Case Studies
To prepare for violations of the Foreign Exchange Transactions Act and the Special Liquidation Act, 5 key check items.
2022년 10월 금융당국이 가상자산 연루 가능성이 큰 국내 은행의 이상 외화송금에 대한 검사를 마치고 본격적인 조치안 마련에 나섰습니다. 이번 검사는 지난 6월말 A은행과 B은행이 자체 거액 이상 외화송금 의심 거래 사실을 당국에 보고하면서 시작되었습니다. 신설 법인이 자본금에 비해 큰 외환을 특정 영업점에서 집중적으로 송금하거나 가상자산 관련 송금이 이뤄지는 등 의심 사례가 포착됐기 때문이었습니다. 대부분의 이상 외환 거래는 가상자산 연계 거래로 알려졌으며, 가상자산 매각 대금이 다수 명의 계좌를 통해 모인 뒤 환전돼 외화로 송금되는 구조를 띤 것으로 전해졌습니다. 금감원은 해당 은행에서 외국환업무 취급과 자금세탁방지업무 관련 준수 사항을 제대로 이행했는지 집중적으로 점검하였습니다. 가령 외국환거래법상 증빙 서류를 확인하지 않고 송금을 했는지, 「특정금융거래정보법」상 고객 확인 의무를 제대로 이행했는지, 자금 세탁행위 의심 거래 및 고액 현금 거래에 대해 금융정보분석원에 보고했는지 여부 등을 중점적으로 검토한 것으로 확인됩니다. 금감원에 따른 「외국환거래법」 주요 점검 사항은 1) 외환지급·수령 거래 취급 시 은행이 법상 거래 당사자의 신고 의무가 있는 거래(제3자 지급 등)인지를 확인하였는지 여부, 2) 외환지급·수령 거래 취급시 은행이 외환거래 입증서류를 제출받아 제대로 확인하였는지 여부 등 입니다. 「특정금융거래정보법」 주요 점검 사항은 1) 신규 고객 등에 대해 은행이 고객의 신원에 관한 사항을 제대로 확인하였는지 여부(CDD), 2)자금세탁행위가 의심되는 거래에 대해 금융저보분석원에 보고하였는지 여부(STR), 3)고액의 현금거래에 대해 은행이 금융정보분석원에 보고하였는지 여부(CTR) 등 입니다. 「특정 금융거래정보의 보고 및 이용 등에 관한 법률」에서는 가상자산사업자를 가상자산의 "매도· 매수, 교환·이전, 보관·관리, 중개·알선 등"의 영업을 하는 자로 규정하면서 대통령령으로 정하는 바에 따라 법에서 정한 사항을 금융정보분석원장에게 신고하여야 한다고 규정하고 있습니다. 이번 점검을 시작으로 금감원 및 은행 등 관련 업계에서 향후 보다 정밀하게 확인이 진행될 것으로 예상되는 바, 외화송금, 특금법 관련 사업 진행 전 외국환거래법 및 특금법 위반하지 않도록 각별히 주의가 필요할 것으로 보입니다. 이렇게 복합적인 법률이 적용되거나 복잡한 절차를 규정하고 있는 경우에는 관련 당국에서 이해를 돕기 위해 관련 가이드라인을 배포하고 있으나, 기업입장에서는 「외국환거래법」 에서 정한 절차를 준수하였는지, 「특정금융거래정보법」에 해당하는 가상자산사업자 신고 대상인지 파악이 쉽지 않습니다. 법무법인 비트는 'IT'와 '법률'을 동시에 이해하고 있는 'IT 특화' 법인으로, 가상자산에 대한 높은 이해도와 외국환 거래에 대하여 수많은 기업에 자문드린 경험을 바탕으로 「외국환거래법」 및 「특정 금융거래정보의 보고 및 이용 등에 관한 법률」을 준수하여 안전하게 사업 운영하실 수 있도록 필요한 자료 및 절차를 파악하여 신고 대리까지 원스톱으로 진행하고 있습니다. 외국환거래신고, 해외직접투자신고 또는 외국환 거래법 관련 법률 자문이 필요하시다면 법무법인 비트의 해외투자신고센터를 통하여 문의 접수하여 주시면 신속히 안내드릴 수 있도록 하겠습니다. 감사합니다. 법무법인 비트 드림
[Consultation] Regarding the preparation of foreign exchange transaction reports and convertible note investment contracts.
Law firm Veat carried out all aspects of work, including drafting convertible note investment agreements and acting as a foreign exchange transaction reporting agent, during the process in which a foreign venture capital A invested convertible notes in Korean startups. Law firm Veat provided legal advice to ensure the successful completion of this investment, from reviewing the 7T summit to drafting the investment agreement and handling related foreign exchange transactions. Notably, a convertible note is a short-term bond that can be converted into stock in the future, and is primarily used as a fundraising tool for startups in the seed investment stage. Because convertible notes may not be interpreted as securities issued by domestic corporations, detailed legal reviews are essential to consider the relevant factors. Based on its experience providing legal advice to numerous startups in the seed investment stage, Law firm Veat possesses expertise regarding the factors to consider when investing in convertible notes. Please feel free to contact Law firm Veat anytime if you are considering convertible note investment methods. Thank you. Law firm Veat
[Law firm Veat] Launched “TIP (Technology. Intellectual Property) Team” strengthened in copyright and intellectual property field.
