Posts Tagged ‘Legal issues Korea’

Korea Facing: A Recap

Thursday, November 15th, 2012
Korea Facing: A Recap

by Don Southerton, KoreaLegal.org

After posting weekly Korea Facing updates over the past few months, I thought a short resource recap was timely. In part, with many readers demanding schedules and oceans of daily emails, some topics of interest may have come and gone unread. We have also added a substantial number of new readers since Korea Facing’s launch.

Here are the topics and direct links to each of the articles.

Korea corporate hierarchy

http://archive.aweber.com/bcw-clients/ItJtY/h/Korea_Facing_Hierarchy_Part_1.htm

http://archive.aweber.com/bcw-clients/GGH.Y/h/Korea_Facing_Hierarchy_Part_2.htm

http://archive.aweber.com/bcw-clients/DIzHI/h/Korea_Facing_Hierarchy_Part_3.htm

http://archive.aweber.com/bcw-clients/9s9kI/h/Some_Feedback_on_Hierarchy_Part.htm

Workplace generation issues

http://archive.aweber.com/bcw-clients/FYgz2/h/Korea_Facing_The_New.htm

http://archive.aweber.com/bcw-clients/IhKQ2/h/Feedback_Korea_Facing.htm

Countermeasures (dealing with challenges)

http://archive.aweber.com/bcw-clients/KPbVo/h/Korea_Facing_Countermeasures.htm

http://archive.aweber.com/bcw-clients/DqVAs/h/Comments_on_Korea_Facing.htm

Goals

http://archive.aweber.com/bcw-clients/EDZZs/h/Stretch_Goals_and_the_Seemingly.htm

Approval process

http://archive.aweber.com/bcw-clients/5cT5c/h/Korea_Facing_Approvals.htm

Not taking “No” as an answer

http://archive.aweber.com/bcw-clients/Jx15M/t/Korea_Facing_Knock_On_The_Door.htm

Western teams

http://archive.aweber.com/bcw-clients/OKd.6/h/Korea_Facing_Why_Hire.htm

 As always, your comments, questions, and feedback is appreciated.

 

 

 

Korea Facing: A Recap

International Law Firms Plan South Korea Launch

Sunday, March 27th, 2011
International Law Firms Plan South Korea Launch

By Don Southerton, KoreaLegal.org

A few weeks ago a lawyer from a top Washington, DC law firm contacted me about the KORUS FTA and the opening of Korea to global legal firms.  I  feel many international law firms are looking at the Korean market.  It will be smart for them to get lots of local support, and more important develop a sound strategy for market entry. I can help.

Here as recent PR announcing law firm Clifford Chance’s plans of entering the Korean market.

Clifford Chance (CC) looks set to become the first leading City firm to open an office in South Korea, with the firm planning to launch after the country’s legal market is opened up to foreign law firms this summer.

The firm is one of a number of the UK top 10 looking at the region in the wake of a free trade agreement (FTA) between Europe and South Korea that was approved by the European Parliament last month (17 February).

The long-awaited agreement, initially signed at the EU-South Korea summit in Brussels in October last year, sets out a timescale for foreign law firms to open in the market, with international firms to be able to open representative offices from July, once the agreement is ratified.

CC confirmed that it is planning to open in the country, Asia’s fourth-largest economy, once the market is liberalised, with other firms including DLA Piper and Allen & Overy (A&O) in earlier stages of evaluating the market.

CC Asia head Peter Charlton (pictured) said: “We have ambitious plans for growth in Asia and Korea is an important part of that strategy. We welcome the recent legal liberalisation and are working towards having a suitable presence in the country at the first available opportunity.”

Under the terms of the FTA and legislation set out by the South Korean Government, liberalisation is set to happen over three stages.

From July, EU-based law firms will be able to open representative offices in South Korea to advise on non-Korean law. By July 2013 firms will have the right to enter into co-operative agreements with Korean firms and advise on legal issues involving a mixture of domestic and foreign law. By July 2016, EU firms will be able to invest in local firms and hire Korean lawyers.

