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Arnold & Porter Kaye Scholer LLP

Arnold & Porter Kaye Scholer LLP

Seoul, South Korea

Founded in 1946
2,057 people in their team
At Arnold & Porter, we are client-driven and industry-focused. Our lawyers practice in more than 40 practice areas across the litigation,...
English
Korean

About Business Law in Seoul, South Korea

Business Law in Seoul, South Korea, is a complex landscape with multiple layers owing to its robust economy and vibrant business scene. This dynamic city houses numerous multinational companies and is home to a thriving startup culture. The Business Law in Seoul encompasses rules that govern commercial transactions, mergers and acquisitions, corporate structuring, competition, labor, intellectual property, taxation, and much more. The laws are intended to maintain fair competition, protect customers and employees, encourage economic growth, and sustain an efficient market economy.

Why You May Need a Lawyer

Legal counsel is vital when navigating through the intricate landscape of South Korean business law. Lawyers can assist in starting a business, drafting contracts, handling tax matters, addressing labor disputes, and ensuring compliance with all local and national regulations. Legal assistance is also crucial during mergers and acquisitions, business restructuring or liquidation, and in cases of lawsuits or other legal proceedings. Lawyers also help protect businesses from potential legal risks by advising on preventive actions.

Local Laws Overview

The key aspects of local business laws in Seoul are framed by the Commercial Code, the Monopoly Regulation and Fair Trade Act, and the Foreign Investment Promotion Act, among others. The Commercial Code regulates commercial transactions, the protection of creditors, and aspects of company law. The Monopoly Regulation and Fair Trade Act is designed to prevent the domination of the market by a single entity and to promote competition. It prohibits unfair business practices and regulates mergers and acquisitions. The Foreign Investment Promotion Act provides incentives for foreign investors and ensures protections for their investments.

Frequently Asked Questions

Can foreigners start a business in Seoul?

Yes, foreigners can start a business in Seoul. The South Korean government encourages foreign enterprises and startups by offering incentives through the Foreign Investment Promotion Act. However, certain categories of business may have some restrictions.

What are the basic steps to start a business in Seoul?

The basic steps include creating a business plan, registering the business with the local district office, obtaining necessary licenses and permits, opening a bank account, and hiring employees (if necessary).

What are the labor laws in Seoul?

The Labor Standards Act in South Korea protects the rights of employees concerning working hours, wages, safety, workers compensation, and dispute resolutions. Employers must adhere to these guidelines to avoid penalties and disputes.

What taxes apply to businesses in Seoul?

Businesses in Seoul have to pay Corporate Income tax, Value Added Tax (VAT), and if applicable, Customs duties and excise taxes. Other taxes may also apply depending on the specific business activities.

Who regulates competition in Seoul?

The Fair Trade Commission (FTC) of South Korea regulates competition in Seoul, preventing unfair practices and promoting free and fair competition.

Additional Resources

For more detailed information, consider referring to the Korea Fair Trade Commission (KFTC) website, the Ministry of Economy and Finance for tax regulations, and Invest Seoul for guides on starting a business. Local law firms and chambers of commerce are also excellent resources for networking and finding legal consultation.

Next Steps

If you need legal assistance for your business in Seoul, start by identifying your specific needs. It is also important to find a reputable law firm or attorney specializing in South Korean business law. Ordering a legal consultation can help you understand your legal rights, obligations, and potential risks better. Additionally, familiarizing yourself with Korean business culture and customs can assist in making smoother business transactions.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.