Posts Tagged ‘Southerton Korea legal expert’

Korea Facing: Knock on the Door 100 Times

Tuesday, October 30th, 2012
Korea Facing: Knock on the Door 100 Times

By Don Southerton, KoreaLegal.org

Over the years, I’ve shared much on business norms and expectations with Korean, American, and global teams and management. I, too, have learned much in exchange. In fact, I’ve been fortunate to have a number of senior Korean leadership share their opinions and thoughts.

Last year I was asked by a Korea client to find out if a successful and high profile American brand was interested in the Korean market. If so, the Korean firm would like to be considered as a potential partner. After talking to the American brand’s founder and CEO, he politely shared that their plans were to focus on the US market. Any Asia expansion would not be for at least 2-3 years.

Several month’s later while they were visiting the US, I hosted the Korean client’s Chairman and his wife at a VVIP lunch meeting. Over the meal, the Chairman’s wife quizzed me on my progress with the American brand. I explained that the US brand’s founder and CEO was polite, but they were not currently looking at Asia and Korea.

Pausing a moment, the Chairman’s wife expressed that their Group was still very interested in the brand for Korea. She then hoped I’d keep trying and not take “no” for an answer; adding firmly that sometimes we need to “Knock on the door a hundred times!”

I came away with 2 insights worthy of sharing…

1. My Korean client’s success was evidently rooted in their perseverance and not taking “no” for an answer. A trait I find in many of the top Korean Groups.

2. That the company’s success was also due to the Chairman’s wife–a strong and influential woman who has gained my respect and esteem.

Take away

When challenged with an issue, situation, or problem…we need to “Knock on the door a hundred times.”

BTW… I hope all is well. Let me know if you have any pressing questions or issues. I’d be happy to share my thoughts and perspective.

Korea Facing: Knock on the Door 100 Times

Samsung Clash with Apple Seen as Destiny

Friday, September 2nd, 2011
Samsung Clash with Apple Seen as Destiny

By Don Southerton, KoreaLegal.org Editor

This fascinating article showed up in Korea Times.  It provides some additional dimensions to the Samsung–Apple relationship– and how Samsung sees the clash as part of its Destiny.


BERLIN – Samsung Electronics is in a transition game with Apple and regards the ongoing patent disputes with Apple as “destiny’’ before the next progress in corporate growth.

Samsung, South Korea-based tech giant, is aiming to become the world’s top-tier software firm by the end of 2013, at the earliest and its chief executive said it will heavily boost its spending on software.

“Samsung regards court battles with Apple as destiny. We are clashing with Apple in certain areas. Current situations will make us stronger,’’ said the company CEO Choi Gee-sung in a dinner meeting with Korean reporters, Friday.

“There had been heavy doubts about Samsung whether we can pass over Sony of Japan and even Nokia. But the results are telling everything,’’ said the top company executive.

Such remarks are very rare considering Samsung’s long tight-lipped policies about its key clients. Apple is Samsung’s biggest overseas client, followed by Hewlett-Packard (HP) and Sony.

Choi came to Berlin to participate in the IFA technology fair. 

The most critical 19 litigation cases between Samsung and Apple will get rolling in U.S. district courts in California.

Preliminary rulings there could affect Samsung’s ability to sell products in the United States _ Samsung’s biggest market.

Another senior Samsung executive, who participated in the meeting, simply ruled out the possibility that Samsung will come to a licensing deal with Apple, dismissing earlier predictions that the two companies will ultimately enter a comprehensive licensing deal.

“Samsung has no reason to send a `goodwill gesture’ to Apple first and therefore it is highly unlikely that Samsung will come to a licensing deal with Apple,’’ said Hong Chang-wan, the head of the company’s home appliances division.

Samsung apparently has no interests about the acquisition of HP’s webOS patent portfolios as it won’t follow any “cyclical fashion trend’’ just to respond to market changes.

“One thing clear is that Samsung will never buy HP’s webOS patent portfolios and I think that’s not important. We have over 20,000 software experts and Samsung prepares beyond normal imaginations. We are open to strike small M&A deals, though,’’ said the chief executive.

Samsung in recent weeks has taken pains to show that it understands the need to focus more on software to increase its margins.

Samsung’s public relations office leaked word that Chairman Lee Kun-hee told top executives last month, “We must pay attention to the fact that power is moving away from hardware companies such as Samsung to software companies.’’

And the chief executive Choi said, it will invest heavily to follow up with the trend, though the chief executive declined to elaborate further.