A&O Asia managing partner Thomas Brown said: “Korea is a very important market in Asia and we are looking at it very seriously, but we haven’t made a decision either way as yet.

“We already have a very healthy South Korea practice and any presence on the ground would help us build on what we already do – especially as we won’t be able to practise local law. So our focus would remain on the international law elements of deals involving South Korea.”

Other firms exploring the market include DLA Piper, where Asia managing director Alastair Da Costa said: “We are very interested in the market, having a thriving Korea practice with lawyers in Tokyo, Hong Kong, London and the US. Korea fits as a geography with our strategic framework and we are keen to explore what we can do to strengthen our position in that market.”

Firms ruling out entering the market in the near-term include Ashurst, Eversheds, Linklaters and Freshfields Bruckhaus Deringer.

Freshfields Asia managing partner Robert Ashworth said: “There are increasing signs of cross-border activity and a renewed confidence of Korean corporates to pursue overseas projects work and acquisitions. The long-awaited liberalisation of the legal market will facilitate this process and I would not be surprised to see law firms from the EU taking advantage of the FTA to open offices. We are continuing to develop our successful offshore Korean practice but I do not anticipate our having a formal presence in Korea in the near term.”

The US signed an FTA with South Korea in June 2007 that so far has yet to be ratified by either government, with several US firms looking at the region in anticipation of the FTA’s ratification.

Source: LINK

International Law Firms Plan South Korea Launch

New Korean Lawyers Seek Employment in Tough Market

Saturday, January 15th, 2011
New Korean Lawyers Seek Employment in Tough Market

By Don Southerton, Korea Legal.org Editor

Seems like Korea shares a trend that we’ve seen in the U.S., an over-supply of new lawyers. On another level, across Korea recent college graduates also have high unemployment rates, too.

Half of New Lawyers Still Out of Work

Lawy has always been regarded as one of the most prestigious occupations in Korea but the legal market has already turned into a red ocean and nearly half of new attorneys remain unemployed.

Of the 970 people who completed a two-year mandatory training program Wednesday at the Judicial Research and Training Institute after passing the bar exam, 343 have yet to be employed, with 189 to join the military to serve out their conscription.

The portion of the graduates with no job takes up 44.1 percent, a sharp increase from 36 percent in 2008.

The majority of the jobless would prefer governmental positions: 124 opted for the prosecution while 82 are judge hopefuls.

Of those hired, 150 headed to large law firms, with 29 starting their career as juniors for independent solicitors, 30 working for public corporations and 18 at private companies. Twenty-six opened private practices of their own.

New Korean Lawyers Seek Employment in Tough Market
New legal professionals attend a graduation ceremony at the Judicial Research and Training Institute in Ilsan, Gyeonggi Province, Wednesday. (Park Hae-mook/Korea Herald)


“I haven’t received offers from at firms I wanted,” said a 29-year-old lawyer-trainee who asked to be identified only by his family name, Seo. He decided to join the military to stall for time. “I know several others who haven’t been confirmed with employment yet and they are quite anxious, too.”

Industry insiders say the worldwide financial downturn drove more aspiring lawyers to vie for public positions guaranteeing job stability. Also, the economic hardship made many law firms stingy in hiring junior lawyers, they said.

“Conventionally, most graduates were recruited no later than June. But last year, the unemployment issue lingered till September. This year, it may take longer than that,” a spokesman for the training center was quoted as saying by the Yonhap news agency. “Next year, things will be much more complicated because law school graduates will be joining the market, fueling the competition,” he added.

However, some predict that more job will open in the meantime to “bulk up” brains for competing against foreign firms once the legal services market opens due to recently agreed-upon free trade agreements.

“Once the market opens and foreign firms, including aggressive American firms rush in, the only way to survive from the extreme competition is to size up and professionalize in specific areas,” the Donga Ilbo newspaper quoted an insider of Kim & Chang, the nation’s largest firm, as saying.

