Question 1

If you are a foreigner residing abroad , and getting child custody in Korea

Accepted Answer

There are a few things you should consider. Child custody cases can be complex, so it is best to seek the advice of a qualified family law attorney who is experienced in international custody disputes.Firstly, it's important to determine if the Korean court has jurisdiction over your case. you should check if Korean courts have jurisdiction over your child custody case. Generally, Korean courts will have jurisdiction if your child is habitually resident in Korea or if the child has Korean nationality. If your child is not habitually resident in Korea and does not have Korean nationality, you may need to seek legal advice in the country where your child is living. However, there may be exceptions to this rule depending on the specific circumstances of your case.Jurisdiction : If Korean courts have jurisdiction, you will need to file a petition for child custody with the appropriate court in Korea. The court will consider various factors when deciding on custody, including the child's best interests, the parents' ability to care for the child, and the child's preferences (depending on the child's age and maturity).Filing a petition for child custody: If Korean courts have jurisdiction, you will need to file a petition for child custody with the appropriate court in Korea. It is important to note that you will need to have a good understanding of Korean legal processes, and you may need to hire a qualified family law attorney who is familiar with Korean laws and procedures. You will need to provide evidence supporting your claim for custody, such as your ability to care for the child and any issues with your spouse's ability to care for the child.Factors considered by the court: When considering a child custody case, the court will consider various factors to determine what is in the best interests of the child. These factors may include the child's age, health, and educational needs, as well as the ability of each parent to provide for the child's physical and emotional well-being. The court may also consider the child's relationship with each parent, the child's preferences (depending on the child's age and maturity), and any history of abuse or neglect.Mediation or custody evaluation: If you and your spouse are not able to come to an agreement regarding custody, the court may order mediation or a custody evaluation. During mediation, a trained mediator will work with you and your spouse to help you reach a mutually acceptable custody agreement. If mediation is unsuccessful, the court may order a custody evaluation, in which a court-appointed evaluator will conduct a thorough investigation of your family's circumstances and make a recommendation to the court.Final decision: After considering all the evidence and testimony presented during the hearing, as well as the results of any mediation or custody evaluation, the court will make a final decision regarding custody. The court's decision will be based on what is in the best interests of the child, and may grant custody to one parent or order joint custody.It is important to note that Korean law regarding child custody can differ significantly from the laws in your home country, so it is essential to seek legal advice from an experienced attorney in Korea.Finally, if you and your spouse are not able to come to an agreement regarding custody, the court may order mediation or a custody evaluation. The court will then make a final decision regarding custody based on the results of the mediation or evaluation.Overall, seeking child custody as a foreigner residing abroad with a Korean spouse can be a complicated process, but with the help of a qualified family law attorney, you can navigate the legal system and work towards a favorable outcome for you and your child.DO I have to appear at a child custody hearing if I hire a lawyer? If you hire a lawyer to represent you in a child custody case in Korea, it is not always necessary for you to attend court hearings. However, it is highly recommended that you attend court hearings whenever possible.Attending court hearings can be beneficial in several ways.First, it shows the court that you are taking the case seriously and are committed to your child's well-being.Second, attending court hearings allows you to hear firsthand what is happening in the case and to provide your lawyer with any additional information that may be helpful in arguing your case.Finally, attending court hearings can help you feel more involved in the process and can give you a greater sense of control over the outcome.That being said, there may be circumstances where attending court hearings is not possible or practical. For example, if you reside in a different country and cannot travel to Korea, it may be difficult for you to attend court hearings in person. In these cases, your lawyer can represent you in court and keep you informed of any developments in the case.Ultimately, the decision of whether to attend court hearings in a child custody case will depend on your individual circumstances and the advice of your lawyer. Your lawyer will be able to provide you with guidance on the best course of action based on the specifics of your case.

Question 2

What if one of our trading partners failed to transfer the funds and went bankrupt in Korea?

