Obtaining a restraining order in case of domestic violence or dating violence

To take this path, you should file a divorce lawsuit first.

You should keep in mind that it takes usually 1-2 months before you get a restraining order after the court's review.
However in case your spouse violates the order, such act can be used against him/her in the divorce lawsuit. Also he/she will be subject to charge less than 10,000,000won (approximately 10,000 US dollars).

3. You can accuse your spouse to the police or prosecutor's office for his/her violence and request injunction (including restraining order) to protect yourself.  

If you call the police for domestic violence, the police will come out and investigate your case. They will put your spouse in the lockup to separate him/her. The spouse will be ordered not to come any closer than 100m to your residence or workplace.

To obtain restraining order based on domestic violence, it should be established that your spouse's act is equivalent to a crime, therefore report to the police or prosecutor's office is prerequisite. If you do not want to call the police, then it may not work for you.

In addition, you can file a lawsuit to indemnify your damage due to domestic violence.

4. Lastly, you can request the issuance of victim protection order. 

Separate from report to the police,you can request the victim protection order to the family court, and have the similar effect of restraining order.

According to Act regarding the punishment of domestic violence crime, Article 55-2, the judge can issue a victim protection order when asked by a victim or victim's legal representative, such as separating the perpetrator from victim or other family residence, prohibiting the perpetrator from coming closer than 100m to victim or other family member's workplace or residence, or contacting victim or other family members via phone, text, email, and other electric communication methods.

In this case, you neither need to report the crime to the police/prosecutor's office nor file a divorce lawsuit, and turn immediately to the court. It is a fast, effective way minimizing the conflict with your spouse and protecting yourself and exclude the perpetrator from your space.

If you have more questions about obtaining a restraining order in Korea due to domestic violence, please feel free to leave a comment to this post.

I am a Korea licensed lawyer who have lived in the States for almost 15 years.
In the US, I studied law at US law school. I am a Connecticut licensed lawyer as well.

I can explain complex Korean legal system to you in legal terms you are familiar with, and guide you through any legal problems you may have.

Have you done ear/nose piercing in Korea? Here are some legal issues that you may want to think about.

There are many small shops in Korea where you can have your nose or ears pierced.

It is relatively cheap - 3~20 dollars per piercing.

Have you ever thought of getting pierced at those places?
Before you try, please read the Q&A below and think twice.

[Question] I had my ears pierced at a hip piercing shop and had infection. It became so severe, so I had to use my sick days and was hospitalized for a week. The doctor warned that the infection is likely to worsen and can cause ear deformity at the worst case.
I am wondering how I can get compensated for my damage.

[Answer]
First I am sorry to hear your suffering.
In Korea, piercing service done at those piercing shop or accessory shops is illegal. Only the licensed doctors are permitted to provide such services according to Korean laws. Therefore, the shop owner or employee who pierced your ears without license are subject to criminal charges due to violation of Act regarding medical treatment and public health. In addition, since the owner inflicted harm on your ear by piercing without license, and injured you, he will be subject to general criminal law as well.

You can report your damage and his violation to the police station or the prosecutor's office. Then the police or investigator at the prosecutor's office will summon the owner and investigate the case. They may call you in to get your testimony.

In Korea, we have civil lawsuit which embraces torts. Since the owner pierced your ears without license, which is an illegal service, and caused physical damage (infection on your ear, hospitalization, sick days, and etc.), he will be responsible for your physical, psychological and monetary damage.You can be indemnified for damage such as wage loss (if hospitalized), current/future hospital bills, prescription, medicine, and psychological damage (stress, etc). You may need a help of legal profession to prove your loss and suffering.

Depending on the circumstances,you may choose to report the violation and file a lawsuit at the same time or can report the violation and file a lawsuit after he is found guilty. 

If you are hurt after piercing at illegal piercing shop, there is a way to indemnify your damage and recover your loss. Please contact me by leaving a comment below.

I am a Korea license lawyer with US law school experience as well. I have earned my JD and LLM at US law school after practicing law in Korea for several years. I have lived in the States almost 15 years as a foreigner, so I have been there. I can explain Korean legal system to you in a language that you can understand and help you to go through this maze.

EPIK employment law issues

Many of you may know about EPIK - English Program in Korea.

