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 Standards
Continue readingAuthor: Sean Hayes
Sean Hayes is the first non-Korean employed as a foreign attorney by the Korean Court System (Constitutional Court of Korea) and one of the first non-Koreans to be a full-time regular member of a Korean law faculty. He is rated a Top Attorney by numerous legal rating agencies and is known for his street-smart advice, candor and aggressive & non-conflicted advocacy.
Sean has been quoted by The New York Times, The Wall Street Journal, Bloomberg, CNN, Money Today, US Today, The Korea Times, The Korea Herald, France 24, Asia Legal Business and other leading news sources.
IPG was, recently, rated a top Dispute Resolution Law Firm and Sean a Top 100 Lawyer for International Law.
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 readingDo 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 the
Continue readingKorean 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 & Distribution
Continue reading14 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 and
Continue readingFiling 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 scope
Continue readingForming 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 to
Continue readingSteps 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 sure
Continue readingTop 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 not
Continue readingIPG 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 business
Continue readingIntroduction 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 Korean
Continue readingWhat 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 with
Continue readingKorea’s First Comprehensive Legal Code: Joseon Sijeong Uigwe
The Joseon Sijeong Uigwe, a 1,893 volume legal code, is a comprehensive set of laws, regulations and rules that were developed during Korea’s Joseon Dynasty. IPG Legal shall be writing more on Korean history over the next couple of months in order to add to the body of knowledge available in the English language. Little information is available in the English language on the history of the Korean legal system. Hopefully, these articles can spark the interest of some readers
Continue readingDetention of Criminal Suspects in Korea under Korea’s Criminal Procedure Law
The Korean Criminal Justice System works, in many aspects, very differently from the American, Australian, Canadian, Irish, UK and other Criminal Justice Systems based on the common law. One, notable, difference is in regard to the detention of a suspect prior and during to a trial/hearing in Korea. One aspect of the system that leaves many of our clients puzzled is the pre-trial detention system in Korea. Korea’s Criminal Procedure Act, Article 92 details the maximum detention periods while the
Continue readingAppointment of a Guardian in Korea
Those abroad or in Korea frequently struggle to comprehend how to safeguard their elderly parents, or family members who are residing in Korea. Don’t fret, a system is in place in Korea to assist families in need. Korean Guardianship Law was revised to meet the growing need for guardians in Korea. For a list of the type of Guardians in Korea please see: The Formalities under the Guardian Law of Korea The need for adult guardianship among seniors residing in
Continue readingIPG Legal’s Korean Commercial Law Practice
IPG Legal is a prominent client-focused law firm with its Korean Office based in Seoul, South Korea. IPG Legal’s Commercial Law Practice provides legal services to individuals and businesses. IPG Legal’s Commercial Law Practice is widely recognized as a leading law practice in South Korea based on its numerous ratings in legal rating services and its reputation in the legal community. A U.S. lawyer working for IPG Legal, Sean Hayes, was rated in Asia Business Law Journal’s Top 100. IPG
Continue readingLength of Sentences for Korean Crimes Perpetrated in Korea
The length of sentences for crimes in Korea varies depending on the severity of the offense, capabilities of your Korean lawyer and the discretion of the judge. The most important aspect of defending against a crime in Korea is the choice of your Korean criminal criminal defense attorneys. Also, make sure your lawyer in Korea has handled issues concerning Immigration if you are an expat. Sentences for Major Crimes in Korea It is important to note that these are general
Continue readingWhat are the Main Imports into Korea? (Exporting to Korea)
Korea is one of the world’s largest importers of goods and services in the world. Opportunities for exporters to Korea abound. IPG Legal, a top-rated international law firm, assists companies exporting to and doing business with Korean companies. IPG Legal works on projects in North America, Korea, China and throughout Southeast Asia. Contact Us. To learn about Korea’s largest exports please see: Largest Exports from Korea to the World Top 20 Exports to Korea Korea is ranked as one the
Continue readingMergers & Acquisitions in The Korean E-Commerce Market: Opportunities for Foreign Niche E-Commerce Sites
First-generation Korean e-commerce enterprises are currently working to integrate recently acquired businesses and create new business prospects in the fiercely competitive E-commerce market of Korea. Last month, Korea Center, the owner of Enuri.com, the nation’s oldest online shopping mall and Danawa, another local e-commerce business, merged. In order to increase their ability to compete in the market, the two businesses intend to operate their e-commerce platforms independently while eventually building an integrated system forthe analysis of online shopping data. The
Continue readingForce Majeure Jurisprudence in the Republic of Korea
Korea has recently been affected by typhoons and severe flooding caused by the heaviest rainfall in centuries. These issues led to the loss of life, property, business and the livelihood of many individuals. Many alleged defaulting/breaching parties to an agreement have claimed Force Majeure as a defense to non-performance of contractual obligations. A Korean court recognized Force Majeure Event offers relief to the alleged defaulting/breaching party, in Korea, if the party fulfils the legal requirements noted below. Force Majeure Defined
Continue reading
You must be logged in to post a comment.