LITIGATION
As many of Law-Win’s attorneys are currently working as court appointed mediators, we often encourage our clients to resolve cases without the heavy burden of a trial. However, in South Korea, only few cases get resolved through mediation-many cases still go to the court, and the real combat starts. The courtroom is where all Law-Win attorneys have intensively developed their careers as relentless trial lawyers. Motivated by the win-or-lose challenges and the tension within courtroom, Law-Win attorneys are determined to win for our clients.
FAMILY
▶Inheritance Tax Law
In South Korea, midsize businesses can benefit from the government’s inheritance tax deductions, however, such deductions are only limited to companies that post less than three billion KRW in annual sales. South Korea’s inheritance tax rate is approximately fifty percent, which is almost twice as high as twenty-six percent of the average inheritance tax rate of OECD member countries. The tax rate can go up to sixty-five percent if the successor of a company inherits the largest stock holdings which have the right of management. Foreign residents in South Korea who are unfamiliar with Korean tax laws often get charged additional punitive tax imposed by the government and eventually put their own businesses at risks. Consulting with an experienced inheritance attorney at Law Win will help you reduce business risks involved with the inheritance process and avoid unnecessary fees, taxes or unscrupulous actions that may get between you and what is rightfully yours.
▶Divorce
Law Win’s KBA (Korean Bar Association)-certified family attorneys have handled numerous divorce cases in all matters related to pre-divorce spousal maintenance (previously called alimony), post-divorce spousal support determinations, child custody, child support and property division. When a child is involved in a divorce case, the case generally gets more complicated. For the best interests of a child and a fair distribution of property, it is important to review factors, such as:
- The duration of the marriage
- Whether there has been domestic violence in the family
- Which parent has been the child's primary caretaker
- The quality of each parent's home environment
- The income of the parties at the time of the marriage or at the time of the commencement of the divorce action
- The mental and physical health of the parents
- The wasteful dissipation of assets by either spouse
- Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
- Any other factor that the court finds to be just and proper
Law Win has been helping clients assert their rights and interests in many divorce cases, always working to ensure earned assets are secured and distributed in fairness.
▶International Marriage/Divorce/Adoption
Foreigners face many difficulties when they are in the midst of any family law-related battles due to their language barriers. Law Win understands that it is crucial to communicate with clients in matters of legal issues and our professionals specializing in family law comprised of multi-lingual attorneys and legal assistants(fluent in English, Chinese, Japanese, German, Russian, Vietnamese, Uzbek, Urdu, Bengali, Tagalog and Cebuano) have been assisting our foreign clients to protect their home and future security.
Business
South Korea is an attractive investment and trade destination as Korea posted US$1,619 trillion in terms of nominal GDP in 2018, maintaining its position at 12th in the in the global gross domestic product (GDP) rankings in 2019. Getting to know the Korean legal system, its culture as well as economic and political climate is mandatory for those who plan to do business and achieve success in South Korea. There are various Korean business laws to be carefully looked at when doing businesses in Korea, such as commercial law, trade-law, foreign investment act, foreign exchange transaction act and other relevant regulations. Although South Korea has liberalized foreign-exchange controls in line with OECD benchmarks, most foreign-owned business owners and corporations still need to meet certain requirements in order to establish their businesses. Foreign investments are strictly restricted in certain industries including food crop cultivation, meat wholesale, electricity generation, telecommunications, passenger transportations, nuclear fuel processing among others.
Law-Win advises foreign business clients to support and develop their businesses to the greater extent in South Korea by providing precise and realistic legal viewpoints on Korean investment rules, currency regulations, labor laws, tax laws and other regulations related to commercial activities.
Real Estate
LawWin’s Real Estate Team provides legal advice and expertise for all aspects of South Korean land use, industrial, commercial, and residential real estate. Wehave successfully represented landlords, property owners over the years;
negotiating, drafting lease agreements, salescontracts, refinancing estates for commercial, industrial and residential properties as well as reviewing construction contracts.
In South Korea, an ongoing civil matter often becomes a criminal case. Under the Korean laws, real estate cases exponentially grow with the overlay of criminal liabilities, forexample, breach of contract would result fraud or embezzlement charges.
Real estate litigation comprises the large part of Law-Win’s practice, and we are fully capable of assisting those in challenging circumstances of real estate disputes by providing strategic choices necessary for practical legal solutions.
