# LegalPost > LegalPost explains Korean law for the general public — divorce, criminal, civil, fraud, real estate, administrative and labor law — through plain-language articles and case-based Q&A, in multiple languages. - Coverage: divorce and family, criminal, civil disputes, fraud (including jeonse fraud), real estate, administrative, corporate and labor law in South Korea. - Information is general legal information, not legal advice for a specific case. - Languages: ko, en, zh, th, vi, id, uz, ja, fr, es, pt, it, hi. Korean is at https://www.legalpost.app/…, other languages at https://www.legalpost.app//… (e.g. https://www.legalpost.app/en/). - AI use: public articles on this site may be used for AI training, search, and answers. When citing, please link the article URL and name the site. - Every article is an AI-assisted rewrite/translation of a public source; the original source link is shown at the end of each article and in its JSON-LD (isBasedOn). ## Key pages - [About & editorial policy](https://www.legalpost.app/about): who we are, how articles are produced, corrections - [All articles](https://www.legalpost.app/articles) - [RSS feed](https://www.legalpost.app/feed.xml) - [Sitemap](https://www.legalpost.app/sitemap.xml) ## Sections - [Administrative](https://www.legalpost.app/categories/administrative) - [Civil](https://www.legalpost.app/categories/civil) - [Criminal](https://www.legalpost.app/categories/criminal) - [Divorce](https://www.legalpost.app/categories/divorce) - [Fraud](https://www.legalpost.app/categories/fraud) - [Labor](https://www.legalpost.app/categories/labor) - [Real Estate](https://www.legalpost.app/categories/real-estate) ## Korean law guides (176 topics, English at /en/guides/…) - [All guides](https://www.legalpost.app/guides): Topic guides built from Korea Legal Aid Corporation consultation cases - [How to Correct a Family Relations Register: Methods and Procedures](https://www.legalpost.app/guides/family-register-correction-guide): The procedure for correcting an error in a Family Relations Register depends on whether it is a simple clerical error or a matter that significantly affects a person’s legal status, such as a parent-child relationship. … - [Family Relations Registration Procedures and Precautions](https://www.legalpost.app/guides/family-registration-reporting-guide): The person responsible for filing a family relations registration report, the required documents, and the deadline vary depending on the event, such as a birth, marriage, divorce, or death. Before filing, check which ce… - [Acquisition and Loss of Nationality: Requirements and Procedures](https://www.legalpost.app/guides/korean-nationality-acquisition-loss): South Korean nationality may be acquired at birth, through naturalization, or with permission to restore nationality. Marriage alone does not automatically confer nationality. If you acquire foreign nationality or have … - [Guide to Establishing a Surname and Family Origin and Changing a Name in the Family Relations Register](https://www.legalpost.app/guides/family-name-creation-and-name-change): As a general rule, changing your name requires permission from the Family Court, and you must prepare reasons for the change and materials supporting them. A person who has acquired Korean nationality, or a person regis… - [Guide to the Procedure and Application for Establishing a Family Relations Register](https://www.legalpost.app/guides/family-register-creation-guide): If you are a citizen of the Republic of Korea, have no Family Relations Register, and cannot reasonably expect your birth to be reported, you may apply to establish a Family Relations Register with permission from the f… - [Other Family Relations Registration Matters: Certificates, Corrections, and Establishment of a Register](https://www.legalpost.app/guides/family-registration-special-issues): The issuance of certificates from the family relations register, correction or re-creation of entries, and establishment of a family relations register depend on the applicable grounds and procedures. In particular, che… - [Guide to Individual Rehabilitation Eligibility and Repayment Methods](https://www.legalpost.app/guides/personal-rehabilitation-debt-repayment): Individual rehabilitation is a procedure under which you make payments under a repayment plan using income that you can earn regularly or continuously/repeatedly, and may obtain a discharge of the remaining debt after c… - [Key Guide to Know Before Applying for Personal Bankruptcy and Discharge](https://www.legalpost.app/guides/personal-bankruptcy-discharge-guide): Personal bankruptcy is a proceeding to determine whether a person is insolvent, while discharge is a separate proceeding to decide whether liability for repayment of bankruptcy claims should be released. You should accu… - [When and how can a contract be terminated or rescinded?](https://www.legalpost.app/guides/contract-cancellation-rescission-guide): A contract cannot be rescinded whenever one party wants; there must be a contractual provision or a statutory ground for rescission. As a rule, to rescind for delay in performance, you must set a reasonable period and d… - [General Guide to Contracts: Contract Formation and Principles of Performance](https://www.legalpost.app/guides/general-contract-rights-duties): The parties and terms of a contract are determined not only from the written contract but also by considering the circumstances in which it was entered into, the parties’ intentions, and the actual course of performance… - [Guide to Construction Payment and Defect Disputes under Contracts for Work](https://www.legalpost.app/guides/construction-contract-rights-disputes): In disputes under contracts for work, it is important to determine whether construction was completed, what the contract and any agreements provide, and when a claim was exercised. Construction costs, contract terminati… - [Guide to Defects, Rescission, and Damages in Sales Contracts](https://www.legalpost.app/guides/sale-contract-defect-remedies): If the subject of a sale has a defect, you may be able to rescind the contract or claim damages, but the available remedies depend on the nature of the defect, the contract’s purpose, and whether the buyer knew of the d… - [Guide to the End of a Lease, Security Deposits, and Demands to Purchase Structures on Land](https://www.legalpost.app/guides/landlord-tenant-lease-rights): Whether you can demand the purchase of a building or facility when a lease ends, and whether a leasehold right can be asserted against a new owner, depends on factors such as the purpose of the lease, the reason it ende… - [Real Estate Brokerage Guide: Brokers’ Duties and Fees](https://www.legalpost.app/guides/real-estate-brokerage-guide): A licensed real estate agent operating a brokerage business must check and accurately explain important matters, including the property’s legal rights and any restrictions on transactions or use. The agent may be liable… - [Partnerships and Gye: Liability and Settlement in Business Partnerships and Gye Arrangements](https://www.legalpost.app/guides/partnership-mutual-aid-guide): Depending on the terms of the agreement and how the arrangement is operated, a business partnership may be treated as a partnership under the Civil Act. The legal nature of a gye and the resulting liabilities also depen… - [Consumer Guide to Installment Transactions, Door-to-Door Sales, and Credit Cards](https://www.legalpost.app/guides/installment-door-to-door-credit-card): You may withdraw from installment and door-to-door sales contracts within specified periods, but restrictions may apply depending on the purpose of the transaction and the type or condition of the goods. Liability for u… - [Mandate Agreement Guide: Duties, Fees, Termination, and Damages](https://www.legalpost.app/guides/mandate-duties-fees-termination): The terms of a mandate agreement are determined by the parties’ agreement, and the mandatary must handle the matter with the care of a good manager, in accordance with the purpose of the mandate. Whether fees are payabl… - [Guide to the Effects, Rescission, and Termination of Settlement Agreements](https://www.legalpost.app/guides/civil-settlement-agreement-guide): When a settlement agreement is made, the parties’ rights and obligations are generally determined by its terms, so it is difficult to undo the settlement merely because the actual damages later prove greater or someone … - [Guide to Contractual Loans, Interest, and Claims for Repayment](https://www.legalpost.app/guides/loan-contract-repayment-interest-security): To claim repayment of a loan, you must prove that the money was lent and establish the agreed terms, and you should consider the repayment date and limitation period. Even where interest has been agreed or security prov… - [A Guide to Terminating Travel Contracts and Travel Agency Liability](https://www.legalpost.app/guides/travel-contract-rights-safety): Travelers may cancel a contract before departure and may terminate it during the trip if there is an unavoidable reason or a serious defect