Busan Lawyer, Law Firm Yulmaru | Offices in Seomyeon, Centum, Myeongji, Changwon and Seoul

Most people first learn of it when the investigator asks them to appear. The request should in principle be a written summons, but it can also come by phone or text message (General Investigative Rules, Article 19(3)), and the case lookup screen may not show the case right away depending on intake and assignment status, so a failed lookup alone does not mean you are not a suspect. If you were told a complaint is coming, do not delete related messages or transaction records; keep them.

It can. A witness is a person who is not a suspect and is asked to give a statement (Criminal Procedure Act, Article 221), and if a suspicion comes to light after the interview, the person may be converted to a suspect. Before questioning a suspect, the police must tell you that you may refuse to make statements (Article 244-3), so whether you received that notice shows whether your status has changed. Before the interview, it helps to lay out your relationship to the case in date order.

It is not too late, and the time before the first questioning is when defense counsel has the most to do. Before the questioning we organize the allegations and facts and set the direction of your statement, apply for counsel to attend and go in with you (Criminal Procedure Act, Article 243-2), and afterward read the record and ask for corrections where it differs from what you said (Article 244). Even if you have already been questioned once, a written opinion can be filed before the case is sent to the prosecutor.

Yes. The prosecutor is required to decide whether to indict within 3 months of receiving a complaint case (Criminal Procedure Act, Article 257), and in that time the suspect can submit a written opinion, a settlement agreement and damage recovery materials to the prosecutor in charge. If you contest the charge, we supplement in writing the facts that were left thin at the police questioning; if you admit it, we gather sentencing materials so they are considered in the decision.

No. Under the Attorney-at-Law Act, Article 23 and the KBA Regulations on Attorney Advertising, only a lawyer who has registered a specialization with the Korean Bar Association may describe themselves as a "specialist" in that field. All three of Yulmaru's divorce lawyers have registered a Divorce specialization, and you can confirm this in the KBA specialist lawyer search.

There is no procedure called forced divorce; judicial divorce fills that role. Even if your spouse will not agree, you can obtain a divorce by Family Court judgment if you prove a ground for divorce under the Civil Act, Article 840 with evidence. Once you file the complaint, the case first goes to mediation (Family Litigation Act, Article 50), and if mediation fails it proceeds to trial.

The law has a place for it. The Civil Act, Article 840 lists malicious desertion (item 2), extremely unjust treatment by the spouse or the spouse's lineal ascendants (item 3), and any other serious reason that makes it difficult to continue the marriage (item 6) as grounds for judicial divorce. Which item applies and whether a divorce is granted, however, is decided by the court case by case, looking at evidence of the duration, the frequency and how far the marriage has broken down.

Three questions decide it: whether your spouse agrees to the divorce itself, whether you have agreed on property and child arrangements, and whether you need the agreement in a document that can be enforced. If everything is agreed, divorce by agreement; if you agree to divorce but differ on terms or need an enforceable record, mediation (Family Litigation Act, Article 59); if your spouse refuses to divorce, judicial divorce.

Yes. If one spouse's individual rehabilitation case is pending at the Busan Bankruptcy Court, the other spouse may file with that court, and the same rule applies between a principal debtor and a guarantor or between joint debtors on the same debt (Debtor Rehabilitation and Bankruptcy Act, Article 3(3)3). Each spouse still files a separate application and repayment plan, and each is reviewed on their own income and assets.

As a rule, no. Claims listed in the creditor list cannot be paid or collected except under the repayment plan (Debtor Rehabilitation and Bankruptcy Act, Article 582), and paying only a particular creditor after filing can be avoided by the trustee (Article 584, applying Article 391 mutatis mutandis). Once a stay or prohibition order is issued, even demanding payment is prohibited (Article 593(1)4).

Yes. Claims arising from causes before the commencement decision are individual rehabilitation claims even if they are not yet due (Debtor Rehabilitation and Bankruptcy Act, Article 581, applying Article 425 mutatis mutandis), and claims left off the list are not discharged (Article 625(2)1). We fix the amount owed to each creditor, including card charges made just before filing, and then prepare the list.

The law does not make cancelling insurance a requirement. However, all assets you hold at the time of the commencement decision belong to the rehabilitation estate (Debtor Rehabilitation and Bankruptcy Act, Article 580(1)), so the surrender value is counted as an asset and reflected in the liquidation value test (Article 614(1)4). The portion of insurance benefits and surrender value of protection-type insurance that is exempt from seizure is excluded from the estate (Article 580(3); Civil Execution Act, Article 246(1)7).

No. It is held by the School Violence Countermeasures Committee of the district office of education that oversees the school (Act on the Prevention of and Countermeasures against Violence in Schools, Article 12(1)). In Busan, five district offices of education (Seobu, Nambu, Bukbu, Dongnae and Haeundae) divide the schools by district and county, and administrative appeals against measures go to the Administrative Appeals Commission of the Busan Metropolitan Office of Education.

It is not too late. After the statement there is still work at every stage: the investigation by the dedicated body, the written opinion and oral statement at the committee, and any appeal after the measure is notified. A Busan school violence lawyer starts by putting the facts back in date order so that the statement already submitted and the opinion still to come do not contradict each other.

What is entered in the school record is the measure the district superintendent imposed on the accused student and the date of that decision (Enforcement Rules of the Elementary and Secondary Education Act, Article 21); there is no entry for the mere fact that the committee met. Measures 1 to 3 are also not recorded if they are carried out and no further measure is imposed for another incident at the same school level.

In principle the student and guardian attend in person and give their views. Before requesting a measure, the committee must give the accused student and guardian and the victim student and guardian an opportunity to state their opinions (Act, Articles 17(8) and 16(2)). The lawyer helps draft the written opinion and prepare the statement, and whether the lawyer may attend is confirmed in advance with the committee concerned.