Thursday, January 26, 2012

Korea Divorce Checklist for Negotiation of a Marital Separation Agreement in Korea

The following Korea divorce checklist may be useful for those negotiating a marital separation agreement in Korea. We highly recommend the utilization of a marital separation agreement, since the normal Korean judgment doesn't consider some issues that may arise in the future including pension and social security that are addressed in a typical marital separation agreement.   The average Korean lawyer that doesn't handle many divorces for foreigners is, often, not aware of the reality overseas and, thus, often thinks the cursory Korean court judgment is adequate.  Often, the cursory court judgment in Korea is not adequate in waiving the rights to vested benefits.  Thus, only hire an attorney in Korea that has significant experience with international divorces and that has drafted marital separation agreements.  I would suggest requesting a marital separation agreement in Korean and English prior to retaining the attorney.

Korea Divorce Checklist
(This checklist is not intended to be exhaustive)
  • Children
    • Who has the power to determine: where child goes to school, tutors, extracurricular activities, move abroad, which doctors, religion which treatments etc.?
    • Ability for non-custodial parent to take child during vacations outside of Korea?
    • Can the name of child be changed?
    • Custodial Parent?
    • Non-Custodial Parent:  Visitation vs. time sharing?
    • Non-Custodial Parent:  Schedule for each week, holidays, vacations and school recess?
    • How does arrangement change if a parent relocates?
    • Child Support? Payment Method? Inflation Adjustment? Salary Adjustment?
    • Child Support until what age?
    • Responsibility for health insurance, medical expenses, school and college?
    • Support Provider- life insurance?
  • Spousal Support (Normally only property distribution and "consolation money") 
    • Spousal support/consolation money?
    • At-fault Money Judgement?
    • Pending Criminal Charges?
  • Division of Property 
    • Division of Property?
    • Cost of Division of Property?
    • Pensions, IRAs and Social Security?
    • Life Insurance?
    • Vested Inheritance and Pensions?
    • Debt?
    • Legal Fees?
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SeanHayes@ipglegal.com

Wednesday, January 25, 2012

IPG Member of International Association of Entertainment Lawyers

IPG attorney KS Chong is one of the leading lawyers in Entertainment Law in Korea.  He represents one of the leading entertainment businesses in Korea and many international artists and intellectual property owners.  KS Chong has, also, published the first book on Korean Entertainment and Media Law and numerous articles on entertainment and intellectual property law.

The IPG has strengthened its position in the Korean market by being the only full member of the International Association of Entertainment Lawyers in Korea.  
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SeanHayes@ipglegal.com

Tax Exempt Foreign-Denominated Bonds in Korea Coming to an End for Holders with Offices in Korea

Some bad news for the Korean bond market.  A law passed in 2011 entitled the Special Tax Treatment Control Law of Korea makes, for many investors, the Korea bond market much less attractive when compared to the bond market of regional rivals.

Non-Korean currency denominated bonds issued in 2012 will no longer receive tax exempt status in Korea if they are payable to any company with an establishment in Korea or were issued in Korea. 

This and other punitive-like taxes were passed in 2011 as a populist reaction to foreign-currency established companies doing business in Korea that were alleged to not be paying enough taxes in Korea and were gaining too much profits from doing business in Korea.  Many of these targeted companies were responsible for turning around failing companies. 

The alleged foreign-friendly Lee Administration has proven not to be as foreign friendly as alleged by the more liberal media sources.

Recent articles on Korean Tax Law:
IPG will be updating the readers of The Korean Law Blog, The Asian Law Blog and The China Law & Business Blog on updates to China, Bangladesh, Cambodia, Korea the Philippines, Vietnam tax law over the next couple of weeks on the IPG's blogs.
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SeanHayes@ipglegal.com

Monday, January 23, 2012

Mastering Business in Korea: A Practical Guide by IPG's Senior Commercial Adviser

IPG is proud to, again, recommend a book written by the Tom Coyner a Senior Commercial Adviser for IPG. 