The news of “TIP (Technology.Intellectual Property) Team” at Law firm Veat has been reported in the media as follows: Related media news can be found via the links below: If you need assistance with copyright/intellectual property matters, please feel free to contact Law firm Veat at any time. Lawtimes: Strengthening ‘TIP Team’ in the Copyright · Intellectual Property Field LegalTimes: Law firm Veat Launches ‘TIP Team’ to Strengthen IP Services Including Copyright Hankyeong Business: Law firm Veat Launches ‘TIP Team’ for Dedicated Copyright · Intellectual Property Venture Capital Association V-ON: Law firm Veat Strengthens Copyright · Intellectual Property in the ‘TIP Team’ Platum: Law firm Veat Strengthens Copyright · Intellectual Property in the ‘TIP Team’ Thank you.
Law firm Veat, ‘ALB Korea Law Award 2022’ Korea Deal Firm / Boutique Law Firm Category Finalist selected.
Law firm Veat was selected as a Finalist in two categories at the ALB Korea Law Awards 2022, hosted by Asian Legal Business for “Korea Deal Firm of the Year” and “Boutique Law Firm of the Year”. The ALB Korea Law Award, celebrating its 10th anniversary, is a prestigious award hosted by Asian Legal Business, a subsidiary of the global media group Thomson Reuters. It selects outstanding law firms with excellent performance in various categories, including “Korea Deal Firm of the Year” (deal performance), and presents awards. Law firm Veat was recognized for its excellence as a Finalist in the “Korea Deal Firm of the Year” and “Boutique Law Firm of the Year” categories, showcasing its prominence in these fields. Law firm Veat provides timely and efficient counsel, similar to in-house lawyers, throughout the process of operating a company, receiving satisfactory feedback from clients, and successfully leading numerous deals even in challenging investment environments. As a leading boutique law firm in future/technology fields such as IT, intellectual property, and regulatory sandbox, it is actively leading the legal market. The tenacity shown by Law firm Veat at the ALB Korea Law Awards can be confirmed through various case studies performed by Law firm Veat. ALB Korea Law Awards 2022 for more detailed information, please refer to the link. Thank you.
[Dong-a Ilbo] An Il-won Attorney Interview, Today's “Kakao Blackout” Parliamentary Hearing… Kim Beom-su and Lee Hae-jin to Appear as Witnesses Side-by-Side
Law firm Veat conducted an interview with partner attorney An Il-won regarding the legal responsibility of Kakao concerning the Dongae Ilbo and Kakao "Blackout" incident. You can verify the original article at this link. Partner attorney An Il-won graduated from the Department of Computer Science at Yonsei University and worked as Head of the Search Development Center at Naver Corporation. He also conducted research and development on document ranking systems (search engine ranking systems) and distributed databases. He also achieved 7th place (silver prize) in the Korean regional finals of the ACM-ICPC, the world’s largest and most prestigious collegiate programming competition. Furthermore, he is an active member of the Open Source Software License Expert Community of the Korea Copyright Committee, demonstrating a strong technical understanding of software and intellectual property, which he utilizes to resolve legal issues. If you need legal advice related to IT technology-based services, please feel free to contact Law firm Veat at any time. Thank you. Law firm Veat
[Law firm Veat] Launched ‘TIP (Technology.Intellectual Property) Team’ with strengthened capabilities in copyright and intellectual property rights.
Law firm Veat has launched a TIP (Technology.Intellectual Property) team spearheaded by attorney Oh Sejong to provide enhanced services in the copyright and intellectual property field. With the Fourth Industrial Revolution and the explosive growth of the contactless industry due to the COVID-19 pandemic, the number of legal issues related to copyright and intellectual property has increased, and Law Firm Veat has launched the TIP (Technology.Intellectual Property) team led by attorney Oh Sejong to help companies with various legal issues and dispute resolution related to copyright and intellectual property. Attorney Oh Sejong, who leads the TIP (Technology.Intellectual Property) team of Law Firm Veat, began his career as a judge at the Seoul High Prosecutors Office in 1987, followed by positions at the Seoul High Court’s Eastern and Western Divisions, the Changchun High Court’s Gangneung Branch, and the Seoul High Court. He served as a professor of intellectual property law, trademark law, and copyright law at the 1997 Judicial Training Center and has held positions such as Commissioner of the Intellectual Property Dispute Mediation Committee of the Ministry of Knowledge Economy, Specialist Advisor to the Communications Commission, Member of the Personal Information Protection Committee, Chairman of the Korean Copyright Commission, and Chairman of the Korean Copyright Law Association. In addition to these positions, the team also includes attorneys An Il-won, who is currently actively involved with the Korean Copyright Commission’s Community Division and a developer at an N company, and Jeong Yong-hwan, who has extensive experience in ICT sandbox and proof-of-concept service legal consulting. They are young and capable attorneys with an IT technology and engineering base, and are key members of the TIP team. The TIP team provides legal services related to copyright and intellectual property in areas such as IT & software, NFT (Non-Fungible Token), metaverse, and games, focusing on future technologies and new industries, as well as ICT and legal issues and dispute resolution. In addition, it provides tailored legal advice and swift and effective legal response, based on understanding domestic and international regulations related to copyright and intellectual property. Law Firm Veat will do its best to provide specialized and effective legal services to clients in the copyright and intellectual property field, using its unique TIP, built upon experience in the field, to resolve legal issues and disputes for clients in the copyright and intellectual property field, more professionally and effectively than any other law firm. Thank you. Law firm Veat dream.
