The Fog of Korea Politics & History by Tom Coyner

Korean politics often are bewildering to foreigners, who naturally compare what is observed here to what is happening in their homelands. The labels of “right” versus “left” and “conservative” versus “progressive” seem to be in conflict and, at times, even diametrically opposed. Recently, I was reminded of this when discovering my college-educated wife’s ignorance of the so-called Autumn Rebellion, or Daegu Uprising, that took place in her hometown. I found my wife’s obliviousness to her hometown’s history a bit unsettling.

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Statutes & Regulations Governing Business Combinations in Korea: Korean Mergers & Acquisitions Basics

Most business combinations in Korea take the form of share transfer, asset transfer or a share subscription. All the typical forms of combinations, in Korea, including business transfers, cash-out mergers, triangular mergers, spin-offs, and the like are available in Korea under the Korean Commercial Code. However, the difficulty in getting a deal done in Korea is, often, frustrated, because of bureaucratic uncertainty and the varying laws that govern transactions. You will find, though, that most of the least political sensitive

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International Parental Child Abduction: Korea Accedes to Hague Convention on Child Abduction

Korea has acceded to Hague Convention on the Civil Aspects of Child Abduction, however, it is advisable if you have a spouse that you believe may abduct your child and bring the child into Korea, China or another jurisdiction to: Access the Children’s Passport Issuance Alert Program (CPIAP) via report the fact of the possibility of an abduction to the Department’s Passport Lookout System.If a passport is being applied for, the Passport Lookout System should notify you. You can find

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Law of the Sea: Vessel Security

My friend over at Norwich University has some interesting stats on Article 110 of UNCLOS. While Somali incidents have dropped 95 percent to seven cases in 2013, piracy in Southeast Asia is exploding. As you may have heard, eight hundred thousand gallons of diesel was recently pilfered from a large oil tanker in the Strait of Malacca. Korea has sent ships to the region. The area is clearly the world’s new piracy hotspot. Attacks and attempts in the waters of Indonesia,

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The Death of Samsung by Tom Coyner

Recently, there has been a great deal of press about the unexpected downturns in Samsung Electronics profits. Commonly and correctly, the disappointments have been traced to increased Chinese competition. But I dare say that the Korean media has covered just half of the real story. That is, even highly respected Samsung Electronics may be caught in a Korean mentality. Consequently, it could take more time and effort than outsiders may imagine for the company to free itself to be able

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Suing the Korean Government in Court Abroad: The Ashley Madison Saga Begins

Avid Life Media is suing the Korean Government and the Korea Communications Standards Commission for blocking its Ashley Madison website in Korea in a Canadian Federal Court.  If it intends to enforce the judgment in Korea – Good Luck. Avid Life Media runs the Ashley Madison dating site.  The site motto is “Life is Short. Have an Affair.” Seemingly, the Korean Government blocked the site, since the site is believed to facilitate adultery. Avid Life Media is arguing that the

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Korea Parallel Imports: How to Protect Your Brand in Korea: The Korean Courts May not be the Answer

The Korean Courts have been very reluctant to enforce prohibitions on the imports of non-counterfeit/grey market products into the Republic of Korea.  The following case is one example. Don’t fret, proactive counsel can be utilized to assist in developing strategies to protect your brand and distributor, agent, dealer or subsidiaries business in the Korean market.  Some of the strategies are obvious and some come from the unique experience gained from doing business in Korea.    In Case No. 2009Ga Hap

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Starting a Business in South Korea

We wrote many posts on this Korean Law Blog on entering the Korean market.  However, the list is getting so large that many people have requested that we make a list of the posts that we feel are the most useful for those entering the Korean Market.  Thus, here we go.  More posts will be added to this list. Selling to Korea via Distributors, Agents & other Non-Direct Sales Channels Joint Venture/Partnerships in South Korea Test the Korean Waters and

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Liquidated Damages Clauses Upheld by Korean Courts

When drafting an agreement with a Korean party, it is, generally, advisable in a case when a breach is not easy to quantify (e.g. Damages for violation of IP Rights) to include a liquidated damages clause. Liquidate damages are monetary awards where a violation is agreed to be, at a minimum, a certain sum of money.  Thus, a liquidated damage clause may note that revealing of the intellectual property shall result in damages that will not be less than USD

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U.S. Imposes Steel Tariff on Korean Imports

An article in the Wall Street Journal notes an issue that will increase tension between the U.S. and Korea. We have handled matters against electronic companies and others leading exporters that led to the imposition of tariffs. We have worked on these issues with American law firms filing cases with the ITC. Simply, Korea companies are dumping, many, products on the U.S. market.  Dumping does not need to be the selling of products at a loss.  Korean companies, rarely, sell

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