South Korea still Required to use Internet Explorer due to 1999 Law

A South Korean law that requires the use of Internet Explorer when making purchases online is still in effect today.  The Washington Post has brought attention to the fact that South Korea, while seemingly a high-tech country whose cell phone coverage reaches deep into the extensive subway system, is still legally mired in the past and required to use what is considered by most people to be an ineffective and unpopular browser. In 1999, at a time when internet use worldwide was just beginning to take off, the South Korean government hoped to encourage its citizens to shop online.  Security became a concern, and to try and promote some semblance of safety and uniformity, the National Assembly required everyone to use Internet Explorer. Now that Internet Explorer is by some accounts actually the least secure browser to use, lawmakers in the National Assembly have proposed legislation to repeal the previous law.  The

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Korean Legal News for the Week of December 8, 2013

This Week’s Korean Legal News Reported by Media Samsung Electro-Mechanics to sell its stake in Samsung Card The government’s new nest Hospital mergers allowed to boost investment Display panels to see 9% growth next year HanMag on verge of bankruptcy 8 in 10 retail firms to open new stores abroad in 2014 Kakao trapped in growth dilemma Most Recent Posts from The Korean Law Blog 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 Korean Home Prices Too Low? A big NO WAY by Tom Coyner Severance Payments in Korea: Death to Korea’s Competitiveness by Tom Coyner Investor-State Disputes/Arbitration in Korea: ABA Dispute Resolution Magazine Status of Interns Under the Korean Labor Standards Act: Employees Entitled to Severance/Minimum Wage? [email protected] Hayes may be contacted at: [email protected] Sean Hayes is

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Korean Legal News for the Week of 24 November, 2013

This Week’s Korean Legal News Reported by Media Japan and South Korea defy China air zone rules South Korea, Japan join U.S. in defying China’s air defense zone Ahn to Launch New Party S. Koreans’ overseas card spending hits new record high in Q3 S. Korea’s industrial output grows 1.8 pct on-month in Oct North Korea threatens ‘sea of fire’ for South Korea presidential office Anchor in hot water over Park criticism Korean Firms Became Less Profitable in 2012 Most Recent Posts from The Korean Law Blog Status of Interns Under the Korean Labor Standards Act Korean Pro-North Priest Investigated By Prosecution Korean Home Prices Too Low? A big NO WAY Leading Attorneys in Korea: Sean Hayes One of Only Two Non-Koreans on List of Top Lawyers in South Korea South Korea’s Stealing United States Military Technology? Can Koreans Perceive Foreigners as Part of the Tribe? by Senior Advisor Tom Coyner

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Korean Legal News for the Week of November 17, 2013

This Week’s Korean Legal News Reported by Media Prosecution finds more evidence of online NIS election activity S. Korea successfully fires off Spike missile Old ‘Hwarang Spirit’ celebrated Korea 12th out of 77 countries in Open Data Barometer Defense Ministry Bent on Buying F-35As American Held in N.Korea Is Korean War Veteran Lawmakers Call for Nuclear Weapons Most Recent Posts from The Korean Law Blog Leading Attorneys in Korea: Sean Hayes One of Only Two Non-Koreans on List of Top Lawyers in South Korea South Korea’s Stealing United States Military Technology? Can Koreans Perceive Foreigners as Part of the Tribe? by Senior Advisor Tom Coyner Samsung Investigated for Union Busting by Korean Ministry of Employment and Labor Enforcement Decrees are Becoming more Common in South Korea South Korea still Required to use Internet Explorer due to 1999 Law The Korean War in Full Tom Coyner Color Sean Hayes may be contacted

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Leading Attorneys in Korea: Sean Hayes One of Only Two Non-Koreans on List of Top Lawyers in South Korea

We are proud to announce that Sean Hayes has recently been listed by Asia Law as one of the top  attorneys working in South Korea. Leading Lawyers/Law Firms in Korea by AsiaLaw. Sean Hayes, IPG Legal                                     Yong Seok Ahn, Lee & Ko Heejae Ahn, Yoon & Yang LLC               Jay Ahn, Kim & Chang Henry An, Samil PricewatersCoopers              Woo Hyun Baik, Kim & Chang Chad Chang Hoon Lee, Muhann Patent & Law Firm              Yong-Jae Chang, Lee & Ko Tae Yeon Cho, Cho & Partners                 Young Joon Cho, Bae Kim & Lee Young Sun Cho, Yoon & Yang LLC J H Choi, Choi & Kim Jae Seong Choi, Barun Law Kyung Joon Choi, Kim Chang & Lee Woo Young Choi, Hwang Mok Park Hyunseok Choi, You Me Patent & Law Firm Won-Hyun Choi, Kim Choi & Lim Won Sik Choo, Lee & Ko Eui Jong Chung, Bae Kim & Lee Kye Sung

