Share Transfer vs. Business Transfer: Non-Compete in South Korea
Attorney Taejin Kim successfully represented the former majority shareholder in a South Korean non-compete injunction proceeding arising from a share transfer, securing dismissal of the application. Drawing on the Supreme Court of Korea’s landmark ruling in 98Da45546 (1999) and a decision of the Incheon District Court, this post explains the critical legal distinction between a […]
Subcontractor Insurance Premium Recovery — Unjust Enrichment Win
Wage Peak System Validity in South Korea: Fixed vs. Extended Retirement
Atlas Legal has published a detailed legal analysis on the validity of South Korean wage peak systems, focusing on the critical distinction between fixed-retirement and extended-retirement types and the Supreme Court’s four-factor framework governing each. Project Overview This analysis examines the legal standards applicable to wage peak system validity disputes in South Korea, drawing primarily […]
Illegal Dispatch vs. Outsourcing in South Korea – Gwangju High Court 2026
A Gwangju High Court judgment issued on January 22, 2026 (Case 2023Na23653) confirmed that a 28-year outsourcing arrangement constituted illegal labor dispatch under South Korean law, obligating the principal company to directly employ over one hundred workers. The court’s analysis makes clear that contract labeling is irrelevant — operational substance controls. Case Background The case […]
Korea Trust Liability Limitation Clause — Supreme Court 2026
South Korea’s Supreme Court unanimously held on February 26, 2026 (Case 2023Da280945) that a liability-limitation clause in a management-type land trust supply contract is unenforceable against a unit buyer under Article 3(4) of the Standard Terms Act if the trust company failed to explain the clause specifically and in detail at the time of contracting. […]
Fatal Commuting Accident Recognized After Childcare Stop
The Seoul Administrative Court has recognized a fatal highway accident as a compensable commuting accident under South Korean workers’ compensation law, ordering COMWEL to cancel its denial of survivors’ benefits and funeral expenses (Seoul Administrative Court, January 22, 2026, Case No. 2025Guhap54242). Project Overview A construction site safety manager employed in Eumseong County, North Chungcheong […]
Fraudulent Conveyance Exclusion Period South Korea — NTS Dismissal Case
In a South Korean national tax delinquency case handled by Atlas Legal Senior Attorney Soyoung Park, a court dismissed the National Tax Service’s fraudulent conveyance action after finding the 1-year exclusion period had expired — illustrating that even the government cannot escape South Korea’s strict filing deadlines for creditor revocation claims. Case Overview Mr. A […]
Source Code Trade Secret Injunction Granted in Korea — Joint Development Agreement Analysis
html Atlas Legal obtained a trade secret injunction prohibiting the unauthorized possession, use, reproduction, distribution, and modification of misappropriated software source code, with the court ordering a KRW 1 billion security deposit as a condition of the interim relief. Case Overview Our client (Company A) is a developer and manufacturer of industrial automation device software […]
Reconstruction Sale Proceeds: Void Assignment Under Hapyu Doctrine
Atlas Legal successfully defended a purchaser against a KRW 500 million claim by establishing that sale proceeds in a joint reconstruction project constitute co-owned (hapyu) property under Korean Civil Code, rendering the contractor’s unilateral assignment void. Case Overview In a reconstruction project in the Seoul metropolitan area, a contractor and reconstruction association jointly executed a […]
False Goose Down Advertising – KFTC Sanctions Analysis
Atlas Legal analyzed KFTC Decision No. 2026-002 (January 14, 2026) and published detailed commentary on the regulatory risks and preventive compliance strategies for companies advertising down filling content in South Korea. Overview This commentary addresses apparel manufacturers and distributors engaged in the padding and outerwear market. The analysis reviews applicable Korean labeling standards under KS […]