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YouTube- What to check
- Divorce registration and the real name of the lawyer in charge
- Competent court
- Busan Family Court (31 Beobwon-ro, Yeonje-gu)
- Division of property
- claim within 2 years of the divorce
- Lawyers in charge
- Lim Jae Hyun, Park Sang Jun, Moon Ji Yeong
What do I check when choosing a divorce lawyer?
There are five things to check: whether the lawyer has registered a Divorce or Family Law specialization with the Korean Bar Association (KBA), whether the lawyer you consulted will personally attend mediation and trial, whether the lawyer explains how the evidence for division of property and child-related issues will be gathered, whether the lawyer tells you which procedure fits your case, and whether the scope of the engagement is written in the contract. A divorce case does not end with the question of divorce alone. Division of property, consolation money (damages for distress), parental authority and custody, child support and visitation are decided together, so look for a lawyer who explains what to prepare for each issue.
| Check | Why it matters | How to check |
|---|---|---|
| Specialization registration | The KBA registers it after reviewing requirements such as at least 3 years of legal practice and at least 30 cases in the field in the last 3 years. The classification lists "Divorce" and "Family Law" as separate fields | Search by real name in the lawyer search on the KBA website |
| Real name of the lawyer in charge | The person attending mediation and hearing dates should know the case from the start | Check the lawyer's name in the contract and in the power of attorney for the lawsuit |
| How evidence is prepared | Division of property needs records of assets the couple built together, and custody needs evidence of the child's living environment | Ask at the consultation what evidence will be obtained and by what procedure |
| Explanation of the procedure | Divorce by agreement, mediation and trial differ in how long they take and what you must prepare | Check whether the lawyer explains which procedure fits your case and why |
| Written contract | Mediation, the first instance, the appeal and securing child support payments are each separate stages | Check that the contract sets out the scope for each stage and the fee terms |
Which court handles divorce in Busan?
Divorce mediation and lawsuits in Busan are handled by the Busan Family Court. The Busan Family Court is at 31 Beobwon-ro, Yeonje-gu, and the jurisdictional area for family cases published on the court website is all of Busan Metropolitan City. Jurisdiction over a judicial divorce is decided by the spouses' addresses (Family Litigation Act, Article 22). If both spouses live in Busan, or if their last shared home was in Busan and one of them still lives there, the Busan Family Court has jurisdiction. In other cases, the family court for the other spouse's address has jurisdiction, so if your spouse has moved to another region, check jurisdiction first at the consultation.
| Procedure | What happens | Legal basis |
|---|---|---|
| Divorce by agreement | After receiving guidance from the family court, you wait 3 months if you have a child to raise, or 1 month if not, and then the court confirms your intention to divorce | Civil Act, Article 836-2 |
| Mediation | To claim a judicial divorce you must first apply for mediation, and if you file a lawsuit directly the court refers it to mediation | Family Litigation Act, Article 50 |
| Trial | You must prove a ground for divorce set by law, such as the spouse's unchaste act, malicious desertion or extremely unjust treatment | Civil Act, Article 840 |
You can claim division of property even after a divorce by agreement, but the right expires once 2 years have passed from the date of the divorce (Civil Act, Article 839-2).
Questions to ask at the consultation
- Which lawyer will personally attend the mediation dates and the trial?
- What specialization have you registered with the KBA?
- Which procedure fits my case: agreement, mediation or trial?
- How do you separate property subject to division from property that is excluded?
- By what procedure will you confirm property held in my spouse's name?
- When custody is disputed, what does the court look at and what evidence do we submit?
- Which of mediation, the first instance and the appeal does the engagement cover?
- Who will report progress to me, and how?
Warning signs to avoid
Article 23(2) of the Attorney-at-Law Act prohibits advertising that creates unjustified expectations about the results of the work and advertising that exaggerates facts so as to mislead. In divorce cases, this shows up as follows.
- Promising an amount or a result, such as "We will get you this much in consolation money" or "Custody is certain"
- Advertising that leads with the percentage of cases won or division of property ratios as numbers
- Recommending ways to gather evidence such as secretly tracking the other spouse's phone or car. The person who gathers material unlawfully can face criminal liability
- Recommending a contract after you have consulted only with staff and never met a lawyer
- Asking for payment first without a contract
If cost is a concern, call the Korea Legal Aid Corporation at 132 (no area code) to check whether you qualify for legal aid.
How to check Yulmaru against these points
At Law Firm Yulmaru, divorce cases are handled by Lim Jae Hyun, Park Sang Jun and Moon Ji Yeong, and all three have registered a Divorce specialization with the KBA. You can confirm this by searching their real names in the KBA lawyer search. The Busan offices are in three places, Seomyeon, Centum and Myeongji, and their locations and contact details are published in Offices. The guide to each procedure is in Busan divorce cases.
Attorneys in Charge
Lim Jae Hyun Managing PartnerKBA-registered specialization: Divorce, InsolvencyBankruptcy trustee at the Busan Bankruptcy Court. Graduated from Sungkyunkwan University College of Law and Pusan National University Law School.
Park Sang Jun Managing PartnerKBA-registered specialization: Criminal Law, DivorceWorked as an elementary school teacher before becoming an attorney. Graduated from Busan National University of Education and Pusan National University Law School. Supervising attorney at the Pusan National University Legal Clinic.
Moon Ji Yeong PartnerKBA-registered specialization: Criminal Law, DivorceLaw education attorney for violence and delinquency prevention at the Busan Metropolitan City Office of Education, and public interest member of the Busan Regional Labor Relations Commission. Graduated from Pusan National University Law School.