World Watch/South Korea/Starting a Business

Starting a Business · South Korea

Starting a business in South Korea: foreigner's guide (2026)

EasyForeign Investment Promotion Act (FIPA) and its Enforcement Decree, administered by the Ministry of Trade, Industry and Energy (MOTIE) and facilitated by KOTRA/InvestKOREA; company formation governed by the Commercial Act.Country index 86 · A

South Korea shaded by its starting a business status

South Korea broadly permits foreign investment without restrictions: 100% foreign ownership is allowed in the large majority of sectors, and a foreigner forms a company through largely the same process as a Korean plus two extra steps (foreign investment notification and foreign-invested company registration). The process is well-documented, government-facilitated, and typically completes in about two to four weeks, though FDI screening is becoming more security-focused for sensitive sectors.

Key points

Foreign ownership broadly open

FDI is permitted in 1,144 business categories with 100% foreign ownership generally allowed. Only 61 categories are fully closed (e.g., public administration, defense), 30 have shareholding-ratio caps, and three are prohibited (nuclear power, radio and terrestrial TV broadcasting).

Setup steps for a foreigner

Compared with a Korean incorporation, a foreigner adds two steps. The full sequence is: (1) foreign investment notification (to a domestic foreign-exchange bank or KOTRA), (2) remittance of investment funds, (3) registration of incorporation and business registration, and (4) registration of the foreign-invested company.

Minimum investment threshold (FDI status)

To qualify as a foreign-invested company under FIPA, a foreigner must invest at least KRW 100 million and acquire 10% or more of voting shares (or the right to appoint executives). Below this, a foreigner can still form an ordinary local company with no statutory minimum capital, but without FDI status/incentives.

Typical timeline

Incorporation of a foreign-invested company generally takes around two to four weeks once documentation is in order, covering notification, fund remittance, incorporation/business registration and FDI registration.

Common entity form

Foreign investors most often establish a stock company (Chusik Hoesa), the standard limited-liability corporate vehicle; alternatives include establishing a domestic branch or liaison office under the Foreign Exchange Transaction Act.

Tightening security screening

Korea is moving toward a more security-focused FDI regime, with proposed FIPA amendments and longer screening processes for sensitive/strategic sectors, meaning some investments now require proactive regulatory planning even though the baseline regime remains liberal.

Timeline - major decisions & events

Jan 1, 2026law
Startup Eligibility Expanded Retroactively via Enforcement Decree Amendment

Cabinet approved a partial amendment to the Enforcement Decree of the Support for Small and Medium Enterprise Establishment Act, allowing companies initially excluded from startup status to gain recognition if the disqualifying condition is resolved within seven years of incorporation. This broadens access to public startup-support programs for a wider range of early-stage companies.

KoreaTechDesk
Jul 22, 2025law
National Assembly Passes Landmark Commercial Code Governance Reform

Passed by the National Assembly on 3 July 2025 and proclaimed on 22 July, the amendments extend directors' duty of loyalty expressly to shareholders, raise independent-director requirements to one-third of the board for listed companies, and mandate hybrid (virtual + in-person) shareholder meetings for large firms from 2027—improving transparency for all companies including new entrants.

Bloomberg
Mar 1, 2025guidanceofficial
K-Tech Pass Launched: Fast-Track Entry for Foreign Founders and Tech Talent

The Ministry of SMEs and Startups introduced the K-Tech Pass, a streamlined visa and residency scheme for foreign professionals in AI, robotics, and advanced manufacturing. It materially lowers the administrative barrier for international entrepreneurs to establish and co-found companies in South Korea.

Ministry of SMEs and Startups (MSS)
Aug 1, 2024decision
Foreign Investor Business Registration Procedures Simplified

South Korea eased inbound investment regulations by simplifying entity-registration procedures for foreign investors and extending stock-exchange trading hours to improve market liquidity. The reforms reduce friction for foreign-owned startups establishing local corporate entities.

U.S. Department of State – 2024 Investment Climate Statement: South Korea
Aug 30, 2023guidanceofficial
'Startup Korea' Comprehensive National Strategy Announced

The Ministry of SMEs and Startups unveiled 'Startup Korea,' a mid-to-long-term national blueprint targeting a KRW 10 trillion global co-investment fund by 2024, simplified immigration pathways for foreign entrepreneurs, and regional angel-investment hubs. It signals Korea's formal ambition to become a world-leading startup nation.

Ministry of SMEs and Startups (MSS)
Jul 1, 2017decision
Ministry of SMEs and Startups Established as Full Cabinet Ministry

President Moon Jae-in's government elevated the Small and Medium Business Administration to a dedicated cabinet-level Ministry of SMEs and Startups (MSS), centralising startup policy, public venture funds, and regulatory streamlining under one roof and giving the sector direct representation in government.

Wikipedia – Ministry of SMEs and Startups
Jan 1, 2016guidance
K-Startup Grand Challenge Launched for Foreign Startups

NIPA and the government launched the K-Startup Grand Challenge—Asia's first all-expenses-paid government accelerator for overseas startups—providing 40 foreign teams per cohort with incorporation support, mentoring, and seed funding to establish operations in South Korea, directly lowering the practical barrier for foreign founders.

Wikipedia – K-Startup Grand Challenge
Apr 1, 2012law
Commercial Act Amended: US-Style LLC (Yuhan Chaegim Hoesa) Introduced

Commercial Code amendments effective April 2012 added the Yuhan Chaegim Hoesa, a flexible LLC modelled on U.S. LLCs that requires no formal board of directors, allows pass-through-style structuring, and grants founders greater management autonomy—reducing incorporation complexity and cost for small technology and professional-services ventures.

The Korean Law Blog (IPG Legal)
Jan 1, 2009law
Minimum Capital Requirements Abolished for All Company Types

A Commercial Act amendment scrapped the KRW 50 million capital floor for joint-stock companies (Chusik Hoesa) and the KRW 10 million floor for limited companies (Yuhan Hoesa); companies can now incorporate with as little as KRW 100. This single change was one of the most significant reductions in the cost of starting a business in Korea's modern history.

Haeon Tax & Accounting CPA Korea
Sep 16, 1998lawofficial
Foreign Investment Promotion Act Enacted (Act No. 5559)

Enacted in the immediate aftermath of the 1997 IMF crisis, this act replaced the restrictive pre-approval regime with a notification-based system; it simplified procedures for foreign entrepreneurs to register entities, introduced expanded tax incentives for high-technology investment, and established KOTRA as a one-stop foreign-investor support agency.

Korea Legislation Research Institute (KLRI) – elaw.klri.re.kr
Oct 1, 1997lawofficial
Venture Business Act Enacted (Act No. 5381)

Passed on 28 August 1997 and effective 1 October 1997, this act created a certified 'venture business' category for R&D-intensive SMEs, granting certified firms preferential access to venture capital, tax relief, and government procurement. It catalysed Korea's first startup boom and spawned companies such as Naver and NCSoft.

Korea Legislation Research Institute (KLRI) – elaw.klri.re.kr

South Korea - other topics

Last verified 5/23/2026 · Orientation, not legal advice - verify against the primary sources linked above. Explore the full world map →