Weekly Korean Legal News from International Law Firm – IPG Legal

Last Week’s Korean Legal News Reported by the Media  Korea’s Top 30 Business Groups Locked High Stakes Legal Battle  North Korea Agrees to ‘Consider’ UN Recommendations on Human Rights  Seoul City Vows More Support for Foreign Residents  SM Entertainment, Baidu Join Hands to Promote ‘Legal’ Music Downloads  One Year Later, Sexual Assault Case Stuck in its Tracks   Tip-off of Ferry Tragedy Raid Probed  More Employees of Operator of Doomed Ferry Arrested Most Recent Posts from The Korean Law Blog  Verdict in latest Samsung/Apple Courtroom Battle  Adultury in Korea: Suspended Sentences Under Korean Law  Derivative/Shareholder Suits in Korea: Corporate Governance in Korea  Choice of Law Issues in Employment Disputes in Korea  Establishment of the Korea Law Center at Berkeley Law  The Power of Samsung in Korea: Ways to Protect your Business from the Powers to Be in Korea The Irish’s Gift to the World by Senior Advisor to IPG: No not

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Establishment of the Korea Law Center at Berkeley Law

Berkeley Law has announced the establishment of a Korea Law Center.  An event to celebrate the establishment of the Korea Law Center will be held tomorrow.  Details are below. *Date: April 18, 2014*Venue: Chevron Auditorium, International House, UC Berkeley** Speakers:Justice Chang Soo Yang, Supreme Court of KoreaJustice Jinsung Lee, Constitutional Court of KoreaDong-man Han, Consul General, Korean Ministry of Foreign AffairsWon Kyou Ryou, Partner, Lee & Ko, President of the Berkeley Club of KoreaKenneth Korea, Vice President & Head of US IP Center (Silicon Valley),Samsung ElectronicsLee Cheng, Chief Legal Officer, Corporate Secretary, SVP, Newegg.comDuane Valz, Senior Patent Counsel, GoogleHongsun Yoon, Senior Intellectual Property Counsel, LG ElectronicsSang Jo Jong, Dean and Professor, Seoul National University, School of LawDaikwon Choi, Seoul National University, School of LawHongsik Cho, Seoul National University, School of LawKuk Cho, Seoul National University, School of LawJibong Lim, Sogang University Law SchoolJaewan Park, Hanyang University School of LawSangwon Lee,

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The Irish’s Gift to the World by Senior Advisor to IPG: No not Guinness

Tom Coyner posted another very interesting piece in the Korean Joonang Daily on the history of St. Patrick and his holiday.  The article in the Korea Joonang Daily notes, in part, that: “While Ireland’s national holiday up through the mid-20th century was a relatively quiet day at church, the Irish diaspora around the world was meanwhile turning the day into something quite else. On St. Patrick’s Day, 1762, Irish soldiers stationed in New York City organized a march with the shamrock clovers in their lapels to differentiate themselves from other British troops. The notion struck the expatriate Irish so well that it eventually became a tradition for St. Patrick’s Day parades elsewhere. Eventually, the parade tradition spread throughout the United States and Canada. Eventually the notion expanded to other major destinations of Irish emigrants.” For more information on a great Irish-American tradition that spread throughout the world please see Tom’s

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Weekly Korean Legal News from International Law Firm – IPG Legal

This Week’s Korean Legal News Reported by the Media Tears and joy as separated families reunite LG wins battle against patent troll in U.S. Seoul urges Japan to stop attempts to whitewash wartime sexual enslavement KB loses big on Kazakh bank stake No more ‘parachuted’ CEOs at state firms Google expands ad market presence Hyundai to boost sale of fashion items Most Recent Posts from The Korean Law Blog Korea’s U-Turn Program: Enticing Korean Companies to Return to Korea – Will it work? Korean Start-up Visa: First Visa Issued to Korean American Entrepreneur Seniority-based Promotions being Replaced by Merit-based Promotions in Korea Ordinary Wages and the Principle of Good Faith in Korea: How long should the principle be applied to Korean CBA? Playing by Local and/or International Rules in Korea by Tom Coyner Public Defenders in Korea: 77.6% of Defendants Satisfied with Public Defenders Mandatory Retirement Age of 60 may

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Weekly Korean Legal News from International Law Firm – IPG Legal

