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Yulchon’s Dispute Resolution Group is made up of highly respected professionals who have considerable experience of working in both the public and private sector. This means that they can tackle complex legal problems with an eye to delivering both a legal and pragmatic resolution.

In accordance with Yulchon’s general values the Dispute Resolution Group is focused on delivering legal services which demonstrate ‘commitment,’ ‘innovation,’ and ‘excellence.’ This is achieved by working in an organic manner whereby attorneys work cooperatively and draw on the widespread specialist expertise within Yulchon while remaining focused on obtaining the right result for the client.

In 2010, one of South Korea’s most respected newspapers, the Chosun Ilbo, conducted an investigation into cases before the Supreme Court to determine the respective success of each of the major 91 law firms. This investigation recognized Yulchon’s pre-eminence within South Korea and ranked Yulchon in the first place overall. Not only was Yulchon ranked first overall but it was also shown to be the most successful in having cases reversed and remanded.

Further, in a survey conducted in 2012 by Asian-Mena Counsel, a journal specializing in the Asian legal market, and based on feedback from in-house lawyer and executives in the Asian Pacific region in 2012, Yulchon’s Dispute Resolution Group was selected as the In-House Community Firm of the Year with other groups within the firm such as Fair Trade, Project Financing, Real Estate, and Tax receiving similar recognition.


Major Practice Areas

 

       
  • Construction & Real Estate 
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  • International Litigation & Arbitration
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  • Rehabilitation and Bankruptcy 
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  • Labor and Employment Disputes
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  • Media and the Press
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  • Insurance
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  • Real Estate Finance 
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  • Commercial Affairs and Management
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  • Inheritance and Family Affairs
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  • Medical & Pharmaceutical Litigation 
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  • General Civil Disputes
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  • Securities Finance
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  • Maritime and Shipbuilding
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  • Administrative Dispute Resolution
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  • Constitutional Law
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  • Criminal Litigation
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  • Environment & Energy Disputes

Construction & Real Estate

  • Successfully represented unions, project developers, and contractors’ representatives in civil and administrative lawsuits arising out of various reconstruction/ redevelopment construction projects
  • Successfully represented a construction company in charge of the design and implementation of a Turn-key contract for an oil refining plant in the Middle East region in a dispute between it and other members of the consortium
  • Successfully represented a construction company in several civil litigations on parceling-out cancellation, discount parceling-out, etc. due to the false or exaggerated advertisements during the parceling-out process (Yeongjong district, Cheongna district, etc.)
  • Successfully represented a construction company in a claim for costs including the overhead cost incurred by extending the period for constructing a subway and railways

International Litigation & Arbitration

  • Represented a domestic local government in an ICC arbitration related to the cancellation of the privately-participated business enforcement agreement between the domestic local government and the foreign consortium
  • Represented a domestic broadcasting business operator in an UNCITRAL arbitration related to a license dispute between the domestic operator and a U.K. solution provider
  • Represented a domestic communications operator and a U.S. wireless communications company in an ICC arbitration related to a stock option contract dispute among the domestic operator, a U.S. wireless communications company, and an Indonesian media company 
  • Represented a domestic construction company in an U.S. ICDR arbitration related to a road construction project in Central Asia between the domestic construction company and a U.S. construction company

Company Rehabilitation and Bankruptcy

  • Advised on procedures related to rehabilitation, bankruptcy, restructuring, etc. for several companies at risk of insolvency 
  • Advised on matters related to rehabilitation procedures and bond reports to domestic financial institutions which were creditors to companies under rehabilitation or bankruptcy proceedings
  • Successfully led to a ruling that admitted the purchase of corporate bills by specific money trust fell under the category of granting of credit to which the Corporate Restructuring Promotion Act should be applied

Labor and Employment Disputes

  • Successfully represented a company in a lawsuit claiming that a dismissal had been invalid and forseverance pay and the claim for the payment of wages, raised by the workers who had been fired, and led to the Supreme Court decision that the layoff had been valid
  • Represented a company listed on the KOSDAQ in a lawsuit for confirming the invalidity of dismissal and the existence of rights to select achat boursier, raised against the company by the vice-president cum the registered director dismissed during his tenure, and successfully defended the company
  • Represented a company in a compensation suit against a labor union and its members who took the lead in an unlawful strike