Accepted Answer

If another company that trades with your company does not transfer the money and goes bankrupt in Korea, there are several potential outcomes depending on the specific circumstances of the situation:Legal action: You may be able to pursue legal action against the bankrupt company to recover the money owed to you. This could involve working with Korean lawyers to file a claim and participate in bankruptcy proceedings.Depending on the specific circumstances, you may be able to recover some or all of the money owed to you. However, it's important to note that the legal process can be lengthy and expensive, and there is no guarantee of success.Insurance: If you have trade credit insurance, you may be able to make a claim for the money owed to you. This will depend on the specific terms of your policy and the circumstances of the bankruptcy. Trade credit insurance is designed to protect businesses against non-payment by customers due to bankruptcy, insolvency, or other reasons. If you have trade credit insurance, you can make a claim for the money owed to you from the insurer. The insurer will assess your claim and determine whether it meets the requirements of your policy. If it does, they will pay out the claim to you, up to the coverage limit of your policy.Losses: If you are unable to recover the money owed to you through legal action or insurance, you may need to write off the losses as a bad debt. This can be a significant financial hit for your company and may require you to adjust your operations accordingly. This means that you will need to adjust your financial statements to reflect the fact that you are unlikely to receive payment for the debt. This can have a negative impact on your cash flow and profitability, and may require you to make changes to your business operations.It's important to work with a qualified legal and financial team to navigate this situation and determine the best course of action for your company.  In any case, it's important to work with qualified professionals who can guide you through the process and help you make informed decisions about how to proceed. This may include lawyers, accountants, and financial advisors.If you pursue legal action and win the case against the bankrupt company, it is possible that the company may still be able to pay you the money owed. However, this will depend on the specific circumstances of the bankruptcy and the amount of money owed to you.In some cases, bankrupt companies may have assets that can be sold to repay their creditors. If this is the case, you may be able to recover some or all of the money owed to you through the sale of these assets.However, it's important to keep in mind that bankruptcy proceedings can be complex and lengthy, and there is no guarantee that you will be able to recover the money owed to you even if you win the legal case. Additionally, if the bankrupt company has no assets or the assets are insufficient to cover the debts owed, you may not be able to recover the full amount owed to you.Overall, it's important to carefully consider the potential costs and benefits of pursuing legal action and work with experienced professionals to guide you through the process. They can help you evaluate your options and make an informed decision about how to proceed.It is possible to pursue legal action against a bankrupt company in Korea. However, it's important to keep in mind that the legal process can be complex and may require the assistance of a qualified Korean lawyer who is familiar with bankruptcy law and procedures in Korea.In general, if you decide to pursue legal action, you would need to file a claim against the bankrupt company with the relevant court in Korea. The court would then evaluate your claim and determine whether you are entitled to receive payment from the bankrupt company.The specific procedures and requirements for filing a claim in a Korean court will depend on the type of bankruptcy proceedings involved, as well as the specific circumstances of the case. It's important to work with a qualified Korean lawyer who can guide you through the process and help you understand your rights and options.Overall, pursuing legal action against a bankrupt company in Korea can be a complex and challenging process, and it's important to carefully consider your options and work with experienced professionals to protect your interests.If you pursue legal action against a bankrupt company in Korea and are unable to recover the money owed to you, you may still be responsible for paying your lawyer's retainer fee and any other legal fees associated with the case. This is because legal fees are typically incurred regardless of whether the case is successful or not.However, it's important to note that the specific terms of your retainer agreement with your lawyer will depend on the individual agreement you have with your lawyer. Some lawyers may offer contingency fee arrangements, where they only get paid if you win the case, while others may require a retainer fee upfront regardless of the outcome.It's important to carefully review your retainer agreement with your lawyer before proceeding with legal action, and to ask any questions you may have about fees and costs associated with the case. This will help you understand your financial obligations and make an informed decision about whether to pursue legal action.Overall, pursuing legal action against a bankrupt company in Korea can be a complex and challenging process, and it's important to carefully consider your options and work with experienced professionals to protect your interests while minimizing your financial risks.

