Corporate Disputes Shareholders’ Voting Agreements in South Korea:Can You Force a Shareholder to Vote? Taejin Kim · Managing Partner, Atlas Legal Supreme Court of Korea, Decision 2020Da219577 (June 12, 2025) Quick answer: Under South Korean law, a shareholders’ voting agreement is valid between the parties as long as it does not violate mandatory statutes or…
Corporate Disputes Are Penalty and Damages Clauses in Investment Agreements Enforceable in South Korea?Prior Consent Rights and the Shareholder Equality Principle Taejin Kim · Managing Partner, Atlas Legal Supreme Court of Korea 2021Da293213 · 2022Da290778 · 2023Da210670 Key answer: Under South Korean law, prior consent and penalty clauses in investment agreements are not automatically void….
Corporate Disputes Can a Winning Shareholder RecoverAttorney Fees in South Korea? Taejin Kim · Managing Partner, Atlas Legal Seoul Eastern District Court 2015Gahap108763 · Seoul Central District Court 2021Na63541 Quick Answer: Under Article 405(1) of the Korean Commercial Act, a shareholder who wins a derivative suit in South Korea may recover a “reasonable amount” of…
Construction & Public Contracts — South Korea Delayed Commencement vs. Suspended Construction:What South Korea’s Supreme Court Says About Liquidated Damages Taejin Kim · Managing Partner, Atlas Legal Suwon High Court 2025Na11033 · Supreme Court of South Korea 2026Da200798 Key Takeaway: When a contracting authority’s failure to secure a project site delays the start of construction…
Corporate Disputes Executive Severance in South Korea:Why a Shareholder Resolution Is Essential Taejin Kim · Managing Partner, Atlas Legal Seoul High Court 2025Na205650 · Supreme Court 2023Da269818 · Changwon District Court 2023Gadan111202 Key takeaway: In South Korea, a director’s severance and retirement pay fall under Article 388 of the Korean Commercial Act, so without a…
Core Answer: In South Korean pre-sale advertising disputes, whether advertising constitutes false or misleading representation is assessed from the perspective of ‘an ordinary consumer with average attention’ based on the overall impression conveyed (Supreme Court 2009Da4787 et al.). Advertising that presents uncertain facts as confirmed, or that materially overstates the likelihood of realization, violates the…
Core Answer: Under South Korean corporate law, a CEO has a duty to establish an internal control system and supervise employees’ compliance with applicable laws and regulations. The Supreme Court in Case 2017Da222368 held that failure to establish such a system — even where the CEO did not directly order or receive reports of the…
Core Answer: Under South Korean law, trade secret damages are calculated under Article 14-2(2) of the Unfair Competition Prevention Act based on the infringer’s profits attributable to the misappropriation. Seoul High Court 2025Na206557 (affirmed by Supreme Court 2026Da200492) applied a three-factor formula to the Nexon v. Iron Mace case: (1) a 2.5-year trade secret protection…
Table of Contents 1. The Bottom Line: Full Compensation Without Comparative Negligence 2. Damage Calculation Under South Korean Capital Markets Act 3. Why Bank-Affiliated Securities Firms Bear Heavier Duties in South Korea 4. Self-Regulation Cannot Substitute for Statutory Duties 5. Why Private Equity Funds Are Generally Unsuitable for Elderly Investors in South Korea 6. The…
Contents 1. What is a freight forwarder, and what happens when it issues a house bill of lading in South Korea? 2. Is the dual status an either/or choice under Korean law? 3. How do limitation periods differ between the two capacities? 4. Does the statutory package limitation apply to freight forwarder liability? 5. What…
