International Finance in Korea

A practical guide for foreigners about the Korean financial system and the Korean law on international finance. The author, former General Counsel of Asian Development Bank and now serving as senior advisor for Kim & Chang, has extensive experience in international finance and legal writing. The book is written in a concise and informative manner concentrating on matters of particular interest to foreigners. The first chapter reviews the Korean legal system and the Korean governmental structures. The second and third chapters examine relevant provisions in the Civil Code and the Commercial Code of Korea, the two primary basic laws on civil and commercial matters. The fourth chapter discusses the Korean financial system and elaborates on the business scopes and functions of different financial institutions in Korea and their inter-relationships. The fifth chapter addresses major international finance-related transactions in relation to Korean law including participation, financial derivatives transactions, infrastructure financing, aircraft financing, foreign investment, disclosure of securities ownership, public offering of securities, tender offer, securities lending, marketing and sale of foreign securities to Korean residents, prohibited securities trading activities, bills of exchange and promissory notes. The remaining chapters discuss other subject matters of relevance to international finance such as foreign exchange regulations, insolvency proceedings, enforcement of rights, conflict of laws, taxation, and legal opinions. The foreign exchange regulations of Korea affect all cross-border transactions and, therefore, must be dealt with adequately in any transactions between foreign parties and Korean parties. Insolvency laws have become increasingly important for the sufficient protection of credit-providing institutions. The chapters on enforcement of rights and conflict of laws are concerned with legal remedies available to foreign parties for defaults of Korean counterparties. The taxation chapter provides information about the Korean tax laws applicable to international finance-related transactions. The final chapter on legal opinions discusses essential points to look after in obtaining legal opinions from Korea on finance-related transactions. A detailed index by subject matter has been included at the end of the book. The book, thus, aims to provide the answers to all questions frequently encountered by foreigners regarding the Korean law on international finance. The book should be of interest to not only those engaged in finance-related businesses involving Korea but also lawyers assisting these businessmen and academics in the field of international finance or comparative law.