[Consulting] Food commerce and logistics startups, draft of advertising agency agreement.
Law firm Veat received a request from A, a food commerce and logistics startup, and conducted a legal review of the advertising agency agreement regarding the agreement from the principal's perspective. A, a food commerce and logistics startup, requested Law firm Veat to conduct a legal review of the advertising agency agreement regarding the agreement in advance of the advertising contract request. Law firm Veat thoroughly reviewed the advertising agency agreement from A’s perspective, identifying clauses that were extremely unfavorable and could be interpreted ambiguously, and we provided detailed guidance on modifying these clauses. Notably, in this advertising agency agreement, there were clauses that were extremely unfavorable from the client’s perspective, such as provisions where the entrusted party unilaterally determined the cost, manpower, and period of work, or reduced the number of deployed personnel. Therefore, a legal review and modification were essential for this contract. In the case of the advertising agency agreement, it is important to clearly define the scope of work and the obligations and rights of both parties to prevent disputes arising from subjective judgments, and it is necessary to make clear agreements in advance regarding clauses related to the copyrights and intellectual property of the created advertisements. Law firm Veat, based on its diverse experience in reviewing contracts such as advertising agency agreements, examines and modifies clauses that are unfavorable or have the potential to cause future disputes from the client’s perspective. If you need legal advice during the operation of startups, including advertising agency agreements, please contact Law firm Veat. Thank you. Law firm Veat
[Law firm Veat] DSC Investment x Schmitt x Samsung Securities Hosted, Stock Option Lecture Held for C-level Startups
Law firm Veat’s CEO Attorney, Seongho Choi, and Partner Attorney, Anil Moon, held a seminar with the theme of ‘Talent Recruitment & Retention Strategy through Stock Options’ which was hosted by DSC Investment, Schmidt, and Samsung Securities. During the seminar, they presented their practical experience and know-how related to stock options. Law firm Veat recently held three seminars on the theme of ‘Talent Recruitment & Retention Strategy through Stock Options’ with DSC Investment, Schmidt, and Samsung Securities. During these seminars, there was a participation of more than 60 C-level investment funding companies’ executive members. 1st Seminar : August 25, 2022, 2:00 PM 2nd Seminar : August 30, 2022, 2:00 PM 3rd Seminar : September 6, 2022, 4:00 PM Law firm Veat’s CEO Attorney, Seongho Choi, and Attorney, Anil Moon, were invited to the seminar and delivered a lecture on the legal content and stock option design that C-level investment funding companies’ executives should know in order to grant stock options. Law firm Veat provides professional lectures based on its practical experience and know-how related to legal issues that companies and startups inevitably need to consider during their growth process, such as stock options (stock purchase options). Thank you. Law firm Veat.
[202209] Monthly Veat 9th Issue_Regarding matters of providing personal information listed in small print, could you be punished?
Law firm Veat https://stibee.com/api/v1.0/emails/share/StVJBaLf4OhhSYdCxm3dk0FjDv9jbkM=
[Law firm Veat] Partner Attorney Yongyeong Song conducted an invited lecture on the 2022 Vietnam ICT Policy Process.
Law firm Veat’s 송도영 Partner Attorney conducted a lecture on the post-management system for the regulatory sandbox awarded to Vietnamese civil servants at the ICT policy course held this month. Organized by the Information and Communication Industry Promotion Agency, this invitation-only lecture was held to strengthen the capabilities of developing countries and support overseas expansion of domestic companies through education and business meetings for ICT policy experts targeting managers and practitioners in the Vietnamese ICT sector. We delivered lectures on Korean ICT-related laws, ICT field tours, and Korean cultural experiences to transfer our expertise in the enactment of relevant laws and policy development in Korea. Notably, we focused on Korea’s strengths in ICT government policy development, including laws and ICT technology trends, and maximized the educational effectiveness of the trainees through program connections, such as ICT field experience and Korean cultural experiences. Law firm Veat’s 송도영 Partner Attorney conducted a lecture on the post-management system for the regulatory sandbox, based on practical experience conducting regulatory sandbox consulting, ICT regulatory sandbox consultation center legal consulting project. Meanwhile, Law firm Veat’s 송도영 Partner Attorney directly operated the one-stop ICT regulatory sandbox center booth at the 2022 Korea 4th Industrial Revolution Festival, conducting consultations on the overall ICT regulatory sandbox system and providing consultations on ICT new technologies and services and eligibility for use, thus enhancing their expertise in the related field. Thank you.