Divorce by agreement(协议离婚)

Divorce by Agreement

  Under Korean family law(which is a sub-section of Korean Civil Act), there are two types of divorce; 1) divorce by agreement, 2) and judicial divorce.

  Divorce by Agreement is also called as 'uncontested divorce'. The parties first need to obtain a confirmation of intent not to contest divorce form the Family Court of jurisdiction. The divorce becomes effective when a report of divorce which is signed by both parties and attached with a copy of the confirmation is reported to the head of the local district unit.

  Procedure of divorce by agreement is as follows. You need to apply for confirmation of intent not to contest divorce by submitting certain documents to the court, such as copies of family relations certificate, marriage certificate, copies of resident registration, copies of an agreement regarding the custody and parental rights if there is a minor child, etc..

  Then the parties must appear together at the court and be confirmed by the court about their intent to divorce. During this procedure, the court may order a modification to the agreement regarding custody and decision on parental rights for the interest of minor children.

  Finally, after you get the copy of confirmation from the court, you should report it to the local district unit office. If you fail to submit the report in three months after the issuance of the copy of confirmation, the divorce is not effective. In such cases, the parties need to obtain another confirmation on intent to divorce from the court.

  I once met Iranian couple who married in Iran, but wanted to divorce in Korea. They already had made the agreement to divorce and had gone through religious divorce procedures, but the Iranian Embassy required them to take legal procedures in Korean Family Court.

  Since they did not speak any Korean, I had to translate all of their documents into Korean, accompany them to the court appearance(the court does not designate a translator in uncontested divorce procedure, so I had to play a role as a translator in front of judges), and help them report it to the office. I hope to meet them as my clients being in a happier situation in the future.

  协议离婚

韩国家庭法（韩国民法的一部分）规定：离婚有两种类型1）协议离婚 2）审判离婚

协议离婚也叫没有争吵的离婚。当事人首先从管辖的家庭法院那里确认收到没有离婚异议。区政府里收到附上上边的离婚确认书，有两个当事人签字盖章的离婚申请书以后离婚才生效。

协议离婚的顺序如下你应该在所管辖的法院附加几份材料然后申请离婚确认，附加的材料有家庭关系证明书，结婚证明书，居民登录证副本，有未成年子女的情况关于养育和亲生权的副本。

然后当事人去法院，他们的离婚意向从法院得到确认。这样的确认程序中，法院为了未成年人的利益也可能要求养育权与亲生权协议。

  最后从法院得到离婚意向确认书后你得在地区区政府进行离婚申告。你如果从发行离婚意向确认书后3天之内没进行离婚申告的情况离婚无效。这样的情况，当事人又得重新从法院确认得到离婚意向。

  有一次见过在伊朗结婚却在韩国离婚的夫妇。他们虽然已经结束离婚协议，也都经过了宗教上的程序，伊朗大使馆里要求他们经过韩国家庭法院中韩国法上的离婚程序。

  因为他们完全不会韩国语，我将他们应该提交的所有文件翻译成韩国语，为了得到离婚意向的确认一块去了法庭（因为法院在协议离婚程序中不指定翻译官，我在判师前边也必须做翻译）。帮助他们在区政府做了离婚申告。我希望以后在高兴的情况下见到他们作为我的当事人。

Overdue wage(拖欠工资)

overdue wage

  I saw some English teachers in 'Hagwon' who worked but did not receive their paycheck. At first I could not understand why they did not seek any legal measure, since some of teachers had not been payed for several month. The reason I most frequently hear is that the teachers believed the employer saying it will be payed as soon as possible, and that they were afraid to arouse any legal issue in a foreign country. 

  According to Article 36 of the Labor Standards Act, if a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment has occurred. An employer who violates the provisions of Article 36 shall be punished.

  When you did not receive your paycheck after you leave the workplace, then you should first file a petition at the jurisdiction of the Ministry of Employment and Labor of your workplace. You can do it either by visiting the office or via internet. Labor board will investigate the employer and, if finds guilty, will send the case to the Public Prosecutors' Office.

  Along with this criminal procedure, you need to get 'certificate of overdue wage' from labor board, and file a civil suit using the certificate as a major proof. Lawyers in KLAC(Korean Legal Aid Corporation) helps filing a wage lawsuit for free.  

拖欠工资

  我知道几位在学院里教英语却没有拿到工资的老师。他们当中有一部分几个月没有拿到工资的情况也有，我刚开始不能理解他们为什么那么久没有拿到工资也不采取任何法律措施。我最经常听到的理由是老师们相信雇佣主说的会尽快给支付工资的话，或者是他们本身害怕在国外引起任何法律问题。

  劳动基准法第36条规定：劳动者退休的情况，雇佣主发生支付原因以后14天之内应该支付工资、保尝金、其它钱或者贵重品。违反第36条规定的雇佣主将会受到处罚。

  你如果离开职场以后没有得到工资的情况，首先应该去管辖职场的雇佣劳动部提交陈情书。你可以通过访问雇佣劳动部办公室或者通过网络陈情。劳动委员会调查雇佣主以后如果判断有嫌疑（罪）的话，会将事件移送给检查厅。

  与这样的刑事程序一样，你从雇佣劳动部收到“拖欠钱物凭证书”，应该把这作为重要的证据提起民事诉讼。大韩法律援助工团的律师免费帮助提起拖欠工资的诉讼。