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Kyung Shik ROH Attorney

T.+82-2-3703-1126 F.+82-2-737-9091/9092
Kyung Shik ROH Attorney
Kyung Shik ROH Attorney

Kyung Shik ROHAttorney

T.+82-2-3703-1126 F.+82-2-737-9091/9092 E.ksroh@kimchang.com

Areas of Expertise

Bio

Kyung Shik Roh is an attorney at Kim & Chang. Mr. Roh is a pivotal leading member of Kim & Chang’s Life Sciences and Healthcare Practice. His practice focuses primarily on the Life Sciences and Healthcare industry encompassing pharmaceuticals, medical device, foods, cosmetics, animal health products, crop protection, seeds, and public health care sectors. He also advises on matters involving the construction industry, corporate governance, intellectual property, litigation, and product liability/consumer claims.

Before joining the firm, Mr. Roh served as a district court judge for nine years. During his tenure as a judge, he gained extensive experience in a wide range of matters in litigation. Reflecting on his varied experience as a judge, Mr. Roh has a broad practice in civil litigation and general corporate matters at Kim & Chang. In his civil litigation practice, Mr. Roh specializes in health care, product liability, consumer claims, and real estate. His litigation strategies and leadership capabilities have led to the establishment of case precedents, changes to existing precedents, and adjudication from the Constitutional Court on the unconstitutionality of laws.

As a member of the firm's Litigation and Life Sciences and Healthcare Practice, Mr. Roh's representative work in recent years includes representing pharmaceutical companies in the civil, administrative, and FTC cases. In particular, his representation of a major pharmaceutical company in an administrative lawsuit has established important leading precedents, including giving companies standing to sue regulators on drug pricing issues. Thereafter, his success in around 20 drug pricing related litigations has led Mr. Roh to be recognized as one of the preeminent specialists in the health insurance and reimbursmenet pricing arena. Furthermore, Mr. Roh’s public oral argument before the plenary session of the Supreme Court regarding the heated debate over the legitimacy of voluntary uninsured payment for medical treatment successfully overturned an existing precedent, helping to restore the medical service industry’s reputation.

In addition to Mr. Roh’s extensive litigation experience, he also has equal knowledge and experience in advising clients on issues that arise in various business situations, including investigations by government agencies, administrative measures, and disputes with distributors.

Mr. Roh received an LL.M. from the University of Pennsylvania Law School in 1998 and a B.A. from the College of Law, Seoul National University in 1987. He also attended the Judicial Research and Training Institute of the Supreme Court of Korea in 1990. He is admitted to the Korea bar and Korea Patent bar.

Profile

Experience

Kim & Chang (2002.3.-Present)

Member, Policy Committee, Ministry of Justice, Policy Committee (2005)

Judge, Seoul District Court (2001.3.-2002.2.)

Judge, Suwon District Court (2000.3.-2001.2.)

Judge, Miryang District Court (1998.7.-2000.2.)

Judge, Choongju District Court (1997.3.-1998.6.)

Judge, Eastern Branch Court of the Seoul District Court (1995.3.-1997.2.)

Judge, Seoul District Court (1993.3.-1995.2.)

Military Prosecutor, Republic of Korea Air Force (1990.2.-1993.2.)

Representative Mattersshow

Major Litigation in Pharmaceutical, Medical Devices, Cosmetics, Foods, Agro-livestock, and Medical Service Sectors
 
  • Litigated voluntary uninsured payment related case before a plenary session of the Supreme Court, resulting in overturning an existing precedent. 
  • Litigated against Korea Fair Trade Commission’s sanctions imposed for selective medical service fees.
  • Litigated Korea’s first ever case to vacate government’s notification on reductions to insurance reimbursement drug pricing.
  • Litigated case to vacate reduction to drug pricing under actual transaction pricing system. 
  • Litigated Korea’s first ever case to vacate change to insurance reimbursement standard.
  • Litigated case to vacate reduction to ceiling amount for medical devices.
  • Litigated case to vacate revocation of drug price under raw material synthesis exception.
  • Litigated case to vacate reduction to drug price under drug price re-evaluation system.
  • Litigated case to vacate reduction to drug price under adjustment application system.
  • Litigated case involving product transfer.
  • Litigated patent case involving selection invention.
  • Litigated in defense of pharmaceutical product liability claim. 
  • Litigated in defense of seeds product liability claim.
  • Litigated case to vacate administrative sanction for labeling and advertising violations. 
 
