Top Ten Mistakes of Companies Doing Business in Korea

Our law firm has been dealing in Korea with foreign clients doing business in Korea of all shapes and sizes.  Surprisingly, we see many of the same issues from our multinational clients that we see from our SME clients, thus, we drafted this post. TOP TEN ERRORS OF COMPANIES IN THE KOREA MARKET Lack of market research. Selling in China, Japan, Malaysia, Singapore etc. is vastly different than selling in Korea.  Get a good local market research study concluded by

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Finally All Criminal Cases to Be Disclosed to Public in Korea

The Korea Times has reported that all court rulings in criminal cases, starting next year, will be disclosed to the pubic in writing.  Civil cases will, all, be reported starting in 2015.  The Korea Times notes that: All courts here, including the appellate and highest courts, will be obliged to provide access for citizens to the texts of their rulings in all criminal cases via online or offline, the top court said, noting the system will be expanded to civil

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Constitutional Court of Korea Declares Internet Real-Name Online Identification System Unconstitutional

The Korean Constitutional Court, unanimously, declared Clause 5 of Article 44 of the Act on the Promotion of Information and Communication Network Utilization and Protection implemented in 2007 unconstitutional in late August of this year.  This Korean law was passed in reaction to suicides of Korean celebrities.  These celebrities were criticized online for various improprieties and alleged improprieties.  The law required, on certain websites, the logging into the website with one’s national identification number, thus, limiting the ability to speak

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There Goes the Neighborhood: Samsung “Union” Allowed to Protest in Front Of Samsung Headquarters

The Korea Times has reported that the Administrative Court in Seoul has overturned the decision of the Seoul Metropolitan Police Force to disallow a rally in front of Samsung headquarters.  The rally was to honor the memory of a Samsung Electronics employee who died of leukemia.  Samsung has been accused of using chemicals in their manufacturing processes that are harmful to the health of workers.  Some have claimed that these specific chemicals are not being used in other developed nations.

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Fines by the Korea Fair Trade Commission Increases for Abuse of Market Position and Unfair Trade Practices in Korea

The Fair Trade Commission of Korea has implemented substantial amendments to its guidelines for imposing fines on companies doing business in Korea.  The Amendments were detailed in a document the Fair Trade Commission of Korea calls the “Amendment Notice.”  This Amendment Notice comes into effect on April 1 of 2012. The Amendment Notice will likely increase the fines imposed by the Fair Trade Commission.   Prior to the Amendment Notice violations of the Monopoly Regulation and Fair Trade Act would result

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Return of Fraudulently Obtained Subsidies by Employer in Korea

The Seoul Administrative Court ruled, late in 2011, that the provision of the Enforcement Decree of the Employment Insurance Act (article 56(2)) requiring the return by an employer to the Korean government of all fraudulently obtained vocational training funds (and other like funds) collected by the Korean employer was unconstitutional (2011 gu-hap 14852).  The law required, in most cases, the return of all vocational training funds received if any funds were received fraudulently. The holding of the Administrative Court of

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Not So Free Speech over the Internet in Korea?

Evan Ramstad and R. Jai Krishna wrote a good piece for the Wall Street Journal on the freedom of speech in Korea and India. Korea has, again, begun to stricly enforce its online censorship laws. Some academics are questiong the tactics of the government: “Whoever has posted the illegal information can be held responsible that way,” said Mr. Park, who is a law professor at Korea University in Seoul. “The commission’s answer to shut down or erase the illegal information is

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Protecting the Right to Free Speech? MBC’s PD Notebook on Trial

An interesting case has worked its way through the courts on free speech in Korea.  As we all have become aware, not one human case of mad cow disease has been linked to the consumption of U.S. beef.  With the Lee Myung-Bak Administration reassurance that Mad Cow disease would not affect citizens, the Administration decided in 2008 to resume the import of U.S. beef with strict restrictions. MBC’s “PD Notebook” emphatically asserted that U.S. beef poses a risk to the

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