In July 2003, a reader in Taejon, Korea, asked Sean Hayes a straightforward question: how can a tenant protect a large rental deposit against a landlord who might refuse to return it? Hayes answered the question in a column for The Korea Herald. That article remains in The Korean Law Blog’s archives, a reminder that the publication’s roots lie in answering questions people actually bring to lawyers. Korean Law Blog. The Korean Law Blog was founded by Hayes and published by IPG Legal. The Korean Law Blog
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IPG Legal Expert Opinions on Korean Law for Foreign Courts and Law Firms
As complex cross-border litigation, arbitration, and international transactions continue to increase in Korea, foreign courts and overseas counsel are frequently required to apply or assess Korean law and the Korean legal system. In such cases, accurate and nuanced interpretation of Korean statutes, judicial precedent, and regulatory practice is essential. IPG Legal regularly works with foreign lawyers and courts to provide expert opinions on matters governed by Korean law. We often appear in court and provide legal opinions worldwide. The Role of Korean Law Expert Opinions in Cross-Border
Continue readingBBQ Chicken Franchise Sanctions by the KFTC Upheld by Korean Court: Korean Franchise Law Updates
Seoul High Court Upholds FTC Sanctions Against BBQ for Unfair Treatment of Franchisee Council Members In a recent remand trial, the Seoul High Court upheld corrective measures and fines imposed by the Fair Trade Commission of Korea (KFTC) against Genesis BBQ Co., a leading Korean BBQ Franchise. The court concluded that the franchisor engaged in unfair business practices by targeting franchisees who were involved in collective activities through the formation of a franchisee association. The court held, in short, that BBQ’s refusal to renew franchise agreements and
Continue readingGuide to Termination of a Korean Franchise Agreement under Korean Franchise Law
The most critical issues before a franchisor terminates a franchise in Korea are understanding the best practices and risks prior to terminating a franchise in Korea. IPG Legal attorneys, regrettably, see clients lacking proactive Korean legal counsel to advise on pragmatic and best-practice approaches to terminating a franchise, which, sometimes, leads to a franchisee prevailing in court and fines by the Korean Fair Trade Commission. Some noted international brands have run afoul of Korea’s franchise law and have become the scorn of the Korean FTC. A noted
Continue readingGuide to Franchising in South Korea
IPG Legal wrote the Korean chapter in the leading International Franchise Law guide to franchising. The chapter on Korean Franchise Law may be found at: Guide to ICLG’s International Franchise Law Guide (Korean Franchise Law Chapter). The below is an edited version of the original version of the Korean chapter on Korean Franchise Law. We have added Korea and South Korea to titles. For a consultation with a franchise lawyer in Korea, please Schedule a Call. For additional Franchise Law articles please see: Franchise Law Archive. 1. Relevant
Continue readingThe Enforceability of Penalty Clauses in Korean Franchise Agreements
Korean Franchise Law and Korean Franchise Jurisprudence provides protections to franchisees that may not be available in the United States, Europe, Australia, New Zealand and in South America, thus, IPG Legal drafted this blog post to inform the reader on the enforceability of Penalty Clauses in franchise agreements in Korea. IPG Legal is rated one of the leading law firms in Korea assisting franchisors entering and growing in the Korean Market. If you are interested in contacting a franchise lawyers in Korea, please: Schedule a Call with
Continue readingTop 100 Korean Lawyers & Legal Consultants in Korea
Sean Hayes, an attorney for the Top Korean Dispute Resolution Law Firm of the Year was rated by LawAsia, one of the leading peer-reviewed publications in Asia, as a Top 100 Lawyer in Korea. Sean Hayes is one of the only non-Korean attorneys on this Korean Lawyer “A-list” and the only non-Korean that was on the list each year the list was published. Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first
Continue readingDefinition of a Franchise in Korea under Korean Franchise Law and Corresponding Disclosure Requirements
A franchise, in general, in the Republic of Korea (“Korea”) is a continuous business relationship under which a Franchisor allows a franchisee to use its business marks (trademarks, service marks) to sell goods or services in accordance with certain quality standards, business methods, training and control requirements in exchange for the payment of a franchise fee (Fair Transactions in Franchise Business Act (“Franchise Act”). The Korean Fair Trade Commission and the Courts of Korea have broadly interpreted the definition to the benefit of the franchisee. The majority of
Continue readingTermination of a Franchise Agreement in Korea: Korean Franchise Law Basics
The Fair Transactions in Franchise Business Act (“Franchise Act”) and the Fair Transactions in Large Franchises and Retail Business (“LFBA”) are the major laws governing the relationship between a franchisor and a franchisee. Whereas the general provisions of the Monopoly Regulation and Fair Trade Act (MRFTA), Commercial Act and Civil Act, additionally, regulate the franchise relationship and other business relationships in Korea. For the leading guide on Korean Franchise Law see: ICLG Guide to Franchising’s Korean Law Chapter by IPG Legal. See: Definition of a Franchise in
Continue readingSouth 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 quoting Sean Hayes on the D-8 Investment Visa,
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