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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South Korea and Vietnam Negotiate FTA: Korea’s Nuclear Exports

South Korean President Park Geun-Hye, after making trips to the U.S. and China earlier this year, recently made her third overseas visit to Vietnam.  The two countries are in the process of negotiating a new Free Trade Agreement (FTA) that my come into effect as early as 2014. According to local media sources, the FTA negotiations touched on the usual issues of labor exchange and economic cooperation.  What was of particular interest, however, was South Korea’s bid to export their nuclear reactor technology to Vietnam.  Vietnam is looking to build 10 reactors by 2030, and South Korea is hoping to build, at least, two of the 10.  We wonder whether the recent issues with Korean nuclear reactors will harm the chance of Korea in winning a bid in Vietnam. South Korea, in the midst of a push to increase exports of its nuclear technology, was also recently awarded a USD

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Korea Legal News for the Week of August 18, 2013

This Week’s Korean Legal News Reported by Media Hyundai union to stage partial strikes again  Top conglomerates invest more in R&D this year  Naver to list free messenger subsidiary in US  Seoul lifts development ban on Insa-dong  Chun Doo-hwan won’t follow successor’s example and pay up  Park unlikely to meet Abe Seoul taxi fare to rise by Oct. Prostitution, drug abuse spread in N.Korea Saenuri Party works on bills to regulate Naver Korea-U.S. alliance faces next crucial shift Most Recent Posts from The Korean Law Blog Korea Companies Defendants in Anti-Dumping Lawsuits Second to Only China: Check the Verasity of Data Produced by Korean Companies More Damage from Militant Unions & Rising Labor Costs in Korea: GM to Reduce Production in Korea Hyundai Motors on the Fast Track to a 45,000 Employee Strike Business Opportunities in Korea Getting a Divorce in Korea Explained by U.S. Military Korea’s Minimum Wage Increases

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Korea Legal News for the Week of August 11, 2013

This Week’s Korean Legal News Reported by Media Park urges Japan to take responsibility for past wrongs 11th-hour agreement saves Kaesong Industrial Complex Energy-saving drive damages productivity U.S. court rejects Dongguk Univ.’s appeal in suit against Yale Ministry to overhaul elite private schools Ssangyong back in the black S. Korea to hold military drills for Dokdo Over 100 detained for street protests Hyundai recalls quarter of a million cars in U.S. Samsung, LG win top prizes in Europe Most Recent Posts from The Korean Law Blog More Damage from Militant Unions & Rising Labor Costs in Korea: GM to Reduce Production in Korea Hyundai Motors on the Fast Track to a 45,000 Employee Strike Business Opportunities in Korea Getting a Divorce in Korea Explained by U.S. Military Korea’s Minimum Wage Increases to KRW 5,210 Enforcing your Trademark Rights in Korea: IP Protection Strategies for Korea Sanctions for Illegal Fishing Increased

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Korea Legal News for the Week of July 28, 2013

This Week’s Korean Legal News Reported by Media Former tax chief arrested for receiving bribes from CJ Group Japanese firm appeals Korean Court order to pay victims Foreigners like Park’s reforms Huge development plan near Incheon Airport collapses N.Korea asks Hong Kong firm to redesign airport in Pyongyang Punishing Park for breaking embargo Taking pictures at beaches could lead to punishment Tourism deficit grows as more Koreans travel overseas SoloPower Korea to draw $100m investment Government to introduce ‘church taxes’ Most Recent Posts from The Korean Law Blog Korea’s Minimum Wage Increases to KRW 5,210 Enforcing your Trademark Rights in Korea: IP Protection Strategies for Korea Sanctions for Illegal Fishing Increased in Korea: Korean Environmental Law South Koreans Ask U.S. to Reconsider Timing of Military Handoff by Tom Coyner   Korean Unions Turning Violent Again: Solution is Jail Selling in South Korea: For your Sales & Marketing in Korea –

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Sanctions for Illegal Fishing Increased in Korea: Korean Environmental Law

Korea has been criticized from domestic and local environmentalists for its fisheries law.  In reaction to criticism, the Korean government has amended the Water Fisheries Act to impose a maximum fine of three times the value of the catch.  In limited cases imprisonment is possible.    The amended Water Fisheries Act of Korea, also, imposes the potential sanction of losing of a companies commercial fishing license if catches are not reported or are unreported. Korean laws in the English language may be found at the website of the Korean Legislative Research Center. _________ Sean Hayes may be contacted at: [email protected] Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the only non-Korean to have worked as an attorney 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.

