Jin & Kim, PLC | Legal Blog

Short AnswerYes.A criminal case in Korea does not automatically proceed to trial. Many cases are resolved during the investigation stage before indictment.Depending on the facts, evidence, and applicable law, a case may end through a non-forwarding decision (불송치 결정) by the police or a non-prosecution disposition (불기소 처분) by the prosecution.Does Every Criminal Investigation Lead to Trial?No.Being..

Short AnswerDo not ignore it.If someone files a criminal complaint against you in Korea, it does not automatically mean that you are guilty or that criminal charges will follow.However, the way you respond during the early stage of the investigation can significantly affect the outcome of the case. In many situations, early mistakes are difficult to correct later.In practice, it is generally adv..

Short AnswerA foreign tenant in Korea may need to move out before receiving the lease deposit, especially when the tenant is leaving Korea, changing jobs, changing visa status, or moving to another city.However, moving out before receiving the deposit can be risky. In some cases, giving up possession of the property too early may weaken the tenant’s legal protection or make deposit recovery more..

Short AnswerIf a property is sold during a lease in Korea, the lease does not automatically disappear.In many cases, if the tenant has legal protection against third parties, the new owner may succeed to the landlord’s position. This means the new owner may become responsible for the lease relationship, including the obligation to return the lease deposit at the end of the lease.However, the res..

Short AnswerPotentially, yes, but recovery is not automatic.In Korea, key money is not the same as a refundable lease deposit. A tenant usually recovers key money by introducing a new tenant who is willing to pay key money when taking over the commercial space.A landlord does not usually have a general duty to “return” key money. However, if the landlord unlawfully interferes with the tenant’s l..

Short AnswerIf a Korean landlord refuses to renew a commercial lease, the tenant should first check whether the tenant made a valid renewal request, whether the lease is still within the legally protected renewal period, and whether the landlord has a legally recognized reason to refuse renewal.In many commercial lease cases, a tenant may request renewal from 6 months to 1 month before the lease..

Short AnswerYes, a commercial tenant in Korea may be able to terminate a lease early, but early termination is not always automatic.The answer depends on the lease agreement, whether there is an early termination clause, whether the lease has been renewed or impliedly renewed, whether the landlord agrees, and whether there is a legal ground for termination.Foreign business owners should review t..

Short AnswerBefore leasing a restaurant or café space in Korea, foreign business owners should check whether the premises can legally be used for the intended business and whether the required business registration, food business permits, fire safety approvals, and sanitation requirements can be satisfied.The lease should also clearly address deposit, rent, management fees, key money, interior c..

Short AnswerKey money in Korean commercial leases generally refers to money paid for the business value connected to a commercial space, such as location value, facilities, goodwill, customer traffic, or the opportunity to operate a business in that place.It is common in leases for restaurants, cafés, shops, academies, clinics, studios, and other commercial premises.However, key money is differe..

Short Answer Before signing a commercial lease in Korea, foreign tenants should carefully review the deposit, rent, management fees, permitted business use, business license issues, lease term, renewal rights, early termination, restoration obligations, and key money.A commercial lease is not only a rent agreement. For foreign business owners, it may affect business registration, deposit protect..