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	<title>Comments on: Blowing the Whistle</title>
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	<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/</link>
	<description>Korea... in Blog Format</description>
	<pubDate>Sat, 30 Aug 2008 13:27:23 +0000</pubDate>
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		<title>By: SomeguyinKorea</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120899</link>
		<dc:creator>SomeguyinKorea</dc:creator>
		<pubDate>Sun, 02 Dec 2007 05:52:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120899</guid>
		<description>#10,

I'm not worried. I'm buying more stocks on Monday to take advantage of the mini-collapse of last week and the pre-election jitters.</description>
		<content:encoded><![CDATA[<p>#10,</p>
<p>I&#8217;m not worried. I&#8217;m buying more stocks on Monday to take advantage of the mini-collapse of last week and the pre-election jitters.</p>
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		<title>By: TomCoyner</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120646</link>
		<dc:creator>TomCoyner</dc:creator>
		<pubDate>Sat, 01 Dec 2007 01:26:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120646</guid>
		<description>As I much I respect Pesek, on this one he just doesn’t get it.  Samsung is no Enron, just as the ROK is no USA.  The Samsung whistleblower is highly unlikely to go down in history as a Time person of the year - or anything remotely similar.  Rather, after sucking up a large personal fortune, our “saw the Light Korean” has chosen to come clean just weeks before an especially pivotal presidential election.

Anyway, while the official ratings knock Korea down the international pecking order a few notches when it comes to corruption, those of us working here know the overall reality does not flux as much as NGO ratings may suggest  It’s just more insidious, dirty Korean politics in operation yet one more time.

 In spite of the overall size of the Korean economy and the individual chaebols, Korean companies and their surrounding economy remain stifled in a sort of commercial adolescence.  The chaebol refuse to grow up, as they try to hang on to past practices commonly found within developing economies.  

I respect what the Prosecutor's Office is often trying to do on behalf of the economy, but in the end I suspect macro economic forces ultimately force companies and their governments to come to age by forcing, for example, the chaebols to manage through greater transparency that will lead them, as a survival strategy, to be more efficient and competitive on the world stage.  In a more mature environment, even the Enrons are ultimately disciplined.

At the same time, the Government needs to consistently enforce appropriate laws and regulations.  There needs to be an ongoing review of the current laws to ensure that they are reasonable and not responsible by their nature to encourage poor compliance by the business community.  In other words, Korea needs well legislated laws that encourage competitive business practices by companies with consistent and, when appropriate, strict enforcement of these laws by the Prosecutor's Office.  

