Yes. The Korean Supreme Court held that a foreign patent not registered in Korea is subject to taxation if used in a domestic manufacturing process in Korea. The Supreme Court of Korea overturned the lower court’s holding in a lawsuit
The Korean Law Blog
The Korean Law Blog, published by IPG Legal, focuses on the application and interpretation of Korean law in cross-border litigation, arbitration, and international transactions. It covers expert opinions on Korean corporate, commercial, contract, employment, labor, criminal, family, inheritance, real estate, trust, intellectual property, and technology transfer laws. The blog also addresses procedural and substantive issues in Korean criminal defense, labor standards, and employment discipline. Comparative legal analyses, such as differences between Korean and U.S. free speech protections, are featured. Practical guidance on hiring independent contractors and structuring distribution or agency agreements in Korea is also provided, targeting foreign counsel, businesses, and courts dealing with Korean legal matters.
Latest from The Korean Law Blog - Page 4
Korean Litigation Disclosure Requirements under the Korean Capital Markets Act
By Sean Hayes
In a precedent-setting decision, the Supreme Court of Korea clarified the scope of disclosure obligations under the Korean Capital Markets Act, holding that the requirement to disclose “lawsuits that will have a significant impact on securities” is limited to lawsuits…
IPG Legal’s South Korea Office: Leading International Law Firm in Korea
By Sean Hayes
Korea is one of the most dynamic markets in Asia with a complex and ever-changing legal landscape. Korean regulators move quickly, Korean courts are sophisticated, and legal risk in Korea often shows up in places foreign businesses don’t expect: labor…
Korean “Temporary Worker” Right to Employment Security under the Korean Labor Standards Act
By Sean Hayes
A Korean court ruled that even if a worker is 55 years of age or older and hired as a temporary worker, the right to contract renewal is “continuously recognized unless there are special circumstances.”
The Seoul Administrative Court ruled…
Korean Criminal Liability Risks for Foreign Executives & Directors in Korea: Korean Exposure, Enforcement Trends, and How to Reduce Risk
By Sean Hayes
Foreign executives operating in Korea are often surprised to learn how quickly routine corporate decisions can escalate into personal criminal liability and Korean immigration issues. Unlike many Western jurisdictions, the Korean legal system frequently treats civil matters as criminal, to…
IPG Legal Expert Opinions on Korean Law for Foreign Courts and Law Firms
By Sean Hayes
As complex cross-border litigation, arbitration, and international transactions continue to increase in Korea, foreign courts and overseas counsel are frequently required to apply or assess Korean law and the Korean legal system. In such cases, accurate and nuanced interpretation of…
Overturning of a Finalized Criminal Conviction in Korea
By Sean Hayes
In South Korea, after the finalization of a criminal conviction, overturning or reopening a criminal conviction is limited to specific post-conviction remedies noted below. We at IPG Legal have, regrettably, seen too many cases involving less-than-proactive and diligent representation that…
Best Practices for Disciplining/Terminating Employees in Korea under the Korean Labor Standards Act
By Sean Hayes
Employee discipline is one of the most frequent sources of labor disputes in Korea. Even where misconduct or underperformance appears clear, employers in Korea often lose cases before the Labor Relations Commission and the Korean courts due to procedural defects,…
Free Speech Protection in Korea vs. the United States: How Public Insults Can Be Criminal in Korea and lead to deporation, but Protected Speech in the U.S.
By Sean Hayes
Freedom of expression is constitutionally protected in both South Korea and the United States, but the legal boundaries of protected speech differ sharply. One of the most striking differences lies in how each system treats offensive or degrading speech directed…
Hiring a Korean Independent Contractor for Work in Korea
By Sean Hayes
We receive many requests for drafting Korean independent contractor agreements, and we sometimes decide with the client that it is better to have a Korean distribution or agency agreement with a Korean company, because of uncertainty in Korean Labor &
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