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KIM&CHANG A Quarterly Update of Legal Developments in Korea Newsletter
2024 Issue 4
UPDATES
Strengthening of Foreign Investment Security Review System
The amendments to the Enforcement Decree of the Foreign Investment Promotion Act proposed by the Ministry of Trade, Industry and Energy on December 20, 2023, were promulgated and became effective on August 27, 2024.
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Legislative Insights: Recent Developments in Corporate Governance Regulations to Enhance Shareholder-Oriented Corporate Governance
Recently, in the context of corporations restructuring their business and governance structures, active legislative discussions regarding changes to related laws and regulations are taking place. These include (i) discussions in relation to the reintroduction of the mandatory tender offer rule, and (ii) amendments to the Korean Commercial Code to encompass shareholders within the scope of directors’ duty of loyalty.
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Prospects for Key Trade Policy Direction of Trump 2.0
With Donald Trump’s victory in the US presidential election held on November 5, 2024, the second Trump administration will begin on January 20, 2025. The Republican Party also won the Senate and House Majority, achieving the so-called “Trifecta.”
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KFTC Announces Proposed Amendment to Act on Fair Transactions in Large Retail Business
KFTC Announces Draft Amendment to Unfair Trade Practice Review Guidelines
Enforcement and Implications of the Act on Management of Personal Financial Claims and Protection of Personal Financial Debtors
Pre-Announcement of Legislation to Improve Treasury Stock System of Listed Companies by Prohibiting Allocation of New Shares to Treasury Stock in Mergers, Spin-Offs or Spin-Off Mergers
Constitutional Court’s First Decision on National Greenhouse Gas Reduction Targets
Amendment to Environmental Impact Assessment Act Enables Differentiated Assessment Accounting for Difference in Environmental Impact
Trends in Amendments Including Postponement of EUDR Application Date and Future Strategies
Proposed Amendments to Electronic Financial Transactions Act
Regulatory Measures to Promote Healthy Competition and Strengthen Internal Controls in Insurance Industry
Financial Regulators Announce “Guidelines on Key Actuarial Assumptions under IFRS 17” and “Soft-Landing Plan for Rationalization of Insurance Liability Discount Rates”
Recent Supreme Court Decision Recognizing Ordinary Dismissal of Sales Employee for Poor Performance
Legislative Trends in Acts Related to Childcare Support and Wage Payment Delays
Key Features of New Rental Housing Supply Plan for Housing Stability
Amended Enforcement Decree of FSCMA and RIDS to Improve Regulations on M&As of Listed Companies
Supreme Court Held That Payment Made by Domestic Corporation That Forms Part of Multinational Business Group for Business Support Services Received from Parent Company and Overseas Affiliates Constitutes Business Income and Not Royalty Income
TMT Regulatory Updates: MSIT’s Audit of Facilities-Based Telecommunications Service Providers and Survey of Value-Added Telecommunications Service Providers, and KCC’s App Permissions Monitoring and Recommendations for Improvement
CASES
Supreme Court Rules That Infringement Damages Must Be Separately Assessed for Each IP Right Asserted in Infringement Litigation
In a recent case involving infringement on a licensee’s right to multiple intellectual property rights, Kim & Chang successfully represented the appellant in the Supreme Court, which ruled that for each licensed IP right, (i) the scope of the license for the right, (ii) whether the right was infringed upon, and (iii) the amount of damages should be individually reviewed and assessed.
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Duty-Free Shop Owner Successfully Obtains Court’s Judgment to Reduce Rent by 50% at Incheon International Airport Due to COVID-19’s Impact on Business
NASDAQ Listing of Naver’s US Subsidiary Webtoon Entertainment Inc.
NEWS
“Country Firm of the Year Awards: South Korea” for the 19th Consecutive Year - Lexology Index Awards 2024
Kim & Chang received the “Country Firm of the Year Awards: South Korea” award for the 19th consecutive year at the Lexology Index Awards 2024.
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“Band 1” in 18 Areas, 90 “Leading Individuals” - Chambers Asia-Pacific 2025
“Korea Law Firm of the Year” for 12 Years - ALB Korea Law Awards 2024
Ranked in the World’s Top 100 Law Firms for the 11th Consecutive Year - The Global 200 (2024)
 
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