Until then, judges will need to act, as we have seen in the past, by accommodating misbehavior in open recognition of the need to protect society's overall wellbeing, while tacitly acknowledging that many of the laws and regulations are impractical.  All of which in turn, encourages continuing corporate misbehaviors as we see being uncovered with Samsung today and someone else tomorrow.</description>
		<content:encoded><![CDATA[<p>As I much I respect Pesek, on this one he just doesn’t get it.  Samsung is no Enron, just as the ROK is no USA.  The Samsung whistleblower is highly unlikely to go down in history as a Time person of the year - or anything remotely similar.  Rather, after sucking up a large personal fortune, our “saw the Light Korean” has chosen to come clean just weeks before an especially pivotal presidential election.</p>
<p>Anyway, while the official ratings knock Korea down the international pecking order a few notches when it comes to corruption, those of us working here know the overall reality does not flux as much as NGO ratings may suggest  It’s just more insidious, dirty Korean politics in operation yet one more time.</p>
<p> In spite of the overall size of the Korean economy and the individual chaebols, Korean companies and their surrounding economy remain stifled in a sort of commercial adolescence.  The chaebol refuse to grow up, as they try to hang on to past practices commonly found within developing economies.  </p>
<p>I respect what the Prosecutor&#8217;s Office is often trying to do on behalf of the economy, but in the end I suspect macro economic forces ultimately force companies and their governments to come to age by forcing, for example, the chaebols to manage through greater transparency that will lead them, as a survival strategy, to be more efficient and competitive on the world stage.  In a more mature environment, even the Enrons are ultimately disciplined.</p>
<p>At the same time, the Government needs to consistently enforce appropriate laws and regulations.  There needs to be an ongoing review of the current laws to ensure that they are reasonable and not responsible by their nature to encourage poor compliance by the business community.  In other words, Korea needs well legislated laws that encourage competitive business practices by companies with consistent and, when appropriate, strict enforcement of these laws by the Prosecutor&#8217;s Office.  </p>
<p>Until then, judges will need to act, as we have seen in the past, by accommodating misbehavior in open recognition of the need to protect society&#8217;s overall wellbeing, while tacitly acknowledging that many of the laws and regulations are impractical.  All of which in turn, encourages continuing corporate misbehaviors as we see being uncovered with Samsung today and someone else tomorrow.</p>
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		<title>By: Left Flank &#187; Blog Archive &#187; Can You Keep a Secret?</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120533</link>
		<dc:creator>Left Flank &#187; Blog Archive &#187; Can You Keep a Secret?</dc:creator>
		<pubDate>Fri, 30 Nov 2007 13:13:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120533</guid>
		<description>[...] another solution, but doesn&#8217;t take a good point about legal rights for whistleblowers (via TMH) far enough. ROK needs to evolve from a republic by laws into a republic of [...]</description>
		<content:encoded><![CDATA[<p>[...] another solution, but doesn&#8217;t take a good point about legal rights for whistleblowers (via TMH) far enough. ROK needs to evolve from a republic by laws into a republic of [...]</p>
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		<title>By: dokdoforever</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120529</link>
		<dc:creator>dokdoforever</dc:creator>
		<pubDate>Fri, 30 Nov 2007 12:42:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120529</guid>
		<description>The beginning of the article uses TI's CPI index ranking to compare Korea with other nations, and to demonstrate worsening corruption in Korea.  But, I'd caution against overelliance on the CPI.  For one, the CPI country rankings are effected by having countries dropping in and out of the country list, because it requires countries to have 3 independent corruption opinion surveys to be included.  Countries that only have 2 are dropped from that year's list, which can affect rankings.  Also, the CPI is an opinion poll about perceptions of corruption, and perception can be heavily influenced by the media.  Media coverage of corruption and crime in general has been shown to have little relation to actual incidence of crime and corruption.  For example, in the US in the 90s, while actual crime(which includes corruption) dropped, crime coverage rose (due to advent of cable news), leading to a rising concern with crime among Americans.  I'll bet that a Samsung corruption scandal, will likewise lead to plenty of press coverage and increased perception of corruption in Korea.  To compare this scandal with previous corruption, for starters we need to know the scale of favors Samsung received.  The challenge will be to find actual payments to officials, and delivery of favors.  At that point we can actually make an assessment.</description>
		<content:encoded><![CDATA[<p>The beginning of the article uses TI&#8217;s CPI index ranking to compare Korea with other nations, and to demonstrate worsening corruption in Korea.  But, I&#8217;d caution against overelliance on the CPI.  For one, the CPI country rankings are effected by having countries dropping in and out of the country list, because it requires countries to have 3 independent corruption opinion surveys to be included.  Countries that only have 2 are dropped from that year&#8217;s list, which can affect rankings.  Also, the CPI is an opinion poll about perceptions of corruption, and perception can be heavily influenced by the media.  Media coverage of corruption and crime in general has been shown to have little relation to actual incidence of crime and corruption.  For example, in the US in the 90s, while actual crime(which includes corruption) dropped, crime coverage rose (due to advent of cable news), leading to a rising concern with crime among Americans.  I&#8217;ll bet that a Samsung corruption scandal, will likewise lead to plenty of press coverage and increased perception of corruption in Korea.  To compare this scandal with previous corruption, for starters we need to know the scale of favors Samsung received.  The challenge will be to find actual payments to officials, and delivery of favors.  At that point we can actually make an assessment.</p>
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		<title>By: babarian.</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120503</link>
		<dc:creator>babarian.</dc:creator>
		<pubDate>Fri, 30 Nov 2007 07:14:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120503</guid>
		<description>I think it’s a bit of storm in a tea cup really, even if all the allegations made are true, looking from a historical perspective for the last half century or so in Korea.  .

Although it would be a major scandal in a serious Western country, what Samsung allegedly did is not something very unusual in the country.  

With all the headlines in the local papers, it cannot possibly be thoroughly investigated. Believing otherwise is like expecting Italy to investigate the Mafia thoroughly and clean up the country in a short period of time.  