that is not remedied. A travel agency may have a duty to investigate and disclo… - [Guide to Deposit Refunds and Contract Cancellation](https://www.legalpost.app/guides/contract-deposit-refund-cancellation): In principle, a deposit allows a party to cancel a contract; it does not automatically belong to the other party as a penalty. Whether a preliminary deposit or a partially paid deposit is refundable, and whether the con… - [Guide to Claims for Wages and Severance Pay and Their Calculation](https://www.legalpost.app/guides/wages-severance-pay-rights): As a general rule, the right to severance pay arises when employment ends, and an agreement stating that severance pay is included in wages does not, by itself, eliminate the obligation to pay it. Severance pay and over… - [Guide to Work-Related Accident Eligibility and Compensation](https://www.legalpost.app/guides/workplace-injury-compensation-guide): The key issue in determining whether an accident is work-related is whether there is a substantial causal connection between the work and the injury, illness, disability, or death. The connection to work is assessed by … - [Key Guide to General Labor and Employment: Employee Status, Transfers, and Severance Pay](https://www.legalpost.app/guides/labor-worker-rights-guide): Whether someone is an employee is not determined solely by the wording of a contract or the method of payment. The assessment considers various factors, including the actual direction and supervision of the work and the… - [Justifiable Grounds for Dismissal and Remedies in Employment](https://www.legalpost.app/guides/labor-dismissal-rights-guide): Dismissal must have justifiable grounds, and dismissals for managerial reasons or during a probationary period must each meet the applicable requirements. The fact that dismissal notice pay was received or a resignation… - [Guide to Establishing Labor Unions, Collective Bargaining, and Industrial Action](https://www.legalpost.app/guides/labor-union-rights-guide): Labor unions must be established and operated with autonomy and independence, and collective bargaining and industrial action must comply with applicable laws and procedures. The legitimacy of changes to management stru… - [Labor: Guide to Top-Priority Payment of Wages and Retirement Benefits](https://www.legalpost.app/guides/labor-wage-priority-claims): The right to top-priority payment is the right to receive payment of certain wage and retirement benefit claims, among others, from the employer's assets ahead of secured creditors and other creditors. However, you must… - [Essential Guide to Other Labor and Employment Issues](https://www.legalpost.app/guides/labor-workplace-rules-disputes): As a general rule, an unfavorable amendment to the rules of employment requires the consent of the group of workers, and whether consent is required and who is covered may vary depending on when the amendment was made a… - [Employment Contracts, Resignation, and Wages: An Essential Guide to Employment Contracts](https://www.legalpost.app/guides/employment-contract-rights-and-duties): An employment contract may be formed orally, but it is important to put it in writing to confirm key terms and conditions of employment, such as wages and working hours, and to prevent disputes. If the contract terms ar… - [Working Hours: Overtime, Rest Periods, and Protections for Pregnant Employees](https://www.legalpost.app/guides/labor-working-hours-overtime-breaks): When assessing working hours, distinguish actual hours worked from rest periods and check whether overtime pay is due. The example states that the rest-period provisions also apply to workplaces with four or fewer emplo… - [Guide to Eligibility and Procedures for Applying for a Small-Amount Substitute Payment](https://www.legalpost.app/guides/small-wage-guarantee-guide): A small-amount substitute payment is a payment that may be made, subject to certain requirements, when a retired worker has obtained a final and conclusive court judgment, etc. concerning unpaid wages, regardless of whe… - [Guide to the Creation and Exercise of Superficies and Jeonse Rights](https://www.legalpost.app/guides/superficies-jeonse-rights-guide): A statutory superficies does not arise automatically whenever the owners of land and a building become different. A jeonse right is also a real right separate from a lease. In auctions, changes to rights, and assignment… - [Recovering and Exercising Ownership: Key Rules to Know](https://www.legalpost.app/guides/property-ownership-rights-guide): It is difficult to determine ownership and the possibility of recovering it based on registration alone; the type of title trust, the parties to the sale contract, and whether a third party acquired rights must also be … - [Guide to the Effect and Enforcement of Mortgages](https://www.legalpost.app/guides/mortgage-rights-and-enforcement): A mortgage entitles its holder to priority payment over other creditors from the exchange value of the mortgaged property. Its scope and the way it is enforced depend on the condition of the collateral and the progress … - [Acquisitive Prescription of Real Estate: A Key Guide to 20 Years of Possession and Registration](https://www.legalpost.app/guides/real-estate-prescriptive-acquisition): A person who possesses real estate peacefully and openly, with the intention of owning it, for 20 years may claim acquisitive prescription by possession. However, the passage of the possession period does not itself imm… - [Essential Guide to Changes in Real Rights and Real Estate Registration](https://www.legalpost.app/guides/real-estate-registration-changes): Registration is generally required to acquire or transfer real rights through a legal act, such as a real estate sale, and applications for registration are usually made jointly by the person entitled to registration an… - [Neighbor Relations: Harm Between Neighbors and How to Resolve It](https://www.legalpost.app/guides/neighboring-property-rights-guide): Even when harm results from a neighbor’s construction, noise or odors, use of water, or passage across land, not every inconvenience is automatically unlawful. Whether the harm exceeds the tolerable limit is determined … - [Guide to Other Real Rights: Security Rights and Provisional Registrations](https://www.legalpost.app/guides/collateral-security-property-rights): The effect of a security provisional registration or a transfer-for-security arrangement is not determined solely by the name used in a registration or contract. It depends on the substance of the transaction, the parti… - [Liens and Pledges: Requirements for Creation and Methods of Enforcement](https://www.legalpost.app/guides/lien-pledge-rights-guide): A possessory lien arises when a person lawfully possesses another person’s property and has a due claim relating to that property; the connection between the possession and the claim is important. A pledge requires chec… - [Guide to the Use, Management, and Partition of Jointly Owned Property](https://www.legalpost.app/guides/co-ownership-rights-and-partition): Co-owners may use and benefit from the entire jointly owned property in proportion to their shares, but the manner of use may be determined by holders of a majority of the shares. If the co-owners cannot reach an agreem… - [Guide to Real Right Claims Based on Ownership](https://www.legalpost.app/guides/ownership-based-property-claims): An owner may seek removal of conduct that currently interferes with ownership or, where there is a substantial likelihood that interference will arise, seek to prevent it. Who may be sued and what may be claimed depend … - [A Guide to the Meaning of Possession and Claims for Its Protection](https://www.legalpost.app/guides/possession-rights-protection-claims): Possession is not recognized only when someone physically holds a thing. Rather, whether a person exercises factual control in the ordinary understanding of society is determined by considering the relationship between … - [Key Rules on Service, Hearing Dates, and Parties in Civil Litigation](https://www.legalpost.app/guides/civil-litigation-procedure-guide): In a civil lawsuit, whether documents were properly served and whether the parties appeared on the scheduled dates can affect how the case proceeds and whether adverse consequences follow. If procedural issues arise—suc… - [Civil Appeals: Deadlines and Methods of Challenging a Judgment](https://www.legalpost.app/guides/civil-appeals-deadlines-remedies): In civil proceedings, appeals to an intermediate appellate court or the Supreme Court must comply with the prescribed deadlines and procedures. If a party missed a deadline for a reason not attributable to them, subsequ… - [Guide to Capacity to Be a Party and Changes of Parties in Civil Litigation](https://www.legalpost.app/guides/civil-litigation-parties-capacity): When bringing or responding to a lawsuit, you need to determine who may be a party and who must conduct the proceedings when direct litigation is difficult, such as in the case of an organization or a minor. Correcting … - [Guide to the Allocation and