South Korea Investment in the Irish Horse Industry

Great news for the Korean and Irish Horse Business.  The Irish Times reports that Korea is to buy Connemara ponies for use in South Korea. The articles notes, in part, that: “As regards South Korea, ITM expects its buyers to be active at the prestigious yearling sales at the end of September. Until now, they have largely restricted themselves to American auctions. It is a belief shared by Pádraic Heanue, manager of the Clifden-based Connemara Pony Sales, which has experienced a surge in Korean interest this year. In February, a delegation including Professor Kim arrived and toured a number of pony breeders before exporting 27 for a Korean breeding programme.  Selected for their temperament and suitability to the Korean landscape, the ponies have surpassed expectations and further purchases are expected in November. “This has kicked off a new venture for Asian countries [and] there have been one or two more

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Internship Available at Law Firm in Seoul, Korea

We are looking for a dedicated intern that will work either P/T or F/T.  We are paying a decent stipend. Requirements College Student or Recent Grad. Ability to communicate in English. Tech Savvy. Ability to commit to working for three months.   Ability to work with a team of Korean and American lawyers. Fun atmosphere and you will get real work assignments.   You will not be doing legal work. Most assignments with relate to marketing and PR.   ___Sean Hayes may be contacted at: [email protected] Sean is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.  Sean

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Korean Law in English Online

The Korean Legislative Research Institute translated many of Korea’s key pieces of legislation including the Civil Act, Commercial Act, Franchise Act and Criminal Act of Korea into English. The translations are decent, but far from perfect.  Don’t rely on these translations as an authoritative translation of these Korean statutes.  Please consult with an attorney prior to relying on these laws.   Please find the website, in English, of the Korean Legislative Research Institute HERE.___Sean Hayes may be contacted at: [email protected] Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw. Sean’s profile may be found at: Sean

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South Korean Economy May be in a Slow Decline: Sign of M & A Increase in Korea?

According to a report released by Statistics Korea this week, South Korea’s factory output has dropped a disappointing 2.8 percent from a year earlier in April – worse than the estimated 1.3 percent decline that had been predicted by economists. The figure is released as the South Korean won posted its worst monthly decline since July 2015. Production of electronic components fell 12.7 percent from a year ago, while output of cars and machinery dropped 8.7 percent and 9.5 percent, respectively. “The negative factory output data trend shows that the foundations of growth are weak,” says Suh Dae Il, an economist at Mirae Asset Daewoo Securities. An inventory-to-shipment ratio of 124.2% is a concerning sign of weak export demand, as manufacturers stockpile unsold goods at warehouses. Worryingly, exports have been in continual decline for the last 16 months. Weak demand has left factory activity low across Asia, as the region’s

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Happy St. Patrick’s Day from IPG Legal

All of us here at IPG Legal would like to wish you the most Happy St. Patrick’s Day.  St. Patrick’s Day is a special time of the year for the Irish diaspora, the Irish at home and for those interested in some craic (Irish world, broadly, for fun). We wish you a safe and happy St. Patrick’s Day.   ___Sean Hayes may be contacted at: [email protected] Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw. Sean’s profile may be found at: Sean C. Hayes (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not

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Merry Christmas & Happy Holidays from IPG Legal

___Sean Hayes may be contacted at: [email protected] Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw. Sean’s profile may be found at: Sean C. Hayes (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not duplicate any content on this blog without the express written permission of the author. [email protected]

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Happy Thanksgiving from IPG Legal: Join Us for Thanksgiving

For the Thanksgiving Holiday we are assisting in the sponsoring and hosting of a Charity Dinner and Auction with the Planet Hustle entertainment company. I will being giving a short speech with a Q & A, we will have some interesting auction items and of course we will have a traditional American Thanksgiving dinner with Turkey and the works.  You are, also, all invited to an After Party hosted by Planet Hustle. Details of the event can be found below: ___Sean Hayes may be contacted at: [email protected] Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by

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IPG’s Representative Clients & Matters

Representative Clients & MattersAll of our teams are lead by either retired judges, retired prosecutors or former international law firm attorneys. Korean Civil Litigation Team: Successful resolution of a Korean Customs and Tax Audit for a major international chemical company. Assisted a major international law firm in the resolution of trade dispute concerning the dumping allegations by a Fortune 500 American company against a Fortune 500 Korean company.  Resolved a dispute between an Austrian automotive parts manufacturer and a leading Korean conglomerate.  Successful settlement of a USD 28 million breach of contract in Korea against a major Korean conglomerate. Successful arbitration award for a subcontractor against a leading Korean general contractor. Korean Corporate Law & Compliance Team:  Successful entry of a Fortune 500 e-commerce site into the Korean market.  Consulted on licensing, joint venture and regulatory compliance issues for an American real estate developer’s shopping mall joint venture in Korea. 