I just hope the Western media would treat the case as low key as they would do when Korean girls win LPGA tournaments.</description>
		<content:encoded><![CDATA[<p>I think it’s a bit of storm in a tea cup really, even if all the allegations made are true, looking from a historical perspective for the last half century or so in Korea.  .</p>
<p>Although it would be a major scandal in a serious Western country, what Samsung allegedly did is not something very unusual in the country.  </p>
<p>With all the headlines in the local papers, it cannot possibly be thoroughly investigated. Believing otherwise is like expecting Italy to investigate the Mafia thoroughly and clean up the country in a short period of time.  </p>
<p>I just hope the Western media would treat the case as low key as they would do when Korean girls win LPGA tournaments.</p>
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		<title>By: mins0306</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120469</link>
		<dc:creator>mins0306</dc:creator>
		<pubDate>Fri, 30 Nov 2007 01:25:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120469</guid>
		<description>Even if Samsung goes the way of Enron, which I don't think it will, Korea won't be "fucked up".  Sure there will be some turmoil in the economy, but I don't see it going on for years or dragging things down.  IMO, I hope that this thing blows up really big, because this may be the only thing that will force those in power to institute much needed reforms.</description>
		<content:encoded><![CDATA[<p>Even if Samsung goes the way of Enron, which I don&#8217;t think it will, Korea won&#8217;t be &#8220;fucked up&#8221;.  Sure there will be some turmoil in the economy, but I don&#8217;t see it going on for years or dragging things down.  IMO, I hope that this thing blows up really big, because this may be the only thing that will force those in power to institute much needed reforms.</p>
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		<title>By: Brendon Carr (Korea Law Blog)</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120445</link>
		<dc:creator>Brendon Carr (Korea Law Blog)</dc:creator>
		<pubDate>Thu, 29 Nov 2007 12:40:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120445</guid>
		<description>Actually, there is one other potential risk: The United States Securities and Exchange Commission (SEC). Samsung Electronics has a number of securities -- stocks &lt;i&gt;and&lt;/i&gt; bonds -- floating around in the US under Rule 144A. Just because Korea is not interested in enforcing laws against Samsung does not mean that US securities regulators won't take some form of action.</description>
		<content:encoded><![CDATA[<p>Actually, there is one other potential risk: The United States Securities and Exchange Commission (SEC). Samsung Electronics has a number of securities &#8212; stocks <i>and</i> bonds &#8212; floating around in the US under Rule 144A. Just because Korea is not interested in enforcing laws against Samsung does not mean that US securities regulators won&#8217;t take some form of action.</p>
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		<title>By: MigukNamja</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120436</link>
		<dc:creator>MigukNamja</dc:creator>
		<pubDate>Thu, 29 Nov 2007 10:30:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120436</guid>
		<description>As for the linked-to article, it's fit only to line the pan of my cat's litter box. All of William Pesek's examples to predict the outcome about Samsung are from Japan. Mr. Pesek spends too much space trying to look insightful by assuming Japan and Korean business cultures and practices are near clones.

Not.

Korea, Inc., is still far too nationalistic. Also, Korea's economic crisis in 1997 isn't called "IMF" (to turn a pin on its head) for no reason - Koreans blame foreigners for their economy's ills.

However, Japan had to suffer through an entire decade of stagnation, deflation, and falling property prices, which was far too long to simply blame on an outside force. Hence, much-needed and very painful economic reform took place in Japan as a result.

Alas, Korea has not yet learned its lesson, and I doubt it will from this one case.</description>
		<content:encoded><![CDATA[<p>As for the linked-to article, it&#8217;s fit only to line the pan of my cat&#8217;s litter box. All of William Pesek&#8217;s examples to predict the outcome about Samsung are from Japan. Mr. Pesek spends too much space trying to look insightful by assuming Japan and Korean business cultures and practices are near clones.</p>
<p>Not.</p>
<p>Korea, Inc., is still far too nationalistic. Also, Korea&#8217;s economic crisis in 1997 isn&#8217;t called &#8220;IMF&#8221; (to turn a pin on its head) for no reason - Koreans blame foreigners for their economy&#8217;s ills.</p>
<p>However, Japan had to suffer through an entire decade of stagnation, deflation, and falling property prices, which was far too long to simply blame on an outside force. Hence, much-needed and very painful economic reform took place in Japan as a result.</p>
<p>Alas, Korea has not yet learned its lesson, and I doubt it will from this one case.</p>
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		<title>By: MigukNamja</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120435</link>
		<dc:creator>MigukNamja</dc:creator>
		<pubDate>Thu, 29 Nov 2007 10:18:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120435</guid>
		<description>Enron was beyond cooking the books : Enron didn't have a viable business model and was bleeding cash by the truckload. 

