Korean Small Business Partnerships/Joint Ventures: Pubs, Distributors, Exporters, Boutiques, Franchises and Basic Manufacturing etc.

Starting a small business in Korea can be enjoyable and profitable if you get the business on the right track from the start.  Too often we see those with “limited funds” (we all have limited funds -even multinationals have limited funds) choosing to forgo having the deals structured by a professional and just downloading a “partnership” agreement off the internet.  Do not be what my father likes to call President Obama – a knucklehead.  I have learned from my 13 years working in Korea (Can’t believe I have been here for 13 years), that this choice, normally, ends in either a failed business or a person contacting me with a case that, now, requires our litigation services.   I even saw cases end up in the prosecutor’s office.  The amount of money that it costs to have a professional draft these agreements, must, be considered part of the cost of

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Status of Interns Under the Korean Labor Standards Act: Employees Entitled to Severance/Minimum Wage?

Interns in Korea may be considered Employees under the Korean Labor Standards Act, thus, entitling the interns to minimum wage, severance and the numerous other protections and benefits under the Act.   The matter is having an impact on franchises, entertainment companies, and other SMEs. The, incredibly vague, Employment & Labor Ministry Guideline 826 (April 7, 2009) notes, in part, that: If a person is considered an employee under the Labor Standards Act shall be determined by considering the subordinate relations with the employer collectively – with regard to the details of job, supervision by the employer, disciplinary actions, capability to ignore work orders and the type of wages paid, etc.  In cases when students provide work to an employer to gain academic credit with no promise to hire via a academic-industrial cooperation agreement, even though the agreement contains working hours, a stipend, social insurances, etc. the students are, generally,

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Sean Hayes Attends American Bar Association’s Forum on Franchising

IPG has one of the leading practices in Franchise and Distribution in Asia.  Sean Hayes will attend the American Bar Association’s Forum on Franchising. From the event’s brochure: Welcome to the 36th Annual forum on Franchising at the Rosen Shingle Creek Resort in Orlando, Florida on October 16-18, 2013. Starting on Wednesday, October 16, highly-experienced franchise attorneys will present Fundamentals of Franchising, the finest course available on the basics of franchise law.  Two additional five-hour intensive programs will also be offered: an in-depth program on the theory and practice of mediating a franchise dispute, and Fundamentals of International Franchising, featuring experienced practitioners from both sides of the pond. On Thursday and Friday, twenty-four engaging, unparalleled workshops cover a variety of legal developments and business challenges facing the franchise industry.  Make sure to attend outstanding plenary sessions, including the popular Annual Developments, a survey of the key cases and decisions in

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