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ADR in Asia Conference 2011 hosted by HKIAC
ADR in Asia Conference 2011, which was hosted by the Hong Kong International Arbitration Centre (HKIAC) and sponsored by Kim & Chang, was held on September 28, 2011 at the Four Seasons Hotel in Hong Kong.
The main theme of the conference was "Paradigm Shift in Asian Dispute Resolution Impacts to Arbitration and Mediation," and Mr. Byung-Chol Yoon of our firm was a speaker for the session titled "The New Hong Kong Arbitration Ordinance: a Model for Asia?" Mr. Yoon introduced the new Hong Kong Arbitration Ordinance from a Korea based arbitration specialists point of view and explained some of the differences, advantages and disadvantages by comparing it to the Korea Arbitration Act.
For more information please visit www.kimchang.com
Search News and Articles
[South Korea] Supreme Court Decides on the Criteria for Distinguishing Worker Dispatch from SubcontrOn February 26, 2015, the Supreme Court rendered decisions regarding subcontracted workers. In particular, the Court provided specific factors to consider when determining whether a subcontracting arrangement will be deemed worker dispatch, which can potentially result in an illegal dispatch relationship and create a de facto employment relationship.- Kim & Chang
[South Korea] Supreme Court Decides on the Criteria for Distinguishing Worker Dispatch from SubcontrOn February 26, 2015, the Supreme Court rendered decisions regarding subcontracted workers. In particular, the Court provided specific factors to consider when determining whether a subcontracting arrangement will be deemed worker dispatch, which can potentially result in an illegal dispatch relationship and create a de facto employment relationship.
From January to April 2015, the Financial Services Commission (“FSC”) operated the Internet-Primary Bank Task Force (“TF”), which was a joint private and public sector effort. The TF reviewed related legislative bills and system reform plans regarding the introduction of the Internet-primary bank in Korea.
On January 1, 2015, the Act on the Registration and Evaluation of Chemicals (“K-REACH”) and the Chemicals Control Act (“CCA”) took effect. In this regard, the Ministry of Environment (“MOE”) plans to provide guidelines on the violations of K-REACH and CCA, and begin to enforce regulations against the violations in the near future.
Enforcement of the Act on the Registration, Evaluation, Etc. of Chemicals
By announcing the Online Personal Information Processing Guidelines (the “Guidelines”) on November 12, 2014, the Korea Communications Commission (“KCC”) has further clarified the standards for (1) collecting minimum personal information, (2) destroying personal information, and (3) obtaining consent, as required under the Act on the Promotion of Information and Communications Network Use and Information Protection (the “Network Act”). The Guidelines contain the following key points:
The Government amended the Presidential Decrees of various tax laws on February 3, 2015. Included below are some highlights:
On December 10, 2014, the proposed legislation for the Environmental Pollution Damage Compensation and Recovery Act (the “Environmental Damage Compensation Act”) was passed by the National Assembly by unanimous votes of the present members. This Act will enter into force one year after the date of its promulgation, provided that, however, the obligation to subscribe environmental liability insurance under Article 17 will be enforced 18 months after tis promulgation.
On August 6, 2013, the Ministry of Strategy and Finance announced proposed tax law amendments for 2015, most of which would take effect on January 1, 2015 if enacted into law. The main items as currently proposed are summarized below but are subject to change during the National Assembly’s legislative review later this year.
On September 30, 2014, the Korea Fair Trade Commission (the “KFTC”) announced plans to amend regulations regarding the subcontracting, franchise and distribution sectors. In particular, the KFTC identified 12 action items that address the propriety and need for certain rules, and aim to mitigate burdens on industry. The KFTC plans to submit the relevant bills to the National Assembly and finalize the amended Enforcement Decrees by the end of 2014, and to update the subordinate regulations by the first quarter of 2015.