Posts Tagged ‘Don Southerton Korea consultant’

2012 Trends and Expectations—A Korea-facing Commentary

Sunday, January 1st, 2012
2012 Trends and Expectations—A Korea facing Commentary

By Don Southerton

Each new year, I share thoughts for the upcoming months in an executive-level commentary. Looking back at 2011, South Korea’s export economy saw a robust year—familiar names like Samsung, Hyundai, and Kia continuing to grow global market shares—demand driven by a mix of product quality, value, and design appeal, along with Japanese brands suffering set-backs from the devastation of the tsunami and threat of catastrophic nuclear meltdown.

Tempering the demand for top Korean cars, electronics, and consumer goods were deep concerns over the EU fiscal crisis—worries that still linger.

On a positive note following an amended agreement for the Korea-U.S. Free Trade Agreement (KORUS FTA) and ratification both by the U.S. Congress and Korean Assembly expectations are that the treaty will be implemented in the first quarter of 2012. Advocates and critics alike see the FTA boosting annual commerce between the two nations into the billions of Dollars.

Looking forward to 2012, first, the succession in North Korea will continue to be a concern. Issues include the stability of the Kim regime, threats of more border clashes, and an unchecked nuclear arms program. I’ll continue to monitor and share news as it unfolds.

Next, building on the momentum of the past 3 years, expect Korea’s export-driven firms to push their organizations to carve out greater global market shares. Look for even bolder announcements and sales targets than in the past. For example, Hyundai Motor Company, along with their sister firm Kia Motors, announced their global goals for 2012—targeting sales of seven million units. This is a significant increase from estimated sales of between 6.5 and 6.6 million the group expects for 2011.

Not to be outdone, Samsung Electronics, with record 2011 cell phone sales, intends to increase their total by as much as 15%. This translates to approximately 374 million phones, including 150 million smartphones for 2012.

One change from the past 2 years…., I expect few new foreign brands to enter the Korean market in 2012—part saturation, part concerns by the major Groups over the euro-zone fiscal crisis and a stalling U.S. economy undercutting global demand that in turn has an impact on the domestic economy. Two exceptions. One will be services benefitting from KORUS FTA such as U.S-based international law firms wishing to expand into Korea. The second are highly successful brands and products that bring with them strong appeal and a ready market—for example, Chipotle.

For those foreign businesses and brands that do plan to enter the Korean market or partner with Korean firms, I suggest they take efforts to understand not only the culture, but also business norms and expectations. For example, your key management needs access to coaching and someone to answer their questions on topics ranging from strategy to the impact of routine management changes within their Korean partner’s organization. It’s a small upfront investment and less costly than the consequences, which can include lawsuits, local and expat employee turnover, and months of missed goals and low productivity—not to mention tensions between you and the client over expectations. I know this area well—most recently handling the negotiations for a major brand launch in Korea.

Finally, expect further growth in Korean Green technology (wind power, solar, eCars, batteries), along with Korean overseas acquisition of energy related firms. With regard to Green, most of Korea’s major Groups have boldly entered the renewable and sustainable side of the market with plans to expand sales and distribution globally. This includes state of the art manufacturing facilities for wind turbines, solar cells, next generation batteries, and electric power trains.  In particular, Hyundai and Kia introduced hybrid models in 2011, with the group aiming to launch a variety of eco-friendly models in 2012.

To conclude, understanding the dynamics of Korea’s economy, markets, and major business groups is vital. It is critical to take into consideration Korea’s past and current trends. Culture, global influences, and a 24-hour virtual workday add to this complexity. I’m dedicated to providing much needed research, analysis, and critical thinking to provide you with answers and insights 24-7-365.

Please feel free to share this commentary across your organization and teams.

If needed, I can also provide more details on specific market sectors, etc.