“Samsung is not an unorganized firm. In long-term evolution (LTE) service, which regarded as the next-generation telecom tech, Samsung will become the leader just within the next few years,’’ Choi told reporters.

Bullish sales target

Samsung plans to reap $150 billion in total revenue by the end of this year and the CEO Choi said the tech giant will continue a “double-digit growth pattern, annually.’’

Also, the South Korean firm is aiming to create $70 billion in total revenues only in Europe by the end of 2015 as it is more than positive for further external growths in Europe.

“Before coming to Berlin for the IFA exhibition, I visited Copenhagen of Denmark and Zurich in Switzerland, where we’ve been struggling. But even these markets, calls are high for Samsung’s premium-branded products,’’ Choi said.

“By the end of next year, the number of top-ranking items will be increased to 12 and we are aiming to get $23.7 billion in sales just from finished-goods business,’’ according to Choi.

Additionally, its home appliances chief Hong said Samsung is considering the possibility to build a new home appliances product line in Brazil and added Samsung will be safe in any litigation troubles with the market leader Electrolux of Sweden and Whirlpool of the United States.

Meanwhile, Samsung also plans to become the world’s third-biggest notebook manufacturer by the end of 2015.

“We are internally targeting to sell 40 million notebooks by 2015 and Samsung is also eyeing for printer sector dominated by Japanese companies,’’ said Nam Seoung-woo, who handles Samsung’s printer and notebook business.

Samsung Clash with Apple Seen as Destiny

International Bar Association Looks to Korea

Saturday, March 5th, 2011
International Bar Association Looks to Korea

By Don Southerton, Korealegal.org

Korea is quite an open market for many business sectors. Some of this naturally unfolded as the nation globalized. Some is the result of  the IMF Crisis restructuring of the late 1990s and early 2000s. Some service sectors like legal remained a restricted and protected market–closed to international law firms. With pending FTA that will change. This Legal Week.com article heralds Korea’s changing legal landscape.

The International Bar Association (IBA) has announced the launch of an office in South Korea, marking the organisation’s first base in Asia.

The IBA will move into temporary accommodation in Seoul this autumn while new offices are built, with an expected completion date of December 2012.

The organsiation has two other international bases in Sao Paulo and Dubai, with an administrative office in the UK and specialist centres in the Netherlands and South Africa.

The announcement comes after the European Union formalised a free trade agreement with South Korea in February. The agreement, which will come into effect in July, gives European law firms the right to establish branch offices in the country.

IBA executive director Dr Mark Ellis said that the opening up of South Korea’s legal market to European law firms was a major incentive. “For the country to liberalise its legal market and to welcome the IBA’s new office are very good signs of how South Korea views itself internationally. It wants to compete and it isn’t afraid of competition,” he said.

“This office will establish the IBA’s presence more fully in the region, which means we will be able to focus more on regional issues and interact better with our members there – far more than you can from our administrative office in London. We can now rightfully claim that the sun never sets on the IBA.”

South Korean Bar Association president Peter Pyungwoo Kim commented: “We see the IBA’s decision to locate its Asian office in Seoul as a significant recognition of the important place of South Korea in the rapidly growing economy of East Asia. Coming at the time of the opening up of our legal market, we welcome it as a further real opportunity to strengthen international ties and understanding.”

Source: Legal Week.com

International Bar Association Looks to Korea

Korea Legal.org 2011 Trends and Expectations—An Executive-level Commentary

Monday, January 3rd, 2011
Korea Legal.org 2011 Trends and Expectations—An Executive level Commentary

By Don Southerton, Editor Korea Legal.org

Annually in an executive-level commentary, I share thoughts for the upcoming year. Looking back at 2010, North Korean saber rattling took on new meaning with several overt military confrontations against South Korea. Meanwhile, South Korea’s economy saw little sign of a double dip recession, which had worried some experts going into 2010, instead we saw continued growth in Korea’s global brands. This was further strengthened by the G-20 Summit that showcased, among others, Korean technology leaders Samsung, Hyundai-Kia Motors, and LG.

Related to U.S. and South Korea relations and following an amended agreement for the Korea-U.S. Free Trade Agreement, we should soon see the treaty ratified by Congress. Advocates see the FTA boosting annual commerce between the two nations into the billions of Dollars.

Looking forward to 2011, North Korea will continue to be a concern. Issues include the Kim regime’s succession plans, threats of more border clashes, and an unchecked nuclear arms program. Hoping to address these concerns, we’ll see strong outside diplomatic and political pressure for renewed 6 Way Talks, and to quell future border confrontations. I’ll continue to monitor and share news as it unfolds. Even in a worst-case scenario, Korean global business and local economy would bounce back and move forward, especially since much manufacturing is now done overseas.

