Jin & Kim, PLC | Legal Blog

Short AnswerPotentially, yes.In Korea, cargo is sometimes released without presentation of the original bill of lading (B/L) in situations involving LOIs (Letters of Indemnity), delayed shipping documents, telex release procedures, or ongoing commercial relationships.However, where a negotiable or transferable bill of lading structure exists, releasing cargo without proper surrender of the origi..

Short AnswerChanging a representative director of a Korean company generally requires both internal corporate approvals and a corporate registration filing in Korea.In most cases, the key practical issues are not the appointment decision itself, but rather matters involving board and shareholder resolutions, resignation and acceptance documents, notarization and apostille procedures, Korean tran..

Short AnswerGenerally, yes.For a Korean corporation or Korean subsidiary, Korean law does not generally require a Korean citizen or Korean resident to serve as a director or representative director solely because the company operates in Korea.Accordingly, foreign-invested companies commonly appoint foreign nationals as directors or representative directors of Korean subsidiaries in Korea without..

Short AnswerGenerally, yes.In Korea, employers may generally conduct internal workplace investigations involving:employee misconductworkplace harassmentsexual harassment allegationscompliance violationstrade-secret issueswhistleblower complaintsfraud concernsHR-related disputesIn some situations, Korean law may effectively require employers to investigate certain workplace complaints, particular..

Short AnswerGenerally, yes — but Korean labor law significantly restricts employee termination compared to many other jurisdictions.Unlike “at-will employment” systems recognized in some countries, employers in Korea generally cannot freely dismiss employees without a legally justifiable reason.In practice, employers usually need:a justifiable reason for dismissal,proper termination procedures,s..

Short AnswerGenerally, yes.In Korea, an NDA (Non-Disclosure Agreement) or confidentiality agreement may generally be enforceable as a contractual confidentiality obligation.However, actual enforceability often depends on issues such as:Whether the information was actually treated as confidentialWhether the restrictions are reasonableWhether the clause is excessively broad or vagueWhether the inf..

Short AnswerOften, yes — if the employer pays 30 days’ ordinary wages in lieu of advance notice.Under Korean law, an employer generally must either:Provide at least 30 days’ prior notice before dismissal, orPay 30 days’ ordinary wages instead of noticeAccordingly, a dismissal without advance notice itself is not always illegal if proper payment is made.However, even where notice or payment is pr..

Short AnswerYes. Under Korean law, a foreign national may become subject to deportation, a departure order, or other immigration measures after certain criminal cases.However, deportation is not automatic merely because a foreigner is investigated, charged, or convicted of a crime. In practice, immigration-related decisions generally involve both:Statutory legal groundsDiscretionary immigration ..

Short AnswerYes. In Korea, a criminal record, certain criminal conduct, or immigration-related violations may affect a person’s visa status, visa extension, long-term stay eligibility, or possible removal from Korea.However, immigration consequences are not automatic merely because a foreign national is investigated or convicted. In practice, Korean immigration authorities generally consider fac..

Short AnswerYes. Foreign companies may generally pursue recovery of unpaid invoices and other monetary claims against Korean companies through Korean court procedures.In practice, recovery in Korea often involves three separate stages:Securing an enforceable title through procedures such as a payment order or civil lawsuitPreserving assets through provisional attachment (가압류)Enforcing against id..