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KIM&CHANG A Quarterly Update of Legal Developments in Korea Newsletter
2024 Issue 1
UPDATES
Promulgation and Implementation of the Amended MRFTA
The amendment to the Monopoly Regulation and Fair Trade Act was promulgated on February 6, 2024, to improve the merger review system, the hearing process of the Korea Fair Trade Commission and the corporate disclosure system.
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Amendments to Protect IP Rights Holders Under the Trade Secret Protection Act and Patent Act
On January 25, 2024, the Korean National Assembly passed significant amendments to the Patent Act and the Unfair Competition Prevention and Trade Secret Protection Act that (i) increase punitive damages available for willful infringement of patents, trade secrets and certain unfair competition acts up to five times the actual damages, and also (ii) strengthen criminal sanctions for trade secret infringement.
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Amendment of FSCMA and Its Subordinate Regulations to Introduce “Prior Disclosure Regime” for Insider Trading
On December 28, 2023, the National Assembly passed a proposed amendment to the Financial Investment Services and Capital Markets Act requiring executives and major shareholders of listed companies to disclose in advance large-scale share transfers. The Amended FSCMA will take effect on July 24, 2024.
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KFTC Announces Key Initiatives for 2024
Highlights and Implications of FSS’s 2024 Audit Plan
Recent Regulatory Trends in Corporate Governance Restructuring Transactions
FSC Unveils Details of Corporate Value-Up Program
Promulgation of the Act on the Capture, Transportation, Storage, and Utilization of Carbon Dioxide
Promulgation of Amendments to Reform the Chemical Substance Management System
Recent Trends in Virtual Asset Regulation
Recent Amendments Strengthen Export Controls for Strategic Items to Russia and Belarus
Employers No Longer Required to Notify Employee-Inventors to Acquire Previously-Assigned Invention Rights
KCAB Enacts and Enforces “International Mediation Rules”
2024 Customs Office Work Plan
EU Launched First In-Depth Investigation Into a Foreign Subsidiary, Relating to a Public Procurement in Bulgaria, Against a Chinese State-Owned Company
Key HR Amendments for 2024
New Criteria for Determining Violation of Overtime Rules Pursuant to Recent Supreme Court Decision
Supreme Court Ruling on Interpretation of “Intent to Occupy as Actual Residency by Lessor” as Grounds for Lessor’s Refusal to Renew Lease Under Housing Lease Protection Act
Scope of the Serious Accidents Punishment Act Expanded as of January 27, 2024
2024 Tax Law Amendments (Selected Items)
CASES
Kim & Chang Successfully Overturns Sanctions Against Content Provider’s Change in Connection Routes
Kim & Chang achieved a significant victory for Meta Platforms Ireland Limited on December 21, 2023 when the Supreme Court revoked a corrective order and administrative fines imposed by the Korea Communications Commission in March 2018, regarding Meta’s change in connection routes.
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Represented Holding Company of Korean Conglomerate in Lawsuit That Revoked KFTC’s Disposition on Charges of Provision of Unfair Benefits to Related Party
Appellate Court’s Decision on Auto Insurance Coverage for Rental Expenses of Replacement Vehicles for Damaged Foreign-Brand Vehicles
NEWS
“Jurisdictional Firm of the Year: South Korea” – IFLR Asia-Pacific Awards 2024
Kim & Chang was awarded the “Jurisdictional Firm of the Year: South Korea” recognition at the IFLR Asia-Pacific Awards 2024. This award is given to one law firm in each jurisdiction that has engaged in the most innovative cross-border transactions in the Asia-Pacific region.
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Ranked “Band 1” in All Nine Areas, 39 “Leading Individuals” Recognized – Chambers Global 2024
“Tier 1” in All 17 Practice Areas – The Legal 500 Asia Pacific 2024
 
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