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Showing posts from November, 2020

Major Corporate Tax Issue—Dowoo Hwasan: Non-Business Related Real Estate

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  Major Corporate Tax Issue—Dowoo Hwasan: Non-Business Related Real Estate   Taxation & Tax Investigation Response in South Korea | English-speaking Lawyers | A Leading Law Firm in South Korea | Dowoo Hwasan Seoul Office     What is non-business related real estate regarding corporate tax?   · Non-inclusion of non-business related expenses in deductible expenses (Art. 27 of Corporate Tax Act)   In order to limit the spending of expenses not directly related to the business of a corporation, ① expenses incurred by acquiring assets acknowledged as not having a direct relation to the business of a corporation and ② other expenses that are determined as not directly related to the business of the corporation shall not be included in deductible expenses. ​ Non-business related expenses Non-business related asset Related provision Maintenance and management expenses of non-business real estates Real estate not used

How to respond against violation of the prohibition on using or illegal dispatch of suppliers’ employees?

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  How to respond against violation of the prohibition on using or illegal dispatch of suppliers’ employees?   Korean Distribution and Franchise Law | English-speaking Franchise and Distribution Attorneys in South Korea | Korean Corporate Lawyers | Dowoo Hwasan Seoul Office     ​Often a supplier dispatches its employees to the business premise of a large retail business in a supply transaction at the request of the large retailer. Article 12(1) of the Act on Fair Transactions in Large Retail Business (hereinafter, the “Act”), in principle, prohibits a large retail entity from requesting its supplier to dispatch employees to work at the workplace of the retail business. However, Paragraph (2) and the proviso of Paragraph (1) of the same Article allow dispatched employees to engage in the sale and management of goods supplied by the supplier when the conditions thereof are agreed in writing.      But if a large retailer abuses its superiority in the transaction to unilaterall

How many days of annual paid leave can you use under the Labor Standards Act?

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  How many days of annual paid leave can you use under the Labor Standards Act? Labor and Employment Law in South Korea | English-speaking Korean Labor and Employment Lawyers | Korean Corporate Lawyers | Dowoo Hwasan Seoul Office     Annual paid leave under the Labor Standards  Act? ​ Article 60 of the Labor Standards Act (Annual Paid Leave) (1) Every employer shall grant any worker who has worked not less than 80 percent of one year a paid leave of 15 days. <Amended by Act No. 11270, Feb. 1, 2012> (2) Every employer shall grant any worker who has continuously worked for less than one year or who has worked less than 80 percentage of one year one paid-leave day for each month during which he or she has continuously worked. <Amended by Act No. 11270, Feb. 1, 2012>   (3) Where an employer grants any worker a paid leave for the latter's first year of work, the former shall gra