Heartiest congratulations to Attorney Sean Hayes for being recognized as one of the top 100 lawyers in South Korea by the Asia Business Law Journal. It’s a great achievement to be listed twice in their Top 100 lawyers report and it’s a testament to his excellent work for clients in the country. The A-List report is available online for those interested. Attorney Sean Hayes has a broad range of experience. He is the head of a highly regarded dispute resolution
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Finding a Korean Lawyer/Law Firm for your Business in Korea
We obtain numerous emails and calls from potential clients in search of a great Korean lawyer for companies doing business in Korea. The majority of these intakes come from referrals from present clients, referrals from other lawyers and a couple trickle in via this blog. From our contacts, we believe that many businesses in Korea are having a difficult finding attorneys in Korea that have business savvy, the ability to efficiently work for the client and/or an inability to handle
Continue readingDistribution Agreement in Korea: Factors to Always Keep in Mind
Prior to going into any relationship with a distributor/agent in Korea, please read my post entitled: Finding a Korean Distributor: The Top 10 Things to Know Before Going to Bed with a Distributor in Korea. Please read that post in combination with this post, prior to engaging a distributor. We see too many distribution agreements that are mere spun U.S. distribution or agent agreements. Please have your distribution agreement and all agreements you have in Korea drafted by an experienced
Continue readingTerminate/Layoff an Employee in Korea: Terminating an Employee in Korea
The Korean Labor Standards Act mandates that employees under “contract” or “regular employees” may only be terminated for “justifiable reason attributable” to the employee or “urgent managerial necessity” after the completion of the employee’s probationary period. Both Korean employment law standards are, often, difficult for an employer to meet without the professional structuring of HR policies and procedures and a nuanced approach to termination of employees in Korea. We strongly recommend, prior to even considering firing or laying off Korean
Continue readingKorean Tax Risk of Foreign Corporation Deemed “Actual Business Management Locale” within Korea: Korea Tax Law Basics
Foreign corporations, doing business in Korea, may be deemed local corporations subject to taxation on worldwide income if the foreign-incorporated company is deemed a Korean “domestic corporation” for Korean tax purposes. This liaison-office Korean Tax Risk can, thus, lead to taxes on worldwide income, a tax audit and even criminal sanctions against those operating in Korea. We have dealt with matters were employees, even, received exit bans. Thus, in most cases the establishment of a local Korean corporation is essential
Continue reading[News] Ex-governor Found Guilty and Sentenced for Rape
The Supreme Court reached a consensus for former South Chungcheong Province Governor An Hee-jung’s sentence for raping his female assistant, in the nation’s most noteworthy profile #Metoo movement scandal. The Supreme Court on September 9, 2019 confirmed that An Hee-Jung should serve a 3 ½ year prison sentence for his crime against his secretary. The Supreme Court stated that “The victim’s testimony is deemed credible given that it is consistent and very detailed without parts that are inconsistent.” The Supreme
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