The following is recommendations from the foreward to Mastering Business in Korea: A Practical Guide.

Nick Reilly
Former President of GM Asia-Pacific

This book is written with the expatriate business professional in mind. Korea is reputed to be a tough place to do business, but much of that reputation is unfair. Well-meaning and experienced foreign businesspeople routinely make serious errors that ultimately impede their success in the world’s eleventh strongest economy. This is the first such book written in collaboration by a Korean and a Westerner – both of whom have built their careers in international business between Asia and the West. The authors do not pretend doing good Korean business is easy – but it can be much easier than how many foreign businesspeople go about their business. This book is a result of many interviews with both seasoned expatriate executives and highly experienced Korean managers and directors. The reader will discover both opinions and objective observations. As such, it reflects the international business community in Korea – and not simply the perspectives of a Korean and an American.

South Korea is in a state of flux. Given these modern times, one may say that about many countries. But, Korea is probably more so than most – and it has come a much further distance than most countries in the past half century.

From virtual to actual dictatorships and on to being one of the strongest democracies in Asia, the Republic of Korea has a political track record that is in direct competition with it literal rise to riches from the ashes of a devastating war. In the process, the Korean people are not longer recipients but donors of foreign aid. With, at times, ostentatious displays of wealth, comes a deep political struggle from being the government’s people to having a government of the people. Today there are stronger human and civil rights within South Korea than in anytime of Korea’s multi-millennia history. Coming part and parcel with democratic development, various interest groups and NGOs add a new dynamism to both the public and private sector arenas.

Korean consumers are no longer satisfied with cheap products, they demand – and get – quality. They also are more vocal about products and services in context of their rights as citizens of this republic. Stockholder and consumer rights are coming to the forefront. For example, product liability is no longer a subject studied as something that is a feature of overseas, advanced economies. Such issues and concerns are now part of daily Korean life.

Not so long ago, Koreans looked enviously of what others achieved with advanced technologies. Today, Korea not only emulates but even advances beyond the most advanced nations in cutting edge application of the latest technologies – most notably in the practical integration of broadband networks into daily home and business life.

Through rapid economic growth of the recent past and now through steady progress of a mature economy, Korea holds its own as an OECD nation. Mercantile protectionism is not yet fully an issue of the past, but the Korean markets have opened considerably. Korea recognizes that its long-term growth is dependent upon being an active member of a globalize economy. At the time of this book’s writing, Korea had completed its first Free Trade Agreement (FTA) with Chile, with other FTAs in mid negotiations.

Koreans have often and rightly described as being “frogs in a deep well.” And yet, some ten million South Koreans travel abroad for pleasure per year. On a per capita basis, that means more South Koreans are getting out and exploring the world than their wealthier and more urbane neighbors, the Japanese.

With one of the strongest physical infrastructures in the world, the Koreans continue to improve. The recent bullet trains, the KTX, have within a year of its opening, have changed the consumer patterns of the nation. Hospitals and department stores in regional hubs are now in direct competition with the best that Seoul has to offer.

Given South Korea’s amazing modern history and how much the nation continues to dynamically grow; even Korean marketing analysts are struggling to keep pace with their nation. Even harder is their task to forecast future trends. Even more so is the case for foreign managers and executives who accept expatriate positions to work in Korean or foreign multinational organizations.

In the end, it matters not if one be a Korean or a non-Korean. Once one has grabbed the Korean tiger by its tale, it can be an amazing adventure of simply hanging on. But for those who wish to ride the tiger, this book’s authors have written this book from a combined century’s managerial experience -- from both a Korean and an American perspective. There are other, excellent books on the market dealing with narrower perspectives on doing business in Korea. There has not been a general survey book, however, on this subject for almost twenty years.

While no single volume will provide the business reader with all the answers, the authors endeavored to provide practical, street-wise knowledge one cannot readily find on the Internet and from other public information sources. Together with other aids in understanding Korean business, the authors wish the reader the best of success in doing business in Korea.