Major Legal Consultation and Advice in Pharmaceutical, Medical Devices, Food, Agro-livestock ,and Medical Service Sectors
 
  • Advised clients during Korea Fair Trade Commission’s first, second and third rounds of investigations into the pharmaceutical industry for unfair trade practices.
  • Advised clients during Korea Fair Trade Commission’s investigations into patent abuse.
  • Advised clients during illegal rebate investigations under the dual punishment system.
  • Advised on establishing a global compliance standard of practice for multinational pharmaceutical companies.
  • Advised on new medical technology evaluations of medical devices.
  • Advised on new drug listings.
  • Advised on regulatory matters in connection to M&As.
  • Advised on execution of licensing and distribution agreements.
  • Advised on termination of co-promotional and distribution agreements.
  • Advised clients on responses and defenses against administrative measures for violations of the Pharmaceutical Affairs Law and Medical Device Act.
  • Advised on resolving product liability disputes involving pharmaceuticals, medical devices, foods and cosmetic products.
  • Advised clients on responses and defenses against the reduction of ceiling reimbursement price under medical device cost investigation.
  • Advised on side effects in connection to clinical trials.
  • Advised on foreign substances in products.
  • Advised on responding to antagonistic consumers.
 
Major General Litigation
 
  • Litigated Article 188(4) of the Securities Exchange Act, leading to adjudication of unconstitutionality of provision. 
  • Litigated in defense of claim for damages in connection to the delay of the System Integration Project. 
  • Litigated and established a Supreme Court precedent in connection to Article 65(2) of the Urban & Residential Environment Improvement Act.  
  • Litigated and established a Supreme Court precedent in connection to Article 29(2) of the Industrial Safety & Health Act.

Representative Activitiesshow

Publications/Activities
    • Lexology Getting the Deal Through - Environment 2022: Korea Chapter (Co-author, Law Business Research, 2021) 
    • Lexology Getting the Deal Through - Climate Regulation 2022: Korea Chapter (Co-author, Law Business Research, 2021) 
    • International Comparative Legal Guide to Environmental, Social & Governance 2022: Korea Chapter (Co-author, Global Legal Group, 2021)
    • Global Legal Insights – Pricing & Reimbursement 2019: Korea chapter (Co-author, Global Legal Group, 2019) 
    • Getting the Deal Through – Pharmaceutical Antitrust: Korea chapter (Co-author, Law Business Research, 2018) 
    • The Scope of Copyright Protection for Computer Programs (LL.M. Thesis, 1998.5.)

Education

    University of Pennsylvania Law School (LL.M., 1998)

    Judicial Research and Training Institute of the Supreme Court of Korea (1990)

    College of Law, Seoul National University (B.A., 1987)

Qualifications

    Patent Attorney, Korea, 2008

    Admitted to bar, Korea, 1990

Languages

Korean, English and Japanese (read only)

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Kyung Shik ROH
Attorney


T. +82-2-3703-1126      
F. +82-2-737-9091/9092
     


  




Kyung Shik Roh is an attorney at Kim & Chang. Mr. Roh is a pivotal leading member of Kim & Chang’s Life Sciences and Healthcare Practice. His practice focuses primarily on the Life Sciences and Healthcare industry encompassing pharmaceuticals, medical device, foods, cosmetics, animal health products, crop protection, seeds, and public health care sectors. He also advises on matters involving the construction industry, corporate governance, intellectual property, litigation, and product liability/consumer claims.

Before joining the firm, Mr. Roh served as a district court judge for nine years. During his tenure as a judge, he gained extensive experience in a wide range of matters in litigation. Reflecting on his varied experience as a judge, Mr. Roh has a broad practice in civil litigation and general corporate matters at Kim & Chang. In his civil litigation practice, Mr. Roh specializes in health care, product liability, consumer claims, and real estate. His litigation strategies and leadership capabilities have led to the establishment of case precedents, changes to existing precedents, and adjudication from the Constitutional Court on the unconstitutionality of laws.

As a member of the firm's Litigation and Life Sciences and Healthcare Practice, Mr. Roh's representative work in recent years includes representing pharmaceutical companies in the civil, administrative, and FTC cases. In particular, his representation of a major pharmaceutical company in an administrative lawsuit has established important leading precedents, including giving companies standing to sue regulators on drug pricing issues. Thereafter, his success in around 20 drug pricing related litigations has led Mr. Roh to be recognized as one of the preeminent specialists in the health insurance and reimbursmenet pricing arena. Furthermore, Mr. Roh’s public oral argument before the plenary session of the Supreme Court regarding the heated debate over the legitimacy of voluntary uninsured payment for medical treatment successfully overturned an existing precedent, helping to restore the medical service industry’s reputation.

In addition to Mr. Roh’s extensive litigation experience, he also has equal knowledge and experience in advising clients on issues that arise in various business situations, including investigations by government agencies, administrative measures, and disputes with distributors.

Mr. Roh received an LL.M. from the University of Pennsylvania Law School in 1998 and a B.A. from the College of Law, Seoul National University in 1987. He also attended the Judicial Research and Training Institute of the Supreme Court of Korea in 1990. He is admitted to the Korea bar and Korea Patent bar.






    Kim & Chang (2002.3.-Present)

    Member, Policy Committee, Ministry of Justice, Policy Committee (2005)

    Judge, Seoul District Court (2001.3.-2002.2.)