Sponsored by KoreaPros

2012 Trends and Expectations—A Korea facing Commentary

Happy Holidays 2011

Friday, December 23rd, 2011
Happy Holidays 2011

Happy Holidays 2011

As the holidays approach, you may wish to greet your Korean colleagues with:

Sae hae bok man i ba deu say yo! (Season’s Greetings)

(I will modify the Romanization for easier pronunciation).
Hint: Break the greeting into: sae hae bok—mah ne—bah deu say yo

In South Korea, the government recognizes Christmas December 25 as a public holiday. This year it falls on a Sunday, so most are back to work on Monday. Christians, who make up about 30% of the population, celebrate the occasion as a religious holiday.

Like in the West, both Christians and non-Christians may engage in some holiday customs such as gift-giving, sending Christmas cards, and setting up decorated trees in their homes.

What may surprise some is that public and company Christmas trees and decoration stay up way past the holiday. In fact, many stay in place to the Lunar New Year in late January.

Sae hae bok man i ba deu say yo! works well and is a common seasonal greeting.
For those wanting to wish someone Merry Christmas use Sung tan jul chuk ha.

If you have a specific question, please feel to contact me at Dsoutherton@bridgingculture.com.

Have a happy holiday season!

Sae hae bok man i ba deu say yo!

Happy Holidays 2011

Forbes–New Urbanism: Smart, Sustainable Growth — Fantasy Vs. Reality

Friday, December 16th, 2011
Forbes  New Urbanism: Smart, Sustainable Growth    Fantasy Vs. Reality

By Don Southerton, KoreaLegal.org Editor

Forbes  New Urbanism: Smart, Sustainable Growth    Fantasy Vs. Reality

New Urbanism: Smart, Sustainable Growth — Fantasy Vs. Reality

Guest Post By Don Southerton

As mentioned in a previous Forbes guest article, I live in Belmar, a new urbanism community in Colorado. With today’s global and often virtual workplace, about half my day centers on Korea. Between trips to Seoul and being highly involved in Korea-facing business I’ve long observed Korean trends toward quality of living, green and sustainability. For example, trendy Korean Starbucks asks patrons to separate their trash from hot liquids—not trashing unused coffee with the paper waste—soggy paper is hard to re-cycle.

I also support Korean manufacturers like Hyundai and Kia Motors. I see them striving to produce the next generation of green and sustainable cars: Outside the hybrids, eCars, and Fuel Cell Electric Vehicles (FCEV), the materials now used in the assembly of the vehicles are increasingly eco-friendly along with a bold program for the recycling of obsolete cars and trucks.

On a broader scale, I’ve been involved in new urban communities like South Korea’s Songdo International Business District—envisioned as a “city of the future” and intended to meet strict environmental building standards amid providing world-class amenities.

My days are also impacted by life in Belmar. The vision of Continuum Partners LLC., a Denver-based real estate development company, for Belmar was born from the belief that there is a connection between long-term, sustained property value, high-quality urban design, and the principles of smart-growth. At its core Belmar strives to offer a balance between a Live, Work, and Play lifestyle.

Between my Korea experiences with projects like Songdo IBD and those in America like Belmar, I see new urban communities—looking to link quality of living and sustainability—facing a number of challenges. Beyond huge development costs, the vision for these communities not only centers on providing a high quality of living amid green tech rooftop solar arrays and LEED-certified buildings that pass US energy-efficiency standards, but for the developers and businesses financial considerations matter, too.

With groundbreaking in October 2002 and most of the construction completed by 2008, Belmar developer Continuum CEO Mark Falcone has sought to maintain a balance between promised deliverables to the public and local governing bodies, and fiscal realities. As Falcone notes, “The key factor which allowed us to manage through all the changing dynamics of the market was the zoning and a highly responsive City [Lakewood, Colorado]. Those factors gave us the flexibility to respond to evolving market realities as they emerged without altering the essential character of the place.”
When questioned on how Belmar adapted, the Denver developer further explained: “As the economy eroded we had to shift to less ambitious development phases. We focused on heavily pre-leased developments and sacrificed density to keep things moving. We also sold land directly to users or other builders. A land sale to Target in early 2010 and KB Home in early 2011, for example.”

