Kang & Shin
Posts by Kang & Shin

Can the At-Fault Spouse Divorce in Korea?

  In many jurisdictions, if a marriage is broken, the court grants a divorce regardless of who is to blame. In South Korea, the starting point is the opposite. In Korea, a judicial divorce (재판상 이혼) is not simply about whether a marriage has ended emotionally....

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Grounds for Divorce in Korea: Spouse Missing for 3+ Years

  When a spouse disappears and their whereabouts are unknown, the problem in Korea is not just emotional but legal. Civil Act Article 840(5) provides a specific basis in Korean law for what is sometimes called a spouse missing divorce in Korea, a judicial divorce...

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Grounds for Divorce in Korea: Extreme Maltreatment

  When a marriage in Korea breaks down and spouses cannot agree to a consensual divorce (협의이혼), the only option is a judicial divorce (재판상 이혼). To succeed, you must prove at least one of the six legal grounds for divorce in Korea under Civil Act Article 840....

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Grounds for Divorce in Korea: Malicious Desertion

  When a marriage in Korea breaks down and the spouses cannot agree to a consensual divorce (협의이혼), one spouse must file for a judicial divorce (재판상 이혼). This requires proving one of the six legal grounds for divorce in Korea. Among these, malicious desertion...

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Grounds for Divorce in Korea: Infidelity

  When spouses in Korea can’t agree to end their marriage by consent, the path is a judicial divorce (재판상 이혼). Among the recognized grounds for divorce in Korea, infidelity, termed an “act of unchastity” under Civil Act Article 840(1), is one of the most common...

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6 Legal Grounds for Divorce in Korea: An Overview

  Ending a marriage in Korea legally follows one of two paths: divorce by agreement (consensual divorce, 협의이혼) or a judicial divorce (contested divorce, 재판상 이혼). (For a step-by-step overview of both routes, including jurisdiction issues for foreigners, see...

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Forgery Charges in Korea: Non-Indictment, No Deportation

A Foreigner's Guide to Forgery Charges in Korea and Protecting Your Visa in Korea An increasing number of foreigners living in Korea are finding themselves entangled in criminal cases. If you are under investigation for the forgery of a public document, it is crucial...

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Statutory Share (Yuryubun) Inheritance in Korea

If you have issues relating to inheritance in Korea, especially as a foreigner or a Korean living abroad, an English-speaking lawyer in Korea can help you protect your rights under the statutory share (유류분, Yuryubun; also called the legal reserve of inheritance). This...

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