This Week’s Korean Legal News Reported by the Media Kerry calls for better Korea-Japan ties Barack Obama to visit Korea in April Korea vows to ensure family reunions in talks with N. Korea Housing market shows signs of upturn Schindler may seek Hyundai takeover KT exports security systems to Angola GM’s restructuring chief visiting Seoul Most Recent Posts from The Korean Law Blog Seniority-based Promotions being Replaced by Merit-based Promotions in Korea “Ordinary Wages” Under Korean Labor Law Clarified by the Supreme Court: “Regular, Uniform & Flat” Definition Playing by Local and/or International Rules in Korea by Tom Coyner Ordinary Wages and the Principle of Good Faith in Korea: How long should the principle be applied to Korean CBA? Public Defenders in Korea: 77.6% of Defendants Satisfied with Public Defenders Korean Start-up Visa: First Visa Issued to Korean American Entrepreneur Mandatory Retirement Age of 60 may be Mandatory for Most

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Playing by Local and/or International Rules in Korea by Tom Coyner

The old axiom of “when in Rome, do as the Romans” may seem like practical wisdom. But sometimes that may not be your best option. First of all, going native is a pretty tough thing to do as a foreigner. Usually, at best, an expat can act approximately Korean and hope to get some sympathetic appreciation from the local populace. Other times, one can be in what seems to be a hopelessly disadvantageous position given the cultural and language differences. At the same time, being a Korean in Korea hardly comprises a bed of roses. Often there seems to be more thorns than petals given the various social and regulatory obligations and responsibilities. In this context, there are some inherent advantages of being foreign since by being alien one is not inferior or superior but simply separate from the mainstream. As such, one can work by slightly different rules. Often

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Weekly Korean Legal News from International Law Firm – IPG Legal

This Week’s Korean Legal News Reported by the Media Samsung boss Lee Kun-hee wins inheritance case appeal Royce, Honda – friends of Korea Former Seoul police chief acquitted US congressmen pushing for expanded family reunions Improved earnings drive up KOSPI Mobile business boosts Naver CJ CheilJedang to spin off pharmaceutical division Most Recent Posts from The Korean Law Blog Korean Start-up Visa: First Visa Issued to Korean American Entrepreneur Mandatory Retirement Age of 60 may be Mandatory for Most Companies in Korea Korea’s U-Turn Program: Enticing Korean Companies to Return to Korea Required Traits of a Great Criminal Lawyer in Korea Korean Labour Relations by Tom Coyner Ssangyong’s Korean Bankruptcy/Rehabilitation Proceeding & Many other Korean-based Construction Companies Korean Intellectual Property Theft Enforcement/Monitoring Program by IPG Legal is now Flat-Fee Billed ________Sean Hayes may be contacted at: [email protected] or via the numbers shown to the left. Sean Hayes is co-chair of

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Mandatory Retirement Age of 60 may be Mandatory for Most Companies in Korea

The Korean National Assembly, in a move that leaves many of my U.S. and other Western colleagues and clients bewildered by the lack of understanding of the contributions provided by those in their 60s and 70s, has agreed to mandate that the retirement age in Korea, for most companies, be set at, at least, 60 years old. The revision is meant to protect older workers. Many companies impose retirement ages of 55 and many even impose lower retirement ages.   The revision will still need to make its way through two committees and, also, reach a vote on the National Assembly floor. Other articles that may be of interest:  Terminate/Layoff of Employees in Korea  Korean Independent Contractor Risks under Korea LSA  The Ten Commandments of Labor Relations in Asia  Korean Labor Relations by Tom Coyner  There Goes the Neighborhood: Samsung “Union” Allowed to Protest in Front Of Samsung _____Sean Hayes

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Weekly Korean Legal News from International Law Firm – IPG Legal

This Week’s Korea Legal News Reported by the Media Public organizations seek to sell 7 tln won worth of properties Korean won sharply weakens on emerging market woes S. Korea struggles to catch up with leading economies: report Samsung Backtracks Over University Quota Samsung, Google Sign Patent-Sharing Deal Highly educated ‘economically inactive’ people top 3 mln: data Korea braces for change in MENA Most Recent Posts from The Korean Law Blog Korean Labour Relations by Tom Coyner Ssangyong’s Korean Bankruptcy/Rehabilitation Proceeding & Many other Korean-based Construction Companies Korean Intellectual Property Theft Enforcement/Monitoring Program by IPG Legal is now Flat-Fee Billed Special 20% Consumption Tax for Designer Bags Bought in Korea Suspended until 2014 Sean Hayes Quoted by Nature on the Woo Suk Hwang Cloning Case Can a Parallel Importer Violate your Trademark/IP in Korea? Grey Market/Parallel Importing is Legal in Korea: Protecting your Brand in Korea _________Sean Hayes may be

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Weekly Korea Legal News from International Law Firm – IPG Legal

