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[Legal info] Divorce by agreement vs. Divorce by trial, what you need to know

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When considering divorce in Korea, understanding the two main types—Divorce by Agreement and Divorce by Trial—is essential. Let’s explore the differences and processes for each to help you make informed decisions. What Is Divorce by Agreement? Divorce by Agreement occurs when both parties mutually agree to dissolve their marriage. This includes reaching a consensus on key issues such as: The decision to divorce Custody and support of minor children, if any Separation of Marriage Property Even if both spouses are in full agreement, Korean law mandates that the agreement be formalized through a written document and submitted to the court for approval. This step ensures that the divorce is legally binding. What Happens When Agreement Fails? If the spouses cannot reach a mutual agreement, they must resort to legal intervention. This process may involve: Filing a Petition for Divorce: Taking the case to court for a formal ruling. Applying for Mediation: Attempting to resolve dis...

[Legal Tips from Korean Lawyers] Inheritance Property Research Service for Gyopos

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  Are you living outside Korea and recently received the heartbreaking news that a loved one has passed away? Not sure what to do next? ​ If you are related by blood to the deceased, you need to consider the inheritance property—you might be an heir. ​ If you are one of the heirs, your next step is to identify what inheritance properties exist and their respective values. ​ You will then need to decide how to handle the inheritance. This could involve reaching an agreement with other heirs, or possibly going through an inheritance lawsuit—whether as a plaintiff or defendant. ​ Yewon Law offers inheritance research services specifically for Koreans living abroad. We also provide legal consulting on determining your legal share and guidance on what steps to take if other parties are involved. Additionally, we can represent you in a lawsuit or help negotiate an agreement. ​ Yewon offers all of these services in both Korean and English, and we can communicate through email, WhatsApp, F...

[Legal Tips from Korean Lawyers] Can a Korean National hold dual citizenship?

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  A person born to Korean parents automatically acquires Korean nationality. Unlike countries like the United States, which follow the principle of jus soli (right of the soil), Korea follows the principle of jus sanguinis (right of blood), meaning that if at least one parent is a Korean citizen, their child acquires Korean nationality. Additionally, according to the Nationality Act, if a Korean citizen acquires foreign nationality, they automatically lose their Korean nationality. ​ So, is it possible for a Korean national to hold dual citizenship? ​ While the Nationality Act primarily adheres to the principle of single nationality, it does allow for dual citizenship in certain limited circumstances: ​ 1. Acquisition of dual citizenship by birth: If one parent is a Korean national and the other is a foreign national, the child can acquire both nationalities at birth. ​ ​ 2. Allowing dual citizenship through naturalization or restoration of nationality: According to Article 10, Par...

[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...