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Korean Legal News for the Week of November 10, 2013

This Week’s Korean Legal News Reported by Media `The party is over’ for state firms Abe Keeps Pushing for Summit with Park Korea, Russia to Cooperate in Gas, Railway Projects BOK head’s misleading gaffe confuses market watchers Seoul shares open higher on U.S. gains Presidential chief of staff in hot seat N.Korean Foreign Policy Stuck in the Past State-run firms scolded for greed, reckless management Most Recent Posts from The Korean Law Blog Enforcement Decrees are Becoming more Common in South Korea South Korea still Required to use Internet Explorer due to 1999 Law The Korean War in Full Tom Coyner Color Korean Home Prices Too Low? A big NO WAY by Tom Coyner Should UPP be Banned in Korea? Korea Government Files to Court to deregister Pro-North Party Garnishing Pay in Korea: Collections in Korea Second-Screen Legal Issues Addressed by Attorney Sean Hayes at MIPCOM in Cannes, France Sean Hayes

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Korean Legal News for the Week of November 03, 2013

This Week’s Korean Legal News Reported by Media 650,000 students take annual college entrance scholastic test Moody’s retains credit rating on S. Korea at ‘Aa3’ Public workers union raided over illegal electioneering S. Korea to raise salaries of soldiers by 15 percent next year Amb. King to visit Seoul, Pyongyang trip possible Three ruling party lawmakers to appear before prosecutors next week Korea, Belgium to bolster development cooperation Park arrives in Brussels for summit with Belgian PM, talks with EU leaders Most Recent Posts from The Korean Law Blog Korean Home Prices Too Low? A big NO WAY by Tom Coyner Should UPP be Banned in Korea? Korea Government Files to Court to deregister Pro-North Party Garnishing Pay in Korea: Collections in Korea Second-Screen Legal Issues Addressed by Attorney Sean Hayes at MIPCOM in Cannes, France Leading Attorneys in Korea: Sean Hayes One of Only Two Non-Koreans on List of Top

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Korean Legal News for the Week of October 27, 2013

This Week’s Korean Legal News Reported by Media Park vows fair probe into election scandal Telecom giant KT raided again over chairman’s alleged graft Seoul shares up 0.3 pct in late-morning trade S. Korea nearing decision to buy Northrop’s Global Hawks Overseas card spending surges 41.7 pct over past 5 years Doosan Bears on brink of collapse after blowing scoring opportunities Seoul shares open higher on record-high exports S. Korea’s exports surge to new monthly high in Oct Most Recent Posts from The Korean Law Blog South Korea’s Nude Beach in Gangwon Province to Open South Korea’s Stealing United States Military Technology? Korean Invention Promotion Act: Employee Inventions in Korea UN Report: Korea’s Latest Successes and Shortcomings K-Pop Star Psy and Currency Swaps – Interesting Article on the Continued Ascent of “Brand Korea” KoreaBANG Takes on a Scandal at the JRTI Garnishing Pay in Korea ________Sean Hayes may be contacted at: [email protected]

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South Korea’s Nude Beach in Gangwon Province to Open

It was recently reported that Gangwon province on the east coast of South Korea is planning to open up a nude beach in order to attract tourists.  Government officials in Gangwon province have been mulling the proposed beach for several years now, and are once again floating the idea publicly to see how South Korean citizens will respond. According to an article on CNN’s website: “Although the east coast has more beautiful, sandy beaches, the water tends to be colder, the season shorter and the distance from Seoul is greater than the beaches to the west.” For some reason, Gangwon Province just can’t give up the idea of opening a nude beach.  Gangwon tried to open a female-only nude beach in 2005, but public outcry led to the plan being scrapped.  I bet that times have not yet changed enough and an outcry by the public will lead to the

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UN Report: Korea’s Latest Successes and Shortcomings