Recovery of Costs in Civil Litigation](https://www.legalpost.app/guides/civil-litigation-costs-guide): As a general rule, the losing party bears the litigation costs, but the court may allocate them differently in cases such as partial losses or co-litigation. Once the decision allocating the costs becomes final, the spe… - [Simplified Civil Litigation Procedures: Payment Orders, Small Claims, and Mediation](https://www.legalpost.app/guides/simplified-civil-procedure-guide): To seek payment of money promptly, you may consider a payment order or the small-claims procedure; to resolve a dispute by agreement, you may use civil mediation or a settlement procedure. Because these procedures diffe… - [Guide to Grounds and Procedures for Retrial in Civil Litigation](https://www.legalpost.app/guides/civil-retrial-grounds-procedure): A retrial is a procedure for challenging a final judgment on the merits when a ground prescribed by law exists. Even if there is a ground for retrial, it may not be permitted, or a different procedure may be required, d… - [Jurisdiction in Civil Lawsuits: Where Should You File?](https://www.legalpost.app/guides/civil-litigation-venue-guide): As a general rule, a civil lawsuit is filed in the court with jurisdiction over the defendant’s address. However, separate forums may be available for property rights, torts, consumer transactions, and other matters. Th… - [Evidence in Civil Litigation: What to Submit and How](https://www.legalpost.app/guides/civil-litigation-evidence-guide): In a civil lawsuit, you must submit evidence to support the facts you allege. The court decides whether to admit the evidence and how much weight to give it. The procedure for submitting evidence and the matters that mu… - [Guide to Civil Statutes of Limitations: Time Limits and How to Interrupt Them](https://www.legalpost.app/guides/civil-prescription-periods-interruption): The limitation period varies depending on the type of claim. For ordinary claims, as well as claims for wages, the price of goods, and damages for torts, you should check the applicable time limit and when it begins to … - [General Principles of Juristic Acts: Mistake, Fraud, Invalidity, and Exercise of Rights](https://www.legalpost.app/guides/civil-legal-act-validity): To cancel a contract or claim that it is void, you must consider requirements such as whether the mistake was material, whether the motive for contracting was disclosed to the other party, and the extent of any deceptio… - [Guide to Civil Agency Authority and Liability for Apparent Agency](https://www.legalpost.app/guides/civil-agency-authority-liability): As a general rule, a contract entered into without agency authority has no effect on the principal, but the principal may be liable if the statutory requirements for apparent agency are met. Merely possessing a certific… - [Guide to Legal Acts by Persons with Limited Capacity and the Guardianship System](https://www.legalpost.app/guides/limited-capacity-acts-guardianship): As a general rule, a contract made by a minor without the consent of a legal representative may be rescinded. However, rescission may be restricted in cases such as where the minor used deception to make the other party… - [Guide to Absence, Declarations of Disappearance, and Property Administration](https://www.legalpost.app/guides/absence-disappearance-legal-guide): A declaration of disappearance is not automatic merely because a person’s life or death has remained uncertain for a specified period. An interested person or a public prosecutor must petition the court and obtain the d… - [Guide to Compulsory Execution Against Real Estate: Procedures and Precautions](https://www.legalpost.app/guides/real-estate-forced-execution-guide): In a real estate auction, you must check not only the bidding procedure but also what is being sold, the rights affecting the property, the order of priority for distribution, and the rights of occupants. The requiremen… - [Guide to Enforcing Monetary Claims under Civil Execution](https://www.legalpost.app/guides/money-claim-enforcement-guide): If you have an enforceable title, such as a final judgment, you can attach and collect or take by assignment monetary claims that the debtor is entitled to receive from a third party, such as construction payments, a le… - [General Civil Enforcement: Key Guide to Compulsory Execution](https://www.legalpost.app/guides/civil-enforcement-general-guide): In compulsory execution, it is important to distinguish the effect of the title of execution, the status of the property subject to enforcement, the types of deposits and distributions, and enforcement costs. The scope … - [Guide to Remedies in Civil Enforcement](https://www.legalpost.app/guides/civil-enforcement-remedies-guide): Even if you object to compulsory enforcement, the available remedy—such as an action to object to a claim, an action by a third party to object to enforcement, or a procedure concerning an execution clause—depends on th… - [Guide to Applying to Change the Scope of Claims Exempt from Attachment](https://www.legalpost.app/guides/garnishment-exempt-claim-adjustment): As a rule, when a claim exempt from attachment is deposited into an account, the exemption from attachment does not automatically extend to the deposit claim itself. However, a debtor may apply to the court to change th… - [Compulsory Enforcement Against Movable Property: Procedures and Responses](https://www.legalpost.app/guides/movable-property-enforcement-guide): As a rule, movable property is seized by an enforcement officer taking possession of it. Property possessed jointly by a debtor and the debtor’s spouse may be presumed to be jointly owned and therefore subject to enforc… - [How to Stay or Cancel Civil Enforcement: Methods and Requirements](https://www.legalpost.app/guides/civil-enforcement-stay-suspension-cancellation): Filing an action to oppose enforcement or taking an appeal does not automatically stop compulsory enforcement. You must submit the documents prescribed by law or an enforcement stay order to the enforcement authority. T… - [Guide to Asset Disclosure and Asset Inquiries in Civil Enforcement](https://www.legalpost.app/guides/civil-enforcement-asset-disclosure): If you have an enforceable title for a monetary obligation but it is difficult to determine what assets the debtor has, you may apply to the court for asset disclosure if the requirements are met. If the results of asse… - [Provisional Attachment in General: From Application to Setting Aside and Deposits to Obtain Release](https://www.legalpost.app/guides/provisional-attachment-general-guide): Provisional attachment is a procedure that temporarily freezes a debtor’s assets to preserve enforcement of monetary claims and similar claims. The consequences of setting aside the attachment or enforcing it vary depen… - [Key Guide to Applying for, Enforcing, and Canceling Provisional Dispositions](https://www.legalpost.app/guides/provisional-disposition-injunction-guide): A provisional disposition is an interim measure intended to preserve rights or prevent risks arising from a disputed legal relationship until judgment is issued in the action on the merits. However, its effect on third … - [Guide to the Effect of Attachment Before Judgment of Claims and How to Apply](https://www.legalpost.app/guides/claim-provisional-attachment-guide): An attachment before judgment of a claim is a procedure for preserving a claim that the debtor holds against a third-party obligor. It takes effect as a prohibition on payment when the order is served on the third-party… - [Guide to the Effects and Distribution of Provisional Attachment of Real Estate](https://www.legalpost.app/guides/real-estate-provisional-attachment): Provisional attachment of real estate restricts the debtor’s power to dispose of the property, and dispositions made after the attachment have limited effect in relation to the provisional-attachment creditor. However, … - [Other Commercial Lease Issues: Rights and Precautions](https://www.legalpost.app/guides/commercial-lease-other-issues): In commercial leases, the landlord’s repair obligations, the tenant’s restoration and reimbursement issues, and rent after the lease ends depend on the contract and the actual condition and use of the premises. When own… - [A Guide to Recovering Key Money and Claiming Damages in Commercial Leases](https://www.legalpost.app/guides/commercial-lease-key-money): Key money is paid in exchange for transferring or allowing the use of business facilities, customer relationships, business know-how, advantages associated with the location of the premises, and similar value. In genera… - [Guide to Preferential Rights to Payment for Commercial Leases](https://www.legalpost.app/guides/commercial-lease-priority-repayment): As a general rule, for a commercial tenant to receive preferential payment of a deposit in an auction or public sale, the tenant must take delivery of the building, register the business, and have a fixed date on the le… - [Guide to Changes in Deposits and Rent under Commercial