person gets arrested, police officers and prosecutors investigate whether they had actually committed a crime. When the prosecutor is quite convinced that the person is guilty, they “indict” the person. “Indictment” is an official accusation that the person has committed
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extreme maltreatment korea
Blog, Divorce

Ground for divorce in Korea: (3) Extreme Maltreatment

April 14, 2021September 22, 2021Seoul Law Group6 Comments

Civil Law, Article 840 (Causes for Judicial Divorce) Either husband or wife may apply to the Family Court for a divorce in each case of the following subparagraphs: If the other spouse has committed an act of unchastity If one spouse has
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Justified self-defense in Korea
Blog, Criminal

Justified self-defense in Korea: But he hit me first! Why can’t I hit him too?

April 12, 2021February 22, 2023Seoul Law Group6 Comments

It’s generally recognized around the world that everyone has a right of self-defense, which means that they can use reasonable force to defend themselves or others, without being charged. In Korea, it is stipulated in Criminal Act, Article 21(1). Article 21 (Self-defense)
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Child Support in Korea
Blog, Divorce

Child Support in Korea: How much money I can get for my child?

April 9, 2021June 26, 2024Seoul Law Group10 Comments

Usually, a child has two parents. When one parent has custody of the child while the other does not, the non-custodial parent should pay a certain amount of money to the custodial parent for the support of the child, since both parents
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assault korea
Blog, Criminal

Assault and battery in Korea: What is a crime of violence and what is not?

April 7, 2021September 22, 2021Seoul Law Group3 Comments

According to the Criminal Act, Article 260(1), “crime of violence” refers to an act of using violence against another person. Article 260 (Crime of Violence) (1) A person who uses violence against another shall be punished by imprisonment for not more than
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Workplace Harassment in Korea
Blog, Labor

Workplace Harassment in Korea: What is workplace harassment?

April 5, 2021September 22, 2021Seoul Law Group9 Comments

Labor Standard Act, Article 76-2, prohibits “workplace harassment” and also sets its definition. Article 76-2 (Prohibition against Workplace Harassment) No employer or employee shall cause physical or mental suffering to other employees or deteriorate the work environment beyond the appropriate scope of
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Ground for divorce in Korea: (2) Malicious Desertion
Blog, Divorce

Ground for divorce in Korea: (2) Malicious Desertion

February 19, 2021September 22, 2021Seoul Law Group8 Comments

Civil Law, Article 840 (Causes for Judicial Divorce) Either husband or wife may apply to the Korean Family Court for a divorce in each case of the following subparagraphs: 1. If the other spouse has committed an act of unchastity2. If one
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Adultery korea
Blog, Divorce

Ground for divorce in Korea: (1) Adultery

February 19, 2021January 11, 2024Seoul Law Group8 Comments

Civil Law, Article 840 (Causes for Judicial Divorce) Either husband or wife may apply to the Family Court for a divorce in each case of the following subparagraphs: If the other spouse has committed an act of unchastity If one spouse has
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Detention Period in Korea
Blog, Criminal

Detention Period in Korea: How long I should be held in detention center?

February 19, 2021January 24, 2024Seoul Law Group4 Comments

Once you got arrested, the prosecutor or police can hold you in custody for up to 48 hours to interrogate you (Criminal Procedure Act, Article 200-2(5)). Of course, not every prosecutor or police would hold you for full 48 hours, especially when
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Miranda warning korea
Blog, Criminal

Procedure of Arrest in Korea: Do I get to hear Miranda warning?

February 19, 2021September 22, 2021Seoul Law GroupLeave a comment

If you are from American culture, or at least watched plenty of American movies and TV shows, you can easily imagine what happens when a police officer arrests a criminal. The police grab them and put handcuffs on their wrists, reciting a
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Defamation in Korea: is it still a crime if I told the truth?
Blog, Criminal

Defamation in Korea: is it still a crime if I told the truth?

February 19, 2021November 2, 2021Seoul Law GroupLeave a comment

What distinguishes the definition of “defamation” in Korea from other countries is whether it includes true statements or not. In most countries, defamation means “oral or written communication of a false statement about another person that unjustly harms their reputation” but not
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