It is the program sponsored by the Korean government to recruit English-speaking foreign teachers to teach English in Korean public schools or other institutions.

Though the contract is written in English and there is a English-speaking coordinator to assist you, sometimes it is not easy to resolves certain misunderstanding and later it may blow up as a critical legal issues.

Unfortunately, some of you may get a notice of contract termination with unclear explanations or without grounds.

Since you made a contract with the Director at City office of education, your legal status is not a government official, which usually public school teachers are categorized, but a lecturer who made a private employment contract with the government.

When you got fired and you think it is unfair, there are several ways to dispute such contract termination.

First you can file a lawsuit asking a declaratory judgment of the court to affirm that the termination of employment is void, and the contract is still effective.
Once the court decides that the contract is still valid, you can return to work and seek monetary damage for the wage loss.

Second, you can request review at the local labor committee and ask the committee to decide that the termination of contract was unjust since such termination was made without complying with procedural due process or without legitimate grounds.

If you have any issues regarding EPIK contract or its termination, please contact me.
I am a lawyer admitted to Korean bar and Connecticut bar (US), and am currently practicing in Korea both in Korean and US laws.

As I was a foreigner in the US for 15 years, I know how much you are stressed out when you have impending issues in a foreign system that you are not familiar with.

I would be happy to be any help for you.

If you got involved in a car accident, what should you do?

[synopsis] Imagine you were walking your bike and someone jumped into you. Both of you fell down and the other person broke her/his arm. The ambulance came and transferred the victim to the hospital. The victim need 4-wk medical treatment with a cast. The person argues that since you caused the accident, you are responsible for indemnification. What should you do?
[Short answer] According to Korean traffic law, a bicycle is regarded as a motor vehicle. So your accident will be considered as a car accident. If it turns out that you are responsible for the accident, you may be subject to criminal charge and be ordered to indemnify the damage (wage loss during recovery, physical damage including medical bills, and psychological damage).

Before you admit anything or promise any compensation, please see the lawyer and ask for professional help. First things first, you should have a lawyer to accompany you to your police investigation meeting to defend yourself.

Furthermore, in Korea, it is essential to have the victim's letter in hand indicating his or her intent that he or she does not want the violator to be punished under criminal charge as he or she is monetarily compensated out of the court.  Such letter will have huge influence in your level of criminal punishment and it can help you to settle the case out of the court without any further fuss. To draft such letter, it is critical to successfully negotiate with the victim, reflect the negotiation details in the letter, and submit the letter timely to the investigator or prosecutor.

If you have any legal issues while your stay in Korea, please contact me.

I am an experienced lawyer with dual law licenses (Korea and CT, US) who is fluent in English. I can explain the complex Korean law and help you to resolve your legal issues.

Immigration Law: I got a fine from a criminal case against me. Can I renew my visa?

A penalty of fine will not put you in the process of deportation. However, it can affect your future legal status when it comes to the time of renewal.

Depending on the severity of crime and the amount of fine, the result of visa renewal application may vary. Therefore it is critical to have a good lawyer who knows the link between criminal law and immigration law to defend a foreigner's case.

If you need any legal consultation, please contact me via email.
I am a lawyer with 2 legal licenses. I went to law schools in Korea and CT, US and passed the bars in both jurisdictions. I can explain Korean legal issues in legal terms that you are familiar with.

Hyunjoo Ahn, Esq. (JD, LLM)

Law Office of Hyunjoo Ahn

Member of Korean Bar Association

Member of Connecticut Bar Association

540-1, Sangmu Building, Sangmu-jungang-ro, Seo-gu, Gwangju, Korea

Tel: 062-373-1298

Fax: 062-443-1298

E-mail: lawyer4expats@gmail.com

Family Law 101_009: I am I want to increase/decrease the amount of child support.

Criminal/Evidence 101_001: Is it illegal to record conservation between others in Korea?

Many of you have heard Invasion of Privacy Act in the States, which makes it illegal for a person to  record a “confidential communication” whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device.

In Korea, they have different set of rules to govern recording of communication. 

1. If you are a party to the conversation, you are allowed to record the conversation without your partner's consent. So Korea is similar to states known as “one-party consent” states in which the consent of at least one party to a conversation is all that is required in order for the conversation to be legally recorded.

