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

79<br />

5.7 REPATRIATING PROFITS<br />

AND GETTING PAID<br />

Sending money<br />

overseas<br />

Foreign residents working in <strong>Korea</strong> and paying<br />

<strong>Korea</strong>n income tax may send their entire income<br />

home, based on their tax payment certificates.<br />

These transactions may be made at banks, and<br />

some banks have also made international money<br />

transfers available online to foreign residents.<br />

There are three ways to send money overseas:<br />

wire transfers, bank checks, and postal cheques.<br />

Wire transfers are the fastest way to send money<br />

overseas, but can be expensive, with fees charged<br />

by both the sending and receiving banks. Many<br />

foreign residents choose to send over large sums<br />

of cash at once instead of many smaller amounts,<br />

to minimise the fees incurred.<br />

Wire transfers require:<br />

• Passport<br />

• Alien registration card<br />

• Name and address of the bank receiving the<br />

transfer<br />

• Routing number and swift code of the bank<br />

receiving the transfer<br />

• Name and account number for the account<br />

receiving the transfer.<br />

With bank cheques, a cheque is issued by the<br />

bank and sent, via regular mail, to an individual.<br />

Fees for bank cheques are often less, but the<br />

amount of time taken to receive the money may<br />

be considerably longer than for wire transfers.<br />

Postal cheques utilise registered mail services<br />

to send a cheque to the bank receiving the<br />

payment, and take the same amount of time as a<br />

letter to be delivered.<br />

Foreign exchange controls<br />

Foreign exchange control in <strong>Korea</strong> originated with<br />

the enactment of the Foreign Exchange Control Law<br />

(currently Foreign Exchange Transaction Law) in 1961.<br />

The purpose of this law was to properly control the<br />

outflow of foreign exchange, use incoming foreign<br />

exchange in the process of economic development,<br />

and to effectively cope with a chronic foreign exchange<br />

shortage. The Foreign Investment Promotion Act (FIPA)<br />

and the Foreign Trade Act also indirectly control foreign<br />

exchange transactions.<br />

Most transactions involving foreign exchange generally<br />

do not require approval or reporting under the Foreign<br />

Exchange Transaction Act (FETA), with a few exceptions<br />

as prescribed by the law. Receipt of foreign exchange<br />

from outside <strong>Korea</strong> is freely permitted, and payments to<br />

foreign companies are not regulated. Most restrictions<br />

on <strong>Korea</strong>n companies’ foreign currency transactions<br />

with foreigners have been removed. However, the<br />

Government continues to monitor certain flows of<br />

foreign currency in an attempt to minimise incoming<br />

speculative currency and outgoing capital flight. Ever<br />

since <strong>Korea</strong>’s currency crisis of 1997, most restrictions on<br />

short-term as well as mid and long-term borrowings from<br />

overseas by corporations have been removed.<br />

Most foreign currency loans are allowed and are subject<br />

to reporting to a foreign exchange bank. There are no<br />

specific regulations on borrowings from overseas by<br />

foreign investment companies in <strong>Korea</strong>, except the<br />

reporting requirements.<br />

<strong>Korea</strong>’s foreign exchange system is administrated by the<br />

Ministry of Strategy and Finance and the Bank of <strong>Korea</strong><br />

- the <strong>Korea</strong>n central bank. <strong>Korea</strong>’s foreign exchange<br />

controls are in line with OECD standards, with foreign<br />

exchange transactions for foreign direct and portfolio<br />

investment into <strong>Korea</strong> having been liberalised. Reporting<br />

requirements and some controls remain in place on forex<br />

payments made by individuals and businesses. <strong>Korea</strong>n<br />

law protects the repatriation of approved capital and<br />

remittance of dividends and profits. Forex banks doing<br />

business with foreign investors are required to verify the<br />

legality of the transactions.

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