Litigation and Dispute Resolution
Our Administrative & Public Law Litigation Practice provides a wide range of dispute resolution services to contest administrative dispositions. Our broad experience spans administrative and judiciary pre-appeals and audits before the Board of Audit and Inspection of Korea (the “BAI”), and through all stages of litigation before the Administrative Court, the High Court and the Supreme Court.
Proxy for Administrative Procedures
We have successfully represented clients in a significant number of cases to defend against administrative dispositions or to advocate for a mitigated disposition. Our services include guidance during pre-administrative procedural steps prior to the imposition of administrative measures by submitting opinions, aiding in hearing preparations and participating in hearings.
Authoritative and Legislative Interpretation
In cases where the interpretation of laws and regulations is the primary issue, we help resolve disputes swiftly in the early stages of the case by developing creative and substantively sound legal arguments to then engage in negotiations with the relevant interpretive authority.
Counseling of Response Strategies to Business Activity Regulations
In some cases, businesses may consider new regulations or existing regulations to be unjust but nevertheless accept them to maintain working relationships with an administrative authority. In these instances, we strategize and develop responses by conducting our own assessment of a regulation’s legality based on laws and prior regulations, and analyzing the economic feasibility and effectiveness of such regulations by collaborating with our industry and economic analysis teams.
Counseling of Business Operations
We counsel our clients on numerous legal risks that may arise during each step of a planned business operation, such as review by administrative authorities and grants of approval and permits. We provide the most effective response strategies well in advance, and allow the business plans to proceed smoothly, without delay or hindrance due to unexpected administrative regulations.
Criminal Defense in Cases of Violation of Administrative Law
In cases of potential criminal sanctions for violation of an administrative law, we actively defend our clients to achieve non-indictments or acquittals. We work closely with our criminal team on these matters.
Suspension of Execution
We assist our clients during the administrative litigation or adjudication process by filing motions to stay the execution. We strive to build appropriate and effective reasoning to back these claims, ultimately to minimize the potentially significant business damage to our clients that may result from an immediate execution of an administrative order.
Administrative Litigation Act for State Compensation
We represent clients who pursue litigation under the Administrative Litigation Act for State Compensation, for allegedly illegal acts committed by administrative institutions or unjust enrichment under public law.
- Successfully obtained revocation of restrictions on bid participation imposed on construction companies by the Public Procurement Service, local governments, and public companies.
- Successfully obtained revocation of business suspensions for construction companies imposed by local governments.
- Successfully obtained revocation of concessionaire designations and preferred bidder designations for construction companies imposed by local governments.
- Successfully obtained the Ministry of Government Legislation’s interpretation of laws and regulations relating to construction.
- Successfully obtained the approval of construction regarding GMC for a Korean automobile manufacturer.
Small and Medium Enterprises (SME)
- Successfully obtained revocation of a recommendation against store opening imposed on an affiliate of a Korean conglomerate by the Ministry of SMEs and Startups.
- Successfully contested recovery of subsidy and obtained a revocation of restriction on participation imposed on a leading Korean ICT company by the Korea Technology and Information Promotion Agency for SMEs (TIPA).
- Successfully reversed the cancellation of “first hand production identification” filed against asphalt concrete companies by the Korea Federation of SMEs due to violation of allocation.
- Successfully obtained the cancellation of drug price reductions imposed on pharmaceutical companies by the Ministry of Health and Welfare on grounds of the provision of improper economic benefits.
- Successfully obtained annulment and suspension of the reduction of the maximum reimbursement price of a multinational pharmaceutical company’s original drug imposed by the Ministry of Health and Welfare.
- Successfully obtained annulment of execution of business suspension imposed on a multinational food company by a Regional Office of Food and Drug Safety.
Information and Communications
- Successfully obtained stay, and ultimately revocation, of a corrective order and administrative fine imposed on a multinational platform business operator by the Korea Communications Commission.
- Successfully obtained stay, and ultimately revocation, of a restriction on re-approval imposed on a general programming provider by the Korea Communications Commission.
- Successfully defended against the suspension of approval of telecommunications service providers for the abolishment of 2G business as rendered by the Korea Communications Commission.
- Successfully obtained revocation of business suspensions imposed on loan companies by the Financial Supervisory Service.
- Successfully obtained stay and revocation of sanctions imposed on the president and other executives of a large-scale Korean bank by the Financial Supervisory Service.
- Successfully obtained stay and revocation of sanctions imposed on a Korean conglomerate and its executives by the Securities and Futures Commission on grounds of accounting fraud and violation of disclosure obligations.
- Successfully obtained revocation of a business suspension imposed on a multinational accounting firm by the Financial Supervisory Service on grounds of aiding and abetting accounting fraud.
- Successfully revoked an administrative fine imposed on a Korean financial company by the Securities and Futures Commission for the violation of disclosure obligations.
- Successfully obtained revocation of a business restriction on large-scale hypermarts and “super supermarkets” imposed by a local government.
- Successfully obtained revocation of the Korea Workers’ Compensation & Welfare Service’s change to the classification of a overseas distribution company on grounds that fulfillment services, a new type of business, were classified erroneously.
- Successfully obtained revocation of restrictions on bid participation imposed on defense companies on grounds of document falsification, cost data, and non-performance of contract.
- Successfully obtained revocation of usage fees for private capital-induced cargo terminals.
- Successfully obtained revocation of exclusive usage fees imposed on a Korean steel company by a regional port authority.
- Obtained the Ministry of Government Legislation’s interpretation of laws and regulations relating to the reclamation of public waters.
- Successfully obtained revocation of administrative fines imposed on a global automobile manufacturer by the Ministry of Environment on grounds of defective certification.
- Successfully obtained revocation of carbon emission right allocation by the Ministry of Environment.
- Successfully obtained revocation of chairperson appointments to educational foundations by the Ministry of Education on grounds of suspicions of legal violations.
- Successfully revoked the denial of establishment for an educational foundation imposed by the Ministry of Education.
Nullification of MOE’s Denial of Allocating Additional Greenhouse Gas Emission Permits to Korean Cement Companies2023.01.30
Judgment Finds Disciplinary Action Against Former Management of Commercial Bank for Alleged Violation of Obligation to Prepare Internal Control Standards in Relation to Misselling of DLF Unlawful2022.12.22
Judgment Finds Disciplinary Action Against Former Management of Commercial Bank for Violating its Obligation to Prepare Internal Control Standards in Relation to Misselling of DLF Unlawful2022.07.29
Supreme Court Confirms Reversal of KFTC's Sanctions Against an Air Transportation Company for Alleged Provision of Inappropriate Benefits to Specially-Related Parties2022.05.19
Seoul High Court Revokes KFTC’s Administrative Fine Against a Steel Product Transport Company for Bid-Rigging2022.03.31
Successful Cancellation of the MOE’s Refusal to Allocate GHG Emission Permits in Administrative Appeal2021.07.27