Next, building on the momentum of the past 2 years, expect Korea’s export-driven firms to push their organizations to carve out even greater market shares. Look for bold announcements and sales targets such as #1 in global sales or production vs. the older “Top 10” or “Top 5” quest. In this effort, expect top Korean firms to expand their organization through M&A. For some, this breaks from a tradition of building and growing from within vs. acquisitions.

Additionally, as I noted last year, expect more foreign firms to aggressively target South Korea as a top emerging market. In other words, with Korea performing well many global firms and brands once focused on North American or European business partnerships will now seek out Korean opportunities. This will unfold with global businesses looking to launch new product lines (and brands) in Korea, as well as leading international firms offering their services to Korea’s top companies.

For foreign businesses entering the Korean market or partnering 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.

Finally, expect further growth in Green technology (wind power, solar, and eCars) and government-led initiatives like “Work Smart.” With regard to Green, most of Korea’s major Groups have boldly entered the renewable and sustainable market and plan to expand sales globally. This includes state of the art manufacturing facilities for wind turbines, solar cells, next generation batteries, and electric power trains.

In the shift to these new technologies, forward-thinking firms are moving towards a creativity-centered organizational and workplace culture. On one level, “Work smart” was introduced in Korea to address the quality of life issues raised by its traditional long working hours. According to a Samsung Economic Research Institute report, “Work smart” will spread in 2011, and has a goal to increase productivity and creativity. Work smart includes not only eliminating unnecessary busy work, but grants autonomy in choosing working hours and gives teams the “work from home” option.

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, cyber-communication, and a 24-hour workday add to this complexity. Bridging Culture Worldwide is dedicated to providing much needed research, analysis, and critical thinking to provide you with answers and insights 24-7-365.

Korea Legal.org 2011 Trends and Expectations—An Executive level Commentary

Book Review–Korea Business Law: The Legal Landscape and Beyond

Friday, February 12th, 2010
Book Review  Korea Business Law: The Legal Landscape and Beyond

By Don Southerton, Korea Legal.org Editor

A Korean lawyer acquaintance mentioned he was reading this book. It prompted me to investigate. Seems like a book worth reading if you are involved in Korea business and legal issues.
Here’s a link for a preview. Click Here.

Korean Business Law: The Legal Landscape and Beyond
Jasper Kim; Carolina Academic Press; 358 pp., $40

This book written by Jasper Kim, a professor of Ewha Graduate School of International Studies is the first of its kind in English that explains Korean business laws for business leaders, bankers, students and academics as well as lawyers.

The book consists of 18 chapters, each written by experts in their fields ― law firm partners, scholars and members of the judiciary ― to essentially help globalize Korea’s legal commercial infrastructure. Each chapter is based on the relevant experts’ empirical background that provide essential information on business law through the author’s thoughtful insights.

Targeting a diverse global audience both inside and outside Korea, the book presents clear and concise explanations of what the law means relating to South Korea’s often complex and changing business environment.

Major issues include corporations, mergers and acquisitions, securities offerings, the Korean judicial system, intellectual property rights, project financing, private equity funds, competition law, broadcasting/telecommunications, renewable energy law, corporate governance, legal risk management, labor law, real estate, trade law and torts.

-Chung Ah-young,  Korea Times

Book Review  Korea Business Law: The Legal Landscape and Beyond

Korea, Gender, and Changing Society

Tuesday, January 26th, 2010
Korea, Gender, and Changing Society

There has been quite a transformation in Korean gender related issues. Once a male dominated society, women fared poorly. For example, in family court, custody was granted to the father, especially in the case of sons. (The law was changed  and men no longer have automatic custody).

One sign of obvious change is more women in the Korea workplace. They add much and are excellent team members. Much has changed over the past few years. Still, from my perspective this Korea Times article overstates at least with regard to the major business groups the role of women. Since the major Groups are hierarchical with seniority based promotions, it will take more time for women to be in key positions within the major companies.

Korea Times notes:

The remnants of patriarchy are fast disappearing as women assume increasingly bigger roles, the phenomenon that some experts dub as the advent of a neo-matriarchal society. Examples of the strengthening of female power are everywhere including national exams, economic activities and political participation although in some areas males still remain dominant.

Historically, males have ruled in the national exams to become high-ranking officials, diplomats, prosecutors or judges in Korea due in no small part to masculine-oriented Confucianism. But things have been changing rapidly. Among the three most popular exams, successful female applicants account for about a half of the total in the administrative, diplomatic and law tests.

