Starting a Restaurant in Korea: A Comprehensive Guide

Embarking on the exciting journey of opening a restaurant in Korea offers a unique experience in a country renowned for its rich and diverse food culture. This detailed guide outlines the essential steps to successfully navigate the establishment process and set up a restaurant in this vibrant culinary landscape, blending traditional Korean dishes with international flavors.

1. Choosing a Business Structure

In South Korea, restaurants typically choose between a Limited Liability Company (LLC) and a Joint Stock Company (JSC). The LLC, or Yuhan Hoesa, is ideal for small to medium-sized businesses due to its simplicity and flexibility. Conversely, the JSC, or Chusik Hoesa, is preferred by larger enterprises with more complex management needs. Consider long-term goals, operational scale, financial requirements, and corporate governance preferences when deciding. Note that sole proprietorships or partnerships may not be suitable for foreign investors due to various restrictions.

2. Securing a Business Name

Choosing a business name is a crucial first step. File an application with the Korean Intellectual Property Office, selecting a unique name that complies with guidelines and reflects your business identity. This exclusivity protects the chosen name during the incorporation process, contributing to your restaurant's distinct brand image.

3. Transferring Overseas Investment Capital

Foreign investment capital can be transferred through banks or customs with the necessary documentation. Open a foreign currency account to convert the remitted capital into Korean currency. Banks may require notarized copies of relevant documents.

4. Declaring Foreign Investment

Foreign investors or their representatives must notify the appropriate authorities, such as KOTRA or designated banks, by submitting the required documents. Individual investors need to verify their nationality, while corporate investors must provide a certificate of incorporation. A power of attorney is needed for proxy notifications.

5. Business Registration and Company Enrollment

Complete the incorporation registration by submitting the necessary documents to the local court registry office or online. Register your restaurant with the local tax office within 20 days, providing additional details about its location, size, and projected income.

6. Formation and Registration of a Foreign-Invested Company

Start the process of forming and registering a foreign-invested company at the location where the foreign investment notification was filed, within 30 days of completing the capital payment. Required documents include an application form, a verified copy of corporate registration, and a shareholder ledger.

7. Opening a Business Account

After formal establishment, set up a bank account for financial transactions. Typically, required documents include a business registration certificate, a certificate of seal impression, and personal identification verification.

8. Enrolling with the Korean Tax Authority

Register your restaurant with the Korea Tax Authority to comply with tax regulations. Submit necessary documents, including the business registration certificate and personal identification proof.

9. Acquiring a D-8 Visa

For international investors, obtaining a D-8 (business investment) visa is essential during the establishment phase. Applications can be submitted at the Investment Consulting Center of KOTRA, immigration offices in the relevant jurisdiction, or Korean consulate generals abroad (excluding Chinese nationals). Required documents include copies of the finalized foreign investment notification, the newly issued foreign-invested company registration certificate, corporate or business registry certification, dispatch order or employment certification, passport, and the visa application form.

10. Launching Business Operations

After completing all necessary procedures, officially open your restaurant. Focus on delivering high-quality food and excellent service to build a positive reputation.

Conclusion

Establishing a restaurant in South Korea is a detailed process requiring careful attention to legal, financial, and operational aspects. Choosing the right business structure, securing a business name, transferring investment capital, notifying foreign investment authorities, and navigating incorporation and registration complexities are all crucial steps. These measures ensure compliance with South Korean regulations and a successful entry into the dynamic culinary scene.

Pearson & Partners, a consulting firm specializing in market expansion into Korea, offers comprehensive support for restaurant formation. Our experienced professionals provide tailored guidance in incorporation and tax accounting services, ensuring legal compliance and strategic decision-making aligned with the unique challenges of the South Korean market. Trust Pearson & Partners for a smooth and successful venture into South Korea's culinary landscape. Contact us to embark on your journey with confidence.