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  • Article

    Short Position Reporting System Proposed by Korean Regulators

    The Financial Services Commission (FSC) aims to introduce a mandatory reporting system for high volume short positions.
    South KoreaFinance and Banking
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    The Distinction Between Information Gathering And Implicit Collusion

    A recent ruling of the Korea Fair Trade Commission (KFTC) imposed substantial surcharges on six construction companies for collusion, finding that each of these companies conspired to bid for different sections of a construction project into which the construction works were divided and for which separate bids were procured.
    South KoreaReal Estate and Construction
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Summary Of The Investigative Powers Of The Competition Authority In Korea

    Under the Monopoly Regulation and Fair Trade Act, the Korea Fair Trade Commission may conduct an investigation of its own accord by taking the following measures if it deems that a violation of the act has occurred or is occurring.
    South KoreaAntitrust/Competition Law
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Post-M&A Disputes In Korea

    Korea has seen a dramatic increase in international commercial disputes in recent years. Among these, post-M&A deal disputes have become increasingly common and acrimonious. As the authors detail below, a historically unique set of circumstances set the stage for this swift rise in international disputes in Korea.
    South KoreaLitigation, Mediation & Arbitration
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Korean Supreme Court Finds Criminal Breach Of Fiduciary Duty In LBO Pledge Of Target Assets

    Ruling confirms long-suspected risk of liability for directors and officers in approving use of target company assets as security for acquisition financing.
    South KoreaLitigation, Mediation & Arbitration
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Recent Proposed Amendment to Korea’s Competition Laws

    On February 6 the Korean government issued a draft amendment to the Monopoly Regulation and Fair Trade Act (MRFTA), Korea’s general competition statute. Certain of the key changes proposed may be of particular interest to foreign companies that are intending to commence or are currently doing business in Korea.
    South KoreaAntitrust/Competition Law
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Prospective Changes In The Korean Intellectual Property Law Pursuant To The Korea - US Free Trade Agreement

    After an extensive negotiation period, Korea has finally entered into a Free Trade Agreement with the United States of America (“KORUS FTA”) on April 2, 2007.
    South KoreaIntellectual Property
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Recent Developments To Monopoly Regulation And Fair Trade Act Of Korea

    The Korean Fair Trade Commission (KFTC) reviewed its overall fair trade regime in 2006 and proposed a total of 34 items to amend in the Monopoly Regulation and Fair Trade Act (Fair Trade Act) and its Enforcement Decree.
    South KoreaCorporate/Commercial Law
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Key Limits on Employer Latitude in Structuring Workforce

    South Korea is commonly spoken of as a country with burdensome or inflexible employment laws. This article highlights four key sets of legal limits upon employers in Korea, in part reinforced by new legislation.
    South KoreaEmployment and HR
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Government Overhauls Labour Standards Act

    Recent amendments to the Labour Standards Act implement a five-day working week and alter minimum standards for paid leave. Other measures are intended to preserve current levels of pay and hourly wages notwithstanding shorter work hours. The changes will apply from July 2004 to employers in the public and financial sectors, and to those employing at least 1,000 workers.
    South KoreaEmployment and HR
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Product Market Definition In Anti-trust Cases Regarding Various Types Of Electronic Commerce Intermediary Distributors

    When determining an abuse of a market-dominant position by an open-market service provider, the Korea Fair Trade Commission will consider the characteristics of an open market, such as parties involved, sources of revenue, liability and risk.
    South KoreaAntitrust/Competition Law
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Revisions to South Korea’s IP Laws In 2007

    South Korea has introduced various amendments to its patent and utility model laws, effective for applications filed from July 1 2007. These include new requirements for drafting detailed descriptions and claims, and the adoption of late filing of claims. The amendments also impose a duty to examine each claim on examiners and shorten designated periods, effective from July 1 2007.
    South KoreaIntellectual Property
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Can You Believe In Korea?: Some Issues Of White Collar Crime

    What happens when the lion roars? Yes, the movie starts. The movie I will discuss today, however, is not one from MGM but from Paramount, The Godfather. It begins with a statement by an undertaker that he believed in America.
    South KoreaCriminal Law
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Assessing The Impact Of Resale Price Maintenance On Competition

    The US Supreme Court recently held that vertical resale price maintenance (RPM) should be reviewed under the rule of reason standard, overruling the 96-year-old case law establishing the per se illegality of minimum resale price maintenance.
    South KoreaAntitrust/Competition Law
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Imputed Liability For Anti-trust Violations

    Under Korean law, a third party (a shareholder, parent or affiliated company) that is closely related to a company that is found have violated the MRFTA may be considered directly or indirectly liable for such company’s violation
    South KoreaAntitrust/Competition Law
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    The Ten Major Problems with Dumping Margin Calculations in Korea

    In Korea, anti-dumping investigations are conducted by the Korea Trade Commission (KTC), which was founded in July 1987. The KTC is currently composed of one chairperson and eight commissioners, including one designated as a standing commissioner.
    South KoreaAntitrust/Competition Law
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    Surviving U.S. Civil Litigation: Strategic Advice for Korean Companies

    Prospect of Litigating in the U.S..
    South KoreaLitigation, Mediation & Arbitration
    Bae Kim & Lee PC
    Bae Kim & Lee PC

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