Jin & Kim, PLC | Legal Blog

Short AnswerBefore appointing a distributor or sales agent in Korea, a foreign company should clearly define the commercial relationship, authority of the Korean partner, exclusivity, regulatory responsibilities, intellectual property rights, and termination rights.A Korean distributor that purchases and resells products in its own name is legally and commercially different from a sales or comme..

Short AnswerA shareholder deadlock can arise when shareholders cannot obtain the votes or approvals necessary for important corporate decisions. This is particularly common in 50:50 joint ventures, although equal ownership does not automatically mean that a legal deadlock exists.Under Korean corporate law, one shareholder does not generally have a statutory right to force the other shareholder t..

Short AnswerMinority shareholders in a Korean company are not necessarily powerless simply because another shareholder controls the majority of the voting rights.Under the Korean Commercial Act, minority shareholders may, depending on their shareholding percentage and the circumstances, have rights to:Inspect certain accounting books and documentsRequest an extraordinary shareholders’ meetingMak..

Short AnswerBefore acquiring a Korean company, a foreign buyer should conduct legal due diligence tailored to the target company and the proposed transaction.A Korean legal due diligence review commonly covers:Corporate structure and share ownershipMaterial contractsAssets, debt, guarantees, and security interestsEmployment and labor mattersIntellectual propertyLicenses and regulatory compliance..

Short AnswerYes. Korean police and prosecutors may investigate alleged crimes committed in Korea by U.S. service members and other USFK-connected personnel.The Korea–U.S. SOFA does not create a blanket exemption from Korean criminal investigation. However, SOFA status may significantly affect access to installations, coordination between Korean and U.S. authorities, criminal jurisdiction, custod..

Short AnswerA dispute involving USFK or the U.S. Government does not automatically fall outside the jurisdiction of Korean courts simply because the United States is involved.The analysis generally requires three separate questions:whether a Korean court has international jurisdiction over the dispute;whether the United States or another U.S. governmental entity is protected by foreign sovereign..

Short AnswerClaims arising from U.S. military or USFK-related activities in Korea can follow very different legal routes depending on what caused the loss, who caused it, and whether the conduct occurred in the performance of official duties.As a practical matter, three categories should be separated at the outset:Personal injury or property damage involving possible official-duty conduct → may ..

Short AnswerYes—but success depends on understanding U.S. federal procurement rules, compliance obligations, and base-access logistics before you bid.Korean companies may provide goods and services for USFK-related projects in Korea, either as prime contractors or subcontractors. In practice, many USFK-related awards are issued by U.S. Government contracting offices and Department of Defense (Do..

Short AnswerPotentially, yes—but the correct route depends first on who the defendant is and what type of claim you have.A dispute involving USFK, the U.S. Government, a Non-Appropriated Fund Instrumentality (NAFI), a prime contractor, or a subcontractor may be handled very differently depending on the legal relationship between the parties.In practice, the first questions are usually:Who is the..

Short AnswerPotentially, yes.Whether you can recover money under a U.S. Government contract depends on the contract terms, the nature of the dispute, the identity of the contracting parties, and the applicable procurement procedures.Recovery is not determined solely by whether the work was performed successfully. Issues such as payment clauses, contract modifications, government claims, equitabl..