Starting a business in South Korea: your bridge to the Asia-Pacific

Expert guidance on business set-up in South Korea, including entity types, what to know first, where to set up, typical timelines and our step-by-step process.
Contact us

As one of Asia's most advanced economies, South Korea is recognised around the world for its highly developed, export-driven market, technological innovation and skilled workforce. Located between China and Japan, it benefits from strong trade relationships across the Asia-Pacific region, advanced infrastructure and government policies supporting foreign investment.

In addition to its semiconductor and automotive industries and the global popularity of Korean culture, South Korea has established strengths in shipbuilding, cosmetics, healthcare and chemicals.

While South Korea presents opportunities for international expansion, foreign businesses must navigate local regulatory requirements and corporate structuring considerations. In certain sectors, they may also face strong competition from established family-controlled conglomerates, known as chaebols, such as Samsung and LG. Partnering with these conglomerates, where appropriate, may provide opportunities to access established supply chains and business networks.

In this guide, we explore the benefits of entering the South Korean market, common business structures, company set-up costs and timelines, and how Hawksford can support your expansion into the country.

Why choose South Korea to start your business?

There are many compelling reasons to establish a business in South Korea. Some of the key advantages include:

Strategic location and connectivity

South Korea sits between China and Japan, with a number of international and domestic airports providing excellent connectivity to countries across the Asia-Pacific and the rest of the world, making it an excellent base for regional sales, sourcing and partnerships. In addition, ports in Busan, Gwangyang and Incheon provide vital gateways for international trade.

Stable, advanced economy

As a G20 member, South Korea has a highly developed economy that is one of the largest in Asia and ranks among the world's 15 largest. With its export-driven economy, the country is a global leader in technology and innovation.

Multiple trade agreements

South Korea benefits from an expansive network of free trade agreements (FTAs) covering more than 50 countries, including the European Union (EU) and the United Kingdom (UK). It is also a member of the Regional Comprehensive Economic Partnership (RCEP), the world's largest free trade agreement, which unites South Korea with the ten Association of Southeast Asian Nations (ASEAN) member states, together with China, Japan, Australia and New Zealand.

Pro-business environment

South Korea is a business-friendly country, offering advanced technology infrastructure, strong intellectual property (IP) protection and government support through tax breaks, research and development (R&D) grants and special economic and trade zones. It is also known for its streamlined market-entry procedures.

Incentives for innovation

Start-ups in targeted sectors, such as semiconductors, artificial intelligence, green energy and electric vehicles, can access a comprehensive support system that includes regulatory sandboxes, substantial tax incentives, direct financial grants and co-investment opportunities.

Sophisticated consumer market

With a population exceeding 50 million, South Korea offers a mature and digitally engaged consumer market. Its consumers are early adopters, particularly in areas such as beauty, electronics and lifestyle products, making the market an ideal testing ground for new technologies, products and business models.

High-quality talent pool

South Korea has a skilled and educated talent pool, with the highest tertiary attainment rate among young adults in the Organisation for Economic Co-operation and Development (OECD) countries. Around 71% of 25–34-year-olds have completed higher education. The country is also actively seeking to attract foreign workers. The South Korean government eased certain visa rules in 2024 and the number of foreign workers in the country reached a record high in late 2025.

snibe

“As part of our broader global expansion, including into Bangladesh and Peru, Hawksford assisted Snibe in establishing the business entity for our South Korean subsidiary, navigating the local challenges we faced. They now continue to manage ongoing business maintenance, accounting and tax filing services.”

Xingwei Huang, Board of Directors Office, Securities Affairs Assistant, Snibe

Setting up a business in South Korea – what you need to know first

There are several factors to consider when establishing a business in South Korea. Here are six key considerations for foreign investors:

Start with the right legal vehicle

For most foreign investors, the most common structures are a limited liability company (Yuhan Hoesa) or a stock company (Jusik Hoesa), both of which require registration of incorporation with the relevant court registry.