The Korea Herald recently summarized a United Nations Industrial Development Organization report about Korea’s industrial competitiveness.  According to the report, entitled “Korea Mirrored in Statistics,” Korea still boasts the world’s 12th largest economy based on GDP, as well as possessing quite a few other interesting statistics. Korea is still performing quite well in terms of economic performance.  For example, last year it was the largest producer of mobile phones, the fifth largest manufacturer of cars, and the third largest steel producer.  On the manufacturing front, things still seem to be going great. Unfortunately, this kind of economic success has also brought with it a few negative side effects.  Social issues in Korea still seem to be neglected.  For example, Koreans on average work 2,090 hours per year, the second longest in the world – just behind Mexico.  Korea also ranked 30th in terms of government transparency, and its female employment

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Korea Legal News for the Week of October 20, 2013

This Week’s Korean Legal News Reported by Media S. Korea carries out defense drill on Dokdo Day N. Korea to return six S. Koreans citizens through Panmunjom Seoul shares down 0.83 pct in late-morning trade Seoul shares open lower amid Chinese woes Siemens Korea names new vice president S. Korea ranks 111th in gender equality: WEF report Government strips teachers’ union of legal status Samsung Q3 net jumps 26 pct on Galaxy boom, higher chip prices S. Korea’s economic growth hits over 2-year high in Q3 Won expected to further gain on fundamentals Most Recent Posts from The Korean Law Blog K-Pop Star Psy and Currency Swaps – Interesting Article on the Continued Ascent of “Brand Korea” KoreaBANG Takes on a Scandal at the JRTI Garnishing Pay in Korea Sean Hayes Attends American Bar Association’s Forum on Franchising How I Discovered that Smoking Weed is Legal in North Korea –

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Korea Legal News for the Week of October 13, 2013

This Week’s Korean Legal News Reported by Media Cyber warfare unit raided over election postings Seoul shares open higher on U.S. stimulus hope Norway freezes aid to South Korean climate group Top university hospital workers go on strike U.N. team to hold hearings on N. Korean human rights in D.C. S. Korea hails milestone cargo move via Arctic Korea, Poland elevate ties to strategic partnership Acting prosecutor general orders audit into NIS probe controversy KT offices, CEO’s home raided in corruption probe U.S. visa delay disrupts lawmaker’s travel plans Most Recent Posts from The Korean Law Blog Sean Hayes Attends American Bar Association’s Forum on Franchising How I Discovered that Smoking Weed is Legal in North Korea – by Tom Coyner ‘Meet the Lawyers’ Session at MIPCOM Features Sean Hayes Second-Screen Legal Issues Addressed by Attorney Sean Hayes at MIPCOM in Cannes, France Criminal Convictions Finally Leading to Prison Sentences

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How I Discovered that Smoking Weed is Legal in North Korea – by Tom Coyner

A hat tip to a non-Korean artist friend who also has lived much or most of his life in Asia for forwarding this piece to me. Given the cost of tobacco and the ease of cultivating marijuana, I had heard from a foreign friend who had lived in North Korea that workers often resort to marijuana as a cheap substitute for tobacco.  Perhaps only in the DPRK may one find that to be the case.  On the other hand, if marijuana was legalized, I suspect the price would vastly plummet – provided the local governments decide not to regulate and tax it. Anyway, I digress… The vivid description of the Rason marketplace alone is worth the read. On Smoking Weed in North Korea. Tom Coyner is a senior adviser to [email protected]

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Korea Legal News for the Week of October 6, 2013

This Week’s Korean Legal News Reported by Media Park arrives in Indonesia for ‘sales diplomacy’ visit Korea to open global election watchdog body Video evidence claims fly as Roh aide questioned World Bank to open regional offices later this year Ajman Free Zone beckons Korean SMEs to UAE Siemens Korea names new vice president ‘Era of electric cars will come slowly’ Sales of foreign hybrid vehicles up 14% in first half Franklin Templeton prioritizes investment education ‘Now is not time to buy core assets’ Most Recent Posts from The Korean Law Blog ‘Meet the Lawyers’ Session at MIPCOM Features Sean Hayes Second-Screen Legal Issues Addressed by Attorney Sean Hayes at MIPCOM in Cannes, France Criminal Convictions Finally Leading to Prison Sentences for Chaebol Leaders Dispute Resolution Clauses in Joint Venture and Partnership Agreements in Korea Sean Hayes will be Speaking at MIPCOM Agricultural Business Opportunities in Korea: USD 2 Billion

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Agricultural Business Opportunities in Korea: USD 2 Billion Fund to be Established

