Jin & Kim, PLC | Legal Blog

Short AnswerYes. Foreigners can be arrested in Korea if there are reasonable grounds to suspect a crime and the legal requirements for arrest are met.Korea’s arrest and detention procedures apply to suspects regardless of nationality.How Arrest Works Under Korean LawArrest in Korea is strictly regulated and cannot be carried out arbitrarily.There are generally three types of arrest:Arrest with a..

Short AnswerPossibly. Under Korean law, some foreign nationals may change their visa status while remaining in Korea. However, approval is not automatic, and eligibility depends on the applicant's current immigration status, the visa category sought, the purpose of stay, and the applicable legal requirements.In addition, a change of status is a discretionary immigration decision. Even if the bas..

Short AnswerPossibly. Divorce from a Korean spouse does not automatically end F-6 eligibility.After divorce, continued stay may still be possible where:The foreign spouse is raising or supporting a child from the marriage.The primary responsibility for the marital breakdown was on the Korean spouse.Domestic violence, abandonment, or similar circumstances made continuation of the marriage impossi..

Short AnswerYes, depending on the investment structure. A foreign investor may qualify for a D-8 Corporate Investment Visa where the investment satisfies the applicable requirements under Korean immigration law and the Foreign Investment Promotion Act.However, establishing a Korean company and transferring capital do not automatically guarantee D-8 status. Immigration authorities may examine whe..

Short AnswerAct promptly. If Korean immigration authorities cancel your visa or stay status, the first questions are:What exactly was cancelled?Was a Departure Order issued at the same time?What deadline or departure date applies?Under Article 89 of the Korean Immigration Act, immigration authorities may cancel or modify various permissions, including visa issuance, a Certificate of Visa Issuanc..

Short AnswerA refugee denial in Korea does not necessarily require immediate departure or removal. Depending on the procedural stage, an applicant may file a statutory objection, pursue administrative litigation, maintain lawful stay where permitted, seek an extension of G-1 status, or apply for another immigration status for which the applicant independently qualifies.However, the next steps ar..

Short AnswerYes. Depending on the facts, false or misleading statements may support a civil claim in Korea.A party may seek cancellation of a contract for fraudulent inducement, damages under tort law, or damages for breach of contract, depending on how the misrepresentation affected the transaction.However, not every incorrect statement is legally actionable. The key issues are usually what was..

Short AnswerA settlement agreement is generally enforceable under Korean law. If one party fails to perform, the other party may seek performance, damages, or, in some cases, proceed directly with compulsory enforcement.The available remedy depends largely on how the settlement was documented.Is a Settlement Agreement Legally Binding?Yes. A settlement is generally treated as a binding contract u..

Short AnswerYes. In Korean civil litigation, parties may generally submit additional evidence after filing a lawsuit.However, evidence should be submitted in a timely manner. Korean courts may set deadlines for submissions, and late evidence or late arguments may be rejected if they are submitted too late without justification and delay the proceedings.Can Evidence Be Submitted Throughout the La..

Short AnswerYes. A written contract is not always required to bring a contractual claim against a Korean company. Under Korean law, a contract may be formed through a meeting of offer and acceptance, including through emails, purchase orders (POs), invoices, messages, or actual performance.In practice, the key issue is usually not whether a signed contract exists, but whether the existence and s..