Branch offices and liaison offices are also available. Branch offices can conduct commercial activities on behalf of their foreign parent companies, while liaison offices are limited to non-revenue-generating activities.

Foreign ownership is fully permitted in most sectors

Foreign investors can own 100% of a South Korean company in most industries under the Foreign Investment Promotion Act (FIPA). However, certain activities in sectors such as broadcasting, telecommunications and financial services are subject to foreign investment restrictions or additional regulatory requirements.

To establish a qualifying foreign-invested company, investors must generally notify a designated foreign exchange bank or the Korea Trade-Investment Promotion Agency (KOTRA) before remitting investment funds. Investors must then complete foreign-invested company registration after making the qualifying investment.

Incorporation and licensing requirements need careful planning

South Korea's incorporation process generally involves Foreign Investment Notification, capital remittance, court registration, business registration and the registration of the foreign-invested company.

Businesses operating in regulated sectors, such as financial services, healthcare or the food and beverage sector, may also require additional licences or regulatory approvals before commencing operations.

Local presence and business premises deserve early attention

Companies generally need a registered office address in South Korea, although directors who are foreign nationals are not ordinarily required to reside in the country.

Businesses should also confirm that their proposed premises comply with applicable building use restrictions and industry-specific licensing requirements. Support from accounting and corporate administration providers can help businesses manage regulatory filings and ongoing compliance obligations.

Tax registration and reporting follow a structured framework

Companies must complete business registration with the National Tax Service (NTS) and comply with applicable corporate income tax and value-added tax (VAT) obligations. The standard VAT rate is 10%.

For financial years beginning in 2026, national corporate income tax rates range from 10% to 25%, depending on taxable income, with local corporate income tax applying separately.

Visas, expatriate staffing and workforce issues require early planning

Foreign nationals intending to work in South Korea generally need appropriate immigration status and work authorisation. The D-8 corporate investment visa may be available to qualifying foreign investors and essential professionals.

Businesses must also comply with applicable employment laws, including working-hour limits, statutory severance entitlements and social insurance requirements. Workforce planning should account for these obligations alongside local recruitment conditions.

Common business entity structures in South Korea

When establishing a business in South Korea, understanding the different legal structures available is crucial. The choice of legal structure can affect key operational matters such as corporate governance, liability, taxation, capital requirements and regulatory compliance.

There are two key types of entity for foreign businesses in South Korea: a foreign-invested company and a domestic branch of a foreign company. To qualify as a foreign-invested company, a minimum investment of KRW 100 million, approximately US$75,000, is required.

Here, we focus on the four main business structures typically used by foreign companies.

Limited liability company (Yuhan Hoesa)

A limited liability company (LLC), or Yuhan Hoesa, provides its members with limited liability and a comparatively flexible management structure. The liability of each member (shareholder) is limited to the amount of capital they contribute to the company. LLCs permit 100% foreign ownership and generally have fewer corporate formalities than stock companies. This structure is commonly selected by small and medium-sized enterprises. Its profits are subject to corporate income tax at the entity level.

Stock company (Jusik Hoesa)

A stock company (SC), or Jusik Hoesa, is another common corporate entity for foreign investors establishing subsidiaries in South Korea. It permits 100% foreign ownership and is typically chosen by large enterprises and multinational corporations seeking to raise capital and expand their operations. A stock company's share capital is divided into shares held by its shareholders, who may be individuals or companies. Each shareholder's liability is limited to their investment in the company's shares. As with an LLC, the company's profits are subject to corporate income tax at the entity level.

Branch office

A branch office is an extension of a foreign parent company and is authorised to carry out revenue-generating activities in South Korea. It is not a separate legal entity and operates as part of the parent company, which remains fully responsible for the branch office's obligations and liabilities. Under the Foreign Exchange Transactions Act, the branch office will be recognised as a permanent establishment and taxed on Korean-sourced income as if it were a domestic company.

