Regulatory Compliance Counseling

Drawing upon extensive experience and expertise, our Practice provides sophisticated and pragmatic counseling to businesses to ensure compliance with all applicable EHS laws and regulations.  Our legal services include providing due diligence assessments of environmental compliance, counseling on required corrective actions, representing clients concerning environmental permits, and drafting environmental policies and compliance programs.

Representation in Administrative Procedures

Our Environment Practice not only assists clients with the interpretation of EHS laws but also provides a full range of multi-dimensional counseling services related to enforcement and policymaking of said laws.  We represent clients subject to correctional oversight and ensure that the clients’ perspectives are presented to the relevant authority.  We also assist in legal proceedings and submitting a formal request to the relevant agency for an official interpretative ruling on unclear areas of environmental laws.

Environmental Risk Assessment and Allocation

We counsel a wide range of domestic and multinational clients across industries on various types of transactions – from real estate transactions to commercial business transactions including purchases, sales, financing, leasing and others.  In particular, our Practice (i) provides environmental risk exposure assessment and regulatory compliance assessment, (ii) negotiates and drafts purchase, sale, lease or financing agreements and related documents addressing environmental risks and impacts, and (iii) advises on transaction and business structures for individuals and companies to reasonably manage liabilities resulting from potential or past environmental issues.

Litigation and Dispute Resolution

Our Practice provides legal counseling and advocacy in all stages of civil, criminal, and administrative environmental proceedings.  We represent clients before other dispute resolution bodies in various environmental matters including air, water and soil contamination, carbon emissions, toxic wastes, toxic chemical management and clean-up of contamination.  Our Practice features an integrated team of scientific specialists and seasoned environmental litigators who effectively and successfully advise clients on all aspects of highly complex and technical disputes on environmental matters.

Climate Change Compliance Counseling

Korea is recognized globally as an environmentally responsible nation that is taking proactive steps to fight climate change.  Korea has voluntarily implemented a carbon emissions trading scheme, encouraged conversion to renewable energy sources, and established carbon neutrality objectives for 2050.  This means that more regulatory restrictions will be applicable to companies doing business in Korea.

Kim & Chang’s Environment Practice has provided legal services on a wide variety of climate change-related issues and transactions.  Our Practice has been actively involved in promoting and systematizing climate change projects and climate change adaptation solutions.  We have advised in various types of transactions relating to the Clean Development Mechanism (“CDM”), carbon trading and carbon funds.  We were the legal adviser to Rhodia Energy’s N2O Abatement Project in Korea, one of the world’s largest CDM projects and Korea’s first carbon funds project.  We also advise and represent various clients in relation to the greenhouse gas target management system and carbon regulation emissions trading scheme practices and litigation.

Chemical Practices

The import, manufacturing, sale and distribution of chemical products, which make up a significant part of the domestic industry, implicate a variety of environmental issues.  Our Practice advises on applications for a toxicity examination or exemption, registration of chemical substances, and regulatory requirements applicable to the import or use of such registered chemical substances.  As an integrated team of chemical specialists and experienced lawyers, we provide technical and analytical evaluations of various chemical products subject to government approval and registration requirements.

Automobile Emissions

The automobile industry is subject to strict environmental regulations, including those on exhaust emissions.  Interest and regulatory focus on these issues is growing, with the recent investigations by both Korean and overseas regulators regarding exhaust gas from diesel vehicles being one of many examples of this.  Exhaust gas-related regulation has a direct impact on the manufacturing, import and sale of vehicles, and lack of compliance could lead to civil, criminal and administrative liability for the company and its employees.  Our Practice is experienced in both the regulatory and technical aspects of emissions certifications.  We provide comprehensive legal services on emissions regulations and other regulations relevant to automobile importers, based on our expertise and know-how built over numerous complex matters including the recent diesel vehicle emissions cases.

Our Practice regularly advises Fortune 500 companies and other multinational and domestic companies including:

• Companies with manufacturing facilities;

• Companies that manufacture, store, use, sell or distribute chemical substances and/or products and related products;

• Companies that dispose or recycle wastes; and

• Renewable energy companies (e.g., solar power, wind power, etc.)

Some of the major environment matters for which we acted as counsel include:

Litigation

• Represented a bus manufacturer, petrochemical company, power and automation equipment manufacturer and others in a litigation regarding clean-up obligations for soil contamination

• Represented a civil engineering company and a chemical company in a criminal investigation regarding a violation of the Air Environment Conservation Act (“AECA”), and an electronic components manufacturer in action to cancel administrative surcharge

• Represented a household goods manufacturer and others in a criminal trial for an alleged violation of the Chemicals Control Act and Act on Registration and Evaluation, Etc. of Chemical Substances (“K-REACH”)

• Represented a food company and others in administrative hearings in connection with a work site closure order and an administrative fine for violating the Water Quality and Ecosystem Conservation Act and related criminal proceedings

• Represented a cement manufacturer in proceedings before the National Environmental Dispute Resolution Commission 

• Represented a semiconductor company, chemical company, construction company and others in connection with criminal and administrative proceedings (e.g., suspension of operation) regarding explosions, chemical leakages and other environmental incidents at worksites

• Represented 16 petrochemical companies, 17 nonferrous metal companies, five cement companies, and other companies in the semiconductor material/shipbuilding/industrial industries in emissions allowance litigation

• Advised in connection with US class action litigation for manganese fumes from welding rods

• Represented an automobile importer in criminal, civil and administrative proceedings for a violation of the AECA in connection with exhaust gas emissions of diesel vehicles and other issues

• Represented a waste management company in disputing the revocation of a business license in administrative proceedings

• Represented a petroleum chemical company in disputing a suspension of business in administrative proceedings

• Represented a food company in administrative proceedings to dispute administrative orders for landfill waste treatment

Advisory

• Advised a consumer goods manufacturer, household goods manufacturer and others in connection with the violation of K-REACH obligations

• Advised a private equity fund regarding environmental impact assessment

• Advised a water purifier manufacturer on licensing issues under the Drinking Water Management Act

• Advised an industrial product manufacturer, a chemical company and others on information disclosure obligations under the K-REACH

• Advised a chemicals and food company in connection with the Waste Management Act litigation

• Advised a multinational household goods manufacturer and others in connection with the violation of K-REACH obligations

• Advised a petrochemical company in connection with emissions trading scheme

• Advised a public institution regarding soil contamination issues

• Advised a semiconductor company in connection with compliance audit and relevant regulations

• Advised an oil refining company regarding the purchase of land from Korea Oil Corporation

• Advised a water treatment company in its acquisition of a waste recycling company

• Advised an industrial chemicals company regarding soil contamination clean-up costs

• Advised a private equity fund in its acquisition of an incineration facility from a waste treatment company

• Advised a private equity fund in its acquisition of a construction waste treatment company

• Advised an energy company with the world’s largest Clean Development Mechanism (“CDM”) business regarding conducting a CDM project in the Onsan region

• Advised a furniture company regarding waste and recycling regulations as part of a comprehensive due diligence for entering the Korean market

• Advised an automotive battery company regarding regulations on cross-border transfer of waste and used batteries

• Advised numerous waste collection and treatment companies regarding regulatory procedures for installing waste treatment facilities

• Advised an oil refining company regarding the installation of a waste treatment facility relating to petrochemical complex

• Advised on improving the Extended Producer Responsibility (EPR) system for packaging in Korea

• Advised numerous automobile importers in connection with emissions certifications and related regulatory procedures