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CP-03License & Import

We review your import & license operating structure for Korea.

Based on your product and sales model, we review the scope of import licensing, sales licensing, and post-market duties, and propose an executable structure. Built for overseas manufacturers without a Korean entity, and for companies that can't staff a dedicated regulatory team.

Fees
Quoted after structure review
Timeline
Structure review 1–2 wks · registration varies by class
Included
Roles & rights fixed by contract · post-market scope agreed

CP-03For Whom

Who this is for

Overseas manufacturers without a Korean entity

You want to enter the Korean market quickly, without incorporating locally.

Startups that can't hire regulatory staff

You want to validate the market and focus on sales without in-house RA/QA.

Distributors carrying regulatory burden

You want adverse-event reporting, recalls, and renewals handled within a contract scope instead of in-house.

CP-03Structure

Change distributors without losing the registration

We hold the import registration but do not take sales exclusively — we stay a neutral licence holder. Because the registration is not tied to any sales partner, you can appoint a distributor later, or change one.

You do not have to pick a distributor first

The biggest risk in entering Korea is not the approval itself. It is fixing your partner and your cost structure before you know the market. If you appoint a distributor first and that distributor also holds the import licence and the product approval, weak sales become very hard to reverse.

There is a reason manufacturers end up doing exactly that. To obtain an import licence, a qualified person must be appointed at each import site (Article 11(1) of the Enforcement Rule of the Medical Devices Act; applied to importers under Article 15(6) of the Act and Article 34 of the Rule), and that provision has no proviso. A manufacturer with no Korean entity cannot realistically meet it alone.

When we take that position, starting the approval and finding a partner become two separate tracks.

Appointing a distributor firstUnder CP-03
Vetting the partnerExclusivity and the approval are tied together before sales capability is provenApproval and partner search run separately
During the approvalMarket development effectively stopsResearch and negotiation continue within what the law allows
Changing partnersThe approval, the contract and the import structure all have to be rebuiltThe sales contract and the regulatory operation are already separate
Market informationWeighted to one distributor’s viewSeveral candidates can be compared before deciding

And that approval belongs to the company that imported it

In Korea, an import product registration is issued in the importer’s name. When your distributor is also the importer, the registration becomes that distributor’s asset — and when the contract ends, the registration ends with it.

Moving to another partner means obtaining the product registration again from the beginning, which takes several months to more than a year depending on the class. When a manufacturer hesitates to replace a distributor, the reason is usually not the partner. It is this structure.

You can still appoint a distributor

There is no reason to avoid a distribution agreement itself. Grant exclusivity with minimum order quantities and performance conditions attached, and make it terminable when those conditions are not met. What makes that termination hard today is that the registration disappears along with it.

When your distributor is also the importerUnder CP-03
Granting exclusivityYesYes
Minimum quantity conditionsYesYes
Termination on non-performanceYesYes
The registration after terminationLost with the contractRetained
Bringing in the next partnerRe-registration requiredImmediately on signing

The first three lines already work under today’s structure. Only the fourth line changes — and that one line changes what replacing a partner costs.

Use the approval period to find your partner

Approval takes time — several months to more than a year depending on the class. That time is not empty; it is when you look for a partner. With the registration already underway, the conversation with distributor candidates changes: they are evaluating a product whose registration cost and timeline they do not have to carry.

Korean law draws a clear line here — and that line is not a prohibition, it is a point in time.

Before approvalAfter approval
Finding sales partners, negotiating termsYesYes
Confirming hospital interestYesYes
Market, competitor and pricing researchYesYes
Preparing Korean-language product materialsYesYes
Selling and supplyingNoYes
Advertising product name, performance or efficacyNoYes
Brand building and marketplace listingNoYes

Advertising the name, manufacturing method, performance or efficacy of a medical device that has not been approved or certified is prohibited under Article 24(2), subparagraph 5 of the Medical Devices Act, and a violation carries up to three years’ imprisonment or a fine of up to KRW 30 million (Article 52(1)). Promotion on the basis of “Korean registration in progress” falls under the same provision where it also carries the product name or a performance claim.

At the contract stage we put this boundary in writing for you, together with the range of wording you can use at each point.

You can start without a distributor at all

A distributor may not be settled by the time approval comes through — or you may decide from the outset not to appoint one. Either way, we take the selling: building a Korea-market brand together with you, listing it on online marketplaces and distribution channels, and running it ourselves. We call this brand build and sales operation.

The brand is yours. You decide the name, the design and the pricing policy; we advise against Korean market norms and execute. Once a distributor is appointed, the channel operation can be handed over or run alongside theirs.

Revenue in Korea starts even without a distributor, and that sales record becomes the argument when you look for the next one. A product that is already selling negotiates on different terms from one that is not.