Liaison office

A liaison office (or representative office) enables a foreign company to establish a non-commercial presence in South Korea. A liaison office is restricted to non-revenue-generating activities, such as building relationships, conducting promotional activities and carrying out market research on behalf of the parent company. This model is typically used by firms evaluating market entry or supporting regional operations without assuming the obligations associated with operating a separate local legal entity. Liaison offices are generally not subject to corporate tax because their permitted activities do not generate revenue.

Choosing the right legal structure in South Korea

We can work with you to identify a structure that supports your immediate set-up requirements and longer-term plans in South Korea. View our 'at-a-glance' comparison table outlining key information about different company formation options.

 

Where to set up your business in South Korea

One of the most important decisions when setting up a company in South Korea is where to establish it. Choosing the appropriate location can be important to your company's long-term success.

There are two key options, each of which offers distinct advantages:

  • Designated investment zones

  • Locations outside designated investment zones

Setting up in a South Korean investment zone

South Korea offers three main types of designated investment locations:

  • Free Economic Zones (FEZs)

  • Free Trade Zones (FTZs)

  • Foreign Investment Zones (FIZs). This category is further divided into complex-type, individual-type and service-type zones

South Korea has also introduced Opportunity Development Special Zones (ODSZs), an investment incentive framework designed to support regional development. However, the framework is aimed primarily at domestic businesses, so foreign investors should confirm their eligibility before selecting a location.

Investment zones often focus on particular industries. For example, the Busan-Jinhae FEZ supports logistics and manufacturing activities, including shipbuilding equipment, automotive parts and machinery. The zone also hosts research facilities serving emerging industries such as biotechnology and healthcare.

Benefits of setting up in a South Korean investment zone

Depending on the zone, industry and applicable investment criteria, benefits may vary across FEZs, FTZs and FIZs and may include:

  • Tax reductions and exemptions: Qualifying businesses may receive exemptions from customs duties on imported capital goods, along with acquisition tax and property tax relief. In FEZs, exemptions from customs duties generally apply for five years and may be extended for up to a further two years in qualifying circumstances. Local tax reductions may be available for up to 15 years under the applicable local ordinances. Corporate income tax exemptions previously available specifically to foreign investors were generally abolished for new investments made on or after 1 January 2019. FIZs may also provide customs duties and local tax relief, while FTZs offer tariff benefits and zero-rated VAT on specified goods and services, subject to applicable requirements.

  • Business support and regulatory incentives: The form of business and location support varies by zone type. Foreign-invested companies that meet the relevant criteria may receive cash grants, reduced rental fees and infrastructure support. FIZs may provide preferential land or rental arrangements, while qualifying businesses in FTZs may benefit from reduced rental fees or long-term leases. Certain FEZs also provide special regulatory arrangements relating to employment and foreign exchange transactions.

  • Simplified administrative procedures: FEZs offer investment support services to assist businesses with set-up and regulatory requirements. FTZs provide customs arrangements designed to facilitate manufacturing and international trade.

  • Living and business environment: Some FEZs, particularly the Incheon FEZ, have developed residential communities alongside international schools, healthcare facilities and commercial infrastructure to support foreign investors and employees.

Setting up outside a designated investment zone

In addition to the investment zones outlined above, foreign businesses also have the option to set up elsewhere in South Korea.

Benefits of setting up a company outside a designated investment zone

Potential advantages include:

  • Access to customers and business networks: Establishing operations in a major commercial district may place a business close to customers, corporate headquarters and professional service providers.

  • Industry-specific locations: Businesses with sales operations, as well as those in the consumer goods and financial services sectors, may benefit from being based near established commercial centres. Manufacturers may prefer areas close to suppliers or industrial clusters.

Seoul is a major centre for corporate headquarters and commercial activity. Gangnam is associated with technology and consumer businesses, Yeouido with financial services and Gwanghwamun with corporate and professional services.

