Despite overpopulation and almost no natural resources, South Korea has consistently boasted one of the world's fastest growing economies and is now the sixth largest exporter and ninth largest importer in the world. This book is the first comprehensive resource in English to address the international demand for detailed guidance for lawyers advising investors on conducting business in South Korea. It provides not only a thorough description of Korean corporation law but also in-depth summaries and analyses of over 200 leading cases of the Korean Supreme Court. The author’s fine-grained coverage explains and clarifies the interpretation on all the topics of Korean corporation law, including the following: • types of corporations; • shares, share certificate, register of shareholders; • officers; • auditors; • small-scale corporations; • accounting; • “squeeze-out”; • mergers and organizational change; • limited partnerships and limited liability corporations; • foreign corporations; and • criminal penalties. Each of the cases analyzed has been selected to discuss a commonly occurring contentious issue in South Korea’s corporation law. As more and more international enterprises invest in and work with South Korea, this peerless work, with its unmatched practical information and insight into the key cases affecting South Korean corporation law, proves to be of immeasurable value to lawyers and in-house counsel of transnational corporations. It is also an essential volume for any academic research into matters concerned with investment in that country.

This book is a detailed overview of the corporate and financial laws of Korea and analyzes current issues within those fields from both academic and practical perspectives, providing a unique tool for understanding Korean law in a business and financial context. The approach of the book is two-fold. On the one hand the book offers valuable insight into the fundamental principles of Korean business law, and landmark cases in the field. On the other hand there is extensive analysis of more recent developments and of current issues raised by recent court cases. The book combines coverage of Korean corporate law and Korean financial law and includes detailed examination of corporate law issues such as director liability, minority shareholder protection, and the dynamic practice area of mergers and acquisitions, and of financial law topics, including private equity, structured finance and foreign financial institutions. A rich and extensive resource with insight from leading scholars and practitioners, Korean Business Law will be of great benefit both to lawyers who have clients with business interests in Korea, and to scholars of international corporate law and governance.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in South Korea provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume puts the information necessary for corporations to compete effectively at the user’s fingertips. An important and practical tool for business executives and their legal counsel interested in engaging in an international partnership or embarking on corporate expansion, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Korea will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative business law.

Can we expect the corporate directors' fiduciary duties law and business judgment rule to develop in a civil law jurisdiction the laws of which are built upon sophisticated statutes full of mandatory rules and are interpreted by conservative judges? The answer may be a surprising yes as far as Korea is concerned. Although the current situation in Korea in respect of the corporate directors' fiduciary law is a hybrid of case law and statute, there is a trend toward refinement of relevant legal rules and principles along with the gradual recognition of the business judgment rule as it was developed in the United States. This article describes the recent high profile court cases in Korea in which the directors' liabilities and business judgment rule were discussed.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in South Korea surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in South Korea will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.

In the context of Anglo-American corporate law, a board of directors shall manage the business and affairs of a corporation. The directors of a company owe their duties to the company as a whole and are not considered trustees for any third party, including individual shareholders. The Republic of Korea is one of the few jurisdictions that provides for directors' personal third party liability under a codified corporate statute. The purpose of this article to survey and analyse the Korean directors' liability regime. The article will scrutinise the legal basis and constitutive elements of directors' personal, third party liability in Korea. In light of the fact that the Korean judiciary only recognises direct damages for aggrieved third parties, the article will argue that, despite its codified nature, the director's third party liability regime of Korea embodies a stringent form of tort liability in need of change. The article concludes that, despite these shortcomings, the director's third party liability regime in Korea represents a balanced approach when it comes to the competing values of torts law and corporate law on the subject of director's personal liability.

Drawing from experts in legal practice, academia, and the judiciary, Korean Business Law: The Legal Landscape and Beyond provides clear and concise explanations of what the law means in relation to South Korea's often complex and changing business law environment. This book is written for a diverse global audience, from lawyers to business leaders, from professors to students, both inside and outside of Korea. Some of the many topics include: corporations, mergers and acquisitions, securities offerings, the Korean judicial system, intellectual property, project finance, private equity funds, competition law, broadcasting/telecommunications, renewable energy law, corporate governance, legal risk management, labor law, real estate, trade law, and torts. "Jasper Kim's new book is a welcome resource for practitioners, scholars, and anyone interested in Korean business law." -- Susan Lawrence, Associate Director, Korea Institute, Harvard University "The contributors to this book have done enormous service by laying out the differences and similarities for an international audience." -- Evan Ramstad, Staff Reporter, Wall Street Journal "Kudos to Jasper Kim for bringing such a diverse group of scholars and practitioners together in one convenient and very readable book." -- Benjamin Hughes, Attorney, Shearman & Sterling, Singapore "A welcomed publication that could not have come at a better moment during this time of change, challenges, and renewed growth for Korea." -- Samuel S. Nam, Chief Administrative Officer, J.P. Morgan, Korea

Comparative Takeover Regulation compares the laws relating to takeovers in leading Asian economies and relates them to broader global developments. It is ideal for educational institutions that teach corporate law, corporate governance, and mergers and acquisitions, as well as for law firms, corporate counsel and other practitioners.