If you are involved in a criminal investigation in South Korea, it is not enough to know what happened. You also need to know whether the case can be prosecuted procedurally. In Korean criminal procedure, certain offenses require specific conditions for prosecution (소추조건). If those conditions are missing, or if they are later removed, your case may end without a conviction, even if the...
![[Successful Case Result] Securing a Suspension of Prosecution for Driver Assault in Korea](https://kangshinlaw.com/wp-content/uploads/2026/02/Successful-Case-suspension-of-prosecution-driver-assault-korea-1-e1774101389624-907x675.png)
This case study details how Kang & Shin secured a Suspension of Prosecution (기소유예) for a respected foreign professional facing severe criminal charges under the Act on the Aggravated Punishment of Specific Crimes (Assaulting a Driver). Despite a complex situation involving language barriers and physical altercation, our strategic defense protected the client from a conviction that...
![[Successful Case Result] KRW 946 Million Awarded in a Contract Payment Dispute in Korea](https://kangshinlaw.com/wp-content/uploads/2026/02/successful-contract-payment-dispute-lawyer-korea-1080x675.png)
In a recent contract payment dispute in Korea, Kang & Shin secured a favorable judgment for a sales agency concerning a substantial “move-in support fee” that was structured as a promotional benefit ultimately intended to be passed through to unit purchasers. The defendant sought to avoid payment by asserting (i) an alleged but unwritten “tenant move-in” condition, (ii) invalidity of...
![[Successful Case Result] No Indictment for Property Damage in Seoul](https://kangshinlaw.com/wp-content/uploads/2026/01/successful-case-property-damage-defense-seoul.png)
This article highlights a recent case result handled by Kang & Shin. What began as a routine drive escalated into a hostile roadside confrontation, and ultimately a criminal allegation of property damage in Seoul that could have affected our client’s professional career in law enforcement. Legal note: In Korea, property damage (재물손괴) is a criminal offense under the Korean Criminal...
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. Courts apply a fault-based principle (유책주의) as a core rule: the spouse who is primarily responsible for the breakdown of the marriage...
When a marriage has reached a point of no return but does not neatly fit into categories like infidelity or physical abuse, the Korean Civil Act Article 840(6) provides a “catch-all” provision. It allows for a judicial divorce “if there exists any other serious cause making it difficult to continue the marriage.” For many expats, this is the most critical ground to understand, as it covers...