Beyond Seoul, Busan offers access to a major international port and established logistics infrastructure, making it a potential location for companies involved in international trade and distribution.

Establishing a company in a designated investment zone does not create a separate legal form. These companies remain South Korean entities subject to applicable company law and any additional zone-specific requirements, while qualifying businesses may benefit from zone-specific incentives.

South Korea market entry and set-up options for international businesses

South Korea attracts businesses from around the world, but the most suitable market-entry approach depends on your home jurisdiction, applicable trade agreements and sector-specific objectives.

Regional considerations for business set-up in South Korea

Businesses entering South Korea should consider how existing trade relationships and industry opportunities may influence their market-entry and set-up plans.

Setting up in South Korea from the UK

The bilateral UK–South Korea FTA entered into force in 2021 and provides the framework for trade between the two countries. In December 2025, the two governments concluded negotiations on an upgraded UK–South Korea FTA covering digital trade, supply chain resilience and market access. Once in force, the upgraded agreement is expected to preserve tariff-free access for 98% of South Korean tariff lines.

Total UK–South Korea trade in goods and services reached £15.8 billion in 2024, an increase of 32% compared with 2014. The relationship was further strengthened by the Downing Street Accord, signed in November 2023, which elevated bilateral ties to a Global Strategic Partnership.

For UK businesses, South Korea offers opportunities in financial services, professional services, life sciences, fintech and advanced manufacturing. The country's extensive FTA network may also support international trade, although preferential tariff treatment depends on meeting the rules of origin under the relevant agreement.

Entry approach: UK businesses considering South Korea may explore Seoul, particularly Yeouido and Gangnam, as a base for financial services, professional services and commercial operations. Companies involved in advanced manufacturing or semiconductor-related activities may consider Gyeonggi Province, which offers proximity to established industrial clusters.

Setting up in South Korea from mainland Europe

The EU–South Korea FTA was provisionally applied from 2011 and entered fully into force in 2015. It was the EU's first FTA with an Asian country. Bilateral trade in goods reached approximately €124 billion in 2025.

The EU remains South Korea's largest foreign investor by investment stock, accounting for approximately 24.4% of the country's total inward foreign direct investment (FDI) stock. The EU and South Korea maintain an extensive trade and investment relationship, supported by cooperation in advanced manufacturing and technology.

In June 2026, the EU and South Korea signed a Digital Trade Agreement aimed at facilitating cross-border data flows and electronic transactions following its entry into force. EU businesses can also access market-entry support through organisations such as the European Union Chamber of Commerce in Korea and the EU Business Hub.

Entry approach: EU businesses may consider Seoul for corporate headquarters and commercial activities, while the Incheon Free Economic Zone may suit companies in biotechnology and other designated advanced industries. Songdo International City may be an attractive location for pharmaceutical and life sciences companies because of its established biopharmaceutical cluster. Automotive companies and other manufacturers may also explore industrial locations in Gyeonggi Province and South Chungcheong Province.

Setting up in South Korea from ASEAN

South Korea maintains strong economic ties with ASEAN and participates in the ASEAN Plus Three framework alongside China and Japan. The ASEAN–Korea Free Trade Agreement (AKFTA) and the Regional Comprehensive Economic Partnership (RCEP) also support regional trade by providing preferential tariff treatment for qualifying goods.

South Korean exports to ASEAN reached US$122.5 billion in 2025, an increase of 7.4% compared with 2024. Growth was driven particularly by semiconductor exports.

For ASEAN businesses, South Korea offers opportunities in consumer goods, the food and beverage sector, digital services and logistics. South Korea's established technology sector and extensive FTA network may also support businesses seeking to expand their regional operations. However, access to preferential tariffs depends on meeting the rules of origin and other requirements under the relevant agreement.