The female proportion is also rising in conservative financial businesses where there are no female CEOs at major banks, insurance companies, asset management firms, futures companies and government agencies. “An increasing number of the highly desirable financial jobs such as ones at the Bank of Korea or the Financial Supervisory Service are being taken by females,” said an official at the central bank. “Currently, the gender disparity is severe at senior levels. As a rising number of females fill junior level vacancies, however, the disparity is likely to weaken in the not-so-distant future. In other words, the voices of women will get louder,” he said.

The demise of patriarchy is felt not merely in the workplace but also at home where housewives make more and more important decisions, according to a survey by Statistics Korea. The state-run agency found early last year that 90.4 percent of housewives take charge of most day-to-day decisions. On topics such as moving house that were conventionally decided by men alone, 85.1 percent of women took part while a mere 14.2 percent of homes were found to stick to the traditional fashion of depending solely on the male.

Robot Business

Businesses are quickly taking note of the paradigm shift from the male-oriented society to the female-centric one. Korean robot makers said one of the biggest trends was the advent of female opportunities. “It is obvious that an increasing number of women will partake in economic activities, while they also give birth to a decreasing number of babies,” said Choi Seong-gu, an economist at the Hyundai Research Institute, who came up with a roadmap for the robotics industry this month. “The industry is ready to embrace this change. For example, the necessity of robots will rise due to the low birthrates, particularly in the household chores sector as women will be busy dealing with social activities in years to come,” he said.

Korea, Gender, and Changing Society

Kodak, Samsung, LG and Patent Infringements

Monday, January 18th, 2010
Kodak, Samsung, LG and Patent Infringements

By Don Southerton, Korea Legal Editor

One common concern with doing global business is trade and patent infringement, which are complex and costly–to both defend and protect. This recent case involving Kodak, Samsung, and LG provides some insights into Korean business. First Kodak is vigilant in protecting its IP. Next, Samsung and LG eventually saw that settling the case was in their best interest and would open doors for cross-licensing technology. That said, LG settled first, while Samsung waited until the U.S International Trade Commission ruled against them.

In comparing Samsung and LG, I see shrewder brinkmanship on the part of Samsung. This is no surprise and points out the need to understand Korean business and their unique corporate cultures. (Samsung, LG, Hyundai-Kia, Lotte, Hyosung, Hanjin, SK, Doosan, etc–all differ).

A Brief Overview
Kodak Takes Action Against Samsung and LG For Patent Infringement
Kodak Asserts that Samsung and LG Camera Phones Infringe its Digital Camera Patents

ROCHESTER, N.Y., Nov. 17 2008 — Eastman Kodak Company (NYSE:EK) announced today that it has filed complaints against Samsung Electronics, LG Electronics and other related entities for infringement of Kodak patents.

The Kodak actions specifically allege that Samsung and LG camera phones infringe Kodak digital camera patents. The patents in question cover technology related to image capture, compression and data storage and a method for previewing motion images.

Kodak filed against Samsung and LG in the United States District Court for the Western District of New York, as well as in the U.S. International Trade Commission. Kodak’s District Court complaints request compensation for damages resulting from the companies’ infringement, and both the District Court and ITC actions seek injunctions prohibiting Samsung and LG from further importation and sale of products cited in the complaints. Kodak did not disclose the amount of damages it is pursuing.

Full Circle
In February 2009 both Samsung and LG flied suits at the U.S. International Trade Commission over some alleged patent infringement by Kodak.


LG Settlement
ROCHESTER, N.Y., Dec. 4, 2009 — Eastman Kodak Company (NYSE: EK) announced today that it has entered into a technology cross-license agreement with LG Electronics, Inc., which will allow each company broad access to the other’s patent portfolio.

ITC Ruling
December 18, 2009 – An administrative law judge at the U.S. International Trade Commission ruled that Samsung has infringed two camera patents developed by Kodak.

Samsung Settlement
ROCHESTER, N.Y, January 11, 2010. —Eastman Kodak Company (NYSE: EK) announced today that it has entered into a technology cross license with Samsung Electronics Co Ltd. that will allow each company access to the other’s patent portfolio.

The license agreement, which provides significant benefits to both companies, is royalty bearing to Kodak. The company received a payment from Samsung in December that has been credited toward its royalty obligation. Additional financial details were not disclosed.

In December, Samsung and Kodak agreed to negotiate a settlement over digital camera patents issues, which could include a cross-licensing deal, Kodak said Wednesday.

