ESG Regulatory Response Solutions

In order to ensure compliance with ESG-related regulations of Korean companies and their subsidiaries both inside and outside of Korea, the ESG Practice analyzes the current state of the ESG compliance preparedness of such companies, draws up improvement measures and specific action plans, and provides comprehensive legal consulting services to support the establishment of implementation systems grounded in our knowledge of international standards and best practices. The ESG Practice has considerable project experience building on our expertise in ESG legal and regulatory analysis, covering issues such as those relating to the EU’s Corporate Sustainability Reporting Directive (“CSRD”) and Corporate Sustainability Due Diligence Directive (“CSDDD”), as well as supply chain regulations for a wide variety of industries.

ESG Risk Monitoring and Establishment of Internal Control System

The ESG Practice provides services to clients with respect to their operations both inside and outside of Korea and is well placed to assist with the monitoring of ESG risks (both operational and legal/regulatory) and the building of internal control systems. The ESG Practice is also able to deliver “on the ground” advice to companies operating in Southeast Asia through its Vietnam, Indonesia and Singapore offices.

ESG Stakeholders and Response to Disputes

Recently, there has been an increasing number of cases where stakeholders (e.g., shareholders, officers, employees, NGOs, etc.) of companies demanded explanations from companies or raised issues through media reports, alleging that there is a gap between their ESG disclosures and their actual actions. Furthermore, there have been cases where the stakeholders filed complaints with regulators or lawsuits against companies. The ESG Practice provides comprehensive advice from the point in time when stakeholders raise issues to when actual disputes occur.

ESG Due Diligence

The ESG Practice provides due diligence services across industries and geographies including in the context of mergers and acquisitions, joint ventures, listings, and the establishment of ESG M&A due diligence models.

Establishing ESG Governance

The ESG Practice provides advice on the establishment of long/short-term ESG policies and procedures by country, industry, and company, the introduction of ESG standards in the operation of the Board of Directors, the establishment/operation of ESG committees, and review and advice on ESG shareholder activities.

The ESG Practice is active in advising major Korean and multinational clients on the full spectrum of ESG-related matters, including with respect to matters relating to their overseas operations and activities. The ESG Practice has particular experience in:

• Carrying out and supporting clients with projects to establish regulatory and operational compliance roadmaps and response systems including, with respect to supply chain and disclosure matters (such as the CSDDD and CSRD).
• Assisting clients with auditing of their operational and internal control systems for compliance with ESG-related regulations, best practices and market standards.
• Providing legal and strategic advice with respect to ESG-related disputes, investigations, proceedings or complaints.
• Assisting with the formulation of response strategies in response to ESG-related crises.
• Conducting ESG due diligence including in the context of M&A or financing transactions.
• Assisting clients with their sustainability reporting compliance, including preparation of sustainability-linked disclosures in the management report.
• Providing research personnel and advice on ESG matters to the Korean government.