Therefore, those recording is admissible in court proceedings.

2. If there are three people including you, and you are secretly recording conversation between the other two in your presence, it is permitted to record their conversation.

The Supreme Court decided that the conversation between those two is not interpreted as "conversation between others" in Article 3 of Protection of Communications Secrets Act as far as the person who recorded was part of the conversation.
(Supreme Court 2006도4981)

Such recording is admissible in court proceedings.

3. However, if you are recording the conversation of others, which you are not part of, without their consent, you violate Article 3(1) and/or 14(1) of Protection of Communications Secrets Act.

Article 3 (Protection of Secrets of Communications and Conversation)

(1) No person shall censor any mail, wiretap any telecommunications, provide communication confirmation data, record or listen to any conversation between others that are not made public, without recourse to this Act, the Criminal Procedure Act or the Military Court Act: Provided, That the following cases shall be governed by the relevant Acts....

Article 14 (Prohibition of Interference in Others' Conversation Secrets)

(1) No person shall record a conversation between others that is not open to the public or listen to it through the employment of electronic or mechanical devices.

(2) The provisions of Articles 4 through 8, 9 (1) (former part) and (3), 9-2, 11 (1), (3) and (4) and 12 shall apply to recording or listening as referred to in paragraph (1).

Article 16 (Penalty Provisions)

(1) Any of the following persons shall be punished by imprisonment with labor for not less than one year but not more than ten years or by suspension of qualification for not more than five years:  <Amended by Act No. 12229, Jan, 14, 2014>

1. A person who has censored any mail, wiretapped any telecommunications or recorded or eavesdropped on any conversations between other individuals in violation of the provisions of Article 3;...  

Even if one of the parties gave you permission to record the conversation between themselves, you still violate the law by recording "the conversation between others".

Hyunjoo Ahn, Esq. (JD, LLM)

Law Office of Hyunjoo Ahn

Member of Korean Bar Association

Member of Connecticut Bar Association

540-1, Sangmu Building, Sangmu-jungang-ro, Seo-gu, Gwangju, Korea

Tel: 062-373-1298

Fax: 062-443-1298

E-mail: lawyer4expats@gmail.com

Family Law 101_007: Can foreign couple get divorced in Korea?

When a couple of foreign nationality residing in Korea decide to get divorced in Korea, there are certain issues to check such as jurisdiction or applicable laws.

A divorce of non-Koreans in Korea

Does Korean court has jurisdiction over your divorce lawsuit? Probably yes.

When both non-Koreans have established their domicile in Korea, and have lived in Korea for certain amount of time, their marriage and divorce has close relationship with Korea.

According to Act on Private International Law Article 2, provision 1, when the parties and the case in dispute have close, substantial relationship with Korea, Korean court has a jurisdiction over the non-Koreans divorce lawsuit. 

One of the spouses may file a lawsuit against the other at the Korean family court that has jurisdiction over her/his domicile.

Note: However the conclusion may vary depending on the actual facts of each case.

Which law is applicable? Korean law or the couple's home country law?

When deciding the applicable law to a divorce case, we should look at Act on Private International Law Articles 39 and 37.
With respect to divorce, the laws applicable would be determined in the following order.
1. the same law of nationality of both spouses;
2. the same law of habitual residence of both spouses;
3. the law of the place where is most closely connected with both spouses.

In case both spouses are US citizens, it is a bit tricky.

According to the relevant Articles above, if the couple have same nationality, the same law of nationality of both spouses will govern.
In case of the US, each state has its own laws. Therefore pursuant to Article 3, provision 3 of Act on Private International Law, the law designated by the choice provisions under the law of the country shall govern, or the law of a territorial unit which is most closely related with the party shall govern.

Getting divorced in a foreign country can make your life more complicated.
If you need legal help for your divorce in Korea, please do not hesitate to contact me. 

I, Hyunjoo Ahn, esq. is an experienced lawyer with dual law licences from Korea and Connecticut.
I have studied law and worked both in Korea and US. I can explain Korean legal system in English legal terms that you are familiar with and understand where your concerns are coming from thank to my cross-cultural background.