The companies also entered into an agreement to file joint requests for the termination of patent infringement proceedings before the U.S. International Trade Commission, and to settle their patent infringement lawsuits against each other, which are pending in U.S. District Court for the Western District of New York and in the German courts. Both the settlement of the litigation and the license agreement become effective upon approval by the International Trade Commission of the joint requests for termination. The ITC is expected to make its determination by the end of January 2010.

Kodak, Samsung, LG and Patent Infringements

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

Legal Implications of Harassment in the Korean Workplace

Friday, April 17th, 2009
Legal Implications of Harassment in the Korean Workplace

By Don Southerton, Korea Expert Witness Editor and Chief Blogger

For firms and individuals doing business in Korea ( or overseas divisions wishing to better understand the Korean-side of operations) it is important to know about the laws that govern sexual harassment in the Korean workplace. Rules and laws vary globally. I follow Korea’s carefully, most often to share with non-Korean management on expectations for their Korean teams in the host country. In some cases, Koreans working overseas feel they can bend the rules while working abroad–rules they would need to follow in Korea.

In Korea, harassment is governed under the Gender Equality Employment Act (GEEA). In terms of what constitutes sexual harassment, GEEA cites:

* Unwelcome sexual advances, including repeated, unwelcome or intimidating social invitations;

* Suggestions that sexual cooperation or the toleration of sexual advances may further a person’s career;

* Unwelcome verbal, non-verbal or physical conduct of a sexual nature including sexually derogatory or stereotyped remarks; sexual propositioning; leering and lewd gestures; touching, grabbing or deliberately brushing up against another person; or persistent questioning about a person’s sex life.

* Conduct of sexual nature that creates a hostile or intimidating work environment; this includes sexual or obscene jokes, or displaying sexist or other sexually offensive pictures, calendars or posters around the workplace.

Alcohol

It’s no surprise that many incidents of sexual harassment take place after work, during employee dinners, or during the late night drinking sessions. Rooted in traditional culture, the goal of such events is to build team spirit and morale, but large amounts of alcohol can lead to sexual harassment

Employers Obligations

Paul Cho of the Korean law firm Kim and Chang points out in his article on sexual harassment ” Unwanted Attention,” GEEA guidelines for employers. They include:

In terms of training, employers shall provide their employees (including temps) with education for preventing sexual harassment in the form of training, morning meetings, conferences, etc., at least once a year with due consideration for the Company’s circumstances.

Violation of this requirement can result in the company being assessed an administrative fine not exceeding three million won ( $3-4000 US). The contents of this education training should include a review of the relevant provisions of the GEEA, corporate guidelines and policies regarding the intolerance of any sexual harassment in the workplace, victim counseling and grievance system and other preventive measures to prohibit sexual harassment.

Another importance of this training is that, once a sexual harassment claim is lodged with the labor authorities, one of the first things they will check is whether the employer has complied with its annual training requirement. If the answer is no, it will not be hard for the labor authorities to conclude that the employer did not take the proper actions required in terms of a sexual harassment claim as it did not even train its employees on how to, for example, prevent sexual harassment.

The GEEA also requires the employer to include disciplinary policies and procedures as to harassers in the employer’s rules and regulations and to impose an appropriate sanction, if any, against the harasser such as a transfer to another department, warning, suspension, unpaid leave, dismissal, etc., taking into account the severity and duration of the misconduct, violation of which can result in the employer being assessed an administrative fine not exceeding five million won. In addition, an employer that commits sexual harassment shall be subject to an administrative fine not exceeding 10 million won ($10-12,000 US) by the labor authorities

It also bears mentioning that, any retaliatory action against a victim of sexual harassment making a claim can result in the employer’s registered representative being subject to imprisonment for not more than three years or a criminal fine not exceeding 20 million wo

Technically speaking, a company with at least 30 employees under ordinary circumstances shall be obligated to establish a grievance council with an equal number of representative members from management and the employees, provided that the employee-side of such council should, to the extent possible, include female employees based on the ratio of female employees in the company. In the alternative (as there is no sanction under the GEEA for failure to set up a grievance council), a company’s Labor Management Council (which is required for companies with at least 30 employees under ordinary circumstances) or the company’s Human Resources Department may fill this role of taking charge of counseling and the handling of grievances. An outside specialist is also allowed to take charge thereof.

Questions? Comment? Please feel free to comment or, contact us at dsoutherton@bridgingculture.com
or call 1-310-866-3777

Legal Implications of Harassment in the Korean Workplace