“The training center is also focusing on teaching rather novel and practical fields such as international trade law or American and U.K. laws. We hope it would broaden the trainees’ choices,” Lee Jeong-min, professor at the center, told the Chosun Ilbo.

New Korean Lawyers Seek Employment in Tough Market

South Korea Ponders Move Towards U.S.-style Grand Jury System

Sunday, June 20th, 2010
South Korea Ponders Move Towards U.S. style Grand Jury System

By Don Southerton, Editor KoreaLegal.org

South Korea’s legal system has evolved over the past decades. Once rooted in Neo Confucian tradition, as Korea opened to the West they adopted much from Europe.  This WSJ article notes a mandate  to change, which includes, for example, a move towards the American-style grand jury system.

SEOUL—South Korea’s top prosecutor announced his support for the introduction of grand juries in the country, in what would be a major change to a legal system where power is concentrated with prosecutors.

The move is the most significant of the proposals announced Friday by Prosecutor General Kim Joon-gyu in response to a bribery and sex scandal involving about 100 current and former prosecutors in Busan, a city on South Korea’s southeast coast.

Mr. Kim proposed legislative changes to enact a U.S.-style grand jury system, a process that could take months, and said he would create citizens’ review panels for major cases in the meantime.

The decision could bring an advance in civil rights for South Korean individuals and a reduction in sometimes-abusive investigations of foreign businesses that have effectively been a trade barrier, analysts say.

For companies, South Korean prosecutors’ power has meant that simply being the target of an investigation can taint a reputation and damage business, even if no charges are brought. In the most high-profile such case in recent years, an attempt by the U.S. owner of Korea Exchange Bank to sell the institution was twice thwarted by a prolonged investigation into whether the company should have been allowed to buy the bank in the first place.

“It’s a paradigm shift,” says Jasper Kim, who teaches law in the international studies program at Ewha Women’s University in Seoul. “The question is in the execution, whether the grand juries function as simply a rubber stamp for prosecutors or as a bellwether test to a case.”

Prosecutors hold enormous power in South Korea’s justice system. Prosecutors, rather than police, preside over civil and criminal investigations. They decide whether to charge people with crimes, and don’t have to first prove the merit of the charges before a grand jury.

Prosecutors routinely disclose investigations to the media before charges are filed or trials are held, a practice that makes trials and court rulings less important for the public than an investigation.

The Busan scandal brought to a boil South Koreans’ long-simmering anger with prosecutors’ relatively unchecked power. In April, an investigation by South Korean TV network MBC turned up a construction-company executive who claimed to have systematically paid dozens of prosecutors for more than 20 years with cash, gifts, meals and prostitutes.

On June 9, the chairman of a special committee appointed to investigate the news report said some of the allegations were true. He recommended dismissal for a handful of prosecutors and financial penalties for others, though he didn’t recommend criminal charges because he found it difficult to link the payments to favors or other misconduct.

In a videoconference with 1,700 prosecutors nationwide on Friday, the prosecutor general, Mr. Kim, said the country needs a U.S.-style grand jury system for prosecutors to regain credibility. “The behavior of the prosecution will be revamped and those who do not follow the new trend will not keep their job,” Mr. Kim told the prosecutors.

South Korea’s legal system is rooted in communal practices that stretch back centuries, but it was modified 62 years ago with a civil-law-style system similar to France’s. The system instilled South Korean prosecutors with power and remained unchanged after the nation adopted a democratic constitution in 1987.

Abuses mounted through the years. In addition to occasional bribery scandals, prosecutors were widely perceived to be influenced by whatever political party held power. President Roh Moo-hyun, during his tenure from 2003 to 2008, sought to break the relationship between politicians and prosecutors and increase the role of judges as a check on prosecutors, but he stopped short of proposing a grand jury system.