Entry approach: ASEAN businesses may consider Seoul for corporate headquarters and commercial operations, while Incheon may be suitable for logistics and distribution activities. Consumer-facing businesses may also explore selling through e-commerce platforms such as Coupang and Naver Shopping before committing to physical retail operations.

Setting up in South Korea from Hong Kong and the Mainland of China

The Mainland of China has been South Korea's largest trading partner for more than two decades. Bilateral trade is supported by the China–South Korea Free Trade Agreement, which entered into force in 2015, and the RCEP.

FDI pledges from the Mainland of China increased by 266.1% year on year to approximately US$5.8 billion in 2024 before declining by 38% year on year to approximately US$3.6 billion in 2025.

Hong Kong also maintains trade and investment ties with South Korea. Bilateral merchandise trade reached HK$314 billion in 2025, while an investment protection agreement between Hong Kong and South Korea has been in force since 1997.

For investors from the Mainland of China and Hong Kong, South Korea offers opportunities in advanced manufacturing, semiconductors, biotechnology and financial services. South Korea's established industrial infrastructure and IP protection framework may be particularly relevant to businesses seeking to establish research facilities or expand their commercial operations.

Entry approach: The Incheon Free Economic Zone, including the Songdo, Cheongna and Yeongjong districts, offers potential locations for businesses in biotechnology, finance and logistics. Companies involved in shipping or industrial manufacturing may also consider the Busan-Jinhae Free Economic Zone, while technology businesses may explore Seoul and Pangyo Techno Valley.

Setting up in South Korea from the US

South Korea and the United States (US) maintain extensive trade and investment ties, supported by the Korea–US Free Trade Agreement (KORUS FTA) and cooperation in advanced industries.

US FDI pledges into South Korea reached a record high of US$9.77 billion in 2025, an increase of 86.6% compared with 2024. Investment growth was concentrated in metals, distribution and the information and communications technology.

In November 2025, the two countries announced a strategic agreement addressing tariffs and investment commitments. However, subsequent changes to relevant US tariff and trade measures in 2026 highlight the importance of reviewing current tariffs and trade requirements when planning cross-border operations.

For US businesses, South Korea offers opportunities to work with established companies operating in semiconductors, batteries, biotechnology and artificial intelligence (AI). South Korea's industrial capabilities and research infrastructure may support businesses seeking to establish manufacturing operations or develop technology partnerships in East Asia.

Entry approach: Seoul may serve as a base for regional management, financial services and commercial operations. Pangyo Techno Valley, which hosted 1,780 companies as of December 2025, is an established technology cluster for software, gaming and R&D. Busan may be suitable for businesses involved in maritime technology and logistics. The American Chamber of Commerce in Korea and the US Commercial Service also provide resources for companies exploring the South Korean market.

South Korea business set-up costs, process and timelines

We provide a tailored business set-up plan, including a clear roadmap and a cost breakdown, to help you establish operations efficiently in South Korea. As establishing a business can involve multiple steps, including filings with and approvals from regulatory authorities, proper planning and local expertise can help streamline the process and avoid delays.

South Korea business set-up key cost components

Setting up a business in South Korea involves a range of costs that vary depending on several factors. These include the chosen entity type, your specific business activity and your intended location.

Our team can provide cost estimates tailored to your specific needs, helping you understand the likely expenditure and scope of the set-up process.

Typical costs may include:

  • Registration and licensing fees: Costs associated with court incorporation, business registration and foreign-invested company registration in South Korea, including fees payable to relevant authorities. Additional licensing fees may apply to regulated business activities.

  • Other relevant taxes and fees: These may include Local Education Tax, additional registration charges applicable in certain metropolitan areas and court filing fees.

  • Capitalisation costs: To qualify as a foreign-invested company, investors must generally contribute at least KRW 100 million. Holding this status helps investors and staff secure Korean visas.

  • Visa costs: Expenses associated with visa applications for qualifying investors, intra-company transferees and other expatriate personnel, including relevant D-7 or D-8 visa categories.