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Korea Legal News for the Week of July 21, 2013

This Week’s Korean Legal News Reported by Media S. Korea extends anti-dumping duties on Japanese, Indian steel bar imports Samsung will continue patent war Celebrity soldiers to be put in brig S. Korea, France vow to expand trade, investment Hyundai chairwoman’s aide slapped with overseas travel ban Korea-U.S. Talks on Troop Handover to Start This Month Ruling party boycotts hearing on spy agency scandal Former spy chief to stand trial over graft charges JYJ wins battle with SM Entertainment For more immigrant lawmakers Most Recent Posts from The Korean Law Blog South Koreans Ask U.S. to Reconsider Timing of Military Handoff by Tom Coyner   Korean Unions Turning Violent Again: Solution is Jail Selling in South Korea: For your Sales & Marketing in Korea – Distributor Needed? by Tom Coyner   Korea’s Data Privacy and Data Protection Law KORUS FTA: Impacts on Trade & Investment for Korea and the States

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South Koreans Ask U.S. to Reconsider Timing of Military Handoff by Tom Coyner

Since 1978, the Combined Forces Command (CFC) has been accountable to a joint military committee that gets its authority from both U.S. and South Korean national command authorities. The Korean units assigned to the CFC are designated by the Korean side and can be withdrawn by South Korea at any time simply by notification. The CFC commander cannot refuse such notification. All he can do is point out the impact it may have on the performance of his mission. These points have not been well understood by most Koreans or most Americans. Neither have they been well explained. When U.S. officials stated their position publicly in 1980, they were stymied by martial law and censorship from Korea. Subsequently there was little effort to set the record straight because of the priority accorded to stability. In other words, despite a military technological gap, the relationship between the two sides has been

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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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Korea Legal News for the Week of July 14, 2013

This Week’s Korean Legal News Reported by Media Panama charges North Korea weapons ship’s crew Japan, S.Korea try conciliatory approach to mend ties Asiana crash passengers plan to sue Boeing, Asiana CJ chairman indicted over slush funds, tax evasion Defense Ministry scraps ‘ Soldier-Entertainer’ system South Korea launches second LTE-Advanced network South Korea accuses North of cyber attacks Korea to ease path for foreign tourists Mobile carriers slapped with penalties Ex-vice justice minister booked on rape charges Most Recent Posts from The Korean Law Blog Korea’s Data Privacy and Data Protection Law KORUS FTA: Impacts on Trade & Investment for Korea and the States (Guest Post by NerdWallet Journalist) Hague Child Abduction Convention Acceded to by South Korea Stock Options Available in Closed Corporations in Korea Game Regulations being Enforced to Korean Children Annulments Possible in Korea? Intention of the Marriage Potential Factor in Korean Court’s Annulment Decision Inside Korea’s

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Korea Legal News for the Week of July 7, 2013

This Week’s Korean Legal News Reported by Media Korean expats to get ID cards Feud surfaces between old, new governments Military will set up security cams at women’s barracks 40% of CEOs graduated from top 3 Korean Universities Luxury brands’ sales suffer slide in Korea Capital requirement toughened for interracial marriage brokers 2 Koreas agree to reopen Kaesong Complex Police to step up probe over sex bribery scandal South Korea, Honduras launch high-level policy consultation Korean-American environmental activists to visit Suncheon Most Recent Posts from The Korean Law Blog Game Regulations being Enforced to Korean Children Annulments Possible in Korea? Intention of the Marriage Potential Factor in Korean Court’s Annulment Decision Inside Korea’s Two-Tiered Economy by Tom Coyner Medical Malpractice Arbitration System in Korea: An Good Option for Many Plaintiffs You can Succeed in Korea without Resorting to Bribery? Korean Business/Service Marks Protection under the Unfair Competition Prevention and Trade

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Annulments Possible in Korea? Intention of the Marriage Potential Factor in Korean Court’s Annulment Decision

Annulments have been nearly impossible to obtain in Korea when parties have voluntarily married and the marriage was properly registered.  However,courts have been, recently, willing to entertain colorful arguments in some cases. Recently, a young married couple obtained an annulment based on some interesting facts.  The couple lived together with the sister of the husband prior to marriage.  They were living, according to the couple, just as friends.  Thus, the couple were not having sexual relations.  The employer of the male asked about his marital status and he advised the employer that he was single.  The company discovered that he was living with a woman.  Employees of the company were not amused and requested that he clarify the situation.   The man, then, fearing for his job requested the woman to marry him.  They married.  The woman claimed they she, only, married because she felt bad for the man.   