WSJ Article Credit Evan Ramstad at evan.ramstad@wsj.com

South Korea Ponders Move Towards U.S. style Grand Jury System

Korean Law School Strives to Educate Koreans Students in U.S. Law

Sunday, May 23rd, 2010
Korean Law School Strives to Educate Koreans Students in U.S. Law

By Don Southerton, Editor KoreaLegal.org

I found this to be interesting. First the school is in Pohang, which is in southeast Korea and home to POSCO Steel. Second, it seems to be strongly supported by the Christian Legal Society, a non-denominational US-based Christian membership association of lawyers, judges, law professors, law students.

Joongang Ilbo notes
Although Handong International Law School in Pohang, North Gyeongsang, has a short history, it has made great strides toward educating Korean students in U.S. law and helping them to secure jobs overseas.

The school was established in 2002 by Handong Global University with the goal of providing an American-style law school curriculum and nurturing prospective attorneys who will practice in the United States.

Since then, of the 199 students who have graduated from Handong so far, 105 of them have passed bar exams in the United States.

In an interview with Eric Enlow, the dean of Handong International Law School, Enlow said that Handong is making remarkable progress, especially considering that an average of only 32 percent of bar exam applicants who were educated in countries other than the United States pass the U.S. bar exam.

“Fifty-three percent of our graduates have passed bar exams in seven U.S. states including Tennessee and Missouri,” Enlow said. “This is the first time that a Korean law school has produced more than 100 students who passed U.S. bar exams.”

Handong is the only university in Korea that offers and meets the academic requirements set forth by the American Bar Association, which accredits U.S. law schools.

Although the American Bar Association does not accredit foreign law schools outside of the United States and Canada, some states, such as Tennessee, permit the graduates of some foreign law schools to take their state bar exam. Other states, like New York, only allow graduates of foreign law schools who have completed an LL.M. degree at an accredited U.S. law school to take the bar exam.

“Those who have obtained a legal license to practice in the U.S. take jobs in various fields that would not usually be open to an attorney who passed the Korean bar exam,” Enlow said. “We have graduates working at the top five law firms in the U.S., such as Paul Hastings. And between 50 and 60 Handong graduates now work at eight law firms in Korea.”

While there are graduates who work in the legal departments of Korean companies, there are others who serve as legal advisers or attorneys at NGOs working on human rights issues, Enlow added.

Some graduates also get well-paying jobs without obtaining licenses in the United States, Enlow added.

Although Handong is located in the city of Pohang, which is outside of Seoul, Enlow explained the school is quite international. Over 20 percent of Handong International Law School students are foreigners and most of them are scholarship students from developing countries, he said.

“Three graduates work at Vietnamese law firms and a Jordanian graduate works as a United Nations High Commissioner,” he said.

All Handong classes are conducted in English and all put a heavy emphasis on in-class discussions, Enlow said.

“As Handong was established to nurture attorneys in the U.S., our curriculum is very similar to that offered in law schools in the United States, so that’s why states like Tennessee have permitted our students to take their bar exams,” Enlow said. “Students can study here, with a curriculum that is similar to that offered in U.S. law schools, at half the price.”

When asked whether he has any regrets about taking a position that pays him less than he would make as an attorney in the United States, Enlow, a Yale alumnus, said his income has changed drastically but that he had found meaningful work here based on his Christian faith.

Most of the school’s 12 faculty members are members of the Christian Legal Society and many consider teaching here as volunteer work.

“My wife and four children live here with me and my wife educates my children at home,” Enlow. “I’m satisfied with life here and I want to continue working here.”

Korean Law School Strives to Educate Koreans Students in U.S. Law

Korea Legal.org Update

Sunday, April 18th, 2010
Korea Legal.org Update

By Don Southerton, Korea Legal.org Editor

The site continues to draw lots of interest. We’re asking top experts to contribute  and share their perspective. Look for timely posting on a number of Korea-related legal and business issues.

Interested in contributing?

