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Apr 22, 2011

Non-Acceptance of Government Report Grounds for an Appeal to Korean Court

Over the past decade, Korea has liberalized its government permit system and has required, in many more instances, only a report or notification to be filed with the government for many activities that previously required approval of a relevant Korean government authority.

Even with the change, however, the Korean bureaucracy has, often, been unwilling to give up its power and has simply rejected reports, thus, in reality rejecting the anticapted activity.

In a Supreme Court case handed down late last year (2008 Du 167), the Supreme Court of Korea ruled in a case concerning a construction report, that the non-acceptance of the report is justifiable grounds for an appeal of the non-acceptance to court.

This development is a welcomed sign for developers and other that are often stymied by bureaucracy with too much time and not enough business sense.

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SeanHayes@ipglegal.com