That said, I’m drawn to a question—Have high profile new urbanism communities like Belmar met their early vision and expectations? Several key areas deserve reviewing. They include:

Green—Plan to reality. Beyond core values of ecological sustainability, Belmar relied partially on a $200 million green bond for funding the development. (Belmar only ended up using only $8 million of the bond allocation.) Still, Belmar had an incentive to ensure its renewable energy program was implemented and green building practices were followed. Two key programs stand out in Belmar—Solar and LEEDs. According to Belmar officials, the roof top solar farm and sustainability gets the most attention—renewable energy being a popular topic.

That said, the developers are perhaps prouder of their LEED’s initiative. In 2002-2003, with construction underway for one of America’s first LEED Silver Certification buildings, Belmar gained national attention. In particular, Belmar was unique since it was a mixed-use structure. Sitting in a conference room on the second floor of the three-story LEED building, I found the heat/AC vents of interest—their floor location similar to a water drain, but pushing out warm air on a chilly Denver morning.

Over the next few years of new construction, retailer Target exceeded expectations and met Silver LEEDs standards. Along with the Whole Foods building and interior, in all, four of Belmar’s structures are LEEDs certified.

Housing—Plan to reality. Belmar apartments are currently divided into two groups. The first grouping are those more near the core of the project and spread out into about seven buildings. Currently, these units are over 95% occupied. A 300 unit building to the south of the project is approximately 97% occupied. Belmar upscale condominium units are 100% sold.

Commercial Leasing—Plan to reality. As of the end of October 2011, Belmar office space is 96.4 % occupied and 100% leased. The key tenant is The Integer Group, one of the world’s largest promotional, retail, and shopper marketing agencies, and a member of Omnicom Group Inc. Their Belmar offices alone employ over 500 people.
Retail—Plan to reality. As of the end of October 2011, Belmar retail space was 91% occupied and 92.3% leased. Key tenants include: Target, Whole Foods, Best Buy, Dick’s Sporting Goods, and Nordstrom Rack, along with a mix of national and local stores, shops, and services. In particular, the Ohio Center for Broadcasting, Denver and Paul Mitchell, the School adds to the community’s diverse appeal.

Services, Amenities and Community events—Plan to reality. Many in the Denver area find Belmar’s restaurants (PF Chang’s, Ted’s, The Rock, Baker Street) trendy, with shopping and parking convenient. The ice skating rink is a seasonal highlight. (I’m fond of the “skating with Santa” holiday promotion on Saturdays leading up to Christmas.) Furthermore, Summer Sundays also see a thriving Farmer’s Market, and a flourishing local art scene. I have also heard there is interest among locals for a community garden. Count me in on the latter.

Overall, Belmar has made good on its promises and pledges. Still, sustaining the vision over time, like building a sustainable community, will require the embrace and support of local residents, merchants, commercial tenants, and consumers. I see the local art scene and plans for the community garden as very encouraging. Moreover, it seems that visitors to Belmar appreciate the community’s new urbanism focus and in some cases envy a life style where one can live and walk to work.

Meanwhile, I’ll continue to share my impressions of Korea, Songdo, and Belmar—and wait for the day when in America I will not have to dump my excess coffee in with the recyclables or maybe take a spin around the local community in a EV.

Don Southerton is a consultant, marketing strategist, and researcher for top Korean-based corporations with global business, along with major western firms that have ventures in Korea and Asia Pacific.
Southerton frequently comments in the media on topics including the Korean car market, Green technology, and global business.

Belmar Solar Array Fact Sheet

The Belmar Solar Array began operating in late summer 2008

The Belmar Solar Array consists of approximately 8,370 panels and is 125,000 square feet in area.