However, Samsung is a profitable company with a nice cash flow, as Linkd said.

Samsung will not collapse. The Korean economy will not collapse.

So, the real question is what will be the outcome be ?

A) Some big headlines in the newspapers, Samsung and Samil PWC execs in pajamas with I.V. drips, a few slaps on the wrist "in the interests of the national economy" (대~~한민국 !!) and business as usual ?

OR

B) A real chance to make some meaningful and much-needed reform ?

Given Korea, Inc.'s history and especially the completely spineless "Great Pretender" Roh, I give 9:1 odds on the former over the latter.</description>
		<content:encoded><![CDATA[<p>Enron was beyond cooking the books : Enron didn&#8217;t have a viable business model and was bleeding cash by the truckload. </p>
<p>However, Samsung is a profitable company with a nice cash flow, as Linkd said.</p>
<p>Samsung will not collapse. The Korean economy will not collapse.</p>
<p>So, the real question is what will be the outcome be ?</p>
<p>A) Some big headlines in the newspapers, Samsung and Samil PWC execs in pajamas with I.V. drips, a few slaps on the wrist &#8220;in the interests of the national economy&#8221; (대~~한민국 !!) and business as usual ?</p>
<p>OR</p>
<p>B) A real chance to make some meaningful and much-needed reform ?</p>
<p>Given Korea, Inc.&#8217;s history and especially the completely spineless &#8220;Great Pretender&#8221; Roh, I give 9:1 odds on the former over the latter.</p>
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		<title>By: Linkd</title>
		<link>http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120412</link>
		<dc:creator>Linkd</dc:creator>
		<pubDate>Thu, 29 Nov 2007 05:35:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/11/29/blowing-the-whistle/#comment-120412</guid>
		<description>So does that mean that if the true state of Samsung's finances were revealed and its stock price crashed that indeed we would all be fucked?

Not at all. Bring it on, the sooner the better. Samsung and most of the major export conglomerates are good cash generators. You can hide a lot under Korea's accounting standards, but you can't hide top-line cash.

But what do these companies actually OWN? What is one of their stocks really WORTH, in terms of the value of the company's assets that underlie the stock? Who the fuck knows, is the answer. That's my guess for why Korea's M&#38;A market is non-existent. For M&#38;A to take place, you need to appropriately value a company. Korea's pathetic excuse for a (developed, modern) accounting industry doesn't allow that.

So, yes, there should be a huge correction in stock prices if the books of Korea's companies were actually rewritten according to higher standards of transparency, and some rearrangements in ownership would take place, but the cash earners would continue, and there are many of them. End of part II.</description>
		<content:encoded><![CDATA[<p>So does that mean that if the true state of Samsung&#8217;s finances were revealed and its stock price crashed that indeed we would all be fucked?</p>
<p>Not at all. Bring it on, the sooner the better. Samsung and most of the major export conglomerates are good cash generators. You can hide a lot under Korea&#8217;s accounting standards, but you can&#8217;t hide top-line cash.</p>
<p>But what do these companies actually OWN? What is one of their stocks really WORTH, in terms of the value of the company&#8217;s assets that underlie the stock? Who the fuck knows, is the answer. That&#8217;s my guess for why Korea&#8217;s M&amp;A market is non-existent. For M&amp;A to take place, you need to appropriately value a company. Korea&#8217;s pathetic excuse for a (developed, modern) accounting industry doesn&#8217;t allow that.</p>
<p>So, yes, there should be a huge correction in stock prices if the books of Korea&#8217;s companies were actually rewritten according to higher standards of transparency, and some rearrangements in ownership would take place, but the cash earners would continue, and there are many of them. End of part II.</p>
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