M&A in Korea: Why Financial (FDD) and Legal (LDD) Due Diligence Are Crucial for Deal Success
Updated 2025.11.22
M&A in Korea: Why Financial (FDD) and Legal (LDD) Due Diligence Are Crucial for Deal Success
Updated 2025.11.22
Entering the Korean market through M&A or acquiring a local partner is a strategic move for global expansion. However, what looks like a profitable company on the surface may hide significant risks underneath.
In Korea, where business practices and regulations can be unique and complex, Due Diligence is not just a formality—it is your safety net.
Here is a breakdown of FDD and LDD, and why they matter specifically in the Korean business environment.
Financial Due Diligence is about verifying the target company's financial health. It goes beyond simply checking the balance sheet; it analyzes the Quality of Earnings (QoE).
Why it matters in Korea:
Severance Pay Liabilities: Unlike many Western countries, Korea has a mandatory severance pay system (Toe-jik-geum) for all employees working over a year. This is often a massive, under-recorded liability in smaller firms.
Related-Party Transactions: Many Korean SMEs have complex transaction structures with the owner’s family or other related entities. FDD uncovers whether the reported profit is sustainable without these special relationships.
Hidden Debts: We verify off-balance-sheet liabilities that could surprise you after the deal closes.
Legal Due Diligence examines the legal status of the company, its contracts, and its compliance with Korean laws.
Why it matters in Korea:
Strict Labor Laws: Korea has some of the strictest labor protection laws in the world. Dismissing employees is difficult and costly. LDD identifies any potential labor disputes or non-compliance issues.
Government Permits & Licenses: We verify if all necessary business licenses are valid and transferable upon change of ownership.
Change of Control Clauses: We review key contracts with major clients (often Chaebols) to ensure the deal won’t trigger a termination of the business relationship.
Often, financial and legal risks are intertwined. A tax issue (FDD) can lead to a legal penalty (LDD), and a labor dispute (LDD) results in a financial loss (FDD).
At Star Tax & Legal, our CPAs and Attorneys work together under one roof. We don't just hand you two separate reports; we provide a comprehensive risk assessment that helps you:
Negotiate a better price based on identified risks.
Structure the deal to minimize tax impact.
Plan for PMI (Post-Merger Integration) effectively.
Ready to invest in Korea? Don't rely on guesswork. Contact Star Tax & Legal today for a professional Due Diligence consultation.