  • Office space rental: Rental expenditure can vary significantly depending on the location, size, condition and specification of the premises, especially in metropolitan areas such as Seoul.

  • Professional fees: These may include fees for legal advisers, business set-up consultants and accounting providers.

  • Other potential costs: These may include translation fees, bank charges and additional administrative expenses.

Step-by-step South Korea business set-up process

At Hawksford, we tailor our approach to entity formation in South Korea to your needs and objectives. Throughout the process, our team can work with you to manage requirements and help reduce delays.

The process typically includes the following steps:

Initial consultation and business objectives analysis

We typically begin with a comprehensive consultation to understand your immediate business objectives, operational requirements and longer-term plans. This allows us to provide guidance on the legal structure and location best suited to your business as well as any incentives for which it may qualify.

Strategic planning and legal structuring

Based on the initial consultation, our team can prepare a plan that sets out a practical approach to establishing your business. The plan includes guidance on company formation and registration in South Korea, corporate structuring and legal considerations relevant to your industry and activities.

Preparation and processing of documentation

We can then assist with the preparation and processing of the required documentation, helping to ensure that it is accurate and complies with South Korean regulatory requirements. This includes drafting legal documents, completing application forms and supporting applications for necessary approvals from the relevant authorities.

Company name registration, Foreign Investment Notification and capital arrangements

We can oversee your company name registration and assist with submitting the Foreign Investment Notification to a designated foreign exchange bank or the Korea Trade-Investment Promotion Agency (KOTRA). Following the notification, we can arrange the opening of a capital account where required and assist with the remittance of paid-up capital.

Court incorporation, company registration and licensing

Following the capital remittance, we can assist with registration of incorporation with the relevant court registry, business registration with the National Tax Service and foreign-invested company registration. Where applicable, we can also support sector-specific licensing applications and liaise with the relevant authorities regarding required approvals.

Visa applications and processing

We can assist with visa applications for qualifying investors and expatriate personnel, including managing documentation and liaising with the relevant authorities on your behalf.

Corporate bank account opening

We can provide guidance on the paperwork required to open a corporate bank account in South Korea and help you prepare for the bank's due diligence process. Through our experience supporting a wide range of clients, we are familiar with the documentation and due diligence requirements commonly applied by banks in South Korea.

Registered office set-up

We can help arrange a registered office address and, where required, support the establishment of operational premises including checking that the proposed premises are suitable for the company’s registered business activities and applicable building-use requirements.

Additional business support

Beyond incorporation, we can provide ongoing operational and compliance support tailored to the needs of businesses in South Korea. This may include accounting, audit coordination, tax compliance, corporate governance, company secretarial support and regulatory reporting.

Timelines for South Korea company set-up

The timeline for setting up a business in South Korea can vary depending on several factors. These include the chosen legal structure, the complexity of the intended business activity, applicable licensing requirements, location-specific requirements, bank account opening and the processing times of the relevant authorities.

We provide clear guidance and realistic timelines for each stage of the process to support effective planning.

Key factors influencing set-up timelines

  • Chosen legal structure: The entity type can influence the timeline. Incorporation is typically completed within a matter of weeks, although the overall set-up timeline may be longer where Foreign Investment Notification, capital account opening, capital remittance, licensing or other approvals are required.

  • Complexity of business activity: Applications for business activities requiring special approval from the relevant government authorities may take longer to process.

  • Foreign Investment Notification: The timeframe depends on the completeness of the investor information and supporting documents required by the designated foreign exchange bank or the Korea Trade-Investment Promotion Agency (KOTRA). Queries or requests for additional information may affect the subsequent capital-remittance and incorporation timetable.

  • Designated investment-zone requirements: Each designated investment zone has its own requirements, which can affect the overall timeline.

  • Document preparation and authority processing times: Complete and accurate documentation can help reduce avoidable delays, although processing times remain subject to the relevant authorities.

