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 first | Under CP-03 | |
|---|---|---|
| Vetting the partner | Exclusivity and the approval are tied together before sales capability is proven | Approval and partner search run separately |
| During the approval | Market development effectively stops | Research and negotiation continue within what the law allows |
| Changing partners | The approval, the contract and the import structure all have to be rebuilt | The sales contract and the regulatory operation are already separate |
| Market information | Weighted to one distributor’s view | Several candidates can be compared before deciding |
