In the '2024 Korea’s Top 100 Lawyers' researched by Asia Business Law Journal, 17 lawyers from Lee & Ko have been selected.

The list of Korea’s Top Lawyers selected from Lee & Ko is as follows:

Banking & Finance: Jin Hong Kwon, Woo Young Jung

Capital Markets: Hyunjoo Oh, Jin Hong Kwon

Competition/Antitrust: Yong Seok Ahn, Hwan Jeong

Corporate/M&A: Sanggon Kim, Kyu Wha Lee, Hyeong Gun Lee

Dispute Resolution: Arbitration: Jinyoung Jung

Dispute Resolution: Litigation: Won Seok Ko

Dispute Resolution: White-Collar Crime: Yong Seok Park

Employment: Sang Hoon Lee

Insurance: Jin Hong Kwon, Jinyoung Jung

IP: Jae Hoon Kim

Projects & Energy: Hun Ko, Dong Eun Kim

Shipping: Jinyoung Jung, Woo Young Jung

TMT: Hwan Kyoung Ko, Kwang Bae Park, Hyeong Gun Lee

Asia Business Law Journal (ABLJ), an Asian regional law magazine, conducts research on thousands of domestic and foreign in-house counsel as well as lawyers at international law firms to select the Top 100 lawyers in Korea every year.

2024.11.29

Awards Ranking

Lee & Ko Recognized as Korea Firm of the Year in Two Categories at the 2024 Asia IP Awards

Lee & Ko has been honored with two prestigious accolades at this year’s Asia IP Awards, held in Manila on November 17, named the ‘Korea Patent Contentious Firm of the Year’ and the ‘Korea Trademark Prosecution Firm of the Year’. This achievement marks a milestone as the first Korean law firm to win in two categories at the Asia IP Awards and a testament to the outstanding performance of our IP Practice Group once again.

Drawing upon a deep understanding of cutting-edge technologies and a strong foundation in legal reasoning, Lee & Ko’s IP Practice Group has a proven track record of achieving optimal outcomes in advising and representing clients in domestic and international patent disputes. The Group provides clients with one-stop services across a broad spectrum of IP-related industries, including medicine, biotechnology, chemistry, semiconductors, electrical and electronic engineering, secondary cells, machinery, gaming, and entertainment. In response to international patent disputes in the U.S., Europe, Japan, and beyond, its efforts prioritize serving legal services tailored to clients through a robust network of leading global law firms. Beyond litigation, the Group is dedicated to offering an elevated level of support to deliver full-cycle solutions for patent and trademark matters, from the discovery and registration of patent and trademark rights to portfolio management.

The Asia IP Awards honor the best law firms from around the region for demonstrating the highest standards in trademark, patent, and copyright work over the last year. The winners are selected from a shortlist of five law firms by votes of more than 5,000 in-house counsels worldwide.

2024.11.21

Seminar/Event

Seminar on ‘Commercial Arbitration and Enforcement – Recent Trends and Key Issues in Singapore, Thailand, Indonesia, Korea and China (and Hong Kong) for In-house Lawyers’

Lee & Ko, in collaboration with Herbert Smith Freehills (HSF) and the In-House Counsel Forum (IHCF), hosted a seminar on ‘Commercial Arbitration and Enforcement – Recent Trends and Key Issues in Singapore, Thailand, Indonesia, Korea, and China (and Hong Kong) for In-house Lawyers’ on November 21, 2024.

The event offered a comprehensive overview of arbitration issues across various Asian jurisdictions and provided an opportunity for networking during a subsequent dinner event.

The seminar featured presentations from Lee & Ko’s attorneys Saemee Kim, Hyunyang Koo, and Yun A Kang, along with HSF’s attorneys Warathorn Wongsawangsiri, Daniel Chia, and Debby Sulaiman. These experts discussed key issues, arbitration strategies, and enforcement challenges that companies face when resolving disputes through arbitration in major Asian countries. The session provided invaluable insights into the international arbitration landscape in Asia, analyzing practical challenges and considerations for in-house counsels and professionals dealing with cross-border disputes. Following the presentations, the diverse group of experts participated in the subsequent networking dinner, offering attendees the opportunity for direct engagement and fostering in-depth discussions on dispute resolution strategies.

The seminar underscores Lee & Ko’s ongoing commitment to guiding clients through the complex, global practice of commercial dispute resolution and international arbitration, ensuring effective solutions to complex disputes across the Asia-Pacific region.

2024.11.21

Seminar/Event

Seminar on 'Exploring Legal and Policy Support Measures for Space Security and the Development of the Space Industry'

On November 12, KASS (Korean Academy of Space Security) and Lee & Ko successfully co-hosted the seminar titled ‘Exploring Legal and Policy Support Measures for Space Security and the Development of the Space Industry.’ KASS is a specialized research institution designated by the NIS (National Intelligence Service) for space security studies.

Lee & Ko established its Aerospace Team in February 2024, in preparation for the establishment of KASA (Korea AeroSpace Administration) on May 27, 2024. This seminar was the first event organized by the newly formed Aerospace Team at Lee & Ko and featured a diverse array of participants from the government, including KASA, political circles, embassies, academia, industries, and policy research institutes, marking it as a notable gathering within the aerospace industry.

The seminar commenced with an opening address by Managing Partner Sanggon Kim of Lee & Ko, followed by a welcoming address from Jae-woo Lee, President of KASS (delivered by Vice President Yong-ik Byun), and congratulatory remarks from National Assembly Member Chun-ho Seo and Vice Administrator Kyungwon Roh of KASA.

In Session 1, Seong-