Posts Tagged ‘Korean American expert witness’

U.S.-Korean International Child Custody Fight

Sunday, June 13th, 2010
U.S. Korean International Child Custody Fight

By Don Southerton, KoreaLegal.org Editor

Child custody cases draw much emotion. International child custody cases even more so, and occur when a parent leaves with the children or in this case refuses to abide to a court order. (See my article on Korea and the Hague Parental Child Abduction Convention HERE)

NJ Man Embroiled In US-Korea Custody Battle

Alejandro Mendoza Fighting For Custody Of Children, Trying To Clear His Name After Wife Accuses Him Of Abusing Kids

A New Jersey man is fighting for his family and defending his name after his wife took his children and accused him of abuse. Two young children are at the heart of an international custody battle, with their mother behind bars and their father fighting to clear his own name. Those circumstances dominated a routine status conference in the Bergen County Courthouse Friday morning.

The case involves Broadway violinist Alejandro Mendoza, who owns a popular music school in Tenafly, and the fallout from his troubled marriage to concern violinist Si Nae Shim, who’s currently being held in the Bergen County Jail on a charge of interference with custody.

Their problems began in the spring of last year, when Mendoza says he gave in to his wife’s wishes and moved the family back to her native South Korea, where he was hired as a university professor. However, he says he changed his mind after about two months and returned to the United States to explore getting a new job here.

“She did call me from Korea and tell me not to come back,” Mendoza said.

Mendoza did go back – with an order of custody from Bergen County courts – but he found his apartment in South Korea empty, and his wife and two young children were gone.

“No parent should ever have to go through what I have gone through for a year,” Mendoza said.

Around the same time, Shim – still in South Korea – accused Mendoza of sexually abusing their children, a charge Mendoza denies.

“This is the most devastating thing that can be done to a loving father, such a monstrous thing,” Mendoza said. ” This is going to hurt the children.”

While traveling in Guam, Shim was arrested for violating the custody order and extradited back to the United States. The children are still in South Korea, living with Shim’s family.

There are several issues on the table, and as attorneys for both sides try to resolve criminal charges and custody rights for the couple’s two children, Judge Carver is keeping everyone on a tight leash in the interest of putting the children first. Everyone is due back in court next Friday.

U.S. Korean International Child Custody Fight

Korea Courts Rule Against Private Information Theft Class Action Suit

Thursday, January 14th, 2010
Korea Courts Rule Against Private Information Theft Class Action Suit

By Don Southerton, Korea Legal Editor
With the new year, I’ll be posting recent legal developments in Korea. This ruling stood out since it involves Auction, which is owned by eBay. The case centered around hacking of personal information–an ongoing concern in Korea, in the US,  and globally.

What are your thoughts?

Korea Times notes:

Auction Exonerated From Compensation in Collective Lawsuit
By Park Si-soo
Staff Reporter

A Seoul court ruled Thursday that Auction, a Korean open market Web site owned by eBay, was not liable for any damages sought in a class action lawsuit brought by 146,000 registered users over the theft of their private information by hackers in 2008.

The Seoul Central District Court ruled in favor of the company, citing its efforts to put the best security measures available in place as extenuating circumstances.

However, the court made a non-binding suggestion that Auction compensate the affected customers voluntarily at a level that fits its responsibility as a good corporate citizen.

Auction said that it appreciated the ruling and was considering a variety of ways to give back to society.

The latest case marks a departure from previous rulings on massive leaks of private information.

Kookmin Bank and LG Electronics were ordered to pay compensation to customers whose information was exposed following hackers’ attacks on their databases.

Presiding Judge Lim Sung-geun said Auction defended its database with state-of-the-art security measures, providing the company with extenuating circumstances against the plaintiff’s claim that it had failed to uphold its duty of protecting user data from hackers.

“A company should be held liable for compensating affected users only when it is proven that it did not make the utmost efforts to prevent hacking,” the judge said.

Seo Min-seog, an Auction spokesman, said, “We respect the ruling. And we will do our best to provide the best services with the best security measures.”

Park Jin-shik, one of the lawyers representing the plaintiffs, expressed regret at the court ruling and said he will appeal.

“An unexpected ruling was made,” Park said. “The leak was apparently caused by Auction’s inadequate security system. Before the leak was reported, the company found a hacking tool implanted in its server, but it did not do its utmost to get rid of it.”

The company’s user data server suffered three hacking attacks between Jan. 4 and 8, 2008. The company and the authorities estimate that nearly 10.81 million or 60 percent of all registered users of Auction (www.auction.co.kr) had their private information including ID numbers, home addresses, phone numbers and even bank accounts exposed. Police failed to identify and catch those who penetrated the company’s firewall.

In the collective action against the company, each of the 146,000 plaintiffs demanded between one and three million won ($880-$2,650) in compensation.

During the two-year-long court battle, they tried to prove that they had sustained damage as a result of the leak, citing, for instance, increases in the numbers of what appeared to be phishing calls to their mobile phones.

Korea Courts Rule Against Private Information Theft Class Action Suit

Korea Legal 2010

Saturday, January 9th, 2010
Korea Legal 2010

By Don Southerton, Korea Legal Editor

It’s a new year. In 2010, we’ll be asking top experts to contibute to this Blog. Look for timely posting on a number of Korea-related legal and business issues.

I’ve also renamed the site to reflect it’s evolving scope.

Interested in contributing?

Please contact me at dsoutherton@bridgingculture.com

Korea Legal 2010

Welcome

Sunday, January 11th, 2009
Welcome
Welcome

Don Southerton, Editor and Chief Blogger

ENTER

Our Goals

This resource shares recent developments in U.S.-Korean legal and business affairs, as well as topics such as family court, litigation, labor, and intellectual property issues.

We support the Blogger’s Code of Ethics as posted in www.cyberjournalist.net. We will abide by three main principles, “be honest and fair, minimize harm and be accountable.”

We strictly prohibit any postings that contain incorrect or misleading information.

Our Experts and Chief Blogger

Working with our team of experts and contributors is Bridging Culture Worldwide (BCW) CEO and President Don Southerton. Look for posting by top legal experts on Korea and international law related to Korean business.

Contribute your thoughts to this Blog…

Please note we promote open communications. In order to protect against spam and abusive remarks, all comments will be reviewed before being posted. That said, we look forward to your thoughts, contributions, and participation.

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