Many non-Korean workers for Korean and international companies doing business in Korea are hired under the title Director. Many of these workers are, in reality, executive employees working as executive-level managers. Many of these workers are “employees” under the Korean Labor Standards with all of the protections afforded employees. For an article on the dismissal of Foreign Executives in Korea please see: Unfair Dismissal of Foreign Executives under Korean Term Contracts and Dismissal of Employees in Korea. Korean Labor StandardsContinue reading
The Korean Law Blog by IPG Legal
Updates on Korean Law, Korean Legal System, Law Firms and Doing Business in Korea by Korean and Foreign English-Speaking Lawyers and Business Professionals in Korea. IPG Legal is a Top-Rated Client-Centered International Law Firm.
Non-Compete Clauses in Korean Employment Agreements and Korean Business Sales Agreements
Non-compete clauses in Korean employment contracts are enforceable in Korea, but there are some limitations and requirements that must be met for them to be regarded as lawful and, thus, enforceable. A Non-Compete Clause is a type of restrictive covenant that is designed to protect the business of an employer from competition from a particular party. These clauses are, typically, utilized after the completion of the sale of a business or after termination of employment. The following article shall, specifically,Continue reading
Do you Need to Enter the Korean Market via a Joint Venture/Partnership?
One of the major parts of our law practice here at IPG Legal for international clients, in Korea, is the structuring of joint ventures and the resolution of joint venture disputes in Korean courts and through arbitration. I find, in many of these cases, the non-Korean party is not in need of a joint venture with a a Korean party to succeed in Korea and the Korean party does not realize or has no intent in satisfying obligations under theContinue reading
Korean Jurisdictional and Choice of Law Issues in Commercial Agency & Distributor Agreements with Korean-based Agents & Distributors
In drafting and negotiating a Korean commercial agency agreement between a principal located in one country and an agent located in Korea, proper consideration needs to be given to the choices regarding the governing law and jurisdiction of such agreement. If you are looking for an article on choice of law issues in Korean employment disputes, please see: Choice of Law Issues in Korean Employment Law Disputes. If you are looking for a basic overview of Korean Agency & DistributionContinue reading
14 Things to Consider Before Starting a Manufacturing Business in South Korea
Korea, in many cases, is a better choice for the manufacturing of chemical, petroleum, construction equipment, complex crafted metals, specialty steel, automotive parts, semi-conductor, medical and pharmaceutical equipment and goods than China and most nations in Asia, because of Korea’s skilled work force, government incentives, protection of IP and increasingly transparent business practices. In many cases, manufacturing in Korea will not, in the end, be more costly than manufacturing in China, because of the increased efficiency of Korean workers andContinue reading
Getting a Divorce in South Korea as a Foreigner (Korean Divorce Law)
Seeking a Korean divorce and navigating the Korean legal system can be emotionally challenging, even more so if of you’re a foreigner in Korea. IPG Legal has assisted numerous foreigners and local Korean clients at the Seoul Family Court and others courts in Korea in order to obtain a divorce for foreigners in Korea. We have, also, handled numerous child custody, asset division, and abduction cases for clients living in Korea or residing abroad. There are several things to considerContinue reading
Filing a Petition to a Korean Ministry of Employment & Labor’s Labor Office in South Korea
Filing a petition to the Korean Labor Office in Korea in your area is the first step for some employees in Korea who assert that their labor rights under Korean Labor Law are violated. In many cases, it is advisable to not file with the Ministry of Employment & Labor’s (MOEL) Labor Office, but file, directly, to a Korean District Court. This discussion of the proper forum for a dispute in a Korean labor law case is beyond the scopeContinue reading
South Korea Offers a Variety of Business Visas for those Wishing to Conduct Business in Korea
South Korea offers several types of business visas for foreign nationals who want to conduct business activities in the country. These include the D-7 (Investor/Business Manager) Visa, D-8 (Corporate Investment) Visa, and D-9 (International Trade and Investment) Visa, among others. Each type of visa has its own eligibility requirements and conditions, and applicants must provide proof of their business plans and financial ability in order to obtain the specific visa. Korea’s visa laws are, often, changing. For an article quotingContinue reading
Are you a victim of a Scam in Korea? Filing a Civil and Criminal Complaint in Korea Against a Fraudster.
