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Showing posts from December, 2024

[Legal Tips from Korean Lawyers] My parent passed away. What do I have to do? (Inheritance)

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  When parents, siblings, or other family members pass away, inheritance occurs regarding the deceased family member's assets. The person who inherits the assets becomes an "heir" and inherits the assets of the deceased ("the decedent") as inheritance property. ​ Inheritance begins at the time of the decedent's death. Although inheritance technically occurs at the time of the parent's passing, you cannot yet dispose of the inherited property because the specific details of the inheritance have not been determined, and administrative procedures have not been completed. As explained below, you can only actually dispose of the inherited property once the details of the inheritance are finalized, the administrative process is completed, and the necessary documentation (e.g., registration of real estate) is processed. Below, I will briefly outline the overall process of inheritance. ​ First, you need to confirm who the heirs are. Heirs are determined by civil...

[Legal Tips From Korean Lawyers] Legal terms related to divorce

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Divorce by agreement, Judicial divorce (Concillation divorce / Litigation divorce) There are two main ways to divorce: Divorce by agreement and judicial divorce. If the spouses agree on divorcing, they may divorce by agreement; while if they are unable to agree, the party seeking to divorce may bring action for divorce requesting a court judgment. ​ Unlike litigation, conciliation is a system to hear out the parties to the conciliation in an informal setting and amicably resolve the issue in consideration of various circumstances by mutual compromise and concession. The Republic of Korea has a system of prerequisite conciliation where the conciliation process is undertaken ahead of an action for divorce. ​ 사실혼 De facto marriage 유책배우자 Spouse at fault According to judicial precedent, the spouse mainly at fault for the breakdown of the marriage (hereinafter “spouse at fault”) may not, in principle, seek divorce on the grounds of such a breakdown. It is fundamentally opposed to morality fo...

[Legal Tips from Korean Lawyers] Brief Summary of Korean Criminal Procedure

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  Are you about to face a police investigation or planning to file a criminal complaint or accusation as a victim of a crime? Here’s a brief explanation of the criminal procedure in South Korea, outlining the steps that occur when a crime is committed. 1. Investigation Stage (Police - Prosecution) • Crime Detection: A crime is detected when the police or prosecution become aware of it through a report, complaint, accusation, or evidence of the crime. A complaint is filed by the victim, while an accusation is filed by a third party informing the police about the suspect’s crime. • Commencement of Investigation: An investigation is initiated, involving questioning of the suspect and evidence collection. During this process, the suspect has the right to give a statement, and the authorities verify the criminal allegations based on the evidence. Various investigation steps, such as statements from the complainant, questioning of witnesses, and confrontational interrogations, may tak...