Media and the Press

  • Represented a leading domestic shopping company in an administrative lawsuit related to a disposition approving the change of the largest investor of home shopping cable broadcasting business as a substantially related person, and won the case
  • Represented several industry leaders in cases related to an act of unfair indicated advertisement 
  • Represented a company providing various information on the internet, in lawsuits for claiming the payment of royalty or damages
  • Represented a person in a lawsuit claiming a correction report and indemnification to a broadcasting company which released a report defaming the person

Insurance

  • Initiated a lawsuit and an arbitration claiming the payment of reinsurance claims by a reinsurer, representing the original insurer in Director's & Officer's Liability Insurance
  • Initiated a lawsuit claiming the payment of export guaranty insurance related to the Refund Guarantee by a financial institution
  • Represented an insurance company in a lawsuit claiming the payment of defense costs of an executive who had been adjudicated on a criminal case

Real Estate Finance

  • Represented a commercial bank in a dispute surrounding a PF contract related to a development project of a huge shopping district located in Yongin City between the bank and the project developer
  • Advised for several disputes arising in large domestic public-auction PF business places
  • Represented private investors in a lawsuit claiming the payment of project fund and MRG in several SOC private investment projects
  • Advised and represented a real estate trust in various trust disputes arising in several real estate trust business places

Commercial Affairs and Management

  • Won the first and the second instances on behalf of the management in a lawsuit raised against a management in a domestic leading company by the Solidarity for Economic Reform claiming damages of more than KRW 100 billion due to the usurpation of corporate opportunity, etc.  
  • Represented company executives in a lawsuit raised by a labor union of a securities company affiliated with a leading domestic conglomerate claiming the payment of damages, and won the case
  • Represented an affiliate of a domestic conglomerate in a dispute surrounding a business transfer, the violation of Monopoly Regulation and Fair Trade Act, etc. between the affiliate and its partner
  • Represented an existing controlling shareholder in a management dispute of a conglomerate, led to an order of selling the shares by the Financial Supervisory Commission on the ground that the counterpart violated the duty to register a report after acquiring 5% shares, and successfully defended the disposition permitting the exercise of voting rights raised by the other party

Inheritance and Family Affairs

  • Obtained the first decision by the Supreme Court on the issue of the inheritance status of a son-in-law when all the other legal heirs died

Medical & Pharmaceutical Litigation

  • Led to a Supreme Court En Banc Decision on the exceptional requirement for the legal treatment of arbitrary uninsured benefits to be acknowledged including the medical necessity in a lawsuit for cancelling the disposition of penalty on the legal treatment of arbitrary uninsured benefits
  • Represented a multinational pharmaceutical company in a lawsuit claiming the cancellation of exclusive sales contract between the multinational pharmaceutical company and a domestic pharmaceutical company
  • Successfully represented clients including a domestic pharmaceutical company and a multinational pharmaceutical company in rebate criminal cases 
  • Represented a hospital in a lawsuit claiming the damages for physical infringement due to malpractice

General Civil Disputes

  • Successfully represented a trust bank in a lawsuit instituted by the government against a lottery service provider and the trust bank claiming damages of KRW 320 billion
  • Achieved a favorable settlement for the client (a commercial bank) in a compensation litigation raised by the bank against a domestic indemnity insurance company, a foreign reinsurance company, etc. [total 150 cases (40-50 borrowers per each case)] claiming the payment of KRW 140 billion regarding an auto-loan (a loan for car purchase)
  • Represented a domestic click-ad service provider which was a subsidiary of a foreign internet portal company, in a landmark case where it was found that, for the first time, that the service provider should not bear the indemnity burden due to unfair clicks
  • Carried out a lawsuit related to a contract money dispute between domestic leading public corporations surrounding the moving/installing expenses with regard to oil pipeline lay under a district near road