Endorsements to
Mastering Business in Korea: A Practical Guide

"The authors have written a superb book that is a "must read" for any foreigner doing business with Koreans or working amidst Korean colleagues. The book is full of insightful recommendations on a broad range of topics as well as practical, common sense tips useful for all expatriates. Moreover the book's insightful advice is underscored with a deep and nuanced understanding of modern Korean culture that is as invaluable as it is rare. Quite simply, this is an authoritative book that demystifies Korea and offers comprehensive advice to anyone interested in living in the country, working with or for Korean managers or doing business with Korean counterparts."

Robert Fallon
Chairman of the Board
Korea Exchange Bank

Song-Hyon Jang and Tom Coyner's book is a "must-have" for expatriates who currently conduct or have interest doing business in Korea. The book cogently presents comprehensive and authoritative advice not only regarding nuts and bolts business topics such as labor negotiations, but also on more subtle cultural topics such as business etiquette. I recommend this book as a welcome addition to the burgeoning literature helping foreigners better understand Korea's business environment.

Dr. Ku-Hyun Jung
President & CEO
Samsung Economic Research Institute

For a foreigner, learning about Korean social and business ways can take a lifetime. Certainly after three decades here I am still discovering what I did not know I didn't know and re-learning what I misunderstood in the past. But even the smallest effort pays a dividend and with this excellent book the reader has a chance to tap into the insight of a Korean businessmen who has spent a whole career relating to foreign managers as well as of a Western consultant who has integrated himself into Korean society almost as much as it is possible for an outsider.

We, the guests in this country, will never be insiders, and so we should always recognise that the business relationship is not going to be equally balanced. But a lot of our frustrations will be eased if we understand some of the reasons, motivation, and cultural and historical background which lie behind behaviour which otherwise seems unfathomable.

I thoroughly recommend this book, not only for the newcomer to Korea but also to long-term expat residents who may think they know it all already. As they will discover, modesty is not just a virtue, it can be a very useful state of mind.

Alan Timblick, OBE
Senior Advisor
Invest KOREA/KOTRA

“It’s all here! This is a superb effort to help expat executives deal with the tremendous complexities of Korean business. Lots of examples and practical advice grounded in the experience of the authors and their corporate colleagues. This book will save you years on the learning curve if you really take it to heart.”

Jack G. Lewis, PhD
Associate Dean, IBEAR MBA & International MBA Alumni Outreach
Marshall School of Business
University of Southern California

A great primer for all newcomers to Korea, as well as a refresher course for those of us who have spent a lot of time in Korea. The authors focus on the keys to business success in Korea – regardless of industry, business sector, or job title. The book demystifies much of the Korean business culture and practices. It is a must for anyone who wants to be successful doing business in Korea.

William (Bill) Oberlin
Former Chairman
The American Chamber of Commerce in Korea - AMCHAM-Korea.

SeanHayes@ipglegal.com

Friday, January 20, 2012

Happy Year Of the Dragon from IPG's Korea Practice Team


IPG is engaged in projects for companies and entrepreneurs doing business in Bangladesh, Cambodia, China, Korea, Laos, Myanmar, the Philippines, Vietnam and the U.S. www.ipglegal.com

Thursday, January 19, 2012

Political Asylum Granted in U.S. to Former South Korean Intelligence Agent

A U.S. court has, recently, upheld a decision to grant political asylum to a South Korean former intelligence agent that revealed that the former Korean Dae-Jung KIM Administration paid a USD 500 million bribe to North Korea in exchange for North Korea hosting the inter-Korean summit between the decreased former leaders of North and South Korea.

Dae-Jung KIM received the Nobel Peace Prize, primarily, because of the inter-Korean summit.

Kim Ki-sam, who departed the Korean state spy agency in 2000, applied for asylum in the U.S. in 2003 out of fear of prosecution by the Korean authorities. Local news sources have reported that Mr. Kim has passed the New York bar exam.

