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South Korea Articles & Reports

Amendment to the Foreign Investment Promotion Act
The current Monopoly Regulation and Fair Trade Act (MRFTA) of Korea generally prohibits a second-tier company (i.e., a domestic company …
Project Financing Vehicles (PFVs)
The use of Special Purpose Companies (SPCs) has become prevalent in financing large projects that demand substantial amounts of money …
IP & TMT Special Report
ASIAN-MENA COUNSEL's latest IP & TMT Special Report, (Vol 11 Issue 6) features a presentation by Lee International IP & Law Group, co-hosted by ASIAN-MENA COUNSEL, on Brand Protection Strategies for Korea. In a concurrent open discussion with special In-House Community guests, senior foreign attorney, Nicholas Park talked about the counterfeiting situation in South Korea and advised on the legal actions and strategies that could assist organisations in combatting the problem. Joining forces for our Special Report, Paul, Weiss, Rifkind, Wharton & Garrison and Fangda Partners explained the implications of the merger between Two Powerful Chinese media regulators.
Understanding the ‘5 percent rule’ for Korean equity holdings
Under Article 147 of the Financial Investment Services and Capital Markets Act (FSCMA), an investor who acquires 5 percent or more …
Liability for a Culpa in Contrahendo in Korean law in light of the Hyundai Group Case
In 2010, Hyundai Group, backed by Hyundai Merchant Marine, was named the preferred bidder for the 34.88 percent stake in Hyundai Engineering & Construction (Hyundai E&C)…
Working with ‘Inter Partes Review’
On September 16th, 2012, the US Patent and Trademark Office (USPTO) initiated a new procedure called Inter Partes Review or …
Franchising in Korea: areas for consideration
Over the past decade the number of franchises launched by domestic and foreign companies in Korea has increased significantly …
Worker’s compensation rights and ‘Ordinary Wages’
Under Article 6 of the Enforcement Decree of the Labor Standard Act (the Labor Act), ‘Ordinary Wages’ is defined as …
International arbitration in Korea – award enforcement
International arbitration is on the rise in the Republic of Korea. As more and more global companies with business in Korea are …
Employee benefits under Korean Law
In Korea, the Labor Standards Act is the principal law governing matters relating to employer-employee relationships. It generally …
Dispute Resolution Special Report
In the latest issue of Asian-Counsel, we uncover the lofty aims of several arbitration centres in the region. We also receive comprehensive updates from a host of leading law firms, and the SIAC, as to the state of dispute resolution across the Middle East, Vietnam, South Korea, India, Hong Kong and Singapore.
Capital Raising Special Report
Our latest edition of Asian-Counsel takes a look at the various happenings in the region’s capital markets sector. Whilst change is abreast with money flows shifting directions and new industries gaining momentum, we uncover why Hong Kong and Singapore regulators are still setting the pace. Leading law firms also reveal the latest capital markets trends in Malaysia, India, Japan, Thailand and South Korea.
South Korea Special Report
In our latest edition we take a look at the state of play in South Korea, from how cash-rich companies are making their mark on the international stage to the impending liberalisation of the Republic’s legal sector. We also hear from leading firms as to how South Korea is enticing foreign companies to list on the Korea Exchange, whether we are witnessing a turning point in the country’s M&A market, and why parties embarking on deals with a South Korean element can feel confident they will get a fair go from the nation’s arbitration legislation and court system, should disputes arise.
Dispute Resolution Special Report
In this month’s Special Report on dispute resolution, we take a look at how Asia Pacific’s role as an international centre for dispute resolution, particularly arbitration, has grown against a backdrop of increasing cross-border transactions. As demand has grown exponentially, so Asia’s leading arbitration centres – including HKIAC, KCAB and SIAC – have moved with the times to maximise the services they provide in a constantly evolving legal framework. We examine some of the key new laws which have shaped dispute resolution in 2010 and outline some of the challenges in pursuing justice through both litigation and arbitration.
Labour & Employment Update
Our cover story takes you through the merits and loopholes of employment legislation in various jurisdictions across the Asia and MENA regions. In addition, Bae Kim & Lee navigate the Korean employment maze and home in on dismissal issues whilst Al Tamimi provide us with an absorbing update on the state of play of employment in the UAE. We are also excited to showcase the results from our External Counsel of the Year survey - where in-house counsel were asked to weigh in on who they believed to be exceptional external counsel in their own jurisdictions. We bring you the results and more here.
Selling a piece of their Seoul?
Following the ratification of the EU and US Free Trade Agreements with South Korea in 2011 and 2012 respectively, the liberalisation of the legal market in South Korea will bring sweeping changes to the territory after a raft of foreign firms seek to establish a presence there. In our cover story, we explore the shifting landscape and the impact this will have on local firms on the ground. We also bring you our latest In-House Insight this month, from Muhammad Tariq, Senior Legal Counsel at TECOM Investments as well as an In-House Practice from Sascha Hindmarch, former General Counsel at the University of South Australia.
Dispute Resolution
Our latest Disputes Special Report features contributions from K&L Gates, King & Wood Mallesons, the Hong Kong Arbitration Centre, Lee International and the Singapore International Arbitration Centre, – from funding to resolution, bringing the pieces together.
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