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Global Innovation Index: Korea Scores 14th in World

The Republic of Korea ranked 14th in the world behind Asian rivals Singapore and Hong Kong. The top of the list, includes Switzerland, the U.K. Sweden, Netherlands and the United States. The Global Innovation Index is published by the World Intellectual Property Organization, INSEAD and Cornell University. Korea received high marks in the: Human Capital & Research; Knowledge & Technology Output; and the Infrastructure main categories.  Specifically, Korea received high marks in: Ease of Resolving Bankruptcies; Tertiary Education Enrollments; R & D Expenditures; Information & Communications Technologies; Knowledge Creation; Stock Market Valuation; and GERD sub-categories. The GII is calculated by an average of the Innovation Input Sub-Index and the Innovation Output Sub-Index.  The index includes 79 “indicators.”  The index produces a raw score that is then weighted by country. Korea received low marks in the: Regulatory Environment, Institutions; Creative Outputs; and Business Sophistication main categories.  Specifically, Korea received low marks

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The Korean Law Blog Nominated for Best Law Blog Award

The Expert Institute has nominated The Korean Law Blog as one of the Best Law Blogs. We were nominated in the category of Commercial Litigation.  If we get enough votes we will win a little award.  In order to vote for the The Korean Law Blog as one of the best Legal Blogs please click: The Expert Institute and scroll down to The Korean Law Blog. We, sincerly, thank you for your support.  [email protected] (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not duplicate any content on this blog without the express written permission of the author. [email protected]

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Korea Needs a Rugby Team: Sports as a Driving Force for Economic Growth in Advanced Economies like Korea by Daniel Gardner

It’s difficult to understand the relationship Americans have with their football team, there is some religious transcendence in playing with a pig skin every Sunday. When I say football I do mean the NFL and not the round ball kind. My senior colleague recently introduced me to to the intricacies of American football – The NFL, as an Australian I am still learning the ropes. The NFL is taking on a little more global significance as a rugby league player from Australia was included in the playing roster of the San Francisco 49er’s over the weekend. Its significant for a couple of reasons – he was a player who dominated rugby league in Australia and he had never played NFL before. Through his success, Australia is being promoted again in mainstream US media. With the World Cup less than two weeks away the global focus is shifting towards rugby. Korea

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Korea’s Cyber Defamation Law: Basics of Libel and Slander in Korea

The crime of defamation, in South Korea, is vastly different from defamation laws in many Western countries. Most Western countries have, only, civil liability for defamation and much stricter requirements even for civil liability. In the United States, the alleged defamation (civil) against a person must be a false statement.  The truth is a complete defense. Owing to the First Amendment’s protection on free speech (New York Times vs. Sullivan), additional requirements may also apply, such as requiring the statement to have been made maliciously (knowledge that the statement was false or reckless disregard for the truth), while the truth is an absolute defense. However, in South Korea, people may be held civilly liable and may be criminally punished even for a true statement.  The Korean criminal law, in question, may be punished under the following clause in Korea’s Criminal Law and other clauses and laws.  Article 70 (Penal Provisions) (1)

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Migrant Worker Labor Union Denied Registration in Korea

South Korea’s first labor union for migrant laborers, Migrants’ Trade Union (MTU) has, recently, been denied registry with Korea’s labor authorities for a second time. In 2005, the MTU sued the Korean government to gain legal recognition.  Last month, 10 years after their lawsuit began, the Korean Supreme Court released a landmark ruling that declared that all workers, regardless of their legal status, have the right to unionize in South Korea. The MTU is a controversial issue, in Korea, due to the fact that a large percentage of its members are alleged to be illegal immigrants. Although the Supreme Court has cleared the way for the recognition of their legal status, the union’s application to the Ministry of Employment and Labor was rejected two times. A lawyer for the Ministry stated that the application was rejected the first time because the Union’s rules advocate “legalizing illegal workers” and that “such

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Tax Incentives May Decrease for Foreign Companies doing Business in Korea: Tax Law Updates

The Office of the Prime Minister’s Korea Institute of Public Finance held an interesting public hearing with the Korean Ministry of Strategy and Finance.  The public hearing was held to address, in part, changes to tax incentives for foreign businesses. The major reforms being considered are the: Elimination of tax incentives for foreign companies owned by a foreign-capital invested company with 10% Korean ownership; Reduction of a 7-year tax incentive for those investing in a free economic zone to 5-years. (We, strongly, advise filing, quickly, your application for an exemption.  Under Article 121-2 of the Special Tax Treatment Control Law, the grant of an incentive is available up until three years from the date of the decision to grant the incentive.) Increase of incentives for certain service sector business that have increased employment in Korea. The first two proposals may have a substantial negative impact on investment in Korea.  A

