Business Field

Our team for domestic affairs provides legal advice for divorce, parental rights, custody and property division, and suggests legal advice in the process of dividing inheritance after the death of a predecessor.

Divorce is not only related to organizing marriage relationships with spouses, but also dividing assets properly that were accumulated during marriage life and dealing with custody. For this reason, many couples get hurt more in the divorce process than in their married life.

If only making the arguments that blame each other due to the lack of evidence, it will only hurt each other, therefore we secure evidence through sufficient consultation in advance to minimize the above and come up with a reasonable plan as soon as possible to close the lawsuit smoothly with an agreement with the other party.

A divorced couple will share the property that was accumulated jointly during the marriage. One party may have the right to claim for divorce property division in the sense of liquidation and support of the joint property. If the agreement on property division does not proceed smoothly between the couple, one may claim for a property division trial to the Family Court.

Custody is the parent’s right to make decisions about the rearing of a minor child. In case of divorce, fosterer must be designated, and fosterer and person with parental rights may be designated differently If a person with parental rights or forester is different, the parental rights will only affect the rest of the parts except custody.

When a couple divorces, they may claim alimony from the spouse responsible for the divorce in the name of compensation for the psychological pain caused by the divorce. Alimony can be claimed not only for judicial divorce but also consensual divorce or cancellation of marriage.

Inheritance means that all the properties to be succeeded comprehensively that were belonging to a predecessor after the death. Inheritance may be succeeded by death, missing, certified death, etc.

Division of inherited property is made according to inheritance order, and if there are multiple inheritors of the same rank, the share of inheritance shall be considered as the same. The share of inheritance that belongs to a person with succession by representation who substitutes the decreased or a disqualified person shall inherit the share of inheritance of the decreased or a disqualified person. The first priority of inheritance is the lineal descendant (children, grandchildren, etc.), the second is the lineal ascendants, the third is a predecessor’s siblings, and the fourth is collateral blood relatives.

Giving refers to a contract established by expressing the willingness to give property to the other party for free of charge, and agreement of the other party (recipient). In the event of a giving of inherited property, conflicts may arise over the division of inherited property. Therefore, we protect inheritance under a legal portion of an heir.

If the heir’s right to inheritance is violated by co-inheritors for instance, disposing inheritance as giving, the share of inheritance, the victim may claim for inheritance within a certain extent. This is called as the right of legal portion of inheritance. A lawsuit of claiming for the return of legal portion of inheritance refers to the “demand for return of legal portion of inheritance.”

Waiver of inheritance is the act of rejecting the inheritance effect, in which all property rights and duties are transferred to the heir. When the heir renounces inheritance, it is regarded as not belonging to the heir from the beginning. When the heir renounces inheritance, he/she shall report the renunciation to the family court of the within three months, where is in charge of commencement of inheritance from the date he/she finds out that the inheritance is initiated.

Limited recognition refers to an expression of intention to approve inheritance on the condition of reimbursing heir’s debts and giving within the amount of the property that they will acquire through inheritance. If the heir requests a limited approval for inheritance, the heir shall report the list of inheritance to the family court within three months from the date he/she finds out that the inheritance begins even if the inheritance debts exceed positive property obtained through inheritance.

Adult guardian institution is designed to provide a wide range of protection and support for property management and daily life to adults who need help in handling affairs due to disabilities, diseases, and old age.

• 1. Adult Guardian

  Adults who are constantly incapable of handling affairs due to mental constraints, illness, disability, old age, and other reasons receive protection through the support of guardians recognized by the family court.

• 2. Limited Guardianship

  It is an institution in which adults who lack the ability to handle their affairs due to mental constraints, illness, disability, old age, and other reasons, therefore they are protected by the support of guardians recognized by the family court.

• 3. Particular Guardianship

  Adults who receive particular guardianship need temporary sponsorship or support for certain affairs due to mental constraints, illness, disability, old age, and other reasons, receive protection through the support of guardians recognized by the family court.

• 4. Contractual Guardian

  It is an institution in which general adults make a contract with a guardian on his/her own in preparation for a situation in which he/she lacks or becomes unable to handle affairs due to mental constraints caused by illness, disability, old age, or other reasons, therefore all or part of the affairs concerning the management of his/her property and personal protection shall be entrusted to the guardian and the guardian will be representing the right.

• 5. Adult guardian claimant and method of claim

  It is an institution in which adults who lack the ability to handle their affairs due to mental constraints, illness, disability, old age, and other reasons, therefore they are protected by the support of guardians recognized by the family court.

• 6. Termination of adult guardianship
  Termination of adult guardianship due to the death of the guardian

  Adult guardianship ends with the death of an adult guardian.

• 7. Termination of guardianship caused by the extinction of guardianship

  If adult guardianship is extinguished, the family court judges the termination of adult guardianship according to the request of the principal, spouse, relatives, adult guardians, adult guardianship supervisors, prosecutors or heads of local governments.

• 8. Termination of guardianship

  In the case of adult guardianship resignation or change, the need for guardianship still exists, however the guardian’s duties are terminated