Legal Q&A

A dispute has arisen with an overseas business partner. Under private international law, can I file a lawsuit in a Korean court?

Our company recently had a dispute with an overseas business partner over the price of goods and the termination of a contract. The counterpart company has its headquarters abroad, but I understand that it also conducts business activities in Korea. The counterpart insists on litigating in its own country's court, but from our perspective, we wish to proceed with litigation domestically. In this case, I would like to know whether we can file suit in a Korean court and how international jurisdiction is determined under private international law.

Customs attorney, how should I apply for an advance ruling on customs valuation?

Customs attorney, our company imports parts from overseas, and because of the transaction structure and the cost burden, the calculation of the dutiable value is not clear, so we need to confirm it before filing the customs declaration. In particular, because the supplier is a related party, I would like to know what documents we should prepare when applying for an advance ruling.

I want to protect my company's brand overseas as well. Would I need legal advice?

Our company holds a brand for which trademark registration has already been completed in Korea. As we recently plan to enter overseas markets, we want to protect that brand abroad as well, and I would like to know specifically what methods are available when filing a trademark application overseas, or whether an international application system can be used. I would also like to know the reasons for obtaining legal advice when proceeding with an overseas trademark application and the role it plays.

We import goods from an overseas related party; what materials must we keep under the Customs Act?

Our company has an overseas headquarters, so we regularly import raw materials and finished products from the headquarters and overseas related parties. Recently, I have become curious about what additional materials we should keep in preparation for a customs tax assessment review or a customs investigation. I would like to know whether there are documents required in connection with related-party transactions beyond a simple import contract, and also whether there are any disadvantages under the Customs Act if we do not properly keep or fail to submit the materials.

I am trying to export goods overseas. Is a certificate of origin absolutely necessary?

I am currently manufacturing products domestically and preparing to export them to an overseas buyer. The buyer is requesting a certificate of origin in order to receive the application of FTA tariff rates, but I am not quite sure what certification of origin exactly means. In addition, I have heard that there is not just one kind of certificate of origin but several types, so I am also confused about which certification of origin I should prepare in my case. I would like to know the exact procedure for obtaining one.

I received a notice of a customs investigation; is it possible to expand the scope of the investigation or to conduct a duplicate customs investigation?

I received a notice of a customs investigation from the customs office. I am worried about whether, during the customs investigation, the customs office can arbitrarily broaden the scope of the investigation or conduct another customs investigation on a matter already investigated. I am also curious about how a postponement of the investigation schedule or the notification of results is carried out.

Are imported goods for the purpose of gene research also eligible for customs duty reduction or exemption under the Customs Act?

I am curious whether, where a research institution or school brings in experimental equipment or research supplies from abroad for gene research and development, they can be recognized as goods for academic and scientific and technological research under the Customs Act and receive a customs duty reduction or exemption.

How do I respond to a trade dispute?

A trade dispute suddenly arose in the course of a transaction with an overseas buyer. Over the delivery terms and quality standards in the contract, the counterparty is asserting a breach of contract and refusing to pay, and with respect to some of the volume, they are raising the possibility of anti-dumping and rules-of-origin violations and pressuring us by saying that problems could arise at the local customs clearance stage. In a trade dispute like this, I would like to know in what order a company should respond, and what kind of legal response strategy should be established when a contract dispute, customs clearance problems, and tariff and trade regulation issues are all intertwined at once. I would also like to know whether there are matters that must be checked before proceeding to litigation or arbitration.

I am preparing to establish a U.S. branch; what legal aspects should I be careful about?

I run a cosmetics company in Korea, and I am planning to establish a U.S. branch soon. Since it is my first time setting up a corporation overseas, I am worried about whether unexpected problems may arise in connection with local laws and regulations. I would like to seek advice on which legal risks I should pay particular attention to in the process of establishing a U.S. branch.