Chapter 1. General Provisions Article 1 (Purpose) This regulation aims to protect the procedural rights of foreign national parties, witnesses, and others who cannot use the…
1. The Legal Obligation — Article 27 of the Immigration Act Article 27(1) of the Immigration Act provides as follows. “A foreigner staying in the Republic…
I. The Big Picture 1. Relevant Statutes and Conventions The basis for the duty to notify of consular notification rights when arresting or detaining a foreigner…
1. Constitutional Basis and Legal Character An unconvicted detainee’s right of access to counsel is a constitutional fundamental right derived directly from Article 12(4) of the…
1. Overview Seizure and search is a compulsory measure by which an investigative agency forcibly acquires an item of evidence or an object to be confiscated,…
Below, the procedure from the point a suspect is arrested to the point of receiving a conviction at a criminal trial is explained in chronological order.…
The Big Picture 1. The Basis and Principle of the Exclusionary Rule Article 308-2 of the Criminal Procedure Act expressly codifies the exclusionary rule for unlawfully…
The Big Picture 1. The Act on the Performance of Duties by Police Officers A. Purpose and basic principle The Act on the Performance of Duties…
The Big Picture 1. The Legal Premise The offense of obstruction of official duties provided in Article 136 of the Criminal Act is established only where…
The Big Picture 1. The Legal Basis of Self-Defense Article 21 of the Criminal Act provides for self-defense as follows. “An act performed to defend one’s…
The Big Picture 1. Overview and Legislative Purpose The offense of obstruction of business is an offense provided in Article 314 of the Criminal Act, punishing…
The Big Picture 1. Overview Article 307(1) of the Criminal Act provides that “a person who publicly states a fact and thereby defames another is punished…
1. Legal Basis and Basic Structure Article 311 of the Criminal Act provides that “a person who publicly insults another is punished by imprisonment with or…
1. The Difference in Protected Legal Interest and Basic Concept Assault (폭행) and bodily injury (상해) are both offenses that infringe a person’s body, and they…
1. Overview of PIPA and Its Scope of Application to Foreigners A. The purpose and basic structure of PIPA The purpose of the Personal Information Protection…
I. The Big Picture 1. Introduction — The Government’s Discretion over the Entry and Re-entry of Foreigners Immigration administration is a state administrative function that seeks…
I. The Big Picture 1. Basic Concepts A. What is an investigation data table? An investigation data table is a table on which an investigative agency,…
A Korean administrative court has recognized the death of a factory manager who collapsed after a heated workplace argument as an industrial accident — confirming that…
A Korean administrative court has ruled that a termination notice citing only “management reasons” — without any specific explanation — fails to satisfy the written notice…
A Korean court has sentenced a man to one year in prison for posting over 565 insulting messages about actress Kim Gyu-ri (formerly known as Kim…
Korea’s Constitutional Court has ruled that a pedestrian who was struck while slightly outside the painted lines of a (zebra) crosswalk is still entitled to the…
Korean actor Oh Yeong-su, internationally recognized for his role in Squid Game and the first Korean actor to win a Golden Globe, has had his sexual…
A Korean court has confirmed that a law firm must return nearly half of the fees it charged a client, after finding that three separately billed…
Two recent cases — actress Nana’s armed home intruder and a woman who punched a bathroom voyeur — have reignited debate about South Korea’s narrow self-defense…
Korea’s Constitutional Court has narrowly upheld the rule that law school graduates must pass the bar exam within five years and five attempts — with no…
Korea’s Supreme Court has ruled that bereaved families of victims of the May 18, 1980 Gwangju Democratization Movement can still pursue state compensation claims for emotional…
A Korean appellate court that rejected a welfare recipient’s request for a court-appointed lawyer and then proceeded to try and convict him without one has had…
A police officer posing as a customer to verify whether a massage parlor was offering sexual services did not conduct an unlawful sting operation — and…
A Korean court has ruled that a client’s KakaoTalk message committing to pay a specific sum by a specific date constitutes a legally binding modification of…
The Big Picture 1. Overview of the H-2 Visa The H-2 (working visit) visa is a long-term residence status based on Article 10 of the Immigration…
The Big Picture 1. Overview of the H-1 Visa H-1 is the working holiday (負光就業) residence status. It is a status that allows a national of…
The Big Picture 1. Legal Basis and Basic Character of G-1 Status A. Legal basis G-1 residence status is grounded in Article 10 of the Immigration…
1. Overview To lawfully use the title “attorney” in Korea, one must in principle (1) acquire the qualification of an attorney under the Attorney-at-Law Act and…
The Big Picture 1. Meaning and Characteristics of F-5 Permanent Residence Status Permanent residence (F-5) status allows a foreigner to reside continuously in the Republic of…
The Big Picture 1. Overview of F-6 Status Marriage migrant (F-6) status is a long-term residence status granted to a foreigner who has married a Korean…
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