Leases](https://www.legalpost.app/guides/commercial-rent-deposit-adjustments): During a commercial lease, if the rent or deposit becomes unreasonable because of changes in economic conditions or other circumstances, either party may seek an increase or decrease for the future. The applicable limit… - [Guide to the Right of Small-Amount Commercial Tenants to First-Priority Payment](https://www.legalpost.app/guides/commercial-lease-small-tenant-priority): Whether a small-amount commercial tenant is entitled to first-priority payment may depend on the deposit amount, the circumstances of the lease, how the premises are used, and what is being auctioned. Many of the cases … - [Requirements for Opposability in Commercial Building Leases and Points to Note](https://www.legalpost.app/guides/commercial-lease-opposability-guide): A commercial tenant may assert the lease against third parties from the day after taking delivery of the leased building and applying to register a business at that building. However, the business premises shown on the … - [How Far Does Protection Extend Under the Commercial Lease Rules?](https://www.legalpost.app/guides/commercial-lease-scope): The Commercial Building Lease Protection Act applies to leases of buildings subject to business registration that are used for business purposes. When determining whether a lease is covered, both the regional thresholds… - [Commercial Lease Terms: Agreed Terms, Renewal, and Termination](https://www.legalpost.app/guides/commercial-lease-term-renewal): If a commercial lease is agreed for a term of less than one year, it is treated as a one-year lease in principle, but the tenant may assert that the shorter agreed term is valid. The right to request renewal, implicit r… - [Essential Guide to Demanding Renewal of a Commercial Lease](https://www.legalpost.app/guides/commercial-lease-renewal-rights): A tenant may demand renewal within the period described in the case studies, and the landlord generally cannot refuse without a ground specified by law. However, the outcome may vary depending on factors such as rent ar… - [Guide to the Return of a Commercial Lease Tenant’s Security Deposit](https://www.legalpost.app/guides/commercial-lease-deposit-return): Even after a commercial lease ends, outstanding tenant obligations—such as returning the premises and restoring them to their original condition—may affect the return of the security deposit. However, the entire deposit… - [Guide to Rights Under Bills and Checks and Claims for Payment](https://www.legalpost.app/guides/promissory-notes-checks-rights): Even if you receive a bill or check, you may lose your rights against endorsers and others if you miss the procedures for presentment for payment or recourse. If you received a bill as payment of an existing debt, you s… - [Commercial Insurance: A Guide to Insurance Claims, Exclusions, and Policy Termination](https://www.legalpost.app/guides/commercial-insurance-claims-coverage): Whether insurance benefits are payable depends not only on the circumstances of the incident but also on the type of insurance, the policy terms, compliance with the duty of disclosure, and the payment and notice proced… - [Guide to Company-Related Liability and Shareholder Rights](https://www.legalpost.app/guides/company-law-rights-liability): As a rule, a company and its shareholders, directors, and representative directors are separate legal persons, so a company’s debts cannot be claimed directly from an individual. However, liability and remedies may vary… - [General Commercial Matters: A Guide to Transactions, Agency, and Trade-Name Liability](https://www.legalpost.app/guides/commercial-law-general-guide): In commercial transactions, who bears contractual liability depends on factors such as the name used, the other party’s understanding, the scope of an agent’s authority, and whether the business was actually transferred… - [General Inheritance Guide: Basic Principles on Heirs and Inherited Property](https://www.legalpost.app/guides/inheritance-rights-and-estate): Heirs are determined by the statutory order of inheritance and family relationships, and the outcome may vary depending on specific circumstances, such as inheritance by representation, an unborn child, legal recognitio… - [Limited Acceptance and Renunciation of Inheritance: Deadlines and Effects](https://www.legalpost.app/guides/inheritance-limited-acceptance-renunciation): Renunciation of inheritance means that you do not inherit either property or debts, while limited acceptance means that you pay debts only up to the value of the property inherited. As a general rule, you must file with… - [Guide to Calculating Inheritance Shares and Dividing an Estate](https://www.legalpost.app/guides/inheritance-share-calculation-guide): If there is no will, statutory inheritance shares apply as a starting point, but the actual distribution may differ depending on the surviving spouse’s increased share, gifts or bequests made during the deceased’s lifet… - [Guide to the Forms and Legal Effect of Wills in Inheritance](https://www.legalpost.app/guides/inheritance-will-validity-rules): A will takes effect only if it satisfies the forms and requirements prescribed by law; even if it reflects the testator’s true intentions, it may be invalid if the required formalities are not met. Check in advance the … - [Division of an Estate: A Key Guide to Agreements and Court Decisions](https://www.legalpost.app/guides/inheritance-estate-division): To divide an estate by agreement, all coheirs must participate. If no agreement is reached, or an agreement cannot be made, an application for a judicial decision on the division of the estate may be filed with the fami… - [Standards and Calculation Methods for Claims to a Reserved Portion of an Estate](https://www.legalpost.app/guides/inheritance-forced-share-claims): A reserved portion is a legally guaranteed minimum share that allows a statutory heir to recover a minimum part of an inheritance when the heir receives little or none of it because of a bequest or gift. Whether a claim… - [Understanding the Order of Inheritance and Who Inherits](https://www.legalpost.app/guides/inheritance-legal-order-heirs): Inheritance passes in the following order: lineal descendants, lineal ascendants, siblings, and collateral relatives within the fourth degree. If there is an heir in a higher-priority tier, heirs in lower-priority tiers… - [General Damages: Key Issues in Claims and Assessment](https://www.legalpost.app/guides/general-damages-claims): Damages are calculated by considering the type of loss and how it occurred, the injured party’s negligence, the terms of any settlement, and whether insurance benefits or other payments have been received. Some issues r… - [Standards for and Liability in Other Damages Claims](https://www.legalpost.app/guides/other-damages-liability-claims): The fact that damage has occurred does not automatically establish the other party’s liability to pay compensation. The cause of the accident, the other party’s breach of duty, and the relationship between that breach a… - [Guide to Liability and Claims for Compensation for Automobile Accident Losses](https://www.legalpost.app/guides/car-accident-damages-liability): Liability for compensation for automobile accident losses is determined by considering the operator of the vehicle involved, the circumstances of the accident and the victim’s status, and the causal relationship between… - [Guide to State Compensation Claims: Requirements and Responsible Parties](https://www.legalpost.app/guides/state-compensation-liability-guide): If you suffer harm because of an official’s unlawful conduct in the performance of official duties or a defect in the installation or management of a public facility, you may claim compensation from the state or a local… - [Guide to Responding to Intellectual Property Infringement and Damages Claims](https://www.legalpost.app/guides/intellectual-property-infringement-remedies): Whether copyright, trademark, or patent rights have been infringed depends on the type of right, its scope of protection, and how the right was actually used. When alleging or responding to infringement, you should conf… - [Guide to Claims for Damages by Crime Victims](https://www.legalpost.app/guides/crime-victim-damages-guide): If you are harmed by a crime or other unlawful act, you may claim damages from the person responsible, including medical expenses, compensation for emotional distress, and lost income. Whether defamation occurred, the s… - [Guide to Recognition Criteria and Compensation for Work-Related Accidents](https://www.legalpost.app/guides/work-injury-compensation-guide): For an accident to be recognized as work-related, there must be a substantial causal relationship between the work and the injury, illness, disability, or death. The causal relationship does not have to be conclusively … - [Medical Malpractice Damages: Liability and Claim Standards](https://www.legalpost.app/guides/medical-malpractice-damages-guide): The mere occurrence of a medical injury does not establish that the hospital or