Included — brand name review, logo and brand guide / product detail pages / marketplace listing requirements and documents / medical device advertising and labelling review / channel operations

Fee — custom quote

You can decide the route to market later

We do not fix a single answer for Korea at the outset. The structure can be chosen — and changed — as you see the product’s fit, the partners’ response and the actual sales.

StructureWhen it fits
AOne exclusive distributorNational or channel exclusivity, with minimum quantities, term and termination agreed together
BSeveral distributorsSeparate partners for hospitals, online, regions and specialist channels
CWe sellNo distributor yet, or you need an initial track record — the brand build and sales operation above
DMove to direct operationOnce volume justifies it, shift to a Korean entity or direct importation

Eligibility review → structure design → approval and market validation in parallel → route to market fixed → sell and expand. You decide the next investment at the end of each stage, and you can stop or change direction at any of them.

Even if a partner negotiation falls through, the regulatory groundwork and the entry assessment remain. They carry straight into the next negotiation.

CP-03Services & Fees

Services and fees

The import and registration operating structure can differ with the product, the contract scope, and the outcome of the applicable legal review. Specific roles, authority, and post-market boundaries are agreed separately per product and contract — and if we judge the risk of the import structure to be too high, we recommend direct registration instead.

Structure review

Import & registration operating structure review

We review your product, manufacturer, sales channels, and storage and distribution conditions to define a workable import and registration operating structure for Korea.

Custom quote after the structure review

Operations

Operations & post-market support

Maintenance, renewal, and MFDS reporting for the Korean import and registration operating structure, supported within the contract scope. Specific roles, authority, and post-market boundaries are agreed separately per product and contract.

Custom quote

Offer

We check applicability first, free

Send your product, manufacturer, and sales plan, and we reply within 1 business day on whether the L&I structure applies. If the risk is too high, we'll recommend direct registration under your own name.

CP-03Process

How it proceeds

What happens at each step, and how long it takes — laid out in advance.

  1. 01

    Structure review request

    We take your product, manufacturer, and sales plan and assess whether the L&I structure applies.

    Reply in 1 business day

  2. 02

    Structure review & agreement

    Roles, responsibilities, post-market scope, and the contract structure reviewed and proposed — rights defined explicitly in the contract.

    1–2 weeks

  3. 03

    Registration

    Import business license, product registration, and KGMP proceed per the agreed structure.

    Varies by class

  4. 04

    Operations & post-market

    Adverse-event reporting, recall response, and renewals operated within the contract scope — you focus on sales.

    For the contract term

FAQQuestions

Frequently asked questions

Is this name-lending? Is it legal?

No. Nominal name-lending is prohibited under Korean medical device law, and we don't do it. In the L&I structure CLARE Partners is the actual import license holder, personally performing the legal duties that come with it — quality manager operation, post-market surveillance, MFDS reporting. Roles, responsibilities, and rights are written into the contract, and if our review finds the import structure too risky for your product, we recommend direct registration under your name.

How is this different from registering as an importer ourselves?

Direct registration means you satisfy facility, quality-manager, and GMP requirements yourself, and run KGMP/GIP/GSP operations plus adverse-event and recall duties with your own staff. Under L&I, CLARE Partners designs and operates the regulatory and import-management structure while you focus on sales and distribution. The division of roles is defined by contract.

How are our sales rights and accounts protected?

Roles and rights are defined at the contract stage so that your commercial base — accounts, channels, brand — is protected. Specific clauses are settled during contract negotiation.

Does every product qualify for this structure?

No. We review the product, manufacturer, sales channels, and storage/distribution conditions before judging applicability — and when the import structure carries too much risk, we recommend direct registration instead.

Can we start before we have a Korean distributor?

Yes. Before any distributor is fixed, we map the regulatory route, the documents you are missing, and the scope of approval, KGMP and testing, and start from there. The search for a Korean partner then runs alongside the approval.

We already have distributor candidates. Can they be part of this?

They can. A candidate can be included as the sales partner while the licence holder, the importer of record, the scope of exclusivity and the minimum order quantities are designed separately, so that each role and each right is explicit.

Can we grant exclusivity to a distributor?

You can. The point is not to avoid exclusivity but to attach performance conditions to it — minimum order quantities, sales targets, term, territory and channel scope, and termination conditions all go into the contract.

What if Korea turns out not to be worth it?

Because each stage ends in a decision, you can slow down or narrow the scope before committing to large marketing spend or a Korean entity. How the regulatory work already performed is handled, and the contractual rights and obligations, follow separately agreed terms.

If sales grow, do we have to keep going through CLARE Partners?

No. The long-term structure is designed so that you can move to a Korean entity, direct importation, a dedicated distributor or multi-channel distribution as your scale and strategy require.

Just send the product details.
We do the reviewing.

We pre-review device class, required pathway, and data readiness free of charge, and reply within 1 business day. No sign-up.