Foreign Direct Investment

“They grasp the client’s needs quickly and provide accurate and thorough feedback within the timex-frame. Plus, their interdepartmental collaboration is hugely helpful.”

- Chambers & Partners Asia-Pacific

Overview

Attorneys in our Foreign Direct Investment Group have unparalleled experience in advising foreign clients who are looking to establish business presence in Korea, on the full spectrum of issues they may face at each stage of the investment process.

We offer efficient and comprehensive services and solutions based on our extensive expertise as well as our vast experience in handling on-the-ground business challenges. Foreign clients rely on us for advice and guidance on Korea’s complex regulations on foreign investment and foreign exchange as they navigate through uncharted waters.

Preparation Stage

We provide all legal services required at the preparation stage, including identifying the most suitable investment structure for the client and any applicable tax incentives. Where required, we assist clients in establishing the selected form of business, whether it is a wholly-owned subsidiary, a branch or liaison office or a joint venture, and process all required filings to obtain necessary licenses and permits.

Execution Stage

We work with clients to ensure seamless execution of investments, whether they involve acquisition of shares in a Korean company or assets based in Korea, and advise clients on any applicable tax incentives and benefits. Our attorneys are equally committed to assisting clients with the day-to-day management and operation of business set up in Korea to ensure their objectives are met.

Exit Stage

Our advice extends to a wide range of post-investment services as we assist clients through issues relating to realization of their investments, such as disposal of assets, related tax analysis and repatriation of proceeds in compliance with foreign exchange regulations.

Key Services

Advice on relevant laws and regulations and investment structuring
Advise on the relevant laws and regulations in Korea, including the Commercial Code, the Financial Investment Services and Capital Markets Act, the Foreign Investment Promotion Act, the Foreign Exchange Transactions Act, tax laws and labor laws
Identify applicable tax incentives and benefits
Identify optimal structures of investment into Korea
Establishment and registration of subsidiaries, joint ventures, branches and liaison offices
Identify the most suitable form of business based on investors’ needs
Set up the domestic entity and complete registration
Completion of regulatory filings for government approvals
Prepare and submit merger filings to the Korea Fair Trade Commission and foreign investment reports to The Bank of Korea or foreign exchange banks, as applicable
Prepare and process applications and filings for licenses and permits
Identify applicable tax incentives and other administrative procedures and process required filings
Selection of transaction structures, drafting and negotiation of various agreements
Identify optimal transaction structures for joint venture, acquisition of shares or acquisition of assets
Draft and negotiate agreements and other ancillary documents
Assist with transaction closings and relevant government approvals
Assistance with business operations in Korea
Advise on the acquisition and lease of real estate and other assets in Korea
Draft and negotiate commercial agreements relating to outsourcing, licensing, manufacturing, distribution and franchising
Advise on disputes between joint venture partners
Advice on disposal of investment assets
Advise on transaction structures for disposal of assets
Draft and negotiate agreements and other ancillary documents
Advise on tax implications
Assist with remittance of proceeds

Representative Cases

An e-sports joint venture company between Comcast, one of the largest media companies in the United States, and SK Telecom
ImmuneOncia, a joint venture company, between Yuhan Corporation and Sorrento Therapeutics
Represented Amazon.com in its establishment of a data center in Korea
Establishment of a joint venture in Korea
An e-sports joint venture company between Comcast, one of the largest media companies in the United States, and SK Telecom
A chemicals production joint venture company between Zschimmer & Schwarz and KhaiEL Korea
A Polyoxymethylene Resins (POM) joint venture company between Kolon Plastic and BASF
A joint venture company between Technoprobe and KodiS for production of semiconductor components
A joint venture company between LG U+ and FocusMedia for the transfer of an elevator digital signage business
ImmuneOncia, a joint venture company, between Yuhan Corporation and Sorrento Therapeutics
Investment in facilities
Represented Wacker Chemicals Korea on the designation of its factory in Ulsan, Korea as a foreign investment zone in connection with its factory expansion
Represented SK Global Chemical in its establishment of a nexlene production facility in Ulsan, Korea through a joint venture with SABIC, the largest petrochemical company in the Middle East
Represented Amazon.com in its establishment of a data center in Korea
Represented Veolia Korea in its establishment of a medical waste incineration facility in Hongcheon, Korea
Represented Veolia Korea in its development of an industrial waste disposal facility in Yeongcheon Gogyeong Industrial Complex in Korea
Represented UPM in its establishment of a labelstock distribution terminal in Korea
Represented Veolia Korea in its development of a waste landfill facility in Songsan Industrial Complex 2 in Korea
Represented HellermannTyton in its establishment of a factory in Incheon, Korea
Represented Scandinavian Fittings and Flanges AS in its purchase of a factory site in Busan, Korea
Represented Metso Valstone in its establishment of a factory in Chungju High-tech Industrial Complex in Korea
Represented Kuroda Electric in its development of an industrial complex in Gimhae Science Park in Korea