Please contact me at dsoutherton@bridgingculture.com

Korea Legal.org Update

Legal Defense in Infant Death: Internet Addiction

Sunday, April 4th, 2010
Legal Defense in Infant Death: Internet Addiction

By Don Southerton, Editor Korealegal.org

This story caught my attention. I have great disdain and zero tolerance for those who neglect their children. On the positive side, Koreans focus lots on their families and children. Such negligence is a rare exception. What then stands out in this case is that  legal defense seeks to set a precedence.

The case could set an important legal precedent if it establishes that gaming addiction is a mitigating circumstance in crime.

Korean law accepts drunkenness as such on the basis that the perpetrator is not acting according to his own will. With neither defendant having psychological problems beyond game addiction, the judge may set a precedent.”

Internet Addiction Led To Baby’s Death

By Andrew Salmon for CNN
STORY HIGHLIGHTS
  • NEW: Couple pleads guilty to negligent homicide
  • Pair is arrested in March, accused of starving baby to death
  • Police: Couple spent hours on online game where they raised a virtual child
  • Part of couple’s defense includes addiction to Internet gaming

Suwon, South Korea (CNN) – A South Korean couple whose three-month-old daughter died of malnutrition while they were raising a virtual child in an online game pleaded guilty to negligent homicide on Friday.

Kim Jae-beom, 40, and his common-law wife, Kim Yun-jeong, 25, will be sentenced on April 16.

Prosecutors are seeking a five-year sentence for the couple, whose defense included a statement alleging gaming addiction.

The pair is expecting a second child in August. Their first daughter’s name, Kim Sa-rang, means “love” in Korean. She died in September of malnutrition while they were engaged in overnight sessions at a PC Bang, or a 24-hour Internet cafe. The couple would allegedly put her to bed and leave for 10-hour gaming sessions.

They were playing Prius Online, a 3-D fantasy game in which players raise an online girl who gains magic powers as she is nurtured and grows older.

“I think of our baby in heaven,” the father responded when asked if he had anything to say. “I will be guilty until the day I die.”

The father — a slight, gray-haired man and the mother — a visibly emotional woman — were dressed in pale green detention center uniforms. They appeared nervous and timid; neither had previous convictions. The father was a taxi and truck driver, while the mother was unemployed.

They said they met in 2008 and the father introduced Kim to online gaming. Sa-rang was born prematurely in July last year and died a few months later. At the time of death, she weighed 5.5 pounds (2.5 kgs), the court heard. She was 6.4 pounds when she was born.

“When she cried, I cuddled her, but I noticed she was getting thinner,” the mother said, adding that she had not learned about baby care at the hospital nor had she read any books on the subject.

The couple reported the baby’s death to police, who become suspicious about her low weight. They were subsequently arrested and investigated.

“They were addicted to Internet gaming; they put their baby to sleep and came home early in the morning,” said their attorney, Kim Dong-young (no relation) of the Korean Legal Aid Corp. “They regret it, but Ms. Kim is pregnant, please consider this.”

Speaking about his unborn child, the father said: “There will be no second mistake.”

Korea has arguably the world’s most advanced broadband infrastructure, a $5 billion gaming industry and an evolving culture built around gaming. Companies such as Samsung sponsor pro-teams that compete in leagues.

Given the wide availability of the Internet — there are 21,500 PC Bangs nationwide — Web addiction has been widely noted in South Korea, though questions remain on the most appropriate treatment.

How is South Korea trying to beat Internet addiction?

The case could set an important legal precedent if it establishes that gaming addiction is a mitigating circumstance in crime.

Korean law accepts drunkenness as such on the basis that the perpetrator is not acting according to his own will. With neither defendant having psychological problems beyond game addiction, the judge may set a precedent.

“Since they were addicted, the judge could make it a factor in cutting their sentence,” the lawyer said.

Even if he does, Korea is not a litigious society, the lawyer said, and the chances of businesses such as PC Bangs or game developers being sued are low.

The case has sparked interest in the gaming industry.

“I have been reading the articles,” said an employee of “Tony’s,” a PC Bang in Suwon, near the court. But, he said, the case would not have any ramifications for the industry.