Question 3

Delay in performance of contract - transactions with Korean companies

Accepted Answer

If a Korean company delays the execution of a contract, the following countermeasures can be considered::1. Confirmation of contract termsYou need to make sure that the contract contains a provision for delay. Contracts usually specify the duration of the engagement, penalties incurred in the event of delays, and how to deal with the delays. In particular, we need to confirm prior agreements on which country's legal regulations and courts to resolve the dispute. If it is specified that the dispute will be settled in Korea, the dispute can be settled through the Korean court.2. Raising objectionsIt is recommended that you challenge the enterprise to determine the reason for the delay. This helps you understand why your business is delaying its transition. Under Korean law, if the performance is delayed due to the party's responsible reasons, the party who delayed the performance will be liable for damages and other legal responsibilities. Otherwise, if the performance is delayed for a considerable period of time, we can cancel the contract and get back the money we paid in advance. In addition, you can claim damages for damages.3. NegotiationWithin the contractual fulfillment period, you can request fulfillment and try to negotiate. Negotiations allow the two sides to reach mutually beneficial agreements. Ye&Partners operates these negotiating legal services. Please contact us right now.4. Legal ResponsePenalty or legal action may be attempted according to the contract. To do this, you need to consult with a Korean lawyer to decide how to respond.1) Arbitration and Mediation: If the contract specifies the arbitration and mediation procedures, you can try following them. There is an arbitration agency called "KCAB" in Korea, which is the Korean Commercial Arbitration Board.If the contract between the parties stipulates that the dispute should be settled at KCAB, the dispute should be settled at KCAB, not at the court.2) Contract Termination: Contract may be terminated if delays are severe or inevitable. However, in this case, it is recommended that you decide to terminate the contract after preparing a legal response. There is a clause in Korean law regarding the termination of the contract, and this clause must be applicable to cancel the contract. You should know that simply delaying implementation does not mean it will be released immediately.How to deal with delayed contract performance may vary depending on the situation. Therefore, it is important to consult your lawyer to determine the appropriate response.

Question 4

How do I retrieve the money if I didn't receive it from Korean businesses?

Accepted Answer

How do I retrieve the money if I didn't receive it from Korean businesses?You may need to take the steps listed below to retrieve the money you perceive Korean businesses owe you:Collect evidence :  Gather all related documents, which including contracts, invoices, emails, and other forms of correspondence that relevant to the money you believe you are owed.Try to resolve the issue through negotiation: Contact the company and attempt to negotiate a solution to the problem.Consider alternative dispute resolution: If negotiating is unsuccessful, you may want to consider pursuing an alternate dispute resolution process, such as mediation or arbitration.Take legal action: You might need to do this if all other options have been exhausted. This can involve filing a case before a Korean court or hiring lawyers.Take into consideration that the particular actions you may take will depend on your case's circumstances and the legal basis of the nation in which the business is located.

Question 5

Procedural things to know when filing a civil lawsuit in Korea

Accepted Answer

While initiating a civil case in Korea, you should be concerned with the following pointsProactive evidence preparation:  to win in litigation, enough evidence must be acquired.adherence to the proper legal processes : proceeding in accordance with civil procedures.The right choice of a lawyer: if you want to succeed in a civil dispute, the lawyer ought to be proficient and experienced.Compliance with relevant laws and regulations: Civil cases must be processed in compliance with all applicable laws and rules.Following these instructions will help you successfully file a civil lawsuit in Korea.The following are the civil procedures in KoreaLitigation: The litigant (defendant) files an application for submission of civil action.Acceptance of Litigation: After receiving a request to file a lawsuit, the relevant court accepts the case.Litigation commencement: When a lawsuit is filed, both the accuser and the accused are both entitled to present evidence and witnesses.Investgating of Evidence: When an investigation of evidence is conducted, the competent court will review the evidence to determine the facts.Judgment: After reviewing the evidence investigation, the court renders a decision The ruling shall be maintained in the final judgment and shall be respected after the judgment is announced.If you follow these procedures, you can proceed with a civil lawsuit in Korea.The court with jurisdiction over civil litigation in Korea is the district court. The jurisdiction of the court is determined by the area of residence, location, etc. Each court can handle civil proceedings within a specific area, which enables active processing of civil proceedings. Therefore, if a foreign company wants to file a civil lawsuit against Korea, it must check whether there is an agreement on the jurisdiction of the Korean court.

Question 6

Procedures for Foreign Companies to reolve Disputes in Korea

Accepted Answer

1. Mediation To resolve disagreements, foreign corporations may request mediation in Korea. Through this method, parties are encouraged to resolve their differences amicably rather than through litigation or arbitration. Parties must agree to mediate and select a mediator who is regarded properly by both parties before the mediation process can begin.2. Arbitration Foreign corporations can also choose arbitration as an alternate dispute resolution option if the parties are unable to settle their disagreement through mediation. The parties must first sign an arbitration agreement before choosing an arbitrator or arbitral tribunal in accordance with the statutes and procedural regulations that will apply to the case.3. Litigation If foreign corporations are unable to resolve their disagreement through other means, they may resort to litigation as a last resort. A complaint could be made in a Korean court or administrative body that has jurisdiction over the situation as part of litigation. Either party's attorneys may begin legal action by submitting the appropriate paperwork to the court or administrative body, depending on the circumstances.

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