The Belmar Solar Array is a 1.75 mega watt system generating approximately 2.3 million kilowatt hours of electrical energy per year.

The Solar Array power lights in the three structured parking garages on which the panels are mounted. (Technically, the power generated by the solar arrays is routed back to the local XCEL Energy grid, and XCEL sells power back to the Belmar project at a reduced rate.)
Source: Belmar

 

Forbes  New Urbanism: Smart, Sustainable Growth    Fantasy Vs. Reality

CNBC Coverage of KORUS FTA

Saturday, December 3rd, 2011
CNBC Coverage of KORUS FTA

By Don Southerton, KoreaLegal.org Editor

With South Korea president Lee Myung-bak signing the KORUS FTA, we see the major trade agreement taking effect in January 2012.

Long a topic of KoreaLegal.org, we were pleased to hear Sean King, Senior VP of Park Strategies, CNBC’s comments on KORUS FTA.

Loved Sean’s comments and observations on Korean cars.  GM Korea (formerly GM Daewoo) Chevy ribbon badging was a smart move….Old gray GM Daewoo showrooms are now Chevy Town…. colors bright…. etc. Might have something to do with 2 former heads of Hyundai Motor America marketing now running GM and Chevy marketing globally.

See http://video.cnbc.com/gallery/?video=3000059540

 

CNBC Coverage of KORUS FTA

KEB Lone Star TBS eFM Radio Commentary

Saturday, November 26th, 2011
KEB Lone Star TBS eFM Radio Commentary

By Don Southerton, KoreaLegal.org Editor

KEB Lone Star continue to draw media attention. In fact, it has long been a lightning rod for controversy.

I’ll soon post an audio of  my recent TBS eFM interview on issues surrounding Lone Star and KEB.

That said, one dimension to the controversy is–Does Lone Star warrant the huge payoff? Maybe…

1) they did turn KEB into a hugely success bank.

2) if there had never been issues that tied up  KEB Lone Star  in the courts, Lone Star would have preferred  to sell their holdings in 2006 and in subsequent aborted deals. Ironically being forced to hold on the FEB, Lone Star will reap even more gains.

Comments and / or questions?

KEB Lone Star TBS eFM Radio Commentary

Forbes–Songdo, Belmar, and New Urbanism

Thursday, November 17th, 2011
Forbes  Songdo, Belmar, and New Urbanism

By Don Southerton, KoreaLegal.org Editor

My article in Forbes…    I’ve been a long time advisor on the Korea-facing projects providing high level strategy and cross cultural support. In a follow-up article,  I plan to look at expectations and reality, plus why Green cars have a role in new urbanism.

