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  • Article

    Supreme Court Says No VAT On Payments Via Department Stores' Mileage Points And Gift Certificates

    The significance of this case is that it is the first Supreme Court decision on the application of the VAT rules to Mileage Purchase.
    South KoreaLitigation, Mediation & Arbitration
    Lee & Ko
    Lee & Ko
  • Article

    Fundamental Changes To Korea's Trademark Law

    The end result, however, has been legislation that is oftentimes inefficient, inconsistent, and complicated.
    South KoreaIntellectual Property
    Lee & Ko
    Lee & Ko
  • Article

    Compliance Checklist For Small-Sized Businesses Following Expansion Of SAPA Regulations

    Effective January 27, 2024, the Serious Accident Punishment Act (SAPA) entered into force against small-sized businesses (businesses with 5~49 regular employees)...
    South KoreaCorporate/Commercial Law
    Lee & Ko
    Lee & Ko
  • Article

    MRFTA Amendments On Expansion Of Merger Notification Exemptions And Introduction Of Commitment Procedures For Merger Control

    On January 25, 2024, the Korea Fair Trade Commission (KFTC) proposed amendments (Amendments) to the Monopoly Regulation and Fair Trade Act (MRFTA) were approved by the National Assembly of Korea
    South KoreaCorporate/Commercial Law
    Lee & Ko
    Lee & Ko
  • Article

    Strategic Considerations For Korean Investors - Leveraging The Special Tax Provision For Foreign Pass-Through Entities

    It has been a year since the introduction of the special tax provision that enables taxpayers to treat foreign pass-through entities, which may not be considered as such in Korea, as pass-through entities for Korean tax purposes.
    South KoreaTax
    Lee & Ko
    Lee & Ko
  • Article

    KFTC Proposes Ex-Ante Regulation Of Platforms Under The "Platform Competition Promotion Act"

    On December 19, 2023, the Korea Fair Trade Commission (KFTC) announced its proposal to enact the "Platform Competition Promotion Act" (PCPA) for ex-ante regulation of platforms by designating "dominant platform operators."
    South KoreaAntitrust/Competition Law
    Lee & Ko
    Lee & Ko
  • Article

    Enactment Of The Carbon Dioxide Capture, Utilization And Storage Act (CCUS Act)

    The "Carbon Dioxide Capture, Usage and Storage Act" proposal has been passed at a plenary session of the National Assembly on January 9, 2024 and is scheduled to come into effect one year after its promulgation.
    South KoreaEnvironment
    Lee & Ko
    Lee & Ko
  • Article

    Recent IP Developments In Korea - February 2024

    We have analyzed domestic intellectual property application statistics and IPTAB trial statistics for 2023 based on the intellectual property statistics published by the Korean Intellectual Property Office in January 2024.
    South KoreaIntellectual Property
    Lee & Ko
    Lee & Ko
  • Article

    Korea Announced The Revised Regulation Along With An Administrative Notice Implementing The Local And Master File Requirements As An Implementation Of The BEPS Action 13

    On April 14 2016, the MOSF also issued an administrative notice (the "Notice") setting forth the guidance on how and by whom the CRITI may be prepared and filed.
    South KoreaTax
    Lee & Ko
    Lee & Ko
  • Article

    Enactment And Promulgation Of The 「Act On Integrated Control Of Environmental Pollution-Generating Facilities」

    Starting in 2017, the pollution controls applicable to businesses in the 20 industries with the most significant environmental impact will be gradually integrated to streamline the licensing...
    South KoreaEnvironment
    Lee & Ko
    Lee & Ko
  • Article

    Amendment To Subcontracting Act

    The Korea Fair Trade Commission's (KFTC) proposed amendment to the Fair Transactions in Subcontracting Act (Subcontracting Act) was approved by the National Assembly during its plenary session...
    South KoreaCorporate/Commercial Law
    Lee & Ko
    Lee & Ko
  • Article

    Update On Capital Market Regulations, Including Stricter Restrictions On Short Selling

    Financial regulators will be reinforcing regulations on short selling activities in light of continued criticism that ordinary investors are being unfairly affected by short selling activities.
    South KoreaFinance and Banking
    Lee & Ko
    Lee & Ko
  • Article

    South Korea Ramps Up Its Effort To Jack Up Foreign Investors Trading Volume In Its Bourses Through Easing Tax Regulation Starting From 2024

    The term "Korea discount" made headlines of major newspapers for quite a while since 2022. Korea discount is a term used to describe a phenomenon in the stock market where equities traded on Korean stock exchanges are undervalued compared to global peers.
    South KoreaGovernment, Public Sector
    Lee & Ko
    Lee & Ko
  • Article

    Korea-Taiwan Double Taxation Avoidance Arrangement Comes Into Force

    The Implementation Act of the Arrangement between Korea and Taiwan for the Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Taxes on Income ...
    South KoreaTax
    Lee & Ko
    Lee & Ko
  • Article

    Enactment Of The Implementing Regulations Of The 「Act On Compensation Liability And Remedy Of Environmental Pollution Damage」

    Facilities presenting high environmental risk required to purchase environmental liability insurance...
    South KoreaEnvironment
    Lee & Ko
    Lee & Ko
  • Article

    Korean High Court Overrules The KFTC's Decision In Strike By Physicians

    In March 2016, the KMA, an association of more than 100,000 Korean physicians, won a decisive victory over the KFTC when the Seoul High Court entirely overruled the KFTC's sanctions...
    South KoreaAntitrust/Competition Law
    Lee & Ko
    Lee & Ko
  • Article

    Supreme Court Overturns Three Decades Of Precedent On Royalties Paid To U.S. Licensors

    As cross-border licensing and settlement agreements become increasingly common and tax authorities intensify scrutiny of license fees, royalty payments, and other similar consideration (Royalties), understanding how Royalty payments are sourced for tax purposes is critical.
    South KoreaIntellectual Property
    Lee & Ko
    Lee & Ko
  • Article

    Korean Regulator, Encouraging Financial Institutions By Relaxing The Chinese Wall Regulations

    On 28 June 2016, the Korean government enacted an amendment to the Enforcement Decree of the FSCMA which, among others, expands the exception to the Chinese wall regulations . . .
    South KoreaFinance and Banking
    Lee & Ko
    Lee & Ko
  • Article

    PIPC Announces Policy Direction For The Protection Of Online Behavioral Data Used In Targeted Advertising

    On January 31, 2024, the Personal Information Protection Commission announced "Policy Direction for the Protection of Online Behavioral Data Used in Targeted Advertising".
    South KoreaMedia, Telecoms, IT, Entertainment
    Lee & Ko
    Lee & Ko
  • Article

    Stock Option Tax Treatment In Korea

    In Korea, news articles related to the grant or exercise of stock options by various companies are frequently observed.
    South KoreaTax
    Lee & Ko
    Lee & Ko

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