healthcare provider is liable for damages. The specific circumstances must be examined, including whether there was a causal relationship b… - [Guide to Compensation for Illegal Private Lending and Voice Phishing](https://www.legalpost.app/guides/voice-phishing-damages-liability): Providing a bankbook or personal information used in voice phishing does not always mean that you must compensate victims for the entire amount of their losses. Liability is assessed by considering the circumstances at … - [Guide to Claims for Compensation for Consumer Harm](https://www.legalpost.app/guides/consumer-product-advertising-damages): To obtain compensation for consumer harm, you must prove the facts required for the issues involved, such as whether an advertisement was false, whether a product was defective, and whether there was a causal link betwe… - [Guide to Compensation for Damage Caused by Pollution](https://www.legalpost.app/guides/environmental-pollution-damages): The mere fact that pollution or noise occurred does not establish liability for compensation. The matter is assessed by considering the extent of the damage, causation, and other factors as a whole. However, a party res… - [When Does a Housing Lease Become Effective Against Third Parties, and How Is That Protection Maintained?](https://www.legalpost.app/guides/housing-lease-opposability): A housing tenant may assert the lease against third parties starting the day after taking delivery of the home and completing resident registration. However, the registered address must identify the leased home, and the… - [Priority Repayment Rights under Residential Leases: Requirements and Distribution Ranking](https://www.legalpost.app/guides/housing-lease-priority-payment): A tenant under a residential lease who has taken possession of the dwelling, completed resident registration, and obtained a fixed date on the lease agreement has a right to receive repayment of the deposit ahead of jun… - [Essential Guide to Other Residential Lease Issues](https://www.legalpost.app/guides/housing-lease-other-issues): In residential leases, changes in the landlord’s status or the assignment or subletting of a leasehold right may affect opposability and the return of the deposit. Since the scope of rights and liability varies dependin… - [Small-Deposit Tenants’ Right to First-Priority Payment: Requirements and Distribution Process](https://www.legalpost.app/guides/small-tenant-priority-repayment): If small-deposit tenants meet the prescribed requirements, they may receive repayment of a specified portion of their deposit ahead of holders of senior-ranking security rights. The applicable deposit thresholds and rep… - [Guide to Housing Lease Terms and Implicit Renewal](https://www.legalpost.app/guides/housing-lease-term-renewal): Even if a housing lease term is set at less than two years, the tenant may assert the shorter agreed term, while an implicitly renewed lease generally continues for two years. After implicit renewal, the tenant may give… - [Scope of the Housing Lease Protection Act: When Are You Protected?](https://www.legalpost.app/guides/housing-lease-coverage-scope): Whether the Housing Lease Protection Act applies is not determined solely by the designation in the building register or land registry. It is determined by considering, among other things, the building’s structure and a… - [Guide to Applying for an Order for Registration of a Residential Leasehold Right and Its Effects](https://www.legalpost.app/guides/housing-lease-registration-order): If your lease has ended but your deposit has not been returned, you may apply for an order for registration of a leasehold right and move out after the registration is completed. Any opposability against third parties a… - [Guide to the Maintenance and Repair of Rented Housing](https://www.legalpost.app/guides/rental-home-repair-duties): As a general rule, the landlord must keep the home in a condition that allows the tenant to use and enjoy it for the purpose of the lease, and must make the repairs necessary to do so. The scope of repairs and responsib… - [Guide to Changes in Housing Lease Deposits and Rent](https://www.legalpost.app/guides/housing-lease-rent-adjustments): To increase or reduce a deposit or rent during a housing lease, you must consider the statutory requirements, including changed circumstances, and the limit on increases. The rules on increases may differ depending on w… - [Creditors’ Right of Revocation: Revoking Fraudulent Acts and Methods of Restoration](https://www.legalpost.app/guides/creditor-revocation-right-guide): If a debtor disposes of property, leaving insufficient common security for general creditors, and the debtor knew of the circumstances, a creditor may seek revocation of the fraudulent act and restoration from the benef… - [Guide to Extinguishing Claims: Deposits for Performance, Setoff, and Subrogation](https://www.legalpost.app/guides/debt-extinguishment-deposit-setoff): A debt may be extinguished through a lawful deposit for performance or setoff, among other means, but the grounds and amount of the deposit and the requirements for setoff must be satisfied. Care is required when collec… - [Guide to Joint and Several Debts, Guarantee Obligations, and Rights of Contribution](https://www.legalpost.app/guides/joint-debt-guarantee-liability): Joint and several debts and guarantee obligations require consideration not only of liability to the creditor but also of the debtors’ respective shares of liability and rights of contribution among themselves. The scop… - [Guide to Claim Assignments: Effect and Requirements for Asserting Them](https://www.legalpost.app/guides/assignment-of-claims-guide): A claim is assigned by agreement between the assignor and the assignee, but requirements such as notice or consent must be met to assert the right against the debtor or another assignee. The outcome may vary depending o… - [Guide to the Requirements and Effects of Exercising a Creditor’s Right of Subrogation](https://www.legalpost.app/guides/creditor-subrogation-right-guide): A creditor’s right of subrogation allows a creditor to exercise, on the debtor’s behalf, a right the debtor has against a third party in order to preserve the creditor’s own claim. The creditor must have a claim to pres… - [Essential Guide to Claims for Restitution of Unjust Enrichment](https://www.legalpost.app/guides/unjust-enrichment-claims-guide): To establish a claim for restitution of unjust enrichment, it is important to determine whether the other party obtained a benefit without legal cause and whether that resulted in loss to the claimant. However, whether … - [Guide to Types of Debt Assumption and Creditor Claims](https://www.legalpost.app/guides/debt-assumption-types-effects): Debt assumption is divided into an exemptive assumption, in which the original debtor is released from the debt; a cumulative assumption, in which the original debtor and the assuming party are both liable; and a perfor… - [Key Principles and Precautions Regarding Other Claims](https://www.legalpost.app/guides/other-claims-debt-rules): For other claims, the terms of the contract and the nature of the obligation determine matters such as interest on restitution, damages for delay, several liability, and impossibility of performance. Circumstances affec… - [Guide to the Formation, Nullity, and Annulment of Marriage](https://www.legalpost.app/guides/marriage-validity-nullity-annulment): A marriage is formed when the parties agree to enter into a legal marriage and register it as required by law. If there was no intention to marry when the marriage was registered, it may be void. Even where grounds for … - [Guide to the Requirements and Procedure for Claims for Division of Property Upon Divorce](https://www.legalpost.app/guides/divorce-property-division-claims): Division of property upon divorce is a process for liquidating the couple’s jointly accumulated property in substance; whether property is divided is not determined solely by whose name it is in. Various circumstances a… - [A Guide to Claiming and Changing Child Support and Securing Payment](https://www.legalpost.app/guides/child-support-rights-enforcement): Parents have a duty to support their minor children, and child support set at the time of divorce may also be changed depending on the child’s welfare and the parents’ circumstances. It may also be possible to claim pas… - [Essential Guide to Adoption, Termination, and Full Adoption](https://www.legalpost.app/guides/adoption-parentage-dissolution-guide): Adoption creates a legal relationship different from that of a biological parent and child. The intent to adopt, the statutory requirements, and the actual caregiving relationship matter more than form alone. Full adopt… - [Guide to Grounds and Procedures for Judicial Divorce](https://www.legalpost.app/guides/judicial-divorce-grounds-procedure): A judicial divorce requires grounds prescribed by law. The court considers the specific circumstances, including the causes and extent of the marital breakdown, the possibility of reconciliation, and each