K&P Law Firm - International Law Firm in Incheon, South Korea

  Incheon Songdo K&P Law Firm Attorney Taejin Kim   Criminal Defense for Foreigners It can be difficult for foreigners to have their rights protected in criminal procedures.   By failing to communicate accurately with a lawyer during the investigation phase, you may lose the opportunity to defend yourself in the investigative agencies. Inaccurate interpretation can lead to erroneous communication and cause improper results.   Even at the trial stage, you may be disadvantaged in criminal proceedings due to a lack of understanding of Korean criminal procedure and a deficiency of communication with lawyers.   Unlike Koreans, criminal cases of foreigners involve VISA issues.  Even if they have received minor penalties in criminal proceedings, foreigners may be deported or denied visa renewal.   Lawyers in K&P Law Firm Communicate directly with clients in English from the case initiation to the last state of visa. We strive to b...

Incheon Songdo K&P Law Firm Attorney Taejin Kim   A client of attorney Taejin Kim was acquitted of the trade secret acqusition and use case in the Incheon District Court. The issues are as follows: Defendant X resigned from Company A and moved his job to Company B. Company A, and Company B are companies that operate in the same business. X was a computer programmer developing computer programs for machines manufactured by Company A when he left Company A. When X left the company, he did not return or delete the computer program he was building for Company A but took it with him. X has developed a computer program for Company B to use on the machines manufactured by Company B. Company A sued X for having a computer program from Company A and that he used Company A's program to develop a computer program for Company B. Attorney Kim argued: ·         X has already acquired a computer program from Company A while working for Company...

K&P Law Firm provides legal services in English. K&P Law Firm is a boutique law firm in Incheon, Korea specialized in corporation, commercial law counseling and litigation, corporate-related crime, real estate development, and foreign investment. Our office is located in Incheon South Korea.  Tel. +82 32 864 8300 Email: info@kimnpark.com Please visit our website www.kimnpark.com

  We provide an English legal service for foreign clients. Please visit our website:  www.kimnpark.com email: info@kimnpark.com Tel. +82 32 864 8300 ==== K&P Law Firm is a boutique law firm in Incheon, Korea specialized in corporation, commercial law counseling and litigation, corporate-related crime, real estate development, and foreign investment.

We provide an English legal service for foreign clients. Please visit our website:  www.kimnpark.com/eng email: info@kimnpark.com Tel. +82 32 864 8300 === Supreme Court Decision 2018Da231550 Decided March 11, 2022 【 Judgment of  Execution 】 【 Main Issues and Holdings 】 [1] Method of determining whether the approval of a final and conclusive judgment rendered by a foreign court or a judgment acknowledged to have the same force (hereinafter “final judgment, etc.”) may give rise to a result being against sound morals or other social order of the Republic of Korea When determining the requirements for recognition of a final judgment, etc. stipulated in Article 217-2(1) of the Civil Procedure Act, whether the stability or predictability of the international trade order as well as domestic circumstances should be considered (affirmative) and whether the approval of a judgment rendered by a foreign court can be denied for the simple reason that no A...

 [1] Even if an act of posting a link to a posting, infringing on the right of public transmission, a web page, on which the posting is located, etc. (hereinafter “infringing posting, etc.”) is committed, the infringement on the right of interactive transmission is not constituted as such act does not correspond to “interactive transmission (public transmission),” which is a constituent element of an act of infringing on the right of interactive transmission (the right of public transmission), which is the established precedent of the Supreme Court. A link merely refers to the data regarding the location, or a route, of an individual work, etc. stored on a server of a web page, website, etc. connected by such link on the Internet.  Even if an Internet user is directly connected to the infringing posting, etc. by clicking on the link, the principal agent, transmitting the data which is subject to such connection, is a person, who provides the data to make the data available for...

 (A) The Trademark Act provides that in a case where one intellectual property (IP) right is in conflict with other IP right, the first-to-file right, or the earlier created right, is given priority over the other, and it is reasonable to assume that such rule invariably applies to a trademark conflict. Therefore, in a case where a trademark owner filed an application for registration of a trademark similar or identical to a prior applied and registered trademark before the filing date of the said trademark owner’s application for trademark registration (hereinafter “subsequent registered trademark”) and used the subsequent registered trademark, without authorization of the owner of a prior mark, on goods similar or identical to designated goods of the prior registered mark, an exclusive right to the use of the subsequent registered trademark is no longer exercisable, and an infringement on the prior registered mark is established without regard to whether a trial ruling that inval...