Securities Finance

  • Represented a commercial bank in a dispute between a leading domestic commercial bank and other companies regarding the famous disputes involving the derivatives called ‘KIKO’
  • Defended a bank in a claim for compensation initiated by a company claiming for losses it suffered due to the forward exchange transaction, and won the case
  • Represented banks in a lawsuit claiming the return of Kun-mortgage expenses, raised by clients who got loans from the banks by providing their real estates as securities, against the banks
  • Represented clients including a representative director of a domestic securities company in a case where the violation of the Capital Market and Financial Investment Business Act was the matter in concern related to the supply of Direct Market Access in an ELW (Equity Linked Warrant) transaction
  • Won a compensation suit initiated by an employee stock ownership association with regard to the issuance of bonds with attached warrants

Maritime and Shipbuilding

  • Advised on an arbitration case related to a FPSO building contract concluded by a leading domestic shipbuilding company
  • Represented a domestic shipbuilding company in a lawsuit applying for the injunction prohibiting the domestic disposition raised by a Greek shipbuilding company claiming a reduction in contract money regarding a shipbuilding contract between the domestic leading shipbuilding company and the Greek shipbuilding company
  • Advised on the procedure for limiting the responsibility of a ship-owner with regard to the oil-polluted Tae’an due to the clash of MT Hebei Spirit, etc. and a barge
  • Represented a domestic construction company in the merits, etc. regarding the clash between the shore protection in the Busan North Port and MV Giant Sea

Administrative Dispute Resolution

  • Represented an applicant for a construction permit in an administrative trial claiming the cancellation of the disposition rejecting the construction permit of a high-rise building, and won the case
  • Represented a permit applicant in an administrative litigation requesting the cancellation of the disposition not approving the Cheju liquefied petroleum gas project, and won the case
  • Successfully brought a lawsuit arguing that a city development plan abused its discretion 
  • Represented an applicant for extension in an administrative lawsuit claiming the cancellation of the disposition rejecting the application for extension of free use period regarding the parking lot use permit disposition and the city development plan decision and topographical map invalidation confirmation case, and won the case
  • Represented a company in an administrative lawsuit claiming the cancellation of the disposition levying penalty on an unfair trader, and won the case

Constitutional Law

  • Represented a claimant in a petition claiming that supplementary provisions of the Agricultural Land Act violated the Korean Constitution
  • Represented an applicant for a construction permit in a constitutional appeal on the decision limiting heights by the Administrative Adjustment Committee 
  • Represented a client in a petition claiming the violation of the National Land Planning and Utilization Act 
  • Represented a client in a right dispute between the Seoul municipal government and the Government

Criminal Litigation

  • Represented a client accused by the tax authority of having violated the Foreign Exchange Control Law while establishing a foreign subsidiary and having a commission-taking transaction, and resulted in a disposition not to institute a public action
  • Represented a representative director accused to have embezzled and neglected his duty during M&A with a company listed on KOSDAQ, and led to judgment of acquittal on several important charges
  • Represented a client in a case where an executive in a company was under indictment for having inflicted trade secrets by establishing another competitive company. This case was sentenced to be reversed and remanded in the Supreme Court, thereafter being acquitted
  • Represented a pre-candidate and a government official who were under indictment for violating the Public Official Election Act (regarding donation), and they were acquitted

Environment & Energy Disputes

  • Represented a holder of mining rights and a land owner in a lawsuit related to the prohibition of prospecting and mine digging for developing a gold mine, and won the case by proving the serious damages such as ground water exhaustion and land pollution
  • Represented a crane management company in a lawsuit regarding a crane clash due to typhoon Maemi, and won the case by proving that the clash was not merely a natural disaster but was also affected by the negligence of the crane manufacturer while manufacturing the crane
  • Represented the Korean government in an administrative lawsuit related to the permission of the Four Major Rivers Project, and won the case
  • Represented a domestic leading oil refining company in a lawsuit claiming the cancellation of an administrative disposition made by a chief of a regional government regarding the construction of an LNG production bas
more
  • Investment Arbitration and Parallel Proceedings, The Investment Treaty Arbitration Review (Second Edition), The Law Reviews (Co-Author) (2017) 
  • Corporate Law, Pakyoungsa (2017) 
  • Bad Faith Purchaser’s Claim for Indemnification for Breach of Representations and Warranties, Bak Young Co. (2016) 
more

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