party’s respon… - [Guide to the Appointment, Powers, Change, and Termination of Guardians](https://www.legalpost.app/guides/minor-adult-guardianship-guide): Minor and adult guardians are not appointed automatically merely because they are relatives. Their appointment is decided by the court, with the ward’s welfare at the center of its consideration. A guardian’s powers to … - [A Guide to Exercising and Changing Parental Authority and Managing a Child’s Property](https://www.legalpost.app/guides/parental-authority-child-welfare): Parental authority is both a right and a duty to protect and raise a child and manage the child’s property, and it must be exercised with the child’s welfare as the guiding consideration. Disagreements between parents, … - [Guide to Divorce by Agreement: Procedure, Withdrawal, Children, and Division of Property](https://www.legalpost.app/guides/mutual-consent-divorce-guide): A divorce by agreement is not completed merely because the spouses agree to divorce; it takes effect only after confirmation of their intentions by the court and registration of the divorce. If there are minor children,… - [Guide to Parent-Child Relationships, the Presumption of Paternity, and Legal Actions](https://www.legalpost.app/guides/parentage-status-and-disputes): A child born during a marriage may be presumed to be the husband's biological child regardless of the actual biological relationship. As a rule, anyone challenging this presumption must file an action to deny paternity.… - [Guide to the Duty of Support Among Relatives and Claims for Support Payments](https://www.legalpost.app/guides/family-support-obligations-claims): Who has a duty to provide support, and the conditions under which that duty is recognized, depend on the relationship and the parties' living circumstances. This guide examines the standards for issues such as support f… - [Guide to Damages and the Return of Engagement Gifts When an Engagement Is Ended](https://www.legalpost.app/guides/engagement-breakup-rights-and-property): An engagement is formed by an agreement between parties who intend to marry, and that agreement may also be implied. An engagement can be ended, but doing so without just cause or where the breakdown is attributable to … - [Recognition of Paternity and Related Matters: A Guide to Claims by Children Born Out of Wedlock and Family Relations Registration](https://www.legalpost.app/guides/parentage-recognition-claims): For a child born out of wedlock, a legal parent-child relationship with the biological father does not arise automatically at birth. A report of recognition by the biological father or a final judgment in an action for … - [Grounds for Claiming Damages for Emotional Distress in Divorce and Key Considerations](https://www.legalpost.app/guides/divorce-alimony-claims-guide): In a divorce, damages for emotional distress are compensation for emotional harm claimed from the person responsible for the breakdown of the marriage; they are separate from division of property. Whether a claim can be… - [Administrative Guide to Tax Matters: Taxation, Appeals, and Refunds](https://www.legalpost.app/guides/tax-assessment-appeals-refunds): In tax disputes, it is necessary to examine who substantively owns the income or property and the grounds for taxation. When challenging a tax disposition, the prescribed procedures and time limits must be followed. Who… - [Guide to Real Estate Administration and Public Works Compensation](https://www.legalpost.app/guides/public-project-land-compensation): If your land or building is included in a public works project, or you are subject to an administrative disposition relating to development or construction, you should separately check who is entitled to compensation, w… - [General Administrative Litigation: Guide to Subject Matter and Filing Deadlines](https://www.legalpost.app/guides/administrative-litigation-remedies): Before bringing an administrative lawsuit, you should first determine whether the act you wish to challenge is a disposition subject to appeal litigation and whether you have a legally protected interest. As a general r… - [Guide to Traffic-Related Administrative Disposition Standards and Challenges](https://www.legalpost.app/guides/traffic-administrative-decisions): Administrative dispositions concerning drunk-driving license revocation, private taxi business licenses, and traffic accidents are assessed based on specific circumstances, including where and how the conduct occurred, … - [Building-Related Administration: Permits, Corrective Orders, and How to Challenge Them](https://www.legalpost.app/guides/building-permit-administrative-guide): Whether a building permit or corrective order can be challenged depends on whether the decision affects a legally protected interest and whether statutory requirements have been violated. The outcome is not determined s… - [Guide to Responding to Business-Related Administrative Permits and Dispositions](https://www.legalpost.app/guides/business-permits-enforcement-challenges): Business permits and notices, succession to an operator’s status, and business suspensions or license revocations are assessed under the laws applicable to each industry and in light of the actual form of the business. … - [Time Limits, Procedures, and Remedies for Administrative Appeals](https://www.legalpost.app/guides/administrative-appeal-guide): As a general rule, an administrative appeal must be filed within 90 days from the date you became aware of the disposition and within 180 days from the date the disposition was made. It is important to check in advance … - [Administrative Decisions Concerning Persons of Distinguished Service to the State: Registration and How to Challenge a Decision](https://www.legalpost.app/guides/veterans-benefits-administrative-guide): Whether a person is registered as a person of distinguished service to the State depends on several requirements, including the relationship between the injury and the performance of duties, the applicable laws and regu… - [Guide to the Requirements and Procedure for Filing a Constitutional Complaint](https://www.legalpost.app/guides/constitutional-complaint-admissibility): A constitutional complaint may be filed when the exercise or non-exercise of public authority infringes your fundamental rights under the Constitution, but it must satisfy requirements such as the infringement being cur… - [Guide to Constitutional Complaints under Article 68(2) of the Constitutional Court Act (헌법재판소법 제68조 제2항)](https://www.legalpost.app/guides/constitutional-complaint-referral-denial): If you believe that a statutory provision applicable to your trial is contrary to the Constitution, you may consider applying to the court during the trial to refer the provision for constitutional review and, if the ap… - [Guide to the Procedure and Requirements for Constitutional Review of Statutes](https://www.legalpost.app/guides/constitutional-review-laws): Constitutional review of statutes is a procedure in which a court refers a statute to the Constitutional Court for review when its constitutionality is in question in a case to which it applies. A party may apply to the… - [Guide to Other Constitutional Issues and Constitutional Court Proceedings](https://www.legalpost.app/guides/constitutional-review-remedies-and-procedures): This guide outlines the basics of retrials and criminal compensation following rulings of unconstitutionality, the parties and deadlines for jurisdictional dispute proceedings, and constitutional court procedures such a… - [Other Crimes under the Criminal Act: Elements and Points to Note](https://www.legalpost.app/guides/criminal-offenses-general-guide): Whether other crimes are established depends not only on the nature of the conduct but also on specific circumstances, such as its purpose, whether it was repeated, access privileges, and duties to protect or assist. Pu… - [Violations of the Act on Special Cases Concerning the Settlement of Traffic Accidents: Punishment and Exceptions](https://www.legalpost.app/guides/traffic-accident-special-act-guide): If a person is injured in a traffic accident, the offender cannot always avoid criminal punishment merely because the victim does not wish to press charges or the offender has insurance. Whether an exception applies—suc… - [Crimes of Embezzlement and Breach of Trust: Elements and Case Examples](https://www.legalpost.app/guides/embezzlement-breach-trust-guide): Embezzlement may arise when a person entrusted with another’s property disposes of it as if it were their own or refuses to return it. Breach of trust may arise when a person handling another’s affairs violates their du… - [Requirements for Criminal Liability and Standards for Punishment under the Criminal Act](https://www.legalpost.app/guides/criminal-offense-elements-liability): Whether a crime has been committed is determined by examining whether the conduct constitutes a crime under the law, whether its unlawfulness is precluded, and whether the person can be held responsible. The mere fact t… - [When Are Crimes Relating to Documents