Criminal Law · Criminal Forfeiture Excess Interest from Unregistered Moneylending Is Subject to Forfeiture in South KoreaSupreme Court of Korea Decision 2025Do13550 Taejin Kim · Managing Partner, Atlas Legal Supreme Court 2025Do13550 · Supreme Court 2023Do10700 · Incheon District Court 2024No4433 Quick answer: Under South Korean law, excess interest collected by an unregistered moneylender above…
Virtual Assets · Breach of Contract Crypto Delivery Default Damages in South KoreaSeoul High Court 2024Na2025198 Explained Soyoung Park · Representative Attorney, Atlas Legal Seoul High Court 2024Na2025198 · Seoul Southern District Court 2022Gahap111340 Contents 1. What happens if a company breaks a promise to deliver crypto in South Korea? 2. Does a falling crypto…
Construction & Public Contracts — South Korea Delayed Commencement vs. Suspended Construction:What South Korea’s Supreme Court Says About Liquidated Damages Taejin Kim · Managing Partner, Atlas Legal Suwon High Court 2025Na11033 · Supreme Court of South Korea 2026Da200798 Key Takeaway: When a contracting authority’s failure to secure a project site delays the start of construction…
Employment & Labor Is a Different Entry Rank by Military Service Sex Discrimination in South Korea?Seoul Administrative Court 2025Guhap54077 Soyoung Park · Representative Attorney, Atlas Legal Seoul Administrative Court 2025Guhap54077 · Decided Feb. 11, 2026 Contents 1. What did the Seoul court decide about military service and sex discrimination in South Korea? 2. Why was…
Civil · Unjust Enrichment Used-Car Fraud and Unjust Enrichment in South KoreaWhat the Supreme Court’s 2025Da219380 Ruling Means Soyoung Park · Representative Attorney, Atlas Legal Supreme Court of Korea 2025Da219380 · Daegu District Court 2025Na301866 Contents 1. What did the Supreme Court actually decide? 2. How did a used-car sale become a fraud? 3. Why…
Corporate Disputes Executive Severance in South Korea:Why a Shareholder Resolution Is Essential Taejin Kim · Managing Partner, Atlas Legal Seoul High Court 2025Na205650 · Supreme Court 2023Da269818 · Changwon District Court 2023Gadan111202 Key takeaway: In South Korea, a director’s severance and retirement pay fall under Article 388 of the Korean Commercial Act, so without a…
White-Collar Crime · Specific Economic Crimes Employment Restriction Under Korea’sSpecific Economic Crimes Act Taejin Kim · Managing Partner, Atlas Legal Supreme Court 2022Du44354 · Constitutional Court 2021HeonBa46 · Seoul High Court 2021Nu35485 Contents 1. What is the employment restriction under Article 14 of Korea’s Specific Economic Crimes Act? 2. Who is subject to the restriction…
Inheritance & Forced Heirship Forced Heirship in South Korea: When Are Secured Guarantee Debts Excluded from the Calculation Base? Soyoung Park · Representative Attorney, Atlas Legal Supreme Court 2024Da308079 · Supreme Court 2017Da230338 Key Answer: Under South Korean law, a decedent’s liability as a physical guarantor (mul-sang boejeung) — i.e., where the decedent mortgaged his…
Core Answer: Under South Korean criminal law, embezzlement (업무상횡령) arises from a provisional payment (gajigeuem) withdrawal when three elements are met: (1) the funds were used for non-corporate purposes, (2) no interest rate or repayment date was agreed upon, and (3) the board of directors resolution required for the transaction was not obtained (Supreme Court,…
Core Answer: When a fraudulent conveyance avoidance action succeeds and the debtor is subsequently declared bankrupt, the restored assets fall into the bankruptcy estate. The Supreme Court in Case 2025Da210073 (May 20, 2026) held that a capital gains tax claim arising before the bankruptcy declaration constitutes an estate claim (jaedan chaekwon) under Article 473(2) of…
