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South Korea Legal Questions answered by Lawyers

Browse our 13 legal questions in South Korea and read the lawyer answers, or ask your own questions for free.

Can my Korean employer enforce an excessive penalty clause in my service contract if I terminate before the one-year mark?
Employment & Labor Contract
I signed an independent contractor agreement to provide translation and tutoring services in Seoul, which includes a clause stating I must pay 5 million KRW if I quit before 12 months. Due to chronic late payments, I want to cancel the contract, but the agency is threatening to withhold my... Read more →
Lawyer answer by LAWFIRMUS

Dear Sir/Madam, First, we would need to review your independent contractor agreement, particularly the clause requiring you to pay KRW 5 million if you terminate the contract before completing one year. The enforceability of this clause will depend on the...

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1 answer
Can customs retroactively charge tariffs if an overseas supplier fails an FTA certificate of origin verification?
Tax International Trade Law
We imported specialized industrial components from Europe into South Korea utilizing preferential tariff rates under a free trade agreement. Customs authorities are now auditing our past shipments and threatening retroactive tariffs plus fines because the foreign vendor refuses to submit their proprietary cost breakdown. Can our company be held financially... Read more →
Lawyer answer by mohammad mehdi ghanbari

In South Korea, the importer of record is generally liable for customs duties that become payable if preferential FTA treatment is later denied. The supplier’s refusal to provide proprietary cost or origin documentation will not, by itself, relieve the importer...

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How do I properly send a certified content letter in South Korea to prevent a lease dispute from escalating?
Real Estate Dispute Prevention & Pre-Litigation
My landlord is refusing to return my deposit after my commercial lease ended in Seoul. I want to send a formal proof of contents notice to document my demand and establish a legal baseline before filing a lawsuit. What specific details must be included so this pre-litigation step is effective... Read more →
Lawyer answer by mohammad mehdi ghanbari

A Korean contents-certified notice should clearly identify the landlord and tenant, the commercial premises, the lease date and term, the deposit amount, and the date and manner in which the lease ended. State the landlord’s full name and address, the...

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