This Week’s Korean Legal News Reported by the Media Hyundai Motor’s profit falls despite strong sales Samsung Q4 net up 3.6% on solid smartphone, TV sales Foreign visitors to Seoul exceed 10 million in 2013 Korea plans business lobbies overseas FA-50 deal to improve Korea-Iraq ties Kia Motors’ Q4 net profit up 28.7 pct on-year Lotte Mart, e-mart plan to open new discount stores Most Recent Posts from The Korean Law Blog Can a Parallel Importer Violate your Trademark/IP in Korea? Grey Market/Parallel Importing is Legal in Korea: Protecting your Brand in Korea Guide to Establishing a Company in Korea: Branch vs. Office; FIPA vs. FETA Criminal Lawyers in Korea: Defense Lawyer to Hire and Not to Hire? Security on Movable Property and Receivables in Korea Playing by Local and/or International Rules in Korea by Tom Coyner Proposed Amendment to Real Estate Development Business Act of Korea: Rating of Real

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Weekly Korean Legal News from International Law Firm – IPG Legal

This Week’s Korean Legal News Reported by the Media Korea, India agree to upgrade trade pact, diplomatic relations Samsung breaks mold in hiring POSCO speeds up CEO search FTC to toughen rules against patent trolls U.S. businesses hope for seats on Korea’s creative economy team Hyundai Amco, Engineering to merge after tax audit New AMCHAM leader calls for deregulation Most Recent Posts from The Korean Law Blog Playing by Local and/or International Rules in Korea by Tom Coyner Proposed Amendment to Real Estate Development Business Act of Korea: Rating of Real Estate Development Projects Ssangyong’s Korean Bankruptcy/Rehabilitation Proceeding & Many other Korean-based Construction Companies Korean Tourism Infrastructure Improving: Special Act for the Expansion of Tourism Accommodation Korea’s Blundering Natural Resource Development Policy Mastering Business in Korea: A Practical Guide by IPG’s Commercial Advisor Distribution Agreements are Your Friends in Korea ______Sean Hayes may be contacted at: [email protected] Sean Hayes is

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Weekly Korean Legal News from International Law Firm – IPG Legal

This Week’s Korean Legal News Reported by the Media More benefits for foreign R&D centers S. Korea’s ICT exports, trade surplus reach record highs in 2013 Red tape may be lifted on Seoul investment Samsung chairman to host gathering with staff BOK freezes key rate for 8th straight month in Jan LG fined for unfair business practice Asiana Airlines wins best int’l air carrier awards in China Most Recent Posts from The Korean Law Blog Mastering Business in Korea: A Practical Guide by IPG’s Commercial Advisor Distribution Agreements are Your Friends in Korea You can Succeed in Korea without Resorting to Bribery? Getting a Divorce in Korea: Hire a Korean Divorce Lawyer? Selling in South Korea: For your Sales & Marketing in Korea – Distributor Needed? by Tom Coyner Korean Intellectual Property Theft Enforcement/Monitoring Program by IPG Legal is now Flat-Fee Billed Korea’s Data Privacy and Data Protection Law _______Sean

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Mastering Business in Korea: A Practical Guide by IPG’s Commercial Advisor

IPG is proud to, again, recommend a book written by the Tom Coyner a Senior Commercial Adviser for IPG. The following is recommendations from the foreward to Mastering Business in Korea: A Practical Guide. Nick ReillyFormer President of GM Asia-Pacific This book is written with the expatriate business professional in mind. Korea is reputed to be a tough place to do business, but much of that reputation is unfair. Well-meaning and experienced foreign businesspeople routinely make serious errors that ultimately impede their success in the world’s eleventh strongest economy. This is the first such book written in collaboration by a Korean and a Westerner – both of whom have built their careers in international business between Asia and the West. The authors do not pretend doing good Korean business is easy – but it can be much easier than how many foreign businesspeople go about their business. This book is

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You can Succeed in Korea without Resorting to Bribery?