IPG has an active immigration practice for Korean and Chinese investors in the United States. The IPG was not involved in this present asylum matter.
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SeanHayes@ipglegal.com

South Korea to Buy Yuan-Denominated Assets

Heung-sik CHOO, director-general of the Bank of Korea (BOK) stated to Bloomberg that the BOK may purchase RMB-denominated (Chinese yuan) assets. 

The news may trigger most Asian economies to consider more investments in China-currency denominated assets. At present, the only other developed country that has announced plans to invest in RMB-denominated assets with foreign currency reserves is Japan.

The Director General noted that the BOK will begin by only investing in Chinese government bonds.  The investment is expected to be modest.

The China Daily has reported on this issue today and noted:
The BOK obtained a Qualified Foreign Institutional Investor (QFII) license in late December and has gained the approval of its counterpart, the People's Bank of China, to buy bonds, Choo was quoted by Bloomberg as saying.

The National Pension Service, the largest investor in South Korea, recently said that it received approval from China to invest in the Chinese securities market. Korea Investment Corp, the country's sovereign wealth fund, also said that it had received a QFII license.

Last month, Japanese Prime Minister Yoshihiko Noda announced plans during his visit to China to buy Chinese government bonds. Media reports said that the investment might be worth about $10 billion.

Japan's investment would be the first time that a developed economy used its foreign reserves to buy yuan-denominated assets.

Analysts said that Japan's move represented a significant step for the internationalization of the yuan, transforming it from a trade settlement currency to a reserve unit.

Chen Zhiwu, economics professor at Yale University, said that the purchase of Chinese government bonds by Japan and South Korea reflected China's increasing investment and trade relationships with the two countries.

However, Chen said, "the increasing foreign purchase of the yuan-denominated assets could put a burden on China's own huge foreign reserves.

"So it is unlikely for the yuan to become a true global reserve currency as long as China's trade surplus remains high."

The China Daily article may be found at: South Korea's Central Bank Weighs Purchase of Yuan Assets.
Will the RMB be a reserve currency?
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SeanHayes@ipglegal.com

Amendments to the Korea Trust Act of 1961

The 1961 Korea Trust Act has been criticized as being an archaic law that does not reflect generally accepted international trust standards and practices.

The revised trust law was passed to alleviate many of the problems of the old law.  The new law in Korea will come into effect in July of 2012.   The most significant changes are listed below.
  • The new Korea Trust Law allows the designation of a settlor as a trustee.  The trustee, however, will be unable to windup the trust and will be required to meet specific formalities when executing the powers as trustee.
  • The new Trust Law of Korea allows for beneficiary certificates to be issued by the trust.
  • The new law allows the the trust to issue bonds.
  • The new Korea Trust Law allows for a trust to obtain a limited liability status.  
  • The new Korea Trust Law allows for a trustee to designate a third party to manage the trust if the beneficiary approves in writing and a justifiable ground exists.
  • The new Trust Law in Korea allows for a trust to be forced to return assets that are part of a trust if the trust is being utilized simply as a tool to protect the assets from creditors.
Most of the major criticisms have been addressed, however, the application of law in Korea is often less predictable than the west, thus, we will have to see how the court and the bureaucracy interprets and applies the new Korean trust law.  
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SeanHayes@ipglegal.com

Wednesday, January 18, 2012

China Rejects North Korea Law on Developing of Two Border Islands

The tension between North Korea and China is rising.  China has rejected a proposal by North Korea to jointly develop two islands on the border of China and North Korea.  The islands are at the mouth of the Yalu River.

The islands, Hwanggumphyong and Wihwa were intended to act as a free trade zone for China manufacturers. 

The Chinese government rejected the offer because of alleged less than fair terms and possibly the insistence on the North to keep its nucleur weapons.

It is anticipated that without aide from China and South Korea, the regime would have little hard currency and, thus, would be unable to purchase crude and other foreign commodities. 
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SeanHayes@ipglegal.com