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56<br />

Country starter pack<br />

Business practicalities in <strong>Korea</strong><br />

Restrictions and prohibitions on foreign investment:<br />

Foreigners are restricted from foreign investment in<br />

the following cases: where it threatens the maintenance<br />

of national safety and public order; where it has<br />

harmful effects on public hygiene or the environmental<br />

preservation or is against <strong>Korea</strong>n morals and customs;<br />

and where it violates the Acts and subordinate statutes<br />

of the Republic of <strong>Korea</strong>. Furthermore, out of a total of<br />

1,145 categories of business under the <strong>Korea</strong>n Standard<br />

Industrial Classification (KSIC), foreign investment<br />

is not permitted in 60 categories, including public<br />

administration, diplomacy, national defence, nuclear<br />

power generation, radio broadcasting, and terrestrial<br />

television broadcasting. Although foreigners can invest in<br />

all of the remaining 1,085 investment categories, 29 of<br />

them are subject to foreign ownership ceilings. Foreign<br />

ownership ceilings and additional criteria are updated by<br />

the Ministry of Trade, Industry and Energy through its<br />

Integrated Public Notice of Foreign Investment.<br />

Foreign Investment Restricted Categories (issued on April 26, 2012):<br />

Business Categories (KSIC) Restrictions Competent authority<br />

Satellite and other broadcasting<br />

(60229)<br />

Cable communications<br />

(61210)<br />

Mobile communications<br />

(61220)<br />

Satellite communications<br />

(61230)<br />

Domestic commercial bank<br />

(64121)<br />

Permitted when foreign investment ratio is<br />

below 49% (below 20% for Internet multimedia<br />

broadcasting contents operation in general<br />

programming)<br />

Permitted when the sum of shares held by foreign<br />

governments of foreigners is less than 49% of the<br />

total issued shares<br />

Permitted when foreign investment ratio is<br />

below 49% (below 20% for Internet multimedia<br />

broadcasting contents operation in general<br />

programming)<br />

Permitted when the sum of shares held by foreign<br />

governments of foreigners is less than 49% of<br />

the total issued shares. However, there are no<br />

restrictions on value added communications<br />

businesses.<br />

Permitted when foreign investment ration is<br />

below 25%. Permitted only for commercial banks<br />

and regional banks<br />

Ministry of Culture, Sports<br />

and Tourism<br />

Ministry of Culture, Sports<br />

and Tourism<br />

Ministry of Culture, Sports<br />

and Tourism<br />

Ministry of Culture, Sports<br />

and Tourism<br />

Financial Services Commission<br />

Government policies for investment promotion:<br />

With an eye towards global market trends, the <strong>Korea</strong>n<br />

Government has selected 17 industries across three<br />

sectors that are expected to serve as future drivers of<br />

economic growth – and in which foreign investment<br />

is being promoted. The designated “growth-engine”<br />

industries include: renewable energy, low-carbon<br />

energy technologies, green transportation systems, IT<br />

convergence citywide, LEDs in the green technology<br />

sector, broadcasting and communications media,<br />

intelligent robots, bio-pharmaceutical and medical<br />

devices, information technology, food industry and<br />

nano-convergence in the high-tech convergence<br />

sector, healthcare, green financing, cultural content and<br />

software, education, MICE (conventions and exhibitions),<br />

and tourism-related industries in the value added service<br />

sector.<br />

Value added strategy in core industries: <strong>Korea</strong>’s high<br />

competency in core industries such as ship building,<br />

automobiles, and steel making has been obtained<br />

through high technological development supported by<br />

the Government. Although these industries have shown<br />

significant growth, competition in the global market has<br />

intensified. In response, <strong>Korea</strong>n companies are focusing<br />

on the development of high value-added products and<br />

services, such as hybrid and fuel cell-powered vehicles,<br />

and specialised ships that require core advanced<br />

technology and advanced materials. Opportunities exist<br />

for foreign companies to add knowledge and technology<br />

to these areas of industry.

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