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Legal Issues Related to Leasing a House in Korea_[Housing Protection Act]

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Q1)  Mr. Fraser, U.S. Citizen, had leased an apartment located at Yongsan-gu, Seoul for two-year period. Prior to the expiration date of the lease, the landlord notified him that he intends to increase monthly rent by 20% in case of a renewal. Mr. Fraser talked to some of his Korean friends; and was told he has right to renewal the lease with 5% rent-increase cap in accordance with [Housing Protection Act]. When Mr. Fraser pointed out his right, the landlord’s realtor said; [Housing Protection Act] is only applicable to Korean-nationals. Is this true?   A1)  In principle, it is correct that [Housing Protection Act] is only applicable to Korean nationals since the Article 1 of the Act stipulates that the purpose of the Act is to ‘secure stability in the residential life of national citizens’.         However, in case the foreigner report/register the address of premise as the place of stay with Immigration Center; it is eligible to claim the right to get protected under the Act.
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Types of Divorce in Korea

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There are two types (or we can break it down to three) of Divorce in Korea as follows: 1. Divorce by Agreement ( 협의이혼 ) Upon reaching an agreement by both parties over the terms and conditions such as (i) property division ( 재산분할 ), (ii) compensation for mental damages ( 위자료 ), and (iii) parental rights and child custody (e.g. child support costs & visitation rights); parties can apply for Divorce by Agreement. However,this process requires a 'consideration period' ( 숙려기간 ) of three months (in case parties have a child); and parties need to physically attend the meeting at least twice. The whole process takes about 2-5 months including the consideration period. 2-1 Divorce by Trial ( 소송이혼 ) In case parties do not reach an agreement; or one of the parties does not want to get divorced; a party can file a lawsuit to seek for a Divorce by Trial. There are six (6) conditions (or causes) to get entitles to file a lawsuit of Divorce by Trial as below in accordance with [Civil Act
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How to Best Handle a Traffic Accident for Foreigners in Korea_2 (Criminal)

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<Image: http://k-law4u.blogspot.com/>   Case 2) The driver in S60 Volvo (hereinafter, referred to as a "Victim") had been transferred to an ER nearby, however, eventually passed away. In accordance with Korean law, what criminal punishment would Michael expect?     a. In Principle, Michaele is subject to imprisonment for five-year or less, or penalty up to KRW 20M Article 3 (Special Cases for Punishment)      (1)         A driver of a vehicle who commits a crime provided for in Article 268 (Death/Injury by occupational or gross negligence) of the Criminal Act by reason of a traffic accident shall be punished by imprisonment without prison labor for not more than five years or by a penalty not exceeding 20 million won . b. Term between the timing of the accident and Victim's death Let's do some thought experiment. In case the timing of Victim's eventual death is after 2-year period. Michael still can argue that the lack of co-relation between the accident
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How to Best Handle a Traffic Accident for Foreigners in Korea_1 (Criminal)

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  <Image: http://k-law4u.blogspot.com/>                                                                                                                                          Case 1)  Michael T. Stapleton, a 21-year-old U.S. Citizen residing in Seoul was in a hurry to the party with his friends to celebrate the new year of 2023; and got involved in a traffic accident by hitting a S60 Volvo which got damaged on its left side (let's assume no passenger in the car was injured). In accordance with Korean law, what criminal punishment would Michael expect?     a. In Principle, Michael is subject to imprisoment for two-year or less, or penalty up to 5M - [Road Traffic Act]       Article 151 (Penalty Provisions)    Where the driver of any motor vehicle or tram damages the building or goods of any other person due to negligent disregard or gross negligence, he or she shall be punished by imprisonment without labor for not more than two years or by a penalty not exceeding five mi
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Overall Incorporation Process in Korea

Overall Incorporation Process in Korea a. In Korea, obtaining permissions (including license, registration, report de-facto approval by the governmental authorities), if required by the specific regulations governing the industry, is not a post-incorporation process unlike some of foreign jurisdictions; but is a part of the incorporation process of a foreign invested company as below time table (as step 3, if applicable).  Therefore, legal research/advice by a law firm ( nhylaw.co.kr )might be necessary depending on its prospective business activities in advance of commencing incorporation process. For your reference, failing on proper legal research may cause an immense consequences as the case of an example of Uber which business was concluded to be illegal in accordance with [Passenger Transport Service Act] in Korea.   Step 1 Step 2 (Step 3, If Applicable) Step 3 (or 4) Step 4 (or 5) Foreign Investment Report under FIPL &
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