Posts Tagged ‘Korean culture expert witness’

International Law Firms Plan South Korea Launch

Sunday, March 27th, 2011
International Law Firms Plan South Korea Launch

By Don Southerton, KoreaLegal.org

A few weeks ago a lawyer from a top Washington, DC law firm contacted me about the KORUS FTA and the opening of Korea to global legal firms.  I  feel many international law firms are looking at the Korean market.  It will be smart for them to get lots of local support, and more important develop a sound strategy for market entry. I can help.

Here as recent PR announcing law firm Clifford Chance’s plans of entering the Korean market.

Clifford Chance (CC) looks set to become the first leading City firm to open an office in South Korea, with the firm planning to launch after the country’s legal market is opened up to foreign law firms this summer.

The firm is one of a number of the UK top 10 looking at the region in the wake of a free trade agreement (FTA) between Europe and South Korea that was approved by the European Parliament last month (17 February).

The long-awaited agreement, initially signed at the EU-South Korea summit in Brussels in October last year, sets out a timescale for foreign law firms to open in the market, with international firms to be able to open representative offices from July, once the agreement is ratified.

CC confirmed that it is planning to open in the country, Asia’s fourth-largest economy, once the market is liberalised, with other firms including DLA Piper and Allen & Overy (A&O) in earlier stages of evaluating the market.

CC Asia head Peter Charlton (pictured) said: “We have ambitious plans for growth in Asia and Korea is an important part of that strategy. We welcome the recent legal liberalisation and are working towards having a suitable presence in the country at the first available opportunity.”

Under the terms of the FTA and legislation set out by the South Korean Government, liberalisation is set to happen over three stages.

From July, EU-based law firms will be able to open representative offices in South Korea to advise on non-Korean law. By July 2013 firms will have the right to enter into co-operative agreements with Korean firms and advise on legal issues involving a mixture of domestic and foreign law. By July 2016, EU firms will be able to invest in local firms and hire Korean lawyers.

A&O Asia managing partner Thomas Brown said: “Korea is a very important market in Asia and we are looking at it very seriously, but we haven’t made a decision either way as yet.

“We already have a very healthy South Korea practice and any presence on the ground would help us build on what we already do – especially as we won’t be able to practise local law. So our focus would remain on the international law elements of deals involving South Korea.”

Other firms exploring the market include DLA Piper, where Asia managing director Alastair Da Costa said: “We are very interested in the market, having a thriving Korea practice with lawyers in Tokyo, Hong Kong, London and the US. Korea fits as a geography with our strategic framework and we are keen to explore what we can do to strengthen our position in that market.”

Firms ruling out entering the market in the near-term include Ashurst, Eversheds, Linklaters and Freshfields Bruckhaus Deringer.

Freshfields Asia managing partner Robert Ashworth said: “There are increasing signs of cross-border activity and a renewed confidence of Korean corporates to pursue overseas projects work and acquisitions. The long-awaited liberalisation of the legal market will facilitate this process and I would not be surprised to see law firms from the EU taking advantage of the FTA to open offices. We are continuing to develop our successful offshore Korean practice but I do not anticipate our having a formal presence in Korea in the near term.”

The US signed an FTA with South Korea in June 2007 that so far has yet to be ratified by either government, with several US firms looking at the region in anticipation of the FTA’s ratification.

Source: LINK

International Law Firms Plan South Korea Launch

KORUS FTA Update

Saturday, January 22nd, 2011
KORUS FTA Update

By Don Southerton, Editor KoreaLegal.org

Following the latest news on KORUS FTA, it looks like treaty might be presented to the U.S. Senate by July 2011.

That said, what specifcally still needs to occur?…

The President may form and negotiate a treaty, but the treaty must be advised and consented to by a 2/3 vote in the Senate. Only after the Senate approves the treaty can the President ratify it.

KORUS FTA Update

U.S. Eyes Korea Trade Deal Approval by July–Kirk

WASHINGTON, Jan 13 – President Barack Obama’s administration hopes to win congressional approval of a free trade agreement with South Korea before July, U.S. Trade Representative Ron Kirk said on Thursday.

“Everything we’re doing in terms of finalizing the text with Korea, working with committees is with that July 1 goal in mind,” Kirk said during a discussion on the pact hosted by Third Way, a Washington-based policy group.

