Selecting The Right Korean Partner by Tom Coyner

Most foreign companies in Korea, for practical reasons, must partner with a local company to market, sell and support their products and services. While once upon a time there were legal requirements to do so, now Korea has a relatively free market in this regard. Nonetheless, unless the foreign company is willing to make a very substantial investment up front, it almost always makes sense to partner. Frankly speaking, finding a Korean partner company can be ridiculously easy. Finding a

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Definition of and Obligations to Employees under Korea LSA Speech by Korean retired Judge CHEONG and Sean Hayes for AMCHAM Korea

AMERICAN CHAMBER OF COMMERCE IN KOREA SMALL & MEDIUM SIZE ENTERPRISES COMMITTEE MEETING Dear AMCHAM Members, Entrepreneurs often lack an HR professional in the early years of a business to help keep them out of legal limbo when it comes to employment law. Furthermore, as the employee number grows in the young company, new labor requirements automatically apply – often without the entrepreneur’s noticing the change. To give us an up-to-date, practical understanding of labor laws that have immediate relevancy

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Korea Rules of Employment Required When Employing Ten or More Workers in Korea

A few minutes ago, I was contacted by a new client that was advised by the  former counsel that they were not required to have employment rules.   In most cases, an employer that employs ten or more workers must have rules of employment and the rules must be filed with the Ministry of Employment and Labor. LABOR STANDARDS ACTCHAPTER Ⅸ RULES OF EMPLOYMENT Article 93 (Preparation and Report of Rules of Employment) An employer who ordinarily employs ten or more workers

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Basic Agreements for Doing Business in Korea

Below are the basic Korean start-up agreements, normally, necessary for doing business in Korea. The list is not exhaustive. We will be writing on all of these agreements over the next couple of months. Please note we have articles about Korean shareholder (JVC), distributor, license and other agreements already posted.   Korean Stock Corporation (Chusikhaesa) Shareholder Agreement/Joint Venture Agreement Article of Incorporation Intellectual Property Assignment/License Agreement Confidentiality/Nondisclosure Agreement Employees and Management in Korea Employment/Contractor Agreements Work Rules Confidentiality Agreement Korean

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Doing Business in Korea (by Tom Coyner: IPG Legal’s Senior Adviser)

IPG Legal’s Senior Business Adviser – Tom L. Coyner has published the second edition of his book on Korean business. The book is entitled “Doing Business in Korea” and may be purchased through Amazon or at most books stores in Korea. The book is highly recommended reading for anyone with business interests in Korea.  Sean Hayes has been noted as a contributor to the legal chapter of the book and considers the book a must-have for all doing business with Koreans.

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Doing Business in Asia: Due Diligence, Agreements, Attorneys and Street Smarts

International attorneys mention in blogs, speeches, journal articles and in the press, frequently, that doing business in Asia is different and much more risky than in the West. Maybe we are not getting the word out clear enough. Understand, we are not trying to sell you anything you don’t need —-LISTEN UP – Get someone who works locally to execute these deals, get a carefully drafted agreement and engage in a little due diligence. If not, we love litigation, winding-up

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Asia Risk: KIKO in Korea

Quote from the Cover Story of the May 2009 issue of Asia Risk Magazine KO-ed in Korea Sean Hayes, foreign legal consultant, says that the firm’s key arguments will all be around mis-selling. Hayes makes a point of saying that Ahnse is not a typical plaintiffs’ lawyer – the firm’s clients are often foreign companies or large banks that need to defend themselves in Korea – and he himself had misgivings about the cases when Ahnse accepted them. “When I

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Egyptian Cell Service Introduced in North Korea

I had the displeasure of visiting North Korea on a few occasions. Maybe on my next trip I will be able to use my cell phone. The Egyptian company, Orascom Telecom, announced that it is investing $400mil in North Korea to develop a 3G Mobile Network. CHEO Technologies, which is 75% owned by Orascom and 25% owned by North Korea, won a 25-year-license to operate the network. The network went online today. Orascom noted that service will be expanded to

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U.S. SOFA Korea not Reciprocal

It has been noted by my friend Brendon over at Korea Law Blog that: The Korea Times reports that in August Korean aircrews and planes will be training at Nellis AFB, Nevada for the first time. As for me, I am halfway hoping that one of the Korean military members gets into a traffic accident, or even flips out and commits some sort of crime. We are talking about servicemembers on temporary duty, so drunk driving seems the best bet.

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