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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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Korea Legal News for the Week of June 30, 2013

This Week’s Korean Legal News Reported by Media CJ Group owner held for embezzlement, tax evasion Korea to host special ASEAN Summit next year Koreas to meet on Gaeseong S. Korea’s minimum hourly wage to rise for 2014 Government to boost service productivity Stock assets of S. Korea’s chaebol heads decrease more than 7 pct Foreigners’ net sell-off hits nearly 2-year high Yen’s sharp drop sounds alarm over Seoul’s exports S. Korea unveils measures to boost domestic service sector Hangeul advocates oppose Hanja classes Most Recent Posts from The Korean Law Blog How Sustainable is the Korea-Pop Music Phenomenon? Sales Can Largely Be a Matter of Attitude in Korea by Tom Coyner Visa Benefits for Korean Homosexuals in America: Defense of Marriage Act Held Unconstitutional The Violation of Right of Publicity in Korea: Badminton Player Park Ju-Bong’s Case Korea Parallel Imports: How to Protect Your Brand in Korea: The Korean

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Sales Can Largely Be a Matter of Attitude in Korea by Tom Coyner

The following article appeared in the American Chamber of Commerce in Korea Journal.  The article was written by IPG’s Senior Commercial Adviser – Tom Coyner.   Between the two of us, my partner and I have over a half century of successful sales experience.  Sometimes we were successful by simply being in the right place and time with the right product or service.  Sometime we were blessed to be coached by some remarkable sales managers as we learned and perfected the profession.  Other times, however, we succeeded in spite of our supervising managers.  Furthermore, during the course of our consulting practice in dealing with companies grappling with sales issues in Korea, Japan and elsewhere, we have encounter sales professionals struggling with challenges, both large and small, in a wide array of industries. Frequently we hear sales managers grousing about salespeoples’ attitudes.  It often comes across as “what are we going

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Korea Legal News for the Week of June 23, 2013

This Week’s Korean Legal News Reported by Media China and South Korea reaffirm efforts aimed at North Kaesong manufacturers’ losses tallied at W706 billion Changwon’s monthly job fair aims to help 50,000 unemployed Parliament extends collection of fines from former leaders Kenya, Korea set to sign deals on taxation and investment Korea, Southeast Asia team up to boost tourism, jobs Tourism Malaysia makes impact at Korean travel fair Major websites down in both Koreas on war anniversary GM’s South Korea workers to stage partial strike July 4 over wages Tongyang Life closes in on ING Korea Life Unit Most Recent Posts from The Korean Law Blog Visa Benefits for Korean Homosexuals in America: Defense of Marriage Act Held Unconstitutional The Violation of Right of Publicity in Korea: Badminton Player Park Ju-Bong’s Case Korea Parallel Imports: How to Protect Your Brand in Korea: The Korean Courts May not be the Answer

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Selling & Marketing in Korea Through Distributors and Other Indirect Sales Channels

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 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 the

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Korea Legal News for the Week of May 26

This Week’s Legal News Reported by Media Kim’s ‘world class’ ski resort: Would you ski in North Korea? Malawi defends South Korea labour deal S.Korean millers suspend US wheat imports as GM concerns fester Intel Scores Major Win in Samsung Galaxy Tablet Korea Factory Output Rises for First Time in 4 Months Korea suspends more nuclear reactors over unapproved parts Struggling Korean builders tell employees to show loyalty: buy apartments China calls on North Korea to enter nuclear talks North Korea ‘to allow Kaesong managers back’ Most Recent Posts from The Korean Law Blog Negotiating a Joint Venture Agreement in Korea PSY’s Korea Campaign Launches in Australia One Korean Company in 2013 BrandZ Top 100: Samsung Hiring Employees in Korea: The Basics by an HR Guru and Advisor to IPG Legal Required Traits of a Great Criminal Lawyer in Korea Music Tech Seminar in San Francisco Attended by Sean Hayes

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Korea Legal News for the Week of May 19

This Week’s Legal News Reported by Media Kim Jong-Un could give North Korea internet at the flip of a switch  Korea poised to import Colombian oil  Korean finance firms lag overseas  U.S. lawmakers send letters to ITC ahead of Samsung-Apple ruling  U.S. Air Force offering data for South Korea seeking to buy fighter jets  Park calls for ‘grand labor-management compromise’ to raise employment rate  Police to beef up war on sex crimes  Korea seeks resumption of free trade talks with Russia LG ready to widen Google TV reach  Most Recent Posts from The Korean Law Blog One Korean Company in 2013 BrandZ Top 100: Samsung   Hiring Employees in Korea: The Basics by an HR Guru and Advisor to IPG Legal   Required Traits of a Great Criminal Lawyer in Korea  Music Tech Seminar in San Francisco Attended by Sean Hayes   How to Protect your Brands, Trademarks and other

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