    Judge, Suwon District Court (2000.3.-2001.2.)

    Judge, Miryang District Court (1998.7.-2000.2.)

    Judge, Choongju District Court (1997.3.-1998.6.)

    Judge, Eastern Branch Court of the Seoul District Court (1995.3.-1997.2.)

    Judge, Seoul District Court (1993.3.-1995.2.)

    Military Prosecutor, Republic of Korea Air Force (1990.2.-1993.2.)






Major Litigation in Pharmaceutical, Medical Devices, Cosmetics, Foods, Agro-livestock, and Medical Service Sectors
 
  •   Litigated voluntary uninsured payment related case before a plenary session of the Supreme Court, resulting in overturning an existing precedent. 
  •   Litigated against Korea Fair Trade Commission’s sanctions imposed for selective medical service fees.
  •   Litigated Korea’s first ever case to vacate government’s notification on reductions to insurance reimbursement drug pricing.
  •   Litigated case to vacate reduction to drug pricing under actual transaction pricing system. 
  •   Litigated Korea’s first ever case to vacate change to insurance reimbursement standard.
  •   Litigated case to vacate reduction to ceiling amount for medical devices.
  •   Litigated case to vacate revocation of drug price under raw material synthesis exception.
  •   Litigated case to vacate reduction to drug price under drug price re-evaluation system.
  •   Litigated case to vacate reduction to drug price under adjustment application system.
  •   Litigated case involving product transfer.
  •   Litigated patent case involving selection invention.
  •   Litigated in defense of pharmaceutical product liability claim. 
  •   Litigated in defense of seeds product liability claim.
  •   Litigated case to vacate administrative sanction for labeling and advertising violations. 
 
Major Legal Consultation and Advice in Pharmaceutical, Medical Devices, Food, Agro-livestock ,and Medical Service Sectors
 
  •   Advised clients during Korea Fair Trade Commission’s first, second and third rounds of investigations into the pharmaceutical industry for unfair trade practices.
  •   Advised clients during Korea Fair Trade Commission’s investigations into patent abuse.
  •   Advised clients during illegal rebate investigations under the dual punishment system.
  •   Advised on establishing a global compliance standard of practice for multinational pharmaceutical companies.
  •   Advised on new medical technology evaluations of medical devices.
  •   Advised on new drug listings.
  •   Advised on regulatory matters in connection to M&As.
  •   Advised on execution of licensing and distribution agreements.
  •   Advised on termination of co-promotional and distribution agreements.
  •   Advised clients on responses and defenses against administrative measures for violations of the Pharmaceutical Affairs Law and Medical Device Act.
  •   Advised on resolving product liability disputes involving pharmaceuticals, medical devices, foods and cosmetic products.
  •   Advised clients on responses and defenses against the reduction of ceiling reimbursement price under medical device cost investigation.
  •   Advised on side effects in connection to clinical trials.
  •   Advised on foreign substances in products.
  •   Advised on responding to antagonistic consumers.
 
Major General Litigation
 
  •   Litigated Article 188(4) of the Securities Exchange Act, leading to adjudication of unconstitutionality of provision. 
  •   Litigated in defense of claim for damages in connection to the delay of the System Integration Project. 
  •   Litigated and established a Supreme Court precedent in connection to Article 65(2) of the Urban & Residential Environment Improvement Act.  
  •   Litigated and established a Supreme Court precedent in connection to Article 29(2) of the Industrial Safety & Health Act.





Publications/Activities

  •   Lexology Getting the Deal Through - Environment 2022: Korea Chapter (Co-author, Law Business Research, 2021) 
  •   Lexology Getting the Deal Through - Climate Regulation 2022: Korea Chapter (Co-author, Law Business Research, 2021) 
  •   International Comparative Legal Guide to Environmental, Social & Governance 2022: Korea Chapter (Co-author, Global Legal Group, 2021)
  •   Global Legal Insights – Pricing & Reimbursement 2019: Korea chapter (Co-author, Global Legal Group, 2019) 
  •   Getting the Deal Through – Pharmaceutical Antitrust: Korea chapter (Co-author, Law Business Research, 2018) 
  •   The Scope of Copyright Protection for Computer Programs (LL.M. Thesis, 1998.5.)





Education

    University of Pennsylvania Law School (LL.M., 1998)

    Judicial Research and Training Institute of the Supreme Court of Korea (1990)

    College of Law, Seoul National University (B.A., 1987)


Qualifications

    Patent Attorney, Korea, 2008

    Admitted to bar, Korea, 1990


Languages
  •    Korean, English and Japanese (read only)





Life Sciences and Healthcare ,  Environment ,  Litigation ,  Construction & Engineering Disputes ,  Intellectual Property ,  Product Liability & Consumer Claims ,  Intellectual Property Dispute ,  Serious Accidents Punishment Act ,  Corporation Law