New Urbanism: Comparing Songdo, South Korea to Belmar, USA

Forbes  Songdo, Belmar, and New Urbanism

Songdo, South Korea Master Plan
Guest Post By Don Southerton
I’m a baby boomer. I grew up in a small town of 6,000 in northeastern Pennsylvania—a county seat surrounded by dairy farms. We walked to the elementary school, the neighborhood store for a loaf of bread and maybe a soda, and weekly shopping trips downtown–3 blocks from home. Most backyards displayed gardens with long rows of vegetables, some yards cultivated grape vines, raspberry bushes, or an apple tree. Seasonally, we ate tomatoes, cucumbers and green beans in the summer, then squash, sweet corn, and apples in the fall. Fresh eggs and milk came from local producers. People canned goods for the winter, and most home menus followed the seasons. Long before sustainability, environmentalism, and new urbanism, small town America was rooted in comparable notions.
…Jump forward a few decades; I now live in Belmar, a new urbanism community on the outskirts of Denver, Colorado. New urbanism represents a design movement that promotes walkable neighborhoods where residents live, work, dine, and shop. The communities embrace energy-efficient buildings, smart growth, transit-oriented development, sustainability, and quality of living.
…For Belmar, the developers converted a former 1960s era dying mall into a mixed-use community of 23 city blocks. The community incorporates LEED’s green standards, along with solar farms on the roofs of parking structures, and outdoor street lighting that conforms to the International Dark-Sky Association and limits light pollution. Retail stores like Belmar’s Target were built to meet LEED certification, while corporations including The Integer Group, an international advertising agency, embrace the community’s sustainability and green policies.
What perhaps is most interesting is that my desire to live in Belmar was highly influenced by another high profile new urbanism project—this one on the western coast of South Korea—Songdo International Business District (IBD), a joint venture of New York-based real estate developer Gale International and the engineering and construction arm of South Korea’s steel producer Pohang Iron and Steel Company (POSCO). The urban development is a master planned mixed-use community that set out and conform to rigid international standards for design, sustainability, and, most importantly, an unparalleled quality of life.
…A model for new urbanism, the developer’s vision for Songdo IBD went beyond Green, sustainability, and quality of life with western-style amenities to attract international visitors, residents, and business firms to South Korea. This in turn would pave the way for Koreans to interact more closely with foreigners, and create good jobs for the Korean people.
In both cases the developers set out to transform and reshape communities. For Songdo IBD, the city-size project is built upon reclaimed land and mudflats. For Belmar, it was a greyfield transformation of an aged and dated mall. In both cases, we find extensive master planning, large scale construction, mixed-use development, cultural amenities, and a pedestrian and transit oriented lifestyle with less dependency on automobiles—although I’d like to see the Belmar add some clean energy LPG or electric recharging stations.
….That said, living in Belmar my task at hand is now to look deeper into how closely the developers’ goals and visions for the respective U.S and Korean communities manifests over time. I plan to share my cultural research in future writings. Meanwhile, frequent visits to South Korea and Songdo IBD, along with daily strolls through Belmar will provide first hand impressions of 21st century new urbanism—amid memories on my youth growing up in small town America.
Don Southerton is a consultant, marketing strategist, and researcher for top Korean-based corporations with global business, along with major western firms that have ventures in Korea and Asia Pacific.
Southerton frequently comments in the media on topics including the Korean car market, Green technology, and global business. His work, Chemulpo to Songdo IBD, Korea’s International Gateway was released in August 2009 at the gala opening of the Songdo IBD and the Incheon Global Fair.
Forbes  Songdo, Belmar, and New Urbanism

Books on Korea: Fiction and Non-fiction

Saturday, November 12th, 2011
Books on Korea: Fiction and Non fiction

By Don Southerton, KoreaLegal.org Editor

I was recently asked about my publications. Reminded me that I rarely mention past writing and research interests other new projects. Currently, I’m mid way on a book about Hyundai Motor Group corporate culture, and writings centered on new urbanism with ties between Songdo IBD ( Incheon, South Korea) and Belmar ( in the Denver, Colorado area).

Meanwhile here a LINK to some of my publications–some complimentary, too.

Books on Korea: Fiction and Non fiction

Books on Korea: Fiction and Non fiction

Anti-dumping Duties, Samsung, LG, and Rival Whirlpool-Maytag

Friday, October 28th, 2011
Anti dumping Duties, Samsung, LG, and Rival Whirlpool Maytag

By Don Southerton, KoreaLegal.org Editor

With KORUS FTA most tariffs on US and Korean goods are immediately eliminated– or going away over the next few years.

One exception are tariffs imposed on Korean companies as anti-dumping duties.

This article in BBC News centers on Samsung, LG, and appliances…. the duties will thwart efforts by Samsung and LG to gain market shares….

Anti dumping Duties, Samsung, LG, and Rival Whirlpool Maytag
The article notes:
Whirlpool started the action against rivals saying they were selling at “unfairly low” prices

The United States has put preliminary anti-dumping duties on some fridge freezers from South Korea and Mexico.

The US Commerce Department said it would apply duties of up to 37% on bottom-mount refrigerators – those with freezers below the fridge – made by Samsung and LG in those countries.