  • Capital and corporate bank account opening: The time required to open a pre-incorporation capital account or a post-incorporation corporate bank account can vary depending on the bank, the company's ownership structure, the nature of its activities and the completion of due diligence checks. Each account-opening application remains subject to the bank's approval and may affect the overall set-up timeline.

Hawksford's role in optimising set-up timelines

Our experience supporting international clients entering South Korea enables us to help streamline company formation. We help ensure that all documentation is accurate, complete and submitted promptly through the appropriate channels, reducing the risk of avoidable delays and regulatory complications.

We coordinate with the relevant authorities and financial institutions where necessary, helping to address queries promptly and support timely processing.

Typical stages and estimated timeframes

  • Initial planning and document preparation: Typically 1–2 weeks.

  • Foreign Investment Notification and capital arrangements: Typically 1–2 weeks, subject to document readiness and the bank's due diligence requirements.

  • Court incorporation, business registration and foreign-invested company registration: Generally 2–4 weeks following capital remittance and receipt of all required documentation in Seoul.

  • Visa processing, if applicable: Usually 1–3 months.

  • Corporate bank account opening: Typically up to 4 weeks after incorporation of the entity, subject to the bank's due diligence and approval.

These timeframes are indicative and may vary depending on documentation, regulatory requirements and third-party processing. We maintain close communication throughout the process and proactively manage the stages within our remit to support an efficient business set-up within South Korea's regulatory framework.

Post-incorporation governance, compliance and reporting for South Korean companies

Establishing your business in South Korea is only the beginning. Once the company begins operating, ongoing compliance becomes essential. Businesses in South Korea are subject to continuing legal and financial obligations, and failure to meet them can result in penalties or operational disruption.

Corporate governance and statutory record-keeping

Companies are generally required to maintain accurate corporate records and statutory registers in accordance with applicable South Korean requirements. These may include member or shareholder records, beneficial ownership information, director and officer details, registered office information, constitutional documents and corporate resolutions.

Companies may also be required to report changes to directors, members or shareholders, registered office addresses or share capital within the applicable deadlines.

Accounting and tax compliance obligations

Businesses are typically required to maintain proper accounting records and supporting documentation. Financial reporting and audit requirements vary according to factors such as the entity type, size and applicable South Korean regulations. Tax obligations may include corporate income tax, value-added tax (VAT), payroll-related taxes and social insurance contributions, depending on the company's activities and workforce.

Ongoing regulatory filings and reporting requirements

Businesses may also need to submit periodic corporate filings, licence renewal applications or sector-specific reports. Filing deadlines and submission procedures vary according to the type of filing and the responsible South Korean authority. Late or inaccurate filings can result in penalties, licence restrictions or increased regulatory scrutiny.

Frequently asked questions

Foreign investors can establish a company in South Korea under the Commercial Act, with common structures including a stock company (Jusik Hoesa) and a limited company (Yuhan Hoesa). To qualify as a foreign-invested company under the Foreign Investment Promotion Act, a foreign investor must generally invest at least KRW 100 million and acquire at least 10% of the company's voting shares or equity, although alternative qualification criteria may apply.

The registration process generally involves submitting the Foreign Investment Notification to the Korea Trade-Investment Promotion Agency (KOTRA) or a designated foreign exchange bank, opening a capital account where required, remitting the investment funds, registering the incorporation with the relevant court registry and completing business registration with the National Tax Service. After incorporation and business registration, qualifying foreign-invested companies must complete foreign-invested company registration.

Foreign directors registering a company in South Korea generally need to provide a passport copy, a signed acceptance of appointment and a notarised signature certificate or equivalent documentation. Foreign representative directors may also need to provide proof of residential address.

Depending on the issuing jurisdiction, relevant foreign-issued documents may require notarisation and an apostille or authentication by a South Korean consulate. Foreign-language documents must also be accompanied by Korean translations.

