Jin & Kim, PLC | Legal Blog

Short AnswerPotentially, yes—but only in limited circumstances.Unlike some jurisdictions that recognize a broad sister ship arrest regime, Korea does not automatically permit the arrest of another vessel simply because it belongs to the same shipping group or appears to be commercially affiliated with the vessel involved in the dispute.In practice, Korean courts primarily examine whether the tar..

Short AnswerYes, in many cases. Certain Korean immigration decisions may be challenged through an administrative appeal, administrative litigation, or other procedures available under Korean law.Potentially reviewable decisions may include:Visa issuance refusalsRefusals to extend a period of stayRefusals to change status of stayCancellation of a visa or stay permissionDeparture OrdersDeportation..

Short AnswerPossibly. Whether a Korean divorce judgment can be recognized or enforced abroad is governed by the law of the country where you seek to use the judgment, not by Korean law alone.It is also important to distinguish between recognition of the divorce itself and enforcement of the obligations contained in the judgment. A foreign country may recognize that the parties are legally divorc..

Short AnswerYes, in many cases. However, the answer depends on which type of divorce you are pursuing.In Korea, the procedure differs significantly between:Mutual-consent divorce (협의이혼), andContested divorce through the Family Court (재판상 이혼).For many overseas clients, substantial parts of the process can be completed without traveling to Korea. However, a completely "no-travel" divorce cannot be..

Short AnswerHidden assets are not necessarily excluded from property division solely because they are located overseas or held under another person's name. The key questions are whether the asset is sufficiently connected to the marital estate, whether one spouse substantially controls or benefits from it, and whether its existence and value can be established through reliable evidence.In intern..

Short AnswerYes. Where a child has been wrongfully removed to or retained in Korea, the person whose custody rights were breached may file a return petition with the Seoul Family Court under the Hague Convention on the Civil Aspects of International Child Abduction and Korea’s implementing legislation.The Seoul Family Court has exclusive jurisdiction over Hague Convention child-return proceeding..

Short AnswerYes. A foreign national may obtain F-5 Permanent Residency in Korea if the applicant qualifies under a specific F-5 category and satisfies the applicable legal requirements.However, permanent residency is not granted automatically merely because a person has lived in Korea for a certain number of years.In general, immigration authorities examine whether the applicant:Falls within an ..

Short AnswerGenerally, yes. Overseas assets may be considered in a Korean divorce when determining property division. The fact that property is located outside Korea does not automatically exclude it from the marital estate.The key issues are whether the asset forms part of the parties’ substantive marital property, whether its existence and value can be proven, and whether any resulting order c..

Short AnswerYes. A foreign divorce judgment may be recognized in Korea if it satisfies the statutory requirements under Article 217 of the Korean Civil Procedure Act.Recognition is not granted merely because a foreign court issued a divorce decree. Instead, Korean authorities examine whether the statutory requirements for recognition have been satisfied before giving legal effect to the foreign ..

Short AnswerYes. Under Korean law, hidden or undisclosed assets may still be taken into account in property division (재산분할) if they are found to form part of the parties' marital property.Korean law does not adopt the broad U.S.-style discovery process. Instead, Korean courts rely on procedural mechanisms provided under the Korean Civil Act and the Family Litigation Act, including court-ordered ..