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South Korea: Act of Spreading False Information via Internet Not Punishable

(Jan. 10, 2011) The Constitutional Court decided on December 28, 2010, that Korea's law that punishes the act of spreading false information via the Internet for the purpose of harming the public good is unconstitutional. In the case reviewed by the Court, the defendant, who posted economic predictions using his Internet username and who had […]

International Criminal Court; South Korea: Examination of Recent Incidents as Possible War Crimes

(Dec. 9, 2010) On December 7, 2010, Luis Moreno Ocampo, the Prosecutor of the International Criminal Court (ICC), stated that following the receipt of communications from Korean citizens on the matter, he is considering the question of treating recent incidents in the Republic of Korea (South Korea or ROK) as war crimes. The two events […]

South Korea: Special Judicial Police Squad Launched for War on “Knockoffs”

(Oct. 15, 2010) On September 8, 2010, the Korean Intellectual Property Office (KIPO) launched the Special Judicial Police Squad to more effectively crack down on counterfeit goods, so-called “knockoffs,” and trademark offenders. While proud of its fourth ranking in terms of the number of applications for both domestic industrial property rights and international patents, South […]

South Korea: Conflicting Decisions on Adoption by Grandparents

(Oct. 7, 2010) Two conflicting rulings have been made in South Korean provincial courts on the issue of whether grandparents may adopt their grandchildren. On September 16, 2010, the Family Division (three-judge bench) of Ulsan District Court affirmed the decision by a single-judge bench of the same Court that grandparents may not adopt a grandchild. […]

European Union; South Korea: Free Trade Agreement

(Sept. 27, 2010) On September 16, 2010, the Foreign Affairs Council of the European Union authorized the signing of the EU-Korea Free Trade Agreement (FTA) and its provisional application as of July 1, 2011, provided that the European Parliament gives its consent. The EU is expected to sign the agreement with Korea at the upcoming […]

South Korea: Government May Not Have Standing to Bring a Defamation Action

(Sept. 17, 2010) On September 15, 2010, the Central District Court of Seoul (a trial court) released a decision holding that in principle the government may not have standing to bring an action for defamation. This is the first case in South Korea on the issue of whether or not the government may be a […]

South Korea: Domiciliary Intent Matters When Computing Lost Wages in a Foreigner’s Wrongful Death Claim

(Sept. 3, 2010) Two recent decisions by the Seoul High Court (an intermediate-level appellate court) ruled that the domiciliary intent of a foreigner who had been wrongfully killed in South Korea must factor into the calculation of his or her lost wages in the awarding of wrongful death compensation to the surviving family. In a […]

South Korea: DNA Database System Established to Effectively Prosecute Violent Criminals

(Aug. 31, 2010) The Act on the Use and Protection of DNA Identification Information came into force on July 26, 2010, and its Enforcement Decree took effect on August 13, 2010. It appears that the new law has already proved to be an efficient tool to solve violent crimes. On August 27, 2010, the National […]

South Korea: Permanent Dual Nationality Allowed after 60 Years

(Aug. 24, 2010) On May 4, 2010, the Ministry of Justice of South Korea promulgated the amended Nationality Act, which comes into full effect on January 1, 2011. By passing this amendment, South Korea, for the first time since its founding, has come to recognize permanent dual citizenship of its nationals who satisfy the eligibility […]

South Korea: Multiple Legislative Actions Against Sex Crimes

(Aug. 20, 2010) In 2010 alone, the National Assembly of South Korea has taken five legislative actions against sex crimes and for the protection of the victims thereof; the adoption of three new acts and the amendment of two existing ones. The steps were taken in response to the sharp increase in sex crimes in […]