South Korean companies are generally subject to corporate income tax on their worldwide income, regardless of whether they have foreign ownership. Progressive national tax rates range from 10% to 25% for financial years beginning in 2026. Including local corporate income tax, the combined top marginal corporate income tax rate is 27.5%.

Dividends and royalties paid to non-resident entities are generally subject to withholding tax at 20%, or 22% including local tax, while interest payments may be subject to different rates. Applicable double taxation agreements may reduce these rates, subject to the recipient meeting the relevant eligibility and documentation requirements.

Transactions with related parties outside South Korea must comply with the arm's-length principle. Transfer pricing documentation and reporting requirements apply where relevant thresholds are met.

Yes. A foreign company can establish a branch office in South Korea to conduct commercial activities without incorporating a separate legal entity. The foreign parent company remains liable for the branch's obligations.

To establish a branch, the foreign company must generally notify a designated foreign exchange bank. Different notification or approval requirements may apply to certain financial and other regulated activities. It must also appoint a representative in South Korea, register the branch with the court registry and complete business registration with the National Tax Service.

Foreign-invested stock companies in South Korea must generally hold an annual general meeting, typically within three months of financial year end, and register changes to directors, auditors or other corporate particulars within two weeks of the relevant change.

Corporate income tax returns are generally due within three months of the end of the month in which the financial year closes. Value-added tax (VAT) returns are typically filed quarterly by the 25th of the following month. Companies must also maintain proper accounting records under the applicable Korean accounting standards.

External audits are required for companies that meet the applicable statutory criteria, which may include total assets or annual revenue of KRW 50 billion or more. Different thresholds may apply depending on factors such as company size, ownership and listing status. Foreign-invested companies must also register certain changes to their registered foreign investment information, generally within 60 days.

Additional obligations include complying with employment laws, such as working-hour limits and statutory severance entitlements, and maintaining applicable industry-specific licences.

South Korea operates a first-to-file system, so overseas businesses should consider registering their marks before entering the South Korean market. Foreign applicants without an address or place of business in South Korea must appoint a locally based authorised representative to handle their applications.

Applications are submitted in Korean to the Ministry of Intellectual Property (MOIP), formerly the Korean Intellectual Property Office. They must identify the applicant and the trademark as well as the relevant goods or services under the Nice Classification. Applicants must also provide a representation of the trademark, a power of attorney where required and priority documents when claiming an earlier filing date.

The trademark must be sufficiently distinctive and meet the applicable registration requirements.

Patents, utility models, trademarks and designs generally require an application or registration with the MOIP, as applicable, to secure statutory protection in South Korea. Eligible intellectual property (IP) rights can also be recorded with the Korea Customs Service to help identify and stop infringing goods entering or leaving the country.

Copyright generally arises without registration. Trade secrets do not require registration, but businesses should use confidentiality agreements and appropriate safeguards to preserve secrecy and protect sensitive information.

South Korea's Unfair Competition Prevention and Trade Secret Protection Act also addresses certain unfair practices, including the misuse of well-known marks and the unauthorised use of business ideas disclosed during negotiations, where the applicable statutory conditions are met.

Under the Korean Commercial Code (KCC), also known as the Commercial Act, directors have statutory duties of care and loyalty. Following a 2025 amendment, directors must act in the interests of both the company and its shareholders. They must also protect shareholders' collective interests and treat shareholders fairly.

These responsibilities apply equally to directors appointed by foreign parent companies. Those directors must exercise independent judgement when carrying out their duties.

Foreign parent companies must also consider how they exercise control over their South Korean subsidiaries. Under the Commercial Act, individuals who use their influence to instruct directors in conducting business may face liability as de facto directors in certain circumstances. Parent companies should therefore exercise their shareholder rights through appropriate corporate procedures while allowing subsidiary directors to fulfil their statutory responsibilities.

Contact our South Korea company formation experts

Contact our international expansion experts today for a professional and confidential consultation regarding business structuring and company registration in South Korea.