Being scammed or falling into a trap by fraudsters or scammers is one of the biggest nightmares for anyone. Unfortunately, it can happen to the best of us, but what you do afterwards is what sets you apart from others. You can take a legal action against your perpetrator in Korea and your case would either fall under the category of a civil case and/or a criminal case depending on the matter. In most cases, we believe it is advisableContinue reading
Forming a Joint Venture in Korea? Beware a Common Pitfall
A client, a minority shareholder in a foreign-capital invested company in Korea is involved in litigation with other company shareholders (Korean shareholders) over issues the client had with the majority and other shareholders. The client requested me to post this article to warn others entering the Korean market via a Joint Venture or similar arrangement. This article is note intended to discourage entering the Korean market via a joint venture. JVs in Korea are, often, beneficial for businesses looking toContinue reading
Steps to Set up a Business in South Korea
Setting up a corporate entity in South Korea involves several steps and can be complex. If you are setting up a Korean venture between multiple parties or corporations make sure you have a carefully and custom drafted Korean shareholder agreement, bylaws, articles of incorporation, employment agreements, employment rules, vendor agreements and you have the basic systems and processes in place to help insure working shareholder and employee compliance. Even if you are the, only, shareholder in the company make sureContinue reading
Why you Should Setup a Corporation in South Korea?
IPG Legal has assisted clients in the process of setting up a corporate entity in South Korea. Yes, it can be complex and time-consuming, but getting started on the right food is, often, the most important part to a successful business in Korea. For a list of corporate forms in Korea, please see: Korean Corporate Forms under the Korean Commercial Code. It is advisable to seek, in all but the most exceptional of cases, the assistance of a law firmContinue reading
Top 10 Business Opportunities for Entrepreneurs in Korea
IPG Legal and I have been helping Korean entrepreneurs and businesses navigate the Korean business climate for over two decades. I have seen my share of successful businesses and my share of failed business. With the right management, a deep understanding of the Korean market, a good local guide and some street smarts the following Korean industries are ripe with opportunities. The following is my list of the top Korean businesses for Entrepreneurs in Korea for 2023. This is notContinue reading
IPG Legal’s Firm Profile on ChatGPT (Open AI)
IPG Legal is an international law firm headquartered in Seoul, South Korea, that provides a range of legal services to domestic and international clients. The firm was founded in 2007 and is composed of experienced attorneys with expertise in various areas of Korean and international law, including corporate law, intellectual property law, international trade law, labor & employment law, family law, estate law, tax law, securities law, criminal defense and dispute resolution. IPG Legal’s services include advising clients on businessContinue reading
Legal Document Service in Korea via Hague Service Convention
The Hague Service Convention, also known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, is an international treaty that provides for the service of judicial and extrajudicial documents between countries. South Korea is a signatory to the Hague Service Convention, which means that documents must be served between South Korea and other signatory countries according to the provisions of the Convention. For another related article please see: Enforcement of Foreign JudgmentsContinue reading
Attorney Lee from IPG Legal in the news!
The Korea Times recently featured Attorney Seul-ki Lee of IPG Legal in a news article, and for all the right reasons. Attorney Lee is one of the the legal representative of Mr. Arnold Samberg at IPG Legal. Mr. Samberg is a retired US Airforce sergeant who met with an unfortunate tragedy three years ago when is was shot by a Korean police officer. He seeks justice and closure from the Korean Police, who have dragged this case on for farContinue reading
Proposed Amendments to the Monopoly Regulation and Fair Trade Law: 2023
Proposed Amendments to the Monopoly Regulation and Fair Trade Law: Extending Merger Notification Exemptions and Adding a Voluntary Commitment System. The Monopoly Regulation and Fair Trade Act (MRFTA) is being revised, and the Korea Fair Trade Commission (KFTC) has released an advance notice of these proposed changes, which include, among other things, (i) expanding merger notification exemptions; and (ii) introducing commitment processes for merger control. (the “Proposed Revisions”). The KFTC will solicit and compile feedback on the Proposed Revisions duringContinue reading
Introduction to the History of the Korean Legal System
The legal system of the Republic of Korea developed over 1000s of years. The early years of Korean history, the legal system of Korea was based, nearly entirely, on the principles of Confucianism, which emphasized the importance of moral principles, hierarchy, the power of the king and social order. Confucianism still plays a role in Korean society and the legal system to this day. Three Kingdoms Period (57 BC to c. 668 AD) During the Three Kingdoms Period of KoreanContinue reading
Korean Electronic Travel Application (K- ETA) Explained
K-ETA (Korea Electronic Travel Authorization) is an online electronic travel authorization for travelers without a visa to Korea that can be obtained prior to entering the Republic of Korea (ROK) for leisure, business, or to visit family (except for profit-making projects). If you are planning to visit South Korea and want to apply for the K-ETA, you can visit the official K-ETA website or its mobile application and submit an application on your own behalf or on behalf of anotherContinue reading
What are the Largest Exports from Korea?
South Korea is an export-focused economy with a growing local service sector. Korea is one of the Top 10 largest economies in the world. IPG Legal is a leading internationally-facing law firm in Korea assisting companies entering and doing business with Korean companies. We work with clients on matters in North America, Korea, China and throughout Southeast Asia. Korea’s Top Exports Some of the largest exports from Korea include: Korea is a country whose economy relies heavily on exports withContinue reading
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