The following is a post by Tom Coyner a Senior Adviser to IPG. Perhaps in a few warped ways, I have a bit of affection for the Foreign Corrupt Practices Act, which bars American companies from bribing officials overseas. From a nostalgic perspective, I recall when this act was made into law while I was at my first “real job” at The Chase Manhattan Bank in Seoul. The immediate reactions around me in the US business community were those of dread. We were certain that we would be put to disadvantage when competing with the locals as well as with other foreign nationalities. It turned out not to be the case. In fact, by and large we discovered the act gave us legitimate cover not to “go local” in conducting unethical and potentially sordid business practices. In time, other Western nations passed similar laws. While this clean business movement has

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Selling in South Korea: For your Sales & Marketing in Korea – Distributor Needed? by Tom Coyner

Indirect selling can be one of the least expensive and lowest risk strategies. Among American firms selling into Korea are offshore companies that use local distributors. Often, foreign companies organically grow their operations throughout Asia by contracting local companies before setting up a representative office and hiring their own local staff. This approach offers obvious advantages, but also contains many hidden pitfalls. Before entering into any kind of international distribution agreement with a Korean distributor, for example, it may be wise to ask oneself just why one is entering the South Korean market rather than using the same resources to expand in existing markets. If the rationale is purely opportunistic, chances are your firm may not truly exceed beyond getting one or a few customers who are well known to your distributor. While the go or no-go decision criteria for selling through offshore channels may be less demanding than calculating

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Weekly Korean Legal News from International Law Firm – IPG Legal

This Week’s Korean Legal News Reported by the Media Consumers to feel weight of public fee hike Renault Samsung sales down 15.1 pct in 2013 POSCO launches ‘big data’ system Parcel rates to rise by 500-1,500 won Chicken ‘hallyu’ in offing Exports Could Reach US$600 Billion in 2014 Tourism Deficit Expected to Hit 3-Year High in 2013 Most Recent Posts from The Korean Law Blog Can Koreans Perceive Foreigners as Part of the Tribe? by Senior Advisor Tom Coyner USPTO & Korean Intellectual Property Office’s New Pilot Program on Classifications of Patents: Korean IP Law Updates Executive Compensation Necessary to be Publicly Disclosed in Korea: Korean Commercial Law “Ordinary Wages” Under Korean Law Clarified by the Supreme Court: “Regular, Uniform & Flat” Definition Drinking Culture in Korea Explained by Tom Coyner Korean Small Business Partnerships/Joint Ventures: Pubs, Distributors, Exporters, Boutiques, Franchises and Basic Manufacturing etc. How I Discovered that Smoking

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Sean Hayes and IPG Legal Wish You a Happy New Year

Sean Hayes and all of us at IPG Legal wish you a safe, happy and prosperous New Year.  _________Sean Hayes may be contacted at: [email protected] Sean Hayes is co-chair of the Korea Practice Team and Entertainment, Media and New Tech Law 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. He assists clients in their contentious, non-contentious and business developments needs in Korea and China.

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Weekly Korean Legal News from International Law Firm – IPG Legal

This Week’s Korean Legal News Reported by the Media Economy forecast to grow 3.9% in 2014 Smartphone market faces transition Samsung brothers seek reconciliation Talks between rail workers, management break down GS-LG consortium to buy shares in STX Energy Seoul shares inch up on Wall Street gains OECD education report: Korea’s school system a pressure cooker for children Most Recent Posts from The Korean Law Blog “Ordinary Wages” Under Korean Law Clarified by the Supreme Court: “Regular, Uniform & Flat” Definition Drinking Culture in Korea Explained by Tom Coyner Korean Small Business Partnerships/Joint Ventures: Pubs, Distributors, Exporters, Boutiques, Franchises and Basic Manufacturing etc. How I Discovered that Smoking Weed is Legal in North Korea – by Tom Coyner South Korea still Required to use Internet Explorer due to 1999 Law Dispute Resolution Clauses in Franchise, Joint Venture, Partnership Agreements in Korea How Sustainable is the Korea-Pop Music Phenomenon? ________ [email protected] Sean

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Weekly Korean Legal News from International Law Firm – IPG Legal

This Week’s Korean Legal News Reported by the Media Korea boosts market vigilance ‘Energy management market next big thing in Korea’ ‘No Truth’ in Rumors About Jang Song-taek Affair with 1st Lady Korean Airlines Submit Flight Plans to Beijing KBS wants to tax your smartphones Hyundai union workers told to pay W9 billion Financial hub: pipe dream for Korea? Most Recent Posts from The Korean Law Blog Drinking Culture in Korea Explained by Tom Coyner Korean Small Business Partnerships/Joint Ventures: Pubs, Distributors, Exporters, Boutiques, Franchises and Basic Manufacturing etc. How I Discovered that Smoking Weed is Legal in North Korea – by Tom Coyner South Korea still Required to use Internet Explorer due to 1999 Law Dispute Resolution Clauses in Franchise, Joint Venture, Partnership Agreements in Korea How Sustainable is the Korea-Pop Music Phenomenon? Executive Compensation Necessary to be Publicly Disclosed in Korea: Korean Commercial Law [email protected]

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