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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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Insurance for foreign workers

Resolved Question:

I have just started and registered an LLC in Texas, USA. In an effort to create a presence in Texas the company will initially hire some technical talent to be used on a full time (1 + year) residential project in South Korea. What liability does this newly created company have in respect to Workers Compensation, Medical Insurance etc?

Submitted: 5 months ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 5 months ago.
Thank you for your question. Please permit me to assist you this evening.

If I may ask, will the person be physically located n Texas or will he be based out of South Korea? Please advise!
Customer: replied 5 months ago.

He will be based (living in) in South Korea


 

Expert:  Dimitry K., Esq. replied 5 months ago.

JR,

 

Thank you for your follow-up. In that case there is no obligation for worker's compensation or other duties such as insurance from Texas--there may be an obligation based on Korean law, but not on US law--US law typically is based on where the employee is based from, not where the business is based from.

 

Hope that helps.

Customer: replied 5 months ago.

Dimitry,


 


Many thanks. If he is hired in Texas and then sent to South Korea (or elsewhere) does this count as being based in South Korea? Also if his family were to remain in Texas but he is based in South Korea does that change the equation?


 


JR

Expert:  Dimitry K., Esq. replied 5 months ago.

JR,

 

You are most welcome. Even if he is hired in Texas but lives and works out of South Korea, that would still be considered his 'base of operations' and that is the law what would be utilized for employment purposes. Likewise, it matters where he is, not his family, so local law would again control unless and only unless in his employment contract you designate it to be based on US law. Even so he would still need to pay tax in South Korea as that is where he would be working.

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 35623
Experience: Run my own successful business/contract law practice.
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