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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Lee & Ko successfully represents Big Hit Entertainment against unauthorized use of BTS’ photos

August 2019 - Intellectual Property. Legal Developments by Lee & Ko .

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Lee & Ko, on behalf of Big Hit Entertainment (“Big Hit”), obtained the first-ever decision in Korea to recognize the entertainment companies’ right to independently request for injunction against those who free-ride on the customer attractiveness that is based off of popularity and fame of the artists managed by the companies. This landmark decision is expected to serve as an important pedestal in protecting the legitimate interest of entertainment companies (domestic as well as international) that manage famous artists and entertainers and remain vulnerable to unfair competition of free-riders.

First- Ever Decision by the Supreme Court of Korea ...

August 2019 - Intellectual Property. Legal Developments by Lee & Ko .

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First- Ever Decision by the Supreme Court of Korea to Find Copyright Infringement in the Selection, Arrangement or Combination of Game Elements

Key International Tax Law Amendments in the Draft 2019 Tax Revision Bill

August 2019 - Tax. Legal Developments by Lee & Ko .

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On July 25, 2019, the Ministry of Economy and Finance publicly released the 2019 draft Tax Revision Bill (the “Draft Bill”). The Draft Bill is expected to be sent to the National Assembly on September 3, 2019 for deliberation and adoption.

Russian Court’s Judgment Recognized for Enforcement in Korea

Recently, based on the premise that requirements for “mutual guarantee” or “reciprocity” in relation to the recognition and enforcement of foreign judgments can be allowed between Russia and Korea, a District Court of Korea rendered its decision which allowed a judgment concluded by a Russian court to be enforceable in Korea (see Changwon District Court, Decision 2018Gahap51099 held on January 17, 2019).

Korean National Assembly Passes “Blind Hiring” Bill to Reform Hiring Culture

May 2019 - Employment . Legal Developments by Lee & Ko .

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Recently, the National Assembly of Korea passed legislative amendments to the Fair Recruitment Procedure Act (“FRPA”) as part of the reform efforts to address the country’s recruitment culture. The latest amendment – dubbed the “blind hiring” bill – expands the FRPA to prohibit any type of recruitment irregularities (e.g., improper solicitation, coercion, pressure) and, more importantly, bars employers from asking jobseekers to provide any information unrelated to the position and the applicant’s merit. The amended FRPA will go into effect starting July 17, 2019.

Korean Financial Supervisory Service Mandating Disclosure of Transaction Documents When Filing Repor

May 2019 - Corporate. Legal Developments by Lee & Ko .

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Korean Financial Supervisory Service Mandating Disclosure of Transaction Documents When Filing Report on Material Facts

In light of the recent amendment to the internal policies of the Financial Supervisory Service of Korea (FSS), companies that file a “Report on Material Facts” on or after April 29, 2019, will also be required, as a matter of principle, to disclose the underlying transaction documents in full.

Successful Challenges to Korean Health Insurance Regulator’s 13-Year Old System...

April 2019 - Intellectual Property. Legal Developments by Lee & Ko .

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Successful Challenges to Korean Health Insurance Regulator’s 13-Year Old System of Automatic Reduction of Original Drug Price

The Seoul Administrative Court and the Seoul High Court issued orders suspending the automatic reduction of the price of the original drug “A” upon generic entry claiming patent non-infringement and the automatic reduction of the price of the original drug “B” upon generic entry claiming patent invalidity, respectively. The automatic price reduction of the original drug B has been continuously suspended since the Administrative Commission’s suspension order issued in April 2018.

Korean Supreme Court Confirms Licensee’s Standing to Challenge Patent Validity

March 2019 - Intellectual Property. Legal Developments by Lee & Ko .

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On February 21, 2019, the Supreme Court of Korea issued an en banc decision overruling its prior precedents on the issue of whether a licensee who is continuing to make royalty payments under an existing license agreement nevertheless has standing to challenge the validity of the licensed patent. In short, the Korean Supreme Court held that absent special circumstance, a patent licensee is an “interested party” eligible for challenging the validity of a licensed patent, despite the lack of any threat or potential threat posed by the patent holder against the licensee’s right to use the patented invention. (Supreme Court En Banc Decision No. 2017Hu2819).

Amendments to the KFTC Merger Review Guidelines

March 2019 - Antitrust & Competition. Legal Developments by Lee & Ko .

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The Korea Fair Trade Commission (the “KFTC”) recently amended its Guidelines for Merger Review (the ”Guidelines”), which took effect from February 27, 2019. The Guidelines now provide for particular issues relating to “innovation markets” and “big data” that will be considered during the KFTC’s review of mergers within R&D-intensive (i.e. innovative) industries.

Reimplementation of the FSS Comprehensive Audit and Amendment of Korean Anti Money Laundering Laws

March 2019 - Finance. Legal Developments by Bae, Kim & Lee LLC.

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I Revival of Comprehensive Audit

  1. Significance

The reinstatement of a comprehensive audit of all issues (as opposed to a special audit that is instigated when a particular issue has arisen) (“Comprehensive Audit”) by the Financial Supervisory Service (“FSS”) means that the selected financial institutions will need to be better prepared for the increased breadth and depth of the upcoming Korean regulatory audits. Impacted entities include: (i) Korean Financial institutions including banks, securities companies, insurance companies, and asset management companies; and (ii) local Korean branches and subsidiaries (including banks, securities, insurance and asset management) of foreign financial institutions.

The following takeaways are noteworthy:

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Dinner with GC -
Korea 2018

  • China and Hong Kong GC Powerlist

    In May, The Legal 500 and GC Magazine added another country to the list of destinations for their exclusive Dinner with GC series, as South Korea’s elite in-house counsel came together at Mugunghwa in Seoul, for a closed-door discussion on the realities of the role.

    Dinner with GC - Korea 2018