The US imported $880m (£550m; 622m euros) of refrigerators from South Korea in 2010 and $2.31bn from Mexico.

The duties were prompted by a complaint by US fridge giant Whirlpool.

Whirlpool, which employs 23,000 in the US, said in a statement: “When foreign companies like Samsung and LG violate trade laws, they destroy the ability of United States producers to invest, innovate and create jobs here in America.”

‘Unfair’

The US Commerce Department criticised Samsung for its submissions to it: “We found that Samsung Korea did not act to the best of its ability by failing to submit useable data with respect to its sales of certain products subject to the investigation.”

Samsung and LG make refrigerators in both South Korea and Mexico.

In its complaint, Whirlpool accused the producers of selling the bottom-mount refrigerators in the US at unfairly low prices.

Whirlpool also accused its South Korean competitors of receiving government subsidies, but the Commerce Department has so far denied duties on that front.

Other producers, including Mabe and Electrolux, had duties of 36% and 20% imposed on their Mexican-made profits.

South Korean company Daewoo, also part of the complaint, had a zero tariff applied.

In a separate move, the Commerce Department also imposed preliminary anti-dumping duties of up to 194% on about $80m of steel wheels from China that it said were being sold at unfairly low prices.

US corporations Accuride and Hayes Lemmerz International triggered the move by filing a case in March this year.

President Barack Obama’s administration has imposed anti-dumping duties on 23 different products from China since taking office in 2009.

Anti dumping Duties, Samsung, LG, and Rival Whirlpool Maytag

KORUS FTA–Opportunity and Challenges

Thursday, October 13th, 2011
KORUS FTA  Opportunity and Challenges

By Don Southerton, KoreaLegal.org Editor

We’re thrilled with the US Congressional approval of the KORUS FTA. Still some hurtles, but we assume the treaty will be enacted soon.

Meanwhile many are looking to Korea for opportunity, as others in Korea will look to America to benefit from the agreement.

We can help. In fact, with KORUS FTA … learn how to best approach Korea-facing business. Unique case study “sneak peek” now available. Just ask us for the Private Link.  Dsoutherton@bridgingculture.com

KORUS FTA  Opportunity and Challenges

Korean Commercial Code Adds New Business Options for Investors

Saturday, October 8th, 2011
Korean Commercial Code Adds New Business Options for Investors

By Don Southerton, KoreaLegal.org Editor

We are again pleased to share an update by Kent Wong on recent changes to South Korea’s commercial code. Kent is a Senior Foreign Attorney (Partner) at APEX LLC and noted expert on international investment.

Introduction

The Korean Commercial Code (KCC) is the main body of laws in Korea relating to business and business enterprises in Korea. Recent amendments to the KCC include the addition of two new types of business entities: hapja johap (“partnership association”) and yuhan chaekim hoesa (“limited liability company”) to meet the increasing demands of investors and dynamics in Korea’s economy. The additional business entities were created to provide greater flexibility in the formation, operation and dissolution of a business enterprise to promote commerce while providing limited liability protection to investors.

With the additional legal entities, the business entities that will be recognized under the amended KCC are as follows: (i) johap (association), (ii) hapmyung hoesa (general partnership), (iii) hapja hoesa(limited partnership), (iv) yuhan hoesa (limited company), (v) chusik hoesa (joint stock company), (vi) hapja johap and (vii) yuhan chaekim hoesa. The main features of a hapja johap and yuhan chaekim hoesa are summarized below.