Hyunjoo Ahn, Esq. (JD, LLM)

Law Office of Hyunjoo Ahn

Member of Korean Bar Association

Member of Connecticut Bar Association

540-1, Sangmu Building, Sangmu-jungang-ro, Seo-gu, Gwangju, Korea

Tel: 062-373-1298

Fax: 062-443-1298

E-mail: lawyer4expats@gmail.com

Family Law 101_009: My ex is not paying child support. What can I do?

In case your spouse fails to pay the agreed or determined-by-the-court child support cost twice without reasonable explanation, you can ask his employer to pay the corresponding amount to you directly and deduct it from his wage.

 

It is called the direct payment of child support(custodial expense).

 

 

 

Hyunjoo Ahn, Esq. (JD, LLM)

 

 

Law Office of Hyunjoo Ahn

 

Member of Korean Bar Association

 

Member of Connecticut Bar Association

 

 

540-1, Sangmu Building, Sangmu-jungang-ro, Seo-gu, Gwangju, Korea

 

Tel: 062-373-1298

 

Fax: 062-443-1298

 

E-mail: lawyer4expats@gmail.com

Family Law 101_008: I want to increase the agreed child support after divorce. Is it possible?

Answer: Yes!

What have been agreed upon divorce does not last forever. Things change and you can make changes to the agreement, especially for the benefit of children.

You can negotiate to switch the custodian and get child support expense from your spouse - a parent who is not raising the child after divorce has a duty to pay expense to raise a child to a parent who is raising the child. Or if your spouse does not cooperate, you can file a lawsuit to be designated as a new custodian for your children.

Once the parental right holder has been changed by the court, you should submit “change of parental right holder” city, gu, eup, myeon office. 

In a related note, you can change the determined child support if the circumstances has been changed. 

Hyunjoo Ahn, Esq. (JD, LLM)

Law Office of Hyunjoo Ahn

Member of Korean Bar Association

Member of Connecticut Bar Association

540-1, Sangmu Building, Sangmu-jungang-ro, Seo-gu, Gwangju, Korea

Tel: 062-373-1298

Fax: 062-443-1298

E-mail: lawyer4expats@gmail.com

Family Law 101_005: I want to have a custodial right back! (change of custodian right after divorce agreement)

Your spouse and you may have decided that your spouse is better to take care of the minor children upon divorce. However, sometimes you may find out that you are a better parent to be with kids. 

Even if you and your spouse agreed upon who will have parental rights and who will raise the kids, if circumstances change or the designated person is not suitable for child raising, you can change the parental right holder and custodian right holder at any time. 

You can negotiate to switch the custodian and get custody expense from your spouse - a parent who is not raising the child after divorce has a duty to pay expense to raise a child to a parent who is raising the child. Or if your spouse does not cooperate, you can file a lawsuit to be a new custodian for your children.

Once the parental right holder has been changed by the court, you should submit “change of parental right holder” city, gu, eup, myeon office.

In a related note, you can change the determined custodial expense if the circumstances change. You may need help from a lawyer to request an increase.

In case your spouse refuses to pay the determined custodial expense twice without reasonable explanation, you can ask his employer to directly pay such amount to you and deduct it from his salary. 

It is called the direct payment of custodial expense. The process is complex, so ask for legal help.

If you are considering getting divorced in Korea, or has any on-going issues with your divorce in the past, and need any legal help, please do not hesitate to contact me.

I, Hyunjoo Ahn, Esq. am a lawyer with double law licenses. I studied law both in Korea and the US and have earned the law license both in Korea and Connecticut.
I have worked not only with Koreans but also with foreigners residing in Korea.

I have lived oversees over 10 years in the States and in the Netherlands.
I understand the hardships that many foreigners experience as alien in Korea, and am very willing to be any help for them.You can reach me by dropping a note via my email. 

Currently I am located in Gwangju, Korea and can talk to you over the phone, skype or in person.

Thanks!

Hyunjoo Ahn, Esq. (JD, LLM)

Law Office of Hyunjoo Ahn

Member of Korean Bar Association

Member of Connecticut Bar Association

540-1, Sangmu Building, Sangmu-jungang-ro, Seo-gu, Gwangju, Korea

Tel: 062-373-1298

Fax: 062-443-1298

E-mail: lawyer4expats@gmail.com