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News & Analysis

Shareholders’ Contractual Rights in Korea’s Rehabilitation Proceedings

04 December 2023 by Jipyong - South Korea

In a recent case concerning shareholders’ contractual rights in rehabilitation proceedings, Korea’s Supreme Court held that a contract which grants the shareholders the right to consent

News & Analysis

Amendments to the Financial Investment Services and Capital Markets Act: New Sanctions Against Unfair Trading Activities

06 November 2023 by Jipyong - South Korea

On September 25, 2023, Korea’s Financial Services Commission (“FSC”) announced a legislative notice for a proposed amendment to the Enforcement Decree of the Financial Investment Services and Capital Markets Act (the “FSCMA”).

News & Analysis

MOJ Announces Amendments to the Korean Commercial Act to Reinforce Regulations on Corporate Governance and Protection of Shareholders

10 October 2023 by Jipyong - South Korea

On August 24, 2023, the Ministry of Justice (the “MOJ”) announced partial amendments to the Commercial Act of Korea to bolster regulations on corporate governance and protection of shareholders.

News & Analysis

Voluntary Carbon Market – A New Genre of Cross Border Disputes?

04 September 2023 by Jipyong - South Korea

Voluntary carbon market (“VCM”) is a truly unique marketplace where private actors buy and sell carbon credits to remove or reduce greenhouse gases (GHG) in the atmosphere.

News & Analysis

Recent Trends in Criminal Antitrust Investigations in Korea

08 August 2023 by Jipyong - South Korea

Recently, there has been an increasing number of cases where the Prosecutor’s Office (“PO”) initiated investigations on antitrust matters traditionally taken up by the Korea Fair Trade Commission (the “KFTC”), such as violations of the Monopoly Regulation and Fair Trade Act (the “MRFTA”) and bid rigging.

News & Analysis

Latest Developments on the Hydrogen Act: Introduction of the Hydrogen Power Generation Bidding Market

13 July 2023 by Jipyong - South Korea

Hydrogen power, among other new and renewable energy sources, is garnering attention as one of the carbon-free power generation sources in Korea.

News & Analysis

Can Liquidated Damages and Penalty Clauses Survive under Korean Law?

03 July 2023 by Jipyong - South Korea

Foreign contractors and subcontractors doing business with Korean companies are often puzzled by how Korean courts deal with liquidated damages and penalty clauses in contracts.

News & Analysis

Analysis of the First Applications of the Serious Accidents Punishment Act

21 June 2023 by Jipyong - South Korea

The Serious Accidents Punishment Act (“SAPA”) is a relatively new legislation that came into force on January 27, 2022.

News & Analysis

Enforcement of Arbitral Awards in Korea and Interplay with the Korean Fair Trade Act

25 April 2023 by Jipyong - South Korea

A recent decision by the German Federal Court of Justice has spurred interest in the international arbitration community regarding the interplay between a country’s antitrust laws and enforcement of foreign arbitral awards.

News & Analysis

Facilitating Access to Korean Capital Markets: Lifting the Foreign Investor Registration Policy and Mandating English Disclosures

06 March 2023 by Jipyong - South Korea

On January 25, 2023, the Financial Services Commission (the “FSC”) announced its proposed measures to ease foreign investors’ access to Korean capital markets (the “Proposed Measures”).