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Environment “Kim & Chang can mobilise extensive knowledge and resources to resolve various and complex issues.”
– Chambers Asia Pacific 2018

Overview

Since the birth of environmental laws in Korea, Kim & Chang’s Environment Practice has provided comprehensive legal services for over 30 years, covering a wide range of topics, from traditional environment issues with air, water, soil, chemicals, waste management and environmental impact assessment, to the latest environmental issues, such as ESG, climate change, carbon neutrality, renewable energy, resource circulation and biodiversity.

The far-reaching experiences and in-depth knowledge of our lawyers, accountants, patent attorneys, consultants and environmental and technical experts have allowed our Environment Practice to be recognized for its top-tier legal support in the environmental arena. Based on our extensive expertise, we promptly identify the critical environmental risks faced by clients and offer practical and systemic solutions in environmental/climate change-related matters.

Key Servicesshow

Regulatory Advice on Environmental/Climate Change Regulations

Based on our comprehensive expertise and experiences, we offer clients legal solutions for compliance with various environmental/climate change regulations that may arise in the course of developing and implementing business strategies. In particular, we advise on the necessary licensing requirements given the clients’ practical needs, represent clients in obtaining licenses and permits and develop corporate manuals and procedures to achieve the environmental/climate change-related goals.

To bring practical and realistic solutions to clients, our Practice closely monitors the enforcement trends and policies of the regulatory authorities. We also proactively discuss with government officials for clients and, if necessary, submit an opinion and obtain an authoritative interpretation on the issues where the regulations are uncertain or contradictory.

 

  • Advise on licensing requirements and assist to obtain necessary licenses and permits
  • Analyze and submit advocacy papers to relevant government authorities
  • Provide advice on enactment, amendment and enforcement of laws and regulations and developments of relevant policies
  • Assist with authoritative ruling or opinion submission procedures

 

Environmental/Climate Change Corporate Compliance

Our Practice provides corporate compliance evaluation and analysis to identify potential issues and take necessary measures to minimize associated risks. We also review clients’ compliance level in terms of necessary licenses/permits and other regulatory requirements and provide practical solutions, thereby helping the clients comply with the environmental/climate change-related regulations, develop ESG strategies and build optimal compliance systems.

Particularly, as environmental/climate change-related issues and regulatory aspects become increasingly sophisticated and intertwined, companies are forced to respond to fast developing environmental/climate change-related laws and regulations. To this extent, our Practice assists clients with creating a communication channel for effective internal collaboration among relevant departments and establishing a comprehensive supply chain management system for raw materials and products in consideration of applicable regulatory trends.

 

  • Assess corporate compliance and develop comprehensive regulatory compliance systems
  • Establish monitoring systems for major environmental/climate change-related regulations and develop guidelines
  • Advise on systematic cooperation and communication among relevant departments/organizations
  • Advise on supply chain management system for raw materials, products, etc.

 

Environmental/Climate Change Dispute Resolution

For decades, our firm has represented clients in the full scope of dispute resolution, including criminal, civil and administrative proceedings and other means of dispute resolution involving various complex environmental and climate change issues. Closely cooperating with our litigation and criminal experts, our Practice has effectively contributed to clients’ dispute resolution by thoroughly analyzing relevant facts and complicated technical issues unique to environmental disputes and developing compelling legal arguments.

We also provide a holistic and innovative solution from the initial stage of disputes on the environmental/climate change issues raised by various stakeholders and interested parties.

 

  • Advise on and represent clients in criminal, civil and administrative proceedings involving environmental/climate change issues
  • Analyze complicated factual background, identify key issues and prepare explanatory materials
  • Recommend solutions to complaints and disputes raised by corporate stakeholders

 

Environmental/Climate Change Issues in M&A and Other Commercial Transactions

For clients’ M&As and other commercial transactions, our Practice conducts legal due diligence on environmental/climate changes issues, provides advice on sophisticated contract terms, such as representations and warranties and closing conditions, and recommends remedial measures to minimize potential risks.

Our Practice also assists clients to effectively deal with environmental labeling/advertising and greenwashing issues that clients may encounter in the course of business operation.