Established Under the Criminal Act?](https://www.legalpost.app/guides/criminal-document-offenses-guide): Whether a crime relating to documents has been committed is not determined solely by whether the content is untrue. It is necessary to consider together the authority to prepare the document and its form, the evidentiar… - [Guide to Types of Criminal Punishment and Sentence Reduction and Enforcement](https://www.legalpost.app/guides/criminal-penalties-and-sentencing): Punishments include the death penalty, imprisonment with labor, imprisonment without labor, punishments affecting qualifications, and property-related punishments. The type and term of punishment, as well as how it is e… - [Fraud and Extortion: Elements and Examples](https://www.legalpost.app/guides/fraud-extortion-criminal-guide): The key issue in fraud is whether deception caused another person to act under a mistake, leading to the acquisition of property or a property benefit; merely being unable to repay money does not immediately establish f… - [When Are Theft and Robbery Offenses Established, and How Are They Assessed?](https://www.legalpost.app/guides/theft-robbery-criminal-liability): The key issues in theft are whether property possessed by another person was taken against the possessor’s will and whether there was an intent to unlawfully appropriate it. For robbery and quasi-robbery, the purpose of… - [Guide to the Elements and Key Issues of Offenses Involving Obstruction of Official Duties](https://www.legalpost.app/guides/public-duty-obstruction-crimes): Obstruction of the performance of official duties may be established when a public official is assaulted or intimidated while lawfully performing official duties. Whether obstruction of official duties by fraudulent mea… - [Offenses under the Road Traffic Act: Alcohol, Unlicensed Driving, and Post-Accident Duties](https://www.legalpost.app/guides/road-traffic-offense-guide): Whether a violation of the Road Traffic Act has occurred depends on factors such as the circumstances of an alcohol test, the situation at the time of driving, measures taken after an accident, and the driver’s license … - [Guide to the Crimes of Rape and Indecent Acts under the Criminal Act](https://www.legalpost.app/guides/rape-sexual-assault-offenses): Whether rape, indecent assault by compulsion, quasi-rape, or a related offense under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes has been committed depends on the manner of the conduct, the… - [Essential Guide to Suspension of Pronouncement, Suspended Execution, and Parole](https://www.legalpost.app/guides/suspended-sentencing-parole-guide): A suspension of pronouncement defers the pronouncement of a sentence, while a suspension of execution defers execution of a sentence that has been pronounced for a specified period. Parole is the conditional release, be… - [Guide to Offenses Under the Improper Check Control Act (부정수표단속법 위반죄)](https://www.legalpost.app/guides/dishonored-check-criminal-liability): The fact that a check was dishonored does not by itself give rise to criminal liability. It is necessary to consider whether the issuer foresaw nonpayment when issuing the check, whether the reason for nonpayment is one… - [Crimes Against Reputation: A Guide to Defamation and Criminal Insult](https://www.legalpost.app/guides/defamation-insult-criminal-law): The key issue in criminal defamation is whether specific facts that could lower a particular person’s social standing were disclosed publicly; in criminal insult, it is whether contemptuous language was used without ass… - [Guide to Bodily Injury, Assault, and Self-Defense under the Criminal Act](https://www.legalpost.app/guides/assault-injury-criminal-law-guide): Assault is the use of physical force against a person, while bodily injury involves harm to the person’s physical functions or health. The offense charged may vary depending on the severity of the injury, the causal con… - [Requirements for Murder and Attempted and Preparatory Offenses](https://www.legalpost.app/guides/murder-crime-elements-attempt-liability): Murder is not established merely by the fact that the victim died; the prosecution must prove intent to kill and a causal link between the conduct and the death. It may be established by circumstantial evidence even whe… - [Requirements for the Crime of False Accusation and Whether It Is Punishable](https://www.legalpost.app/guides/false-accusation-crime-guide): The crime of false accusation may be established when a person reports information contrary to objective facts to a public office or public official with the purpose of causing another person to face criminal punishment… - [A Practical Guide to Offenses Under the Act on the Aggravated Punishment, etc. of Specific Crimes](https://www.legalpost.app/guides/specific-crimes-aggravated-penalties): The Act on the Aggravated Punishment, etc. of Specific Crimes provides for aggravated punishment for certain offenses, including bribery, fleeing after a traffic accident, assaulting a driver, and dangerous driving. Whe… - [Requirements for Trespass to a Residence and Key Cases](https://www.legalpost.app/guides/criminal-trespass-residence-guide): Whether the crime of trespass to a residence is established depends primarily on whether the peace and security enjoyed by the actual resident have been disturbed, rather than on whether the person in possession has a l… - [Key Guide to Offenses Under the Act on the Punishment of Acts of Violence, etc.](https://www.legalpost.app/guides/violent-crime-law-guide): Punishment relating to the Act on the Punishment of Acts of Violence, etc. depends on specific circumstances, including whether a dangerous object was carried, whether the offense was committed jointly, whether the cond… - [Key Guide to Crimes Relating to Credit, Business, and Auctions](https://www.legalpost.app/guides/credit-business-auction-crimes): According to the cases provided, the offense of damaging credit may be at issue when false facts or a deceptive scheme damages public trust in another person’s ability or willingness to pay. Obstruction of business requ… - [When Are Crimes Concerning Gambling and Lottery Tickets Punishable?](https://www.legalpost.app/guides/gambling-lottery-crimes-guide): If a person stakes money or other property benefits on a contest whose outcome cannot be predicted with certainty or controlled, the offense of gambling may be established even if athletic skill affects the result. Whet… - [How far does criminal liability extend for offenses related to public officials’ duties?](https://www.legalpost.app/guides/public-official-duty-crimes): A public official’s duties are not limited to the tasks currently assigned to them, and benefits—whether pecuniary or non-pecuniary—received in connection with those duties may constitute bribes. However, dereliction of… - [Guide to the Elements and Penalties for Offenses Involving Stolen Property](https://www.legalpost.app/guides/criminal-law-stolen-property-offenses): Offenses involving stolen property may arise when a person acquires, transfers, transports, or conceals property obtained through a property crime, or arranges for any of these acts. Whether and when the person knew the… - [When does negligence causing death or injury give rise to criminal liability?](https://www.legalpost.app/guides/criminal-negligence-injury-death): A person does not automatically incur criminal liability just because someone was injured or died as a result of negligence. The specific circumstances are examined to determine whether the person had a duty of care to … - [Criminal Offenses Against Sexual Morals: Standards for Obscene Conduct and Material](https://www.legalpost.app/guides/criminal-sexual-morality-offenses): Whether obscene material or bodily exposure is punishable depends on the content and manner of the expression, the scope of its exposure to the public, and the circumstances. In particular, obscenity, public accessibili… - [Guide to the Admissibility of Evidence and Trial Procedure in Criminal Cases](https://www.legalpost.app/guides/criminal-evidence-procedure): Whether evidence may be used in a criminal trial depends on how it was collected and prepared, and on whether there was an opportunity to challenge the statements and contents in court. As a general rule, unlawfully col… - [Guide to Criminal Complaints and Accusations, Withdrawal, and Procedures](https://www.legalpost.app/guides/criminal-complaints-and-reports): A complaint is a victim’s or another person’s notification to an investigative authority of alleged criminal conduct, together with a request for punishment. An accusation may also be made by someone who is not entitled… - [How Should You Respond to Arrest, Detention, Release, and Bail?](https://www.legalpost.app/guides/arrest-detention-release-bail): A suspect in custody may request a review of the legality of the arrest and detention during the investigation stage, while an indicted defendant may apply for bail. Whether release is granted and what conditions apply … - [Execution of Criminal Judgments: Guide to