The July 1 date is key because that’s when a rival trade agreement between South Korea and the European Union takes force, Kirk told the group.

The administration also supports approval of two other free trade agreements with Colombia and Panama, but it would “be a huge mistake to try to force all of the trade agreements into one lump vote with Korea,” Kirk said.

Each agreement has its own challenges and should be considered separately, he said.

Kirk indicated Obama would talk about his plans for the three trade agreements in his annual State of the Union speech on January 25.

South Korean Ambassador Han Duk-soo urged the administration to send the deal to Congress “as soon as possible” so U.S. farmers and businesses will not be put at a competitive disadvantage when the EU pact took force.

The pact with South Korea is the biggest of three trade agreements negotiated by the administration of former President George W. Bush but which have stalled in Congress because of strong opposition from Democrats.

Late last year, the Obama administration renegotiated the auto provisions of the agreement to win the support of the United Auto Workers labor union and Ford Motor Co <F.N>, which previously had opposed the pact.

Those changes mean winning approval of the pact will no longer be as “horribly difficult” as it once was, but it will still face stiff opposition in Congress, Kirk said.

“We believe we can get it done,” Kirk said.

Republicans want votes this year on all three pending agreements, but many Democrats are still resisting action on the pact with Colombia because of concern about a history of anti-union violence in that country.

That has clouded prospects for the Panama agreement, since it is considered unlikely Obama would submit that agreement to Congress without also sending the Colombian pact.

The U.S. International Trade Commission estimated in 2007 that the Korean agreement would boost U.S. exports by about $10 billion to $11 billion annually, while increasing imports from that country by about $6.5 billion to $7.0 billion.

A wide swath of U.S. farm, manufacturing and service industry groups support the agreement. But the AFL-CIO, the country’s main labor organization, remains opposed to it.

Both Han and Kirk touted the economic benefits of the pact, which they said would support jobs in both countries.

The United States will gain more in the short-term from market-opening commitments since it already has lower tariffs than South Korea, Han said.

But Seoul sees the pact as key to its long-term prosperity because it locks the country into a comprehensive package of economic reforms, Han said.

Approval would also send the region an important geopolitical signal that the United States intends to remain engaged, Ha

KORUS FTA Update

New Korean Lawyers Seek Employment in Tough Market

Saturday, January 15th, 2011
New Korean Lawyers Seek Employment in Tough Market

By Don Southerton, Korea Legal.org Editor

Seems like Korea shares a trend that we’ve seen in the U.S., an over-supply of new lawyers. On another level, across Korea recent college graduates also have high unemployment rates, too.

Half of New Lawyers Still Out of Work

Lawy has always been regarded as one of the most prestigious occupations in Korea but the legal market has already turned into a red ocean and nearly half of new attorneys remain unemployed.

Of the 970 people who completed a two-year mandatory training program Wednesday at the Judicial Research and Training Institute after passing the bar exam, 343 have yet to be employed, with 189 to join the military to serve out their conscription.

The portion of the graduates with no job takes up 44.1 percent, a sharp increase from 36 percent in 2008.

The majority of the jobless would prefer governmental positions: 124 opted for the prosecution while 82 are judge hopefuls.

Of those hired, 150 headed to large law firms, with 29 starting their career as juniors for independent solicitors, 30 working for public corporations and 18 at private companies. Twenty-six opened private practices of their own.

New Korean Lawyers Seek Employment in Tough Market
New legal professionals attend a graduation ceremony at the Judicial Research and Training Institute in Ilsan, Gyeonggi Province, Wednesday. (Park Hae-mook/Korea Herald)


“I haven’t received offers from at firms I wanted,” said a 29-year-old lawyer-trainee who asked to be identified only by his family name, Seo. He decided to join the military to stall for time. “I know several others who haven’t been confirmed with employment yet and they are quite anxious, too.”

Industry insiders say the worldwide financial downturn drove more aspiring lawyers to vie for public positions guaranteeing job stability. Also, the economic hardship made many law firms stingy in hiring junior lawyers, they said.

“Conventionally, most graduates were recruited no later than June. But last year, the unemployment issue lingered till September. This year, it may take longer than that,” a spokesman for the training center was quoted as saying by the Yonhap news agency. “Next year, things will be much more complicated because law school graduates will be joining the market, fueling the competition,” he added.