 

  • Conduct due diligence on environmental/climate change issues in M&A and other commercial transactions
  • Advise on environmental/climate change-related crisis management
  • Advise on greenwashing and environmental labeling/advertising issues

Key Experienceshow

Advisory
  • Advised an energy producer and an oil refinery company on the greenwashing risk associated with their environmental labeling and advertisement and assisted them to respond to administrative investigations
  • Advised companies, including overseas investment companies, on the conversion of overseas emission credits to domestic emission permits
  • Conducted environmental compliance audits and advised a number of companies, including a semiconductor company, on potential improvement measures
  • Advised a cement company on the establishment of an eco-friendly ESG management system
  • Advised a consumer goods manufacturer, household goods manufacturer and other companies in connection with the violation of obligations under the Consumer Chemical Products And Biocides Safety Control Act (“K-BPR”)
  • Advised an industrial product manufacturer, a chemical company and other companies on the information disclosure obligation under the Act on Registration, Evaluation, Etc. of Chemicals (“K-REACH”) and associated appeal procedures
  • Advised various companies on regulatory requirements related to environmental impact assessment and associated issues
  • Advised a furniture company on waste and recycling regulations
  • Advised an automotive battery company and a multinational battery recycling company on regulations applicable to the cross-border transfer of waste and used batteries
  • Advised a battery manufacturer on implementation of the EU Battery Regulation
  • Advised an oil refining company regarding the installation of a waste treatment facility relating to a petrochemical complex
  • Advised a number of domestic and overseas companies on the quality standards of packaging materials, waste charges and the Extended Producer Responsibility (“EPR”) system pursuant to the Act on the Promotion of Saving and Recycling of Resources
  • Advised private equity funds and construction waste treatment companies on the acquisition of waste treatment companies and waste treatment facilities, respectively
  • Advised companies, including a specialized industrial chemical company, on the costs and methods of remediating soil contamination
  • Advised numerous automobile importers in connection with emissions certifications and related regulatory procedures
  • Advised a water purifier manufacturer and its distributors on permits under the Drinking Water Management Act
  • Advised a number of companies, including a petrochemical company, on environmental liability insurance related to chemical accidents
  • Provided comprehensive advice to a company specialized in environmental business on major environmental business-related issues

 

Litigation & Industrial Accident Response
  • Represented petrochemical companies in administrative and criminal proceedings for violating the self-measurement obligation under the Clean Air Conservation Act
  • Represented companies (e.g., semiconductor, chemical and construction) in administrative and criminal proceedings in relation to environmental accidents caused by explosions or chemical leakages at work sites
  • Represented a civil engineering company and a chemical company in a criminal investigation and an electronic components manufacturer in an action to cancel an administrative surcharge for violating the Clean Air Conservation Act
  • 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 Environment Conservation Act and related criminal proceedings
  • Represented chemical companies and companies manufacturing and selling household chemical products in administrative and criminal proceedings (e.g. challenging administrative dispositions, such as sales suspension and administrative penalties) for violating the Chemical Substances Control Act and the K-REACH
  • Represented a semiconductor and display manufacturer in administrative and criminal proceedings for violating the Chemical Substances Control Act in relation to a chemical leakage
  • Represented chemical companies, including an oil refinery company and a nonferrous metal company, in an administrative litigation seeking revocation of administrative dispositions imposed for failure to make an immediate chemical accident report
  • Represented 16 petrochemical companies, 17 nonferrous metal companies, five cement companies, and other companies in the semiconductor material/shipbuilding/industrial gas industries in an emissions allowance administrative appeal and litigation
  • Represented an automobile importer in criminal, civil and administrative proceedings for violating of the Clean Air Conservation Act in connection with exhaust gas emissions and other issues
  • Represented a waste management company in challenging the revocation of a business license in an administrative proceeding
  • Represented a food company in administrative proceedings to dispute administrative orders for landfill waste treatment under the Wastes Control Act
  • Represented companies in administrative proceedings, challenging the denial of the waste treatment facility location
  • Represented many companies (e.g., bus manufacturer, petrochemical company and a company manufacturing/supplying electric devices and automation devices) in civil litigations in connection with the obligation to remediate soil contamination
  • Represented a cement producer in a mediation case before the Environmental Dispute Resolution Commission regarding potential impacts on local residents’ health
  • Represented a telecommunication company in a civil litigation where complainants alleged damages due to reflective sunlight or obstruction of sunlight by the company’s facilities

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