Case Analysis / Legal Updates

A corporate acquisition and transfer is a transaction in which a company's business, a business division, or corporate status is transferred to another company. Because a history of administrative dispositions may also be succeeded to in this process, prior review is very important.

A corporate sale is sometimes used as a strategic option that allows a company to reduce its financial burden while maintaining its core business when it faces a liquidity crisis.

The Supreme Court has held that, where a company concludes an asset transfer agreement, transfers the assets first, receives the price in installments over a long period, and does not even collect interest on the delay, the arrangement may be assessed not as an ordinary intra-group transaction but as an unfair intra-group support under the Monopoly Regulation and Fair Trade Act.In this case, the Supreme Court found that there was a clear intent to assist an affiliate that had fallen into a liquidity crisis, and it affirmed the lower court's determination that the delayed collection of the asset transfer price and the failure to collect interest on the delay posed a risk of undermining fair trade in the market. (Supreme Court, Decision of January 29, 2026, 2024 Du 55259)

Reinstatement of nationality refers to the system under which a person reacquires Korean nationality after having acquired a foreign nationality or renounced their nationality. In reviewing the reinstatement of nationality, the authorities decide whether to grant permission by examining factors such as military service issues and the circumstances of the loss of nationality.

Stock delisting refers to the cancellation of a listed company's eligibility to have its shares traded because the company fails to meet the listing requirements. As the financial authorities tighten the system, the removal of financially troubled companies from the stock market is anticipated.

Following the ruling that the tariffs were unlawful, the U.S. government is pursuing the establishment of a streamlined system within 45 days to process tariff refunds of approximately 246 trillion won, drawing attention to the changing international trade environment.

Dissolution of a corporation is the procedure for terminating the official status that an organization held as a legal entity. A Japanese court has ordered the dissolution of the Unification Church.

Bond issuance is a financial transaction in which a company raises funds by issuing bonds, paying interest, and repaying the principal at maturity.

An attorney handling Commercial Act matters presents strategies addressing the mandatory cancellation of treasury stock and the strengthened procedures for holding and disposing of treasury stock under the Commercial Act amendment, for companies facing the annual general meeting of shareholders in March 2026.

Customs litigation is a representative trade dispute that arises between businesses and the government over the legality of customs duties or the propriety of the assessed amount. In the United States, a large-scale customs refund order has been issued.

In cases of unauthorized fund-raising fraud, a structure in which the sales personnel who solicit investment funds receive a commission at a fixed rate is commonly used. The question is whether, when such a commission is paid in the course of an illegal solicitation of investment funds, the recipient may retain it.In this case, the issue was whether the sales commissions paid to freelance investment solicitors after the unauthorized fund-raising company entered rehabilitation proceedings could be recovered as unjust enrichment.The Supreme Court held that, even for a sales commission paid in the course of unauthorized fund-raising, a claim for its return may exceptionally be allowed under the principles of fairness and good faith when various circumstances are considered together, and it reversed and remanded the lower judgment. (Supreme Court, Decision of January 29, 2026, 2024 Da 292464)

A violation of the Public Official Election Act refers to conduct that breaches the provisions designed to protect the fairness and equity of elections. Conduct that goes beyond the scope set by the law may be subject to punishment as a violation of the Public Official Election Act.