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Yulchon has a broad and longstanding experience in advising on matters of administrative law for its clients. This includes representing clients in administrative adjudications and litigations relating to administrative measures taken by the Korean central and local governments.

The continued growth of the Korean economy has meant that administrative disputes are not only increasing in number but are also arising in new areas and requiring ever more specialized advice. Yulchon has successfully represented its clients in many such disputes including projects involving urban improvement and development, city planning facilities, housing, development of industrial complexes and harbor facilities, and private investments. In particular, Yulchon is renowned for its expertise in indemnification-related disputes such as those dealing with development impact fees, compensation for land, loss indemnification, and other compensation, in addition to cases that involve discussions of the rights and responsibilities that come from the title of a public official.

Yulchon’s experience extends to disputes that concern public corporations, establishments, and properties, and social security administration among other subjects in social benefit administration.

Yulchon’s Administrative Disputes Team comprises of attorneys who have held distinguished positions within the Korean judiciary. It includes the former Chief Judicial Researcher in the Supreme Court, former presiding judges of high courts and administrative divisions of district courts. These distinguished professionals work with the wider members of the Administrative Disputes Team to ensure that clients receive not only the best advice but also a practical result.

Major Practice Areas

  • Authorization for national land planning, city planning, construction businesses, and private businesses

     - Advice on obtaining appropriate authorizations and approvals
     - Representation in administrative adjudications and litigations appealing to the issuance or denial of
       authorizations

 

  • Disputes between private and public corporations

     - Advice on related laws such as the Act on Contracts to which the State is a Party, the Act on Contracts
       to which a Local Government is a Party, and the Act on the Management of Public Institutions
     - Legal counseling for bidding in projects run by public corporations, and representation in related civil
       and administrative litigations
     - Representation in administrative adjudications and litigations appealing to unfavorable dispositions
     - Representation in administrative litigations involving various public relations

 

  • Disposition and indemnification (development impact fees, compensation for acceptance, loss indemnification, and other compensation)

     - Advice on the disposition of indemnification and representation in administrative adjudications and
       litigations appealing to such a disposition
     - Representation in issuing an indemnification claim
     - Representation in administrative adjudications and litigations appealing to the order of indemnification
       or refusal of indemnification

 

  • Rights and responsibilities of a public official or laborer

     - Representation in administrative adjudications and litigations appealing to unfavorable dispositions
       such as disciplinary actions and dismissal

 

  • Disclosure of information held by government

     - Representation in a claim for the disclosure of information
     - Representation in administrative adjudications and litigations appealing to the disposition of the
       disclosure of information or refusal to disclose

Administrative dispute related to the authorization of development projects

  • Successfully represented an intervening company designated as the project operator in an administrative litigation seeking the cancellation of the disposition that authorized the execution of a non-supervisory port construction project intended for the construction of a harbor
  • Represented an applicant in an administrative litigation requesting for the rejection of the authorization for a liquefied petroleum gas business in Jeju Island
  • Successfully represented an intervening company designated as the project operator in an administrative litigation seeking the cancellation of the disposition that authorized the construction of an agricultural industrial complex specified for ship-building purposes
  • Successfully represented a project operator in an administrative litigation seeking the cancellation of the disposition rejecting a large-scale commercial lot as required by the remodeling of a market
  • Successfully represented the State in an administrative litigation, arguing in favor of the authorization of the Four Rivers Project
  • Successfully represented a business in a litigation seeking the cancellation of the disposition that rejected the extension of a period during which a commercial building of the contributed acceptance nature could be used free of charge
  • Successfully represented a project operator in cases the key issue of which was the effectiveness of the dispositions that authorized the establishment of a union in an urban improvement project, and disposal of a management plan
  • Successfully represented a project operator in cases the key issues of which were the effectiveness of the rezoning disposition of an urban development project as well as the disposition that authorized the establishment of a development union

Administrative dispute pertaining to business regulations and other dispositions

  • Successfully represented a business applying for a building permit in a claim for an administrative adjudication in which the applicant sought the cancellation of the revocation of a building permit for a skyscraper
  • Successfully represented a broadcasting business in an administrative litigation by which it sought to cancel or annul the disposition approving the amendment of the largest investor for the broadcasting business
  • Represented an operator of private investment projects in an administrative adjudication seeking the cancellation of supervisory orders such as restructuring of the project operator’s capital
  • Represented lenders in an administrative litigation seeking to cancel the disposition of business suspension
  • Represented a company in administrative litigations seeking the cancellation of sanctions on unlawful businesses
  • Successfully represented a company in an administrative litigation seeking the cancellation of the disposition limiting its involvement in national projects

Advice on major development projects

  • Advised on administrative issues that occur in relation to the preparation, authorization, execution of urban development/improvement/planning facilities projects
  • Advised on the tender for projects commissioned by the State, local governments, and public corporations
  • La police administrative en droit français, Kyung-in Publishing Co. (in Korean; 2014) 
  • A Study on Automatic Condemnation, Administrative Law Journal, vol. 34. (in Korean; 2012) 

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