South Korea updates

Employment & Benefits

Contributed by Lee & Ko
Recent changes to employment law affect business operations
  • South Korea
  • 18 July 2018

South Korea recently overhauled its employment laws. Some of the most significant changes that may have an impact on business operations concern annual paid leave entitlements and fertility treatment leave, eligibility for childcare leave, protection for workplace sexual harassment victims, mandatory disability awareness training and the scope of the anti-discrimination statutes.

Termination for personal use of corporate cards held as wrongful termination
  • South Korea
  • 23 May 2018

The Seoul High Court recently ruled that an employee's repeated personal use of his or her corporate card, in and of itself, may not always constitute sufficient just cause for termination. The court's ruling is an adverse precedent that may have an impact on many businesses as they consider whether to terminate an employee for personal use of corporate cards. However, this case is now pending before the Supreme Court.

Occupational Safety and Health Act amendments
  • South Korea
  • 16 May 2018

In recognition of the hardship faced by emotional labour workers, there have been increasingly audible calls to improve their working environment, which has led to a view that employers must take proactive steps to protect the health and wellbeing of such employees. Although legislative changes have been insubstantial, the National Assembly of Korea recently passed legislative amendments to the Occupational Safety and Health Act which seek to protect emotional labour workers.

Changes to Labour Standards Act: National Assembly passes new bill to curb working hours
  • South Korea
  • 21 March 2018

The National Assembly recently passed a legislative amendment designed to reform the Labour Standards Act. The new legislation is projected to have a significant impact on all industries and levels. According to a study by the Korea Economic Research Institute, the additional annual labour costs that companies will incur is likely to exceed W12 trillion ($11 billion) in total.


Intellectual Property

Contributed by Kim & Chang
Supreme Court sets rules for international panels
  • South Korea
  • 05 November 2018

Under the amendment to the Court Organisation Act, certain courts handling IP cases have been given authority to establish international panels of judges to review cases in languages other than Korean as a way of making South Korea a more attractive venue for foreign litigants to bring IP litigation cases. To provide further details on the implementation of the amendment, the Supreme Court promulgated its Rules on the Establishment and Operation of International Panels, which are now in effect.

Significant increase in non-use cancellation actions
  • South Korea
  • 08 October 2018

According to data recently published by the Korean Intellectual Property Office, the number of non-use cancellation actions filed in South Korea has significantly increased in recent years, resulting in nearly double the number of registrations being cancelled in 2017 compared with previous years. As such, trademark owners with portfolios which include marks not currently active in South Korea should seek legal advice to determine the most effective strategy for protecting their trademark rights.

Supreme Court rules that AMERICAN UNIVERSITY trademark is inherently distinctive
  • South Korea
  • 13 August 2018

The Supreme Court recently ruled en banc that the AMERICAN UNIVERSITY trademark was sufficiently distinctive among South Korean consumers to be registered in connection with university education services, instruction services and other designated services. The court's reasoning is notable because it appears to hold that consumer awareness evidence can be used to prove the inherent distinctiveness of a mark in South Korea.

Supreme Court broadens doctrine of equivalents to emphasise purpose over specific structures
  • South Korea
  • 30 July 2018

In a recent case, the Supreme Court appears to have essentially broadened the doctrine of equivalents to emphasise that structures in an accused product that are very different from claimed elements can still be 'equivalent', provided that the differences are conventional and the basic purpose of the invention is still achieved. The patent at issue related to a device for lifting a 'gang form' – a type of external scaffolding used in construction.

Trade dress protection for service providers and new provision on theft of ideas
  • South Korea
  • 04 June 2018

An important amendment to the Unfair Competition Prevention and Trade Secret Protection Act will come into effect in July 2018. This amendment specifies the protection to be given to trade dress belonging to service providers in South Korea and introduces a new type of prohibited unfair competitive activity.


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