The trial lasted just over half an hour in a near-empty courtroom in Suwon, a satellite city an hour south of Seoul best known as home to the factories of Samsung, a leading electronics company.

Legal Defense in Infant Death: Internet Addiction

Reforming Korea’s Punitive Laws: Adultery and Abortion Draws Scrutiny

Thursday, March 18th, 2010
Reforming Koreas Punitive Laws: Adultery and Abortion Draws Scrutiny

Reforming and re-evaluating punitive legal aspects of social issues continues to draw attention in Korea.  Old norms once rooted in centuries old Confucianism or  the authoritarian regimes of the 1960s -1980s have yielded to a society impacted by globalization. Issues like adultery and abortion laws are now under scrutiny. The adultery law, for example,  punishes extra-marital affairs.  Centuries ago this meant a very public spectacle. As 17th centeury shipwrecked Dutch sailor Hendrick Hamel noted in his account of life in Korea…  Who commits adultery with a married woman, is lead through the city, together with the woman, naked or just dressed in thin underpants. From both the face is smeared with slake lime, they have an arrow through each ear, and on their back a small drum is tied on their back on which a judicial servant beats while he shouts: “Look people!, this man and this woman committed adultery!”. After being led through the city like this, they conclusively got 50 to 60 beating on their buttocks in the square in front of the city hall.

In recent years punishment has meant jail time and probation…

Chosun Ilbo notes:

The government is moving to scrap Korea’s singularly punitive adultery law. A special committee under the Justice Ministry tasked with reforming the country’s criminal code in a recent meeting agreed to abolish the draconian law, a member said Wednesday.


Consisting of 24 legal experts endorsed by the judiciary, prosecution and the Korean Bar Association, the special committee has been discussing the overhaul of the criminal code since September 2007.

The Justice Ministry plans to prepare a reform bill in the first half of this year based on the committee’s recommendations and submit it for ratification by the end of this year. The committee decided to abolish the Adultery Law after putting it to a vote.

In October 2008, the Constitutional Court again upheld the law by default, with four of nine judges saying it is constitutional and five unconstitutional, falling short of the two-thirds majority or six out of nine needed for a law to be declared unconstitutional.

The committee is also reportedly discussing permitting abortions, which remain illegal in Korea. “We have not reached any conclusions since it is a very controversial issue,” a committee member said. “But discussions are under way allowing abortions if they are conducted before a certain period of pregnancy and clamping down on those that take place after that phase as seen in advanced countries.”

The committee is also seeking to scrap punitive measures such as doubling the sentence for repeat offenders and replace them with preventive measures like surveillance, protective custody and treatment.

Reforming Koreas Punitive Laws: Adultery and Abortion Draws Scrutiny

Korea’s Maternity Protection Laws

Sunday, February 28th, 2010
Koreas Maternity Protection Laws

By Don Southerton, KoreaLegal.org Editor

A client asked about workplace maternity leave coverage in Korea. In the US coverage can vary state to state. Some like California, include provisions for the spouse to take time off for bonding, too. Similar laws exist in Europe.

In South Korea, thee Ministry of Gender Equality was established in 2005 as an administrative agency maintaining and overseeing the social safety network under which married  and unmarried women can work without feeling discrimination.

With regard to having children, Maternity Protection Laws took effect in 2001. Women employees must be given 90 days paid maternity leave and an additional 45 days of unpaid leave; employers pay for 60 of the 90 days and the government the remaining thirty. However, this law applies just to firms covered by state employment insurance, which can leave out some. Currently there is discussion that State employment insurance protections should be extended to cover those that fall outside government coverage. Other feel the laws in general need to be strengthened, with declining birth rates a concern.

Koreas Maternity Protection Laws

University of Washington Korean Legal Research

Wednesday, February 17th, 2010
University of Washington Korean Legal Research

By Don Southerton, Korea Legal.org Editor
One goal of Korea Legal.org is to share resources. This UW site  is a great source of information. UW has long been a center for Korean studies in the West.

한국법학연구지침


University of Washington Korean Legal Research