The Korean Ministry of Agriculture, Food & Rural Affairs has proposed establishing a nearly USD 2 billion fund for improving, among other things, farming productivity in Korea.  The fund is intended to lead to the doubling of Korea’s agricultural product exports.  The proposal was made in a government meeting chaired by Korea’s president, thus, indicating that the plan has significant weight behind it. When these funds are in the works, Korean companies, often, are eager to partner with foreign technology companies in order to garner the necessity licenses and know how to bid on projects. Opportunities abound in agricultural tech in Korea, since Korea is decades behind most other developed countries in agricultural productivity.   We are surprised to see many of the leading players in the West not have an active presence in Korea, because of a total lack of interest by Korea’s aggregators.  This may all change with

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Korea Legal News for the Week of September 22, 2013

This Week’s Korean Legal News Reported by Media S. Korea’s national debt growing sharply since 1997 crisis: data Seoul shares open flat amid U.S. debt issue Foreign Businesses Nose Around Kaesong Complex N.Korea Hoping for Talks with Ex-U.S. Officials S. Korea logs current account surplus for 19th straight month in Aug. Seoul to offer incentives to job-creating foreign investors Korea Likely to Have World’s Highest Monthly Wage by 2030 Consumer Sentiment Drops to 5-month Low Samsung’s Smartwatch Gets Lukewarm Reception Hyundai, Kia in Massive Recall Most Recent Posts from The Korean Law Blog Korea Due Diligence for Joint Ventures, Licensing, OEMs and Buying a Korean Company Agricultural Business Opportunities in Korea: USD 2 Billion Fund to be Established Korea Expands Definition of Discriminatory Treatment for Non-Regular Workers: Employment & Labor Law Update Stock Options in Closed Korean Corporations South Korea Puts Near-Total Ban on Japanese Fish Imports Opening Opportunities for

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Korea Expands Definition of Discriminatory Treatment for Non-Regular Workers: Employment & Labor Law Update

Last March, the Korean National Assembly made changes to the Korean Labor Standards Act that may have a significant impact on companies doing business in Korea that employ non-regular workers.  The changes modify the definition of what constitutes “discriminatory treatment” against these non-regular workers. In the old version of the Korean Labor Standards Act (“KLSA”), the definition of discriminatory treatment was listed as “unfavorable treatment in terms of wages, other working conditions, etc. given without any justifiable reasons.” In the amendment to the KLSA, the definition has been expanded to include “regular bonuses, holiday bonuses, other bonuses that the employer pays to a worker as remuneration for work on a regular basis, incentives paid based on management performance, and other issues related to the working conditions and welfare benefits.”  The amendment, facially, imposes a significant added burden on companies with non-regular and regular workers.  In addition to the expanded definition,

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South Korea Puts Near-Total Ban on Japanese Fish Imports Opening Opportunities for other Nation Exporters

The government of Japan announced last week that, at a cost of USD 470 million, they would build a “frozen wall of soil” around the base of the destroyed Fukushima nuclear reactor.  The ice wall will supposedly, once and for all, stop the reactor’s irradiated water from leaking into the ocean.  Japan still faces import bans on much of its food exports and is doing everything it can to help put the disaster behind it.  Unfortunately, recent news out of South Korea shows that Japan is still having a hard time convincing its neighbors that it has the situation under control. On September 6, 2013, South Korea responded to pressure over public fears that fish imported from Japan’s Fukushima Prefecture was unsafe by instituting an even more extensive ban on Japanese fisheries. The new ban covers nearly 430 miles of Japanese coastline that surrounds the affected area – a much

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Korea Legal News for the Week of September 8, 2013

This Week’s Korean Legal News Reported by Media Korea can withstand QE tapering: BOK Embattled chief prosecutor offers to resign U.S. soldier gets jail term in BB gun shooting case Kia Motors union OKs wage deal Doctors clash over medical equipment Koreas discuss Seoul workers’ rights, communications in Kaesong Conglomerates to invest 37 tril. won in biotech, batteries Seoul, Washington not to attend six-party talks FTC seeking to toughen penalties on unfair biz activities LIG Group chief gets prison sentence over massive financial fraud Most Recent Posts from The Korean Law Blog Korean Visa Rules Still not Strict Enough for Some in the Korean Government South Korea and Vietnam Negotiate FTA: Korea’s Nuclear Exports South Korean OPCON: Benefits for Military Tech Companies Operating in Korea Renewal Rights/Terms for Commerical Leases in Korea Under Amended Commercial Building Lease Protection Act of Korea  South Korea Begins 7th Round of Negotiations with China

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