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Google Korea Faces New Lawsuit over Data-sharing Concerns: New Technology Company Challenges in Korea

According to a new article in the Korea Times, civic activists have just filed a complaint with the Korea Communications Commission (KCC) on July 6th asking for a temporary halt to Google Korea’s business in South Korea due to alleged violations of Korea’s Telecommunications Business Law. Google Korea originally registered with the Korean government as a “value-added common carrier,” meaning that the company only provides search services and internet advertisement services. However, the civil activists are now claiming that either Google or Google Korea has made false declarations about being a value-added common carrier, and are now pressuring Google Korea to disclose whether it has shared the personal information of its users with third parties. Last year, four Korean civic groups (Citizens’ Coalition for Economic Justice, the Korea Progressive Network Center, Amnesty International’s Korean Chapter, and Citizen Action) also filed a lawsuit against Google Korea alleging that Google Korea has

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Korean Intellectual Property Protection Strategies in Korea: Trademark Law Korea

The ABA Section of Intellectual Property Law Landslide Magazine (May/June 2015) has an excellent article entitled: Trademark Tips: Seven Experts Share Their Secrets. Ashly Boeshe wrote a great comment that is essential for protecting your IP in Asia.  Ashly notes, in part, that: “Trademark owners should take a global perspective when protecting their brands.  Whether advertising their products or services online or manufacturing products in a foreign country, trademark owners should not only consider seeking trademark protection in their key markets, but also in countries where infringement runs rampant and relief may be difficult to come by. Unlike the United States where trademark rights are obtained through use, several other major economic markets are civil code or “first to file” countries.  In these jurisdictions, trademark rights do not commence with use, but rather are granted to the first person or entity to file a trademark application or obtain a trademark

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Should I Cancel my Business Trip to Korea because of MERS?

We have a number of clients visiting us over the next few weeks and many have asked if the MERS situation is serious enough to cancel their planned trips.  Our Firm has no attorney that is seriously concerned about catching MERS.  We do, however, take basic precautions such as using hand sanitizers, washing our hands frequently and not touching our faces.  Some staff have chosen to wear surgical masks.  I am taking a flight to Hong Kong this weekend and I am, also, not worried about flying.  The Wall Street Journal, quoting the Ministry of Health of Korea, has noted that, only, the seriously ill being treated at hospitals for illness unrelated to MERS have died from MERS:  Korea’s MERS Outbreak.  This, fact, is the major reason we are not concerned.  We, think, we are all healthy.  Please note, we have the same information that you have.  We are not

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Being An Expat Dad in Korea: Yes – Not a Law Article Today

The following post is not on law, but it is from one of our commercial advisers and it is one of the best articles I have read from the Korea Times for a long long time (hey since I wrote for the Korea Times) Being an expat dad in Korea is one of the toughest jobs. And parenting is not something that we talk about enough or get the chance to. We all have had this situation at some point. Sitting on the couch on a Sunday afternoon this warm spring, drinking an ice-cold imported beer you bought at the local mart and your wife blurts out, “see, you need to be more like the dads on television.” The thing is, you can never be truly prepared for being a dad, just one day you are in the game. I never asked my dad how he did it, he just

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Korean Journalism and the Comfort Woman Issue by Tom Coyner

One of the reasons why I stick around Asia after so many years is because there are so many things I can discover about what I don’t know. And there matters that I already do know, only to realize that I failed to take them into adequate consideration. A very prominent case in point has been my rejected column and the invited feedback from KER subscribers. Thanks to everyone, and even to my newspaper editor for rejecting the piece. Why so? Let me try to explain. First, there is so much misinformation on the military prostitutes or comfort women in the Korean and Vietnamese wars that it makes one’s head spin. The lack of clarity comes down to a couple, easily identifiable factors. Namely, almost everyone publicly involved in these issues have hidden addenda. Secondly, Korean journalistic standards, including fact checking, are loose, to put it nicely. Third, while identification

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Legal Hackers Korea First Meet Up Held in Seoul

The first Meet Up of Legal Hackers was a great success.  We held the first Meet Up at JR BBQ in Itaewon.  A group of passionate entrepreneurs, lawyers and technologists go together and discussed the shutdown of Uber in Korea.  The event was sponsored by IPG Legal. We decided, after a three hour meeting (and a few drinks), to share thoughts on how to manage this group via the Legal Hackers Meet Up group site.  We, also, decided that each group will either have a group member make a presentation on a topic or we will have a guest speaker.  We have not scheduled the next Meet Up yet.  Likely, the next Meet Up of Legal Hackers will occur in early May 2015.   To view the Meetup Page of Legal Hackers please visit: Korea Legal Hackers.  ___Sean Hayes may be contacted at: [email protected] Sean Hayes is co-chair of the

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