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is Coming to Korea - Korea IT Times

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Investment Guide<br />

Investment<br />

Guide<br />

The sixth installment in a seven-part series<br />

3. Corporation Establ<strong>is</strong>hment<br />

Types of Foreign Advancement in<strong>to</strong> <strong>Korea</strong><br />

Foreign advancement in<strong>to</strong> <strong>Korea</strong> for business purposes can largely be divided in<strong>to</strong> 4<br />

types; a foreigner (corporation)'s establ<strong>is</strong>hment of a local corporation, a foreigner (corporation)'s<br />

establ<strong>is</strong>hment of a private business, or a foreign corporation's establ<strong>is</strong>hment<br />

of a local branch or a local office.<br />

A Series Schedule<br />

1. FDI System in <strong>Korea</strong><br />

1-1 Foreign Direct Investment<br />

1-2 Foreign Investment Promotion<br />

Act<br />

1-3 Foreign Investment Promotion<br />

and Control<br />

2. FDI Procedures<br />

2-1 Foreign Investment<br />

Procedures<br />

2-2 Foreign Investment Report<br />

2-3 Post Management of Foreign<br />

Investment<br />

2-4 Forms<br />

3. Corporation Establ<strong>is</strong>hment<br />

4. FDI Incentive<br />

5. FDI Related Law<br />

Foreign-Invested Companies under the Foreign Investment Promotion Act<br />

The Foreign Investment Promotion Act and <strong>Korea</strong>'s domestic commercial law apply <strong>to</strong> investments that a foreigner (corporation)<br />

makes by establ<strong>is</strong>hing a "local corporation" in <strong>Korea</strong>. To benefit from the protections and benefits of the Foreign Investment<br />

Promotion Act, the foreigner shall invest a minimum of 50 million.<br />

The Foreign Investment Promotion Act will also apply <strong>to</strong> foreign individuals investing 50 million won and more who operate a business<br />

as a form of "private business." Such an investment will also be recognized as a foreign investment.<br />

Domestic Branch of a Foreign Company by the Foreign Exchange Trade Act<br />

A foreign-invested business that generates profits <strong>is</strong> categorized as "branch." As it <strong>is</strong> a foreign corporation, such a branch <strong>is</strong> not considered<br />

FDI.<br />

60 KOREA <strong>IT</strong> TIMES | February 2010

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