ArticleShort Position Reporting System Proposed by Korean RegulatorsThe Financial Services Commission (FSC) aims to introduce a mandatory reporting system for high volume short positions.South KoreaFinance and BankingBae Kim & Lee PC
ArticleThe Distinction Between Information Gathering And Implicit CollusionA 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 ConstructionBae Kim & Lee PC
ArticleSummary Of The Investigative Powers Of The Competition Authority In KoreaUnder 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 LawBae Kim & Lee PC
ArticlePost-M&A Disputes In KoreaKorea 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 & ArbitrationBae Kim & Lee PC
ArticleKorean Supreme Court Finds Criminal Breach Of Fiduciary Duty In LBO Pledge Of Target AssetsRuling 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 & ArbitrationBae Kim & Lee PC
ArticleRecent Proposed Amendment to Korea’s Competition LawsOn 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 LawBae Kim & Lee PC
ArticleProspective Changes In The Korean Intellectual Property Law Pursuant To The Korea - US Free Trade AgreementAfter 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 PropertyBae Kim & Lee PC
ArticleRecent Developments To Monopoly Regulation And Fair Trade Act Of KoreaThe 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 LawBae Kim & Lee PC
ArticleKey Limits on Employer Latitude in Structuring WorkforceSouth 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 HRBae Kim & Lee PC
ArticleGovernment Overhauls Labour Standards ActRecent 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 HRBae Kim & Lee PC
ArticleProduct Market Definition In Anti-trust Cases Regarding Various Types Of Electronic Commerce Intermediary DistributorsWhen 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 LawBae Kim & Lee PC
ArticleRevisions to South Korea’s IP Laws In 2007South 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 PropertyBae Kim & Lee PC
ArticleCan You Believe In Korea?: Some Issues Of White Collar CrimeWhat 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 LawBae Kim & Lee PC
ArticleAssessing The Impact Of Resale Price Maintenance On CompetitionThe 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 LawBae Kim & Lee PC
ArticleImputed Liability For Anti-trust ViolationsUnder 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 violationSouth KoreaAntitrust/Competition LawBae Kim & Lee PC
ArticleThe Ten Major Problems with Dumping Margin Calculations in KoreaIn 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 LawBae Kim & Lee PC
ArticleSurviving U.S. Civil Litigation: Strategic Advice for Korean CompaniesProspect of Litigating in the U.S..South KoreaLitigation, Mediation & ArbitrationBae Kim & Lee PC