KIM&CHANG
Newsletter
A Quarterly Update of Legal Developments in Korea
April 2015, Issue 1
UPDATES
Tax
Changes to the Presidential Decrees of Tax Laws for 2015
The new excess retained earnings tax applies to both domestic corporations and Korean subsidiaries of foreign corporations with shareholders’ equity exceeding KRW 50 billion (excluding small and medium-sized enterprises) for the fiscal year starting on or after January 1, 2015. Shareholders’ equity is calculated as total assets less total liabilities exclusive of unpaid corporate income tax. Read more
ENVIRONMENT
Major Changes in Environmental Policy in 2015
The Act on the Registration, Evaluation, Etc. of Chemicals (“K-REACH”) and its subordinate regulations, i.e., the Enforcement Decree and the Enforcement Rules to K-REACH, took effect as of January 1, 2015. Under K-REACH, businesses handling chemicals are subject to more stringent government control; for instance, any person who intends to import (i) a new chemical, (ii) a pre-existing chemical of one ton or more per year, or (iii) a product containing hazardous chemicals, is required to file the respective report with the regulatory authority. Read more
TECHNOLOGY, MEDIA & TELECOMMUNICATIONS
Newly Issued Online Personal Information Processing Guidelines
By announcing the Online Personal Information Processing Guidelines (the “Guidelines”) on November 12, 2014, the Korea Communications Commission (“KCC”) has further clarified the standards for (1) collecting minimum personal information, (2) destroying personal information, and (3) obtaining consent, as required under the Act on the Promotion of Information and Communications Network Use and Information Protection (the “Network Act”). Read more
ANTITRUST & COMPETITION
Korea Fair Trade Commission Announces Comprehensive Enforcement Plan for 2015
Korea Fair Trade Commission Amends IPR Guidelines, Effective December 24, 2014
Korea Fair Trade Commission Amends Notification on Mitigation or Exemption of Corrective Measures Against Leniency Applicants of Improper Concerted Acts
SECURITIES
Amendment to the Financial Investment Services and Capital Markets Act and its Enforcement Decree
Shadow Voting System
BANKING
Best Practice Guideline for Corporate Governance of Financial Companies Goes Into Effect
Amendment to Bank Supervision Regulation Enters Into Force
INSURANCE
Amendments to the Insurance Business Law and its Enforcement Decree
Promulgation and Enforcement of the Amended Insurance Business Supervision Regulation
REAL ESTATE
Amendments to Enforcement Decrees of Real Estate Investment Trust Company Act
Amendments to Enforcement Decrees of Act on Sale of Building Units
LABOR & EMPLOYMENT
Key Changes to Employment and Labor Laws in 2015
TECHNOLOGY, MEDIA & TELECOMMUNICATIONS
Proposed Amendment to the Location Information Protection Act
INTELLECTUAL PROPERTY
Korea Fair Trade Commission Amends IPR Guidelines, Effective December 24, 2014
NEWS
SELECTED REPRESENTATIONS
BS Financial Group acquires Kyungnam Bank
JB Financial Group acquires Kwangju Bank
MBK Partners II sells Techpack Solutions
SCPE acquires PET bottle business from Hyosung
Merger of Woori Investment & Securities with NH Nonghyup Securities
Kunwha Pharmaceutical acquires the pharmaceutical business of Dream Pharma
Korean Supreme Court affirms corporations’ choice as to when to include bad debt allowance as deductible expenses
Supreme Court affirms Seoul High Court’s decision in Naver’s administrative litigation against the KFTC
KFTC approves consent decree with SAP Korea
Advising on the initial public offering of Cheil Industries involving the sale of existing shares and the issuance of new shares
Advising on the initial public offering of Samsung SDS involving the sale of existing shares
Approval of the acquisition of LIG Non-Life Insurance by KB Financial Group
Seoul High Court’s decision on cartel case concerning variable life insurance commissions
Purchase of logistics warehouse located at Majang-myeon, Icheon-si
The Hyundai Motor Group’s win in its ordinary wage case
The Supreme Court Decision on withholding tax on fees for patents registered abroad
Landmark decision puts the freeze on copying ice cream shop's trade dress
Investment in Korean mobile game company
Seoul Administrative Court finds royalty non-dutiable
AWARDS & RANKINGS
Top rankings in 6 practice areas and recognition of 28 leading individuals - Chambers Global 2015
Top rankings for 16 practice areas and recognition of 50 leading individuals - Chambers Asia-Pacific 2015
Korea Law Firm of the Year - IFLR Asia Awards 2015
Asian Law Firm of the Year - The American Lawyer Asia Legal Awards 2015
Ranked as top-tier tax law firm in Korea - Tax Directors Handbook 2015
PRO BONO
Recognized as World’s Top 17 Pro Bono Firm - The American Lawyer Magazine’s Global 100 (2014)
PDF VIEW
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© Kim & Chang 2015.