Hapja Johap  Hapja johap is a business entity similar to a limited partnership recognized in the United States. The main features of a hapja johap are as follows:
a) A hapja johap can be established upon an agreement among (i) one or more managing partners who agree to bear unlimited liability in the partnership and (ii) one or more limited partners, whose liability is limited to their capital contribution in the partnership to make joint capital contributions to conduct business together. A hapja johap is not a separate legal entity per se and, instead, is recognized as an “association” authorized by law to engage in business (similar to johap).
b) The major matters required to be included in the limited partnership agreement are: (i) the purposes of the partnership, (ii) the name of the partnership, (iii) the individual names of the partners, (iv) the contribution amounts of each partner, (v) ratio allocation of profits and losses of the partnership among its members, (vi) matters regarding assignment of limited partners’ interests in the partnership and (vii) matters relating to the distribution of residual assets among its partners. Once a hapja johap is established, certain information stipulated in the KCC (e.g., abovce items (i) to (iv)) must be registered with the court having jurisdiction over the hapja johap.
c) The managing partner has a fiduciary duty to the other partners to manage and represent the partnership with care and loyalty. However, the managing partner may not sell, assign or transfer of her interest in the partnership to a third party without the unanimous consent from all partners.
d) Unless otherwise permitted in the partnership agreement, a limited partner must refrain from managing or representing the partnership and making capital contributions in the form of credit or labor services. A limited partner is largely a passive investor with a right to review the management of the partnership and its financial matters. A limited partner may sell, assign or transfer her interest in the partnership to a third party in accordance with the limited partnership agreement. Further, the outgoing partner’s right and obligations in the partnership will bind the incoming partner.
e) Tax issues for a hapja johap are not settled underthe current tax law; however, many believe double taxation should not arise as a hapja johapis legally treated as an association and, thus, should allow pass-through tax treatment
YUHAN CHAEKIM HOESA  Yuhan chaekim hoesa is viewed to be similar to a limited liability company in the United States or akin to a godo kaisha in Japan. This entity was intended to provide flexibility in the composition of the organization and recovery of investments while providing limited liability protection against creditors of the company up to their invested amounts. Summarized below are the main characteristics of a yuhan chaekim hoesa (“LLC”).
a) The LLC can be established upon a capital investment by one or more persons and registration of its incorporation. Capital contributions can be made in any form, such as cash or other tangible assets except those that are difficult to determine the reasonable market value (e.g., services or credit). In addition, the LLC is allowed to issue corporate bonds, which are not applicable to a yuhan hoesa (limited company).
b) There is no minimum capital requirement to establish an LLC. While a manager is required (may be a person or a legal entity), there is no mandate to have directors or an auditor. The LLC may also change its legal business status to a chusik hoesa (joint stock company) with the unanimous consent of all of the members.
c) A member is allowed to transfer her interests in the LLC to a third party with the consent of other members or if permitted in the LLC’s Articles of Association. Unless otherwise stated in the Articles of Association, a member may obtain a refund of her investment in the LLC by exiting at the end of the LLC’s fiscal year after the member has given at least six (6) months’ prior notice to the LLC. Thus, if the company’s fiscal year is the calendar year, the member must submit notice to the company by June and leave by December. However, if the amount refunded to the exiting member exceeds the capital surplus of the LLC, the LLC must provide notice to its creditors informing them that objections may be submitted to the member’s exit and must also provide the objecting creditors adequate security if there is a possibility that the refund may damage such creditor.
d) Tax issues pertaining to a yuhan chaekim hoesa have not been determined yet; however, many believe the LLC will be treated similarly to a chusik hoesa (corporation), including double tax.

 

To conclude, Hapja johap and yuhan chaekim hoesa offer additional options for investors to conduct their business in Korea as they provide flexibility in corporate organization and operation while limiting liability to the investors’ capital contribution. While chusik hoesa (corporation) and yuhan hoesa (limited company) will likely remain the popular choice for larger companies, a hapja johap and yuhan chaekim hoesa will likely appeal to small-sized companies or investors with limited objectives. The utilization of the new company vehicles, however, will depend much on their tax treatment.

For further information, we strongly suggest you contact Kent Wong at Apex Law LLC.

Korean Commercial Code Adds New Business Options for Investors