| The usual
method of operation is depletion of the cash reserves into hidden accounts
and assets, such as property. The company operates on cash flow
until there is a downturn. A corporate president may become extremely
upset over minor cash flow disruptions. He cannot reveal his hidden
assets and cash, but must still pay bills and wages. Then, loans
are sot from friendly bankers to make up for the deficit.
The bankers
never qualify their clients. Most loans are made on the basis
of friendship and family connections. The loans are rarely, if ever,
secured loans. Occasionally, the corporate assets are used as security.
Since the corporations are frequently in debt in excess of their value
and the real wealth has been spirited away, these loans can never be repaid.
Since OEM
(Original Equipment Manufacturer) deals with foreigners are the most common
in Korea, we will start with one example of how things might work.
Suppose that an American company has developed a technology and manufactures
it. They become interested in a Korean company for production to
reduce labor and other related costs. An interested Korean will open
negotiations. The Korean government may give the Korean businessman
a factory apartment, including utilities, for free for a limited time.
Or, the Korean government may give the Korean businessman a loan that does
not have to be repaid under a certain set of conditions. To the American,
the Korean has an on going business in a small factory. It cost the
Korean businessman nothing to set up. The American company gives
the Korean businessman 40% of the price of the contract to purchase parts
and materials.
Now, things
start to get interesting. The contract may only be for two years,
at which time it must be renewed. The Korean company completes delivery
of the products. After one year, there is a large amount of money
on the "investor" set of books. With this in hand, he gets
his friends to invest. With the additional cash, he runs down to
the bank and gets a large loan from his local banker family friend.
All of the money just evaporates. Now, the cash flow from product
shipments to the US is only covering wages and loan interest.
The second
year ends and it is time for contract renewal. The Korean company
is having financial problems at this point. So, they raise the price
on the contract. The Americans agree. The same process repeats
itself for the next two years to the immense enrichment of the company
owner and his family. But the next time it happens, the Americans
back away and take their business to China. Now, the company is bankrupt.
The bank has a bad debt and the stockholders may have incurred some liability
for the loans. Everyone loses except the company owner and his family.
He may drink and cry in public, but he is only unhappy that the cycle did
not repeat again. If you were a stockholder, you may be interested
in where all of the money went. You will never find out. This
is one reason why corporate bankruptcies are very common.
Another
example is the medical company that bought a hospital in Korea.
The deal was for cash. Once the transaction was completed, the party
selling the hospital opens a new hospital across the street. All
of the doctors and hospital staff move across the street. Since the
Koreans are very loyal and respectful of their physicians, they move across
the street as well. Now, the medical company has an empty building
with no staff. One might think that new staff and physicians could
be hired and the patronage of the old patients renewed. The patient's
loyalty to their doctors will prevail. No new patients ever appeared.
The entire investment was lost.
A Korean
business man spent four years developing a relationship with a Malaysian.
The Malaysian finally agrees to a joint venture in Malaysia. But,
he wants a contract with guarantees in the event of breach. He also
wants to use modern accounting methods and have a means to keep track of
the money. The Korean backs away making lame excuses. The real
reason is that he did not want anything in writing, especially a contract.
His remark was, "You must understand the Korean way. This is how
we do business in Korea. You don't trust me." He openly
displayed insult over the Malaysian distrust. It was an affront to
his honor and reputation. Actually, he would have disappeared all
of the cash and the Malaysian was smart enough to know what the Korean
was about. The deal never happened for good reason.
During the
last economic crisis in Korea, Hyundai received a loan from the IMF.
One of the conditions was that Hyundai use modern accounting methods
and that the banks involved exercise modern loan qualifications.
Hyundai agreed to all of the demands and conditions of the IMF loan.
Then, it was business as usual. Hyundai is on the rocks again and
one of the major American motor manufacturers withdrew. The pit is
bigger and deeper than ever before, with the assistance of IMF money.
Don't even
think about investing in a Korean Internet company. There is
only Korean software in Korea. If there is no Korean version of an
application or Internet development tool, it does no exist in Korea.
Except for some government agencies and large multinational corporations,
there are very few bilingual web sites. They say you must learn Korean,
if you want to see their web sites. When asked if they are interested
in international business and exposure, they express their self-sufficiency.
The vast majority of Korean web sites are built by hand with a text editor
or modified copies of code taken off of the Internet. Starting your
own company and doing it your way will result in problems with the government
due to competition with government owned communication systems and government
owned Internet construction companies, such as Kornet. If AT&T
can get burned, you probably can too. If the locals don't take your
money, the government will.
There is
a famous story in Korea about a Korean businessman who fell into disfavor
with the chaebels. He was found to be too competitive with one
of the major chaebels. His company was heavily cutting into the profits
of one of their monopolies. The government went after him and
his business, tooth and nail. After much scandal and notoriety, it
was discovered that he had registered the company as a foreign entity incorporated
in Hong Kong. Due to international complications that corporate seizure
would have precipitated, he became untouchable. As the story goes,
if the Korean government had expelled the company from Korea without the
ability to seize the assets, it would have destabilized the economy.
If they can do this to one of their own, consider what they can do to you.
Deals that
would be called "Bad Faith" or fraud in the West, are very common
in Korea. Remember, you are a foreigner. They do not see it
as unethical.
If you start
your own company in Korea, follow these rules:
1) Do not allow
majority stock ownership by Koreans.
2) Do not
appear to compete with government owned monopolies.
3) Do not
compete with any of the major corporations (chaebels).
4) Do not
make complicated financial entanglements with Korean banks.
5) Do not
allow them to understand your technology.
6) Do not
give them access to client lists and marketing data.
7) Do not
share technical documents.
8) Do not
sign your name on any piece of paper that is not a legal contract.
Can you
conduct business in Korea? Yes. But, you must go through
KOTRA. They will help to keep things above board. Contracts
will be difficult to negotiate. Disputes will probably arise for
which KOTRA is prepared. They will help you to keep from getting
skinned. Maintain majority stock ownership. And, keep any sensitive
documents out of the country or hidden and locked. If you are going
into a product area where one of the chaebels or their associates is already
engaged, get them involved as a minority stockholder. Always involve
your embassy in any deal. KOTRA is equipped to deal with it.
And, you must maintain on site control. You cannot just come back
once every six months to see how things are going.
Many of
the new international business laws in Korea have changed in favor of foreign
investors by pressure from the IMF. This is where KOTRA comes
into play. They will definitely help to keep an even playing field.
But, you must keep your eyes open to avoid the pitfalls, even then.
But, whatever you do, do not invest in a chaebel. You would be better
off donating your money to a reputable charity.
You have two
choices. One is a joint venture Western style, and follow the rules
listed above. Go through your embassy and KOTRA or forget it.
The other is to register as a foreign entity. You must still get
your embassy and KOTRA involved to protect yourself.
One saving
grace is that many of the young people have been educated in the West.
They are fully aware of the problems and understand modern fiscal practices.
Once they begin to take over control from their relatives, the business
climate can be expected to change for the better. However, you may
trust human behavior to gravitate toward conditions of power and control.
Abuse is a repeating cycle in any culture.
The Korean
way is a very old way. It is predicated upon preserving the Korean
traditional values and their old feudalistic and Confucian hierarchy.
It is a Plutocracy. It is a classic example of Power and Control.
Many of the young people openly demonstrate against it and are dealt with
harshly. The majority of Korean people know what is going on, and
guardedly express disgust with the chaebels. They all know that democracy
in Korea is a facade. My recommendation is, if you are not a professional
that understands Korean culture, do not get involved. The Koreans
are a very proud people. Be careful not to insult them with your
understanding of reality. |