Fines, Sentence Terms, and Confiscation](https://www.legalpost.app/guides/criminal-judgment-execution-guide): This guide summarizes the standards for dealing with key issues that arise after a judgment becomes final, such as paying fines in installments or substituting community service, suspension of sentence execution, and ca… - [Guide to Decisions Not to Prosecute in Criminal Proceedings and How to Challenge Them](https://www.legalpost.app/guides/criminal-nonprosecution-review): A decision not to prosecute is a disposition in which a prosecutor does not refer a case for trial. It includes several types, such as no suspicion, suspension of indictment, and no right to prosecute. The available met… - [A Guide to Procedures and Responses in Juvenile and Domestic Violence Cases](https://www.legalpost.app/guides/juvenile-family-protection-cases): Juvenile and domestic violence cases follow procedures that differ from ordinary criminal trials, and protective dispositions may be imposed instead of criminal penalties. The effects of protective dispositions, how to … - [Guide to Appeals in Criminal Cases: Appeal and Further Appeal Procedures and Key Considerations](https://www.legalpost.app/guides/criminal-appeal-review-guide): To challenge a criminal judgment, you must comply with the deadlines and filing requirements for an appeal or further appeal, as well as the deadline for submitting a statement of grounds for appeal. Whether the sentenc… - [Guide to Criminal Retrials and Formal Trials Against Summary Orders](https://www.legalpost.app/guides/criminal-retrial-summary-trial): To challenge a summary order, you must generally request a formal trial within 7 days from the day you are notified of it. If you miss the deadline, you should consider whether the delay was due to a reason not attribut… - [Other Criminal Procedure: Victims’ Rights and Compensation](https://www.legalpost.app/guides/criminal-procedure-victim-remedies): During a criminal trial, a victim may apply for a compensation order for direct losses, medical expenses, emotional distress, and other damages arising from certain crimes. A person who dies or sustains a disability or … ## Latest articles - [이화영 석방 요구가 던진 쟁점: 정치적 압박과 재판 절차는 별개다](https://www.legalpost.app/articles/the-issues-raised-by-calls-to-release-lee-hwa-young-political-pressure-and-trial-1791720069097): 보도는 이화영 전 경기부지사 측이 석방과 정진상·김용과의 형평성을 요구하며 이재명 대통령을 압박하고 있다고 전했습니다. 그러나 현재 수감 상태와 대통령·여권의 입장, 진술 번복이 재판에서 어떤 의미를 갖는지는 기사만으로 확인되지 않습니다. - [영국서 붙잡힌 살인미수 혐의자…이제 남은 쟁점은 국내 송환](https://www.legalpost.app/articles/suspect-in-attempted-murder-arrested-in-uk-extradition-to-south-korea-is-the-nex-1791711030117): 서울의 한 대학교에서 지인 여성을 흉기로 찌른 뒤 해외로 도주한 30대 영국 국적 남성이 영국에서 검거됐다. 경찰은 범죄인 인도를 통한 국내 송환을 추진하겠다고 밝혔지만, 송환 시점과 이후 수사 절차는 아직 공개되지 않았다. - [집행은 멈췄지만 사형수는 남아 있다…42명 인터뷰가 던진 질문](https://www.legalpost.app/articles/executions-have-stopped-but-death-row-inmates-remain-42-interviews-raise-questio-1791690639928): 한국에서는 1997년 12월 30일 이후 사형이 집행되지 않았지만, 사형수 56명이 남아 있다. 이들을 인터뷰한 연구자의 설명은 사형제의 존폐뿐 아니라 형벌과 사법 정의의 의미를 돌아보게 한다. - [오염을 만든 적 없어도 정화해야 할까: 주유소 주인의 재산권과 토양 책임](https://www.legalpost.app/articles/when-the-ground-is-polluted-can-the-landowner-be-made-to-pay-1791687711380): 김서연은 땅을 오염시킨 적이 없다고 믿었지만, 과거 임차인이 사용한 부지의 오염을 조사하고 정화하라는 명령을 받습니다. 한국 헌법재판소는 토지소유자에게 책임을 지우는 제도가 재산권을 침해하는지, 어떤 공익과 안전장치를 고려해야 하는지 판단했습니다. - [학교 땅을 팔려면 허가부터? 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신청을 하지 않은 조항까지 다툴 수 있는지와 함께, 절차의 문턱을 가르는 기준을 살펴봅니다. - [소송이 끝난 뒤에도 헌법소원은 살아남을까](https://www.legalpost.app/articles/the-case-ended-did-the-constitutional-challenge-end-with-it-1791664987159): 김서윤은 법률 조항의 위헌 여부를 다투던 소송에서 패소한 뒤, 헌법재판소의 판단을 기다리게 됐습니다. 본안 재판이 먼저 확정됐다는 이유만으로 위헌심사형 헌법소원까지 문을 닫는 것은 아닙니다. - [통지를 놓친 뒤 30일: 헌법소원에도 되돌릴 수 없는 시간이 있다](https://www.legalpost.app/articles/the-thirty-first-day-when-a-constitutional-challenge-arrives-too-late-1791664960805): 재판 중인 법률이 위헌이라고 믿은 김서연 씨는 위헌법률심판 제청신청이 기각되자 헌법소원을 준비했습니다. 그러나 통지를 받은 뒤 30일이 지나면, 피할 수 없는 사정이 있었다 해도 문이 다시 열리지 않을 수 있습니다. - [성수동 주요 거리에 대형 프랜차이즈 제한 확대…상권의 개성 지킬 수 있을까](https://www.legalpost.app/articles/restrictions-on-large-franchises-to-expand-to-major-seongsu-dong-streets-can-the-1791649570075): 성동구가 12월부터 성수동의 주요 도로로 대기업 계열 메가체인과 대형 프랜차이즈 신규 입점 제한을 확대할 예정이다. 급격한 상업화 속에서 지역 상권의 구성을 지키려는 조치지만, 적용 기준과 경계 등 구체적인 내용은 보도에 제시되지 않았다. - [장례를 맡을 길은 열렸지만, 마지막 절차의 벽은 남았다](https://www.legalpost.app/articles/the-path-to-taking-charge-of-a-funeral-has-opened-but-barriers-to-the-final-step-1791611771084): 가족이 아닌 지인도 장례주관자가 될 수 있도록 제도가 바뀌었지만, 사망진단서 발급과 장례비 마련, 공영장례 예산에는 여전히 장벽이 남아 있다. 이 장벽은 고인의 마지막뿐 아니라 남은 이들이 애도하는 방식에도 영향을 줄 수 있다. - [안전 연구자 해고가 남긴 질문…OpenAI의 ‘안전 우려 제기’는 안전한가](https://www.legalpost.app/articles/questions-left-by-the-firing-of-safety-researchers-is-it-safe-to-raise-safety-co-1791611739164): OpenAI에서 해고된 안전 연구자 세 명은 민감 정보 취급 위반과 유출 관여 주장을 부인하며, 해고를 둘러싼 소통이 동료들의 발언과 업무를 위축시킨다고 주장했습니다. 회사는 반복적인 정책 위반이 있었다고 밝혔지만, 어떤 정책과 근거였는지는 공개하지 않았습니다. - [헌법소원에서 ‘합헌’은 만장일치가 아니다](https://www.legalpost.app/articles/when-a-constitutional-challenge-falls-short-what-upheld-really-means-in-korea-1791597641431): 법률이 위헌이라는 의견이 나왔더라도, 헌법재판관 6명의 찬성에 이르지 못하면 결론은 합헌이 될 수 있습니다. 김서윤의 헌법소원을 통해 그 이유와 ‘합헌적 해석’의 의미를 살펴봅니다. - [국가도 법률의 위헌을 다툴 수 있을까: 행정청이 헌법재판소 문을 두드린 날](https://www.legalpost.app/articles/can-the-government-challenge-a-law-in-koreas-constitutional-court-1791591221919): 구청이 내린 처분의 근거가 된 법률이 위헌이라고 의심된다면, 그 처분을 내린 행정청도 헌법재판소에 판단을 구할 수 있을까요? 기본권을 주장하는 헌법소원과 재판의 전제가 된 법률을 다투는 헌법소원은 문턱이 다릅니다. - [재판이 끝난 뒤 내려진 위헌결정, 다시 문을 열 수 있을까](https://www.legalpost.app/articles/the-case-that-ended-before-the-court-spoke-1791591198757): 강민서는 헌법소원을 냈지만, 결론을 기다리기도 전에 자신이 진 소송이 확정됐습니다. 뒤늦게 법률이 위헌이라는 결정이 나오면 구제받을 수 있을까요? - [한 조항만 다퉜는데 법 전체가 심판대에 오른 이유](https://www.legalpost.app/articles/when-one-unconstitutional-tax-rule-can-bring-down-an-entire-law-1791591161366): 토지초과이득세를 다투던 김민지는 세법의 일부 조항만 문제 삼았습니다. 하지만 그 조항이 세금 제도의 핵심이라면 헌법재판소의 판단 범위는 법률 전체로 넓어질 수 있습니다. - [헌재가 먼저 법을 무효로 했다면, 내 헌법소원은 끝난 걸까?](https://www.legalpost.app/articles/when-the-law-has-already-fallen-why-a-constitutional-challenge-may-still-need-a--1791533200119): 김서윤 씨가 헌법소원을 진행하던 중, 문제의 법률조항이 다른 사건에서 이미 위헌으로 결정됐습니다. 이때 헌법재판소가 사건을 각하해야 하는지, 아니면 위헌 결정을 내려야 하는지 살펴봅니다. - [헌법재판소는 언제 법률에 위헌 딱지를 붙일까](https://www.legalpost.app/articles/when-six-judges-say-a-law-must-give-way-1791529238832): 법원에서 위헌법률심판 제청 신청이 받아들여지지 않자 김미래 씨는 헌법재판소의 문을 두드렸습니다. 법률이 위헌이라는 결론은 몇 명의 재판관이 내려야 하며, 법 조항 일부만 효력을 잃게 할 수도 있을까요? - [교사 웰빙과 학생 성과, 함께 움직였지만 인과관계는 미확인](https://www.legalpost.app/articles/teacher-well-being-and-student-outcomes-moved-together-but-causation-remains-unc-1791525071081): 33개국 186개 연구를 종합한 분석에서 교사 웰빙은 학생의 학습 동기와 학업성취도가 높은 것과 연관됐다. 다만 상관관계를 보여준 연구이므로 교사 웰빙을 개선하면 학생 성과가 올라간다고 단정할 수는 없다. - [법률이 위헌이라면 곧바로 사라질까? 헌재의 ‘변형결정’ 네 가지](https://www.legalpost.app/articles/when-unconstitutional-is-not-the-whole-answer-1791505905280): 법률 조항이 자신의 재판에 적용된다고 여긴 박민서는 헌법재판소에 헌법소원을 냈습니다. 그러나 헌법재판소의 답은 단순히 ‘합헌’이나 ‘위헌’ 두 갈래뿐이 아닙니다. - [법을 없애면 모두가 손해를 볼 때, 헌법재판소가 택하는 길](https://www.legalpost.app/articles/when-striking-down-a-law-could-make-things-worse-1791505871891): 비슷한 처지인데도 한쪽만 지원금을 받는다면, 배제된 사람은 법을 무효로 만들어 달라고 요구할 수 있을까요? 헌법재판소의 헌법불합치결정은 위헌을 확인하면서도, 성급한 무효화가 낳을 혼란을 피하려는 선택이 될 수 있습니다. - [위헌 결정이 났는데도 철거명령은 살아 있을까](https://www.legalpost.app/articles/when-an-unconstitutional-law-still-binds-the-fate-of-an-administrative-order-1791505839108): 오래된 철거명령의 근거 법률이 위헌으로 결정됐다고 해서 명령이 저절로 사라지는 것은 아닙니다. 다만 처분의 하자가 얼마나 중대하고 분명한지, 그리고 아직 후속 집행이 남아 있는지에 따라 늦게라도 다툴 길이 열릴 수 있습니다. - [헌법재판소의 답은 ‘합헌’과 ‘위헌’ 사이에도 있다](https://www.legalpost.app/articles/when-constitutional-or-unconstitutional-is-not-enough-1791505472616): 김서연 씨는 법률 조항이 자신에게 불리하다며 헌법소원을 냈지만, 헌법재판소의 답은 단순한 합헌이나 위헌이 아니었습니다. 법의 효력을 당장 없애지 않으면서도 헌법에 맞게 고치라고 요구하는 결정이 무엇을 뜻하는지 살펴봅니다. - [재판을 멈춰 세우는 질문: 법률이 헌법에 어긋난다면](https://www.legalpost.app/articles/when-a-trial-puts-a-law-on-trial-how-koreas-constitutional-review-works-1791424168594): 상가 임대차 분쟁에 휘말린 김서윤은 자신에게 적용될 법 조항이 헌법에 어긋난다고 믿고 법원에 심판을 요청합니다. 하지만 법원이 그 요청을 받아들이지 않는다면, 사건은 어떻게 되고 다음 선택지는 무엇일까요? - [위헌 주장은 언제 재판을 멈춰 세우는가](https://www.legalpost.app/articles/a-constitutional-challenge-needs-a-live-caseand-the-right-law-1791424140419): 영업정지 처분에 불복한 카페 주인 서윤은 처분의 근거가 된 법률이 위헌이라며 헌법재판을 신청해 달라고 요구합니다. 그러나 법률이 헌법에 어긋난다는 주장만으로는 부족합니다. 그 법률의 위헌 여부가 지금 진행 중인 재판의 결론을 실제로 바꿀 수 있어야 합니다. - [항고심에서 놓친 위헌심판의 문, 대법원에서 다시 두드릴 수 있을까](https://www.legalpost.app/articles/a-second-try-at-the-supreme-court-can-close-the-constitutional-door-1791424114357): 박서윤은 항고심에서 위헌법률심판 제청 신청이 기각됐지만, 그때 헌법소원은 청구하지 않았습니다. 재항고심에서 같은 주장을 되풀이한 뒤 헌법소원을 낼 수 있을까요? - [헌재는 위헌이라는데 법원은 따라야 할까: ‘한정위헌’의 기속력을 둘러싼 충돌](https://www.legalpost.app/articles/when-a-constitutional-ruling-meets-a-courtroom-is-a-limited-decision-binding-1791420878268): 세무 분쟁 중 헌법소원을 낸 김서연 씨는 문제 된 법 조항에 ‘한정위헌’ 결정이 내려지자 사건이 끝날 것으로 기대했습니다. 그러나 대법원과 헌법재판소는 그 결정이 법원을 구속하는지를 두고 서로 다른 법리를 제시해 왔습니다. - [법 조문은 남아 있어도, 금지된 해석은 다시 쓸 수 없다](https://www.legalpost.app/articles/the-law-still-on-the-booksbut-not-in-the-meaning-the-court-rejected-1791420155226): 서윤은 헌법재판소에서 법 조항의 특정 해석이 위헌이라는 결정을 받았지만, 조문 자체는 법전에 그대로 남아 있었습니다. 그렇다면 재판을 맡은 법원은 그 조항을 어디까지 적용할 수 있을까요?