However, some predict that more job will open in the meantime to “bulk up” brains for competing against foreign firms once the legal services market opens due to recently agreed-upon free trade agreements.

“Once the market opens and foreign firms, including aggressive American firms rush in, the only way to survive from the extreme competition is to size up and professionalize in specific areas,” the Donga Ilbo newspaper quoted an insider of Kim & Chang, the nation’s largest firm, as saying.

“The training center is also focusing on teaching rather novel and practical fields such as international trade law or American and U.K. laws. We hope it would broaden the trainees’ choices,” Lee Jeong-min, professor at the center, told the Chosun Ilbo.

New Korean Lawyers Seek Employment in Tough Market

Korean Lawsuit Over Murder of Queen Min

Sunday, July 25th, 2010
Korean Lawsuit Over Murder of Queen Min

This article caught my attention.  I wear many hats–consultant, author, coach, expert witness, strategist– but at the core I’m a cultural historian focused on Korea.  This new lawsuit centers on the death of Empress Myeongseong, also known as Queen Min. As Korea was beginning to open to the West, she was brutally murdered by a group of Japanese assassins on Oct. 8, 1895. (More details here).

(AP) — SEOUL, July 16 (Kyodo)-A South Korean civic group said Friday it plans to file a lawsuit against the Japanese government over the 1895 murder of Queen Min, the wife of the King Gojong of the Joseon Dynasty (1392-1910), by Japanese assassins, according to Yonhap News Agency.

At a protest rally in front of the Japanese Embassy, the group issued a statement saying it will demand, through the lawsuit, that the Japanese government reveal the truth about the murder case, and the Japanese emperor make an apology.

“Japan has not made an official apology or repented on the barbarian act of murdering Empress Myeongseong, which happened 115 years ago,” according to the statement from the group of South Korean victims from the Pacific war.

“Japan has not made an official apology or repentance 100 years after it obliterated the Korean people for 35 years through the 1910 Korea-Japan Annexation Treaty,” the statement said.

The lawsuit will be filed if the Japanese government does not accept their demands that the Japanese government issue a special statement on Aug. 15, offering the emperor’s apology and mentioning whether it will release related documents on the murder case.

A group of people to handle the lawsuit will leave for Japan on Aug. 5 and hold rallies to demand the Japanese government accept their demands.

Academics in South Korea and abroad have raised the possibility that the murder of the Korean empress could be a state crime on grounds Japanese diplomats played a major role in the case, Yonhap said.


Korean Lawsuit Over Murder of Queen Min

New Korean Lawyers Victims of Economy

Friday, January 15th, 2010
New Korean Lawyers Victims of Economy

By Don Southerton, Korea Legal Editor

This surprised me, but on second thought it reflects the economy. Korea corporations over the past decade have greatly expanded their legal departments, but with the recession major Korean firms see  R&D, Sales, and Marketing as driving growth–other department like Legal and General Affairs faring poorly.

Korea Times notes:

45% of Trainee Lawyers Unemployed
Nearly five out of 10 new lawyers remain unemployed, the Judicial Research and Training Institute (JRTI) said Wednesday, proving that Korea’s legal service market is indeed frozen.

Being awarded a lawyer’s license in Korea was once believed to be a surefire way to be rich and ascend societal ranks, but the belief has been shattered in recent years by the saturated domestic legal services market.

A total of 978 trainees will graduate from the institute late this month, it said, and 44.4 percent of them, or 351, have not been hired by any company here. The other 627 trainees are set to become judges, or prosecutors or lawyers belonging to law firms or companies, it said.

The ratio is higher than the two previous years of 44.1 percent in 2008 and 35.9 percent in 2007, according to the state organization that provides training for the bar exam.

“Major law firms here have significantly cut their recruiting volume this year amid the gloomy outlook,” a JRTI spokesman said. “Previously, most of those who left the institute unemployed earned a full-time job at a law firm or a private or public company within six months of graduation. Unfortunately, it’s unlikely this year.”

A senior judge expected that those ranked below the top 400 in scores would find it hard to secure a high-paying job.

New Korean Lawyers Victims of Economy

Korea Legal 2010

Saturday, January 9th, 2010
Korea Legal 2010

By Don Southerton, Korea Legal Editor

It’s a new year. In 2010, we’ll be asking top experts to contibute to this Blog. Look for timely posting on a number of Korea-related legal and business issues.

I’ve also renamed the site to reflect it’s evolving scope.

Interested in contributing?

Please contact me at dsoutherton@bridgingculture.com

Korea Legal 2010

Korea’s Learning Culture: The Quest for Advanced Academic Degrees

Wednesday, August 26th, 2009
Koreas Learning Culture: The Quest for Advanced Academic Degrees

By Don Southerton, Korea Expert Witness Editor and Chief Blogger

After a month hiatus, Korea Expert Witness is back. Our first posting is in regard to education–and the desire for advanced degrees. On a side note, it’s always amazing how many Koreans are studying. It’s a culture obsessed with learning and self-improvement.

This Korea Times article shares some great insights into the quest for advanced degrees.

Jang Min-tae’s master’s degree in management stood out in his office up until a few years ago. But not anymore, as an influx of new colleagues with all kinds of higher degrees from overseas, start to steal his spotlight.

Feeling stripped of his competitive edge, the 35-year-old, who works for a foreign industrial company, is now considering new options to regain his advantage.

“On the surface level, my company does not discriminate against workers based on their education level,” said Jang, “but without a doubt, a higher and better degree opens up more doors within the organization.”

Although he has no plans to pursue another degree, the junior-level professional is looking into earning certifications related to his career.

“I can’t just stay at a standstill,” said Jang, who regrets today’s cutthroat competition that pushes him and others to keep going nonstop.

The same kind of pressure is what pushed another junior-level professional, Cho Jung-eun, to quit her job recently to enroll in a Master’s Degree of Business Administration (MBA) program in the United States.

She admits that she isn’t clear about her post-MBA plans, but decided to take an expensive leap because “everyone seems to be doing so.”

“Getting a master’s degree is no longer an option,” said the 31-year-old, who considers going to graduate school just as mainstream as going to college.

And Cho isn’t completely wrong, as more and more working men and women are siding with the emerging notion that a higher degree is a necessity.

A survey conducted by the online recruitment site Job Korea showed Wednesday that two out of three professionals are currently unsatisfied with their education level.

It asked 1,557 salaried workers whether they were happy with their degree. Sixty-seven percent said they weren’t content, while 33 percent said they were.

The No. 1 reason people were dissatisfied was because they found it difficult to make a career change without a higher degree. Others said a lack of professional knowledge in their field and disadvantage in promotion was the most convincing factor to study more.

More than half of the respondents said they are considering going to school again, indicating that the current trend for higher education is encouraging more people to leave work.

Hiring experts said those contemplating pursuing further studies should take action as early as possible.

“A growing number of companies are putting aside openings specifically for master’s and doctoral graduates,” said Ki Eun-joo, a headhunter who mainly recruits for medium-sized firms.

She said that graduate schools are no longer for overachievers, adding that professionals should plan ahead to remain competitive in the long run.

Koreas Learning Culture: The Quest for Advanced Academic Degrees

New BCW Korean Coaching and Training Options Control Costs

Sunday, July 26th, 2009
New BCW Korean Coaching and Training Options Control Costs

New BCW Korean Coaching and Training Options Control CostsGood News. Rising travel cost and demanding work schedules no longer need limit your team from better understanding Korean global business, workplace norms, practices and expectations.

Bridging Culture Worldwide virtual training (VT) has been offered for over three years. We have now expanded this service. The system gives BCW the ability to offer Web and phone based cross-cultural training and coaching across you and your organization.

There are a number of VT options. Since needs vary, we would be happy to discuss which will work best for you and your organization.

I look forward your thoughts and suggestions. I am sure you and the team will be pleased with the BCW training and coaching programs.

Call +1-310-866-3777
or contact us at Dsoutherton@bridgingculture.com

New BCW Korean Coaching and Training Options Control Costs

Welcome

Sunday, January 11th, 2009
Welcome
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Don Southerton, Editor and Chief Blogger

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This resource shares recent developments in U.S.-Korean legal and business affairs, as well as topics such as family court, litigation, labor, and intellectual property issues.

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Working with our team of experts and contributors is Bridging Culture Worldwide (BCW) CEO and President Don Southerton. Look for posting by top legal experts on Korea and international law related to Korean business.

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