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News & Analysis

Amendment to the Safe Harbor Standards Under the Guidelines for Examination of Unlawful Support

06 February 2023 by Jipyong - South Korea

Effective from December 9, 2022, the amended Guidelines for Examination of Unlawful Support (the “Guidelines”) expands the scope and modifies the standards of the existing safe harbor.

News & Analysis

JIPYONG’s 2022 Year in Review

03 January 2023 by Jipyong - South Korea

As the year draws to a close, JIPYONG’s various practice groups look back at their achievements for the year 2022 and offer their insights for the coming year.

News & Analysis

Is Your Acquisition in Korea Subject to a Business Combination Filing to the KFTC?

05 December 2022 by Jipyong - South Korea

In acquiring shares in a Korean entity, foreign investors often neglect to take into consideration that their transactions might be subject to the filing of a report with the Korea Fair Trade Commission (the “KFTC”), especially when the contemplated transaction is not a 100% acquisition.

News & Analysis

Korea Includes Nuclear Power in the Revised K-Taxonomy

07 November 2022 by Jipyong - South Korea

With the looming energy crisis in Europe reviving nuclear power plants globally , new light has been shed on the role of nuclear power in pursuit of achieving carbon neutrality by 2050.

News & Analysis

Skyrocketing Material Prices’ Impact on Construction Contracts and Impending Amendment to Korean Fair Transactions in Subcontracting Act

04 October 2022 by Jipyong - South Korea

While the global economy is suffering from COVID-19 related recession and political unrest, the construction industry has been hit especially hard by surging prices of materials and wages. Subcontractors in particular are suffering huge losses. To cushion the harsh blow to contractors and subcontractors, the Korean government has introduced a mechanism called “Supply Cost Linkage System” effective September 2022. Through this system, increases in raw material prices can be automatically reflected and incorporated into construction costs. This system, however, is not mandatory under the current law, and several bills to amend the Fair Transactions in Subcontracting Act (the “Subcontracting Act”) are being introduced one after another.

News & Analysis

Recent Changes to the Scope of Available Discovery in International Arbitration

05 September 2022 by Jipyong - South Korea

Corporations often turn to arbitration to manage risks of being hauled into unfamiliar national courts and unpredictable laws. An often overlooked consequence of choosing arbitration is that available discovery may be limited, as a trade-off to efficiency and cost-saving. But in many civil law jurisdictions such as South Korea, discovery practice may be more limited than arbitral proceedings seated in common law jurisdictions or governed by their laws. In this regard, discovery in U.S. litigation stands out unparalleled.

News & Analysis

Regulation of Digital Assets – Now and Future

01 August 2022 by Jipyong - South Korea

The digital asset market was recently hit by the Terra (LUNA) crash and the Celsius withdrawal freeze. It was further shaken by the global economic downturn and austerity measures. With 5.58 million cryptocurrency investors and 1,256 listed cryptocurrencies, and average daily cryptocurrency transactions amounting to KRW 11 trillion, Korea’s KRW 55 trillion digital asset market was hardly unaffected by this crisis. Consequently, the need to enact laws on digital assets has become ever more crucial.

News & Analysis

New Amendments to the Prosecutors’ Office Act and the Criminal Procedure Code

04 July 2022 by Jipyong - South Korea

The latest amendments to Korea’s Criminal Procedure Code (the “CPC”) and the Prosecutors’ Office Act (the “POA”), intended (among others) to limit the prosecution’s power to conduct investigations directly, was passed by the National Assembly on May 9, 2022 and is scheduled to come into effect on September 10, 2022. Some of the key amendments, as well as the answers to some frequently asked questions (FAQ) on such amendments, are provided below.

News & Analysis

Anticipated Changes in Fair Trade Policies under the Suk-yeol Yoon Presidency

15 June 2022 by Jipyong - South Korea

The inauguration of Mr. Suk-yeol Yoon as the twentieth president of the Republic of Korea took place on May 10, resulting in a shift in governing party from the Democratic Party to the People Power Party. It is anticipated that this political shift will bring about changes in various public policies.

News & Analysis

New PIPC Manual on Personal Data Processing Consent and Guideline for Privacy Policies

09 May 2022 by Jipyong - South Korea

On March 3, 2022, a new “Easy-to-Understand Manual on Consent for Personal Data Processing” (the “Manual”) and “Guideline for Writing Privacy Policies” (the “Guideline”) were published by the Personal Information Protection Committee of Korea (the “PIPC”).