Legal Q&A

Can a token created without virtual asset advisory later become subject to regulation?

I am trying to operate a project by issuing my own token, and I am uncertain whether I may proceed without separately receiving virtual asset advisory. In particular, I would like to know the actual risks, including what problems may arise when issuance is carried out without legal review.

When issuing token securities through a private placement, is there no problem as long as I receive investment from no more than 49 people?

I am planning to create a small-scale investment product with token securities and to proceed by way of a private placement. I heard that it is fine if I keep the number of investors to 49 or fewer, but I am confused because I was told that, in practice, the count includes even the investment-solicitation stage. I would like to know exactly where the standard lies.

Under the Waste Management Act, what legal liability arises if waste generated at a business is entrusted without authorization or disposed of illegally?

I understand that under the Waste Management Act there is a duty to lawfully dispose of waste generated at a business. However, I am curious whether, where waste is entrusted to an unauthorized company or where illegal dumping or incineration takes place during the disposal process, the business that entrusted the waste also bears liability for a violation of the Waste Management Act, and by what standard that liability is determined.

Greenwashing, what is the standard by which it becomes a problem in corporate promotion?

In the course of responding to ESG, we are carrying out eco-friendly marketing, but I have heard that some of our expressions could be judged to be greenwashing. In particular, I am curious from what level advertising or promotional wording becomes a legal problem, and what the key factors are that are assessed under the Act on Fair Labeling and Advertising.

ESG risk: how should a company manage it?

I recently heard that ESG risk is an important factor in corporate management. I am not sure exactly what ESG risk is, and I am also curious about which areas problems actually arise in. As a corporation running a manufacturing business, I would like to know whether ESG risk management is necessary in my situation and what points I should check in advance.

What happens if waste is treated without a permit under the Wastes Control Act?

In the process of treating waste generated at my business site, the fact that I entrusted it to an outside company or treated it myself without a separate permit has become an issue, and I have received contact about an investigation. I am worried because I am told I may be punished for violating the Wastes Control Act. In such a case, I would like to know what conduct constitutes a violation and what the actual level of punishment is.

Environmental attorney, I received a notice that my factory exceeded the emissions gas standards. How should I respond?

In the course of operating my factory, I received a notice that I had exceeded the emissions gas standards. I am in a state where it is difficult to determine whether it is a measurement error or a situation that constitutes an actual violation. I am worried about whether this could lead to an administrative disposition or even criminal punishment, and in such a case, would I be able to respond with the assistance of an environmental attorney?

What is the first thing a company should do to respond to ESG regulation?

Recently, after hearing that ESG regulation is being strengthened, I am preparing a response internally. However, I am in a situation where it is not even clear what ESG regulation specifically means, and I am at a loss as to where to begin preparing. I am curious whether there are matters that a company should inspect first, or preparation procedures, in order to respond to ESG regulation.

How are administrative fines imposed in the case of a violation of the Wastes Control Act?

Our company is an enterprise that runs a manufacturing business. I heard that, because there were some standards we failed to properly comply with in the process of storing and transporting waste, an administrative fine may be imposed for a violation of the Wastes Control Act. I am curious about how high the administrative fine is and whether the amount varies depending on the number of violations. I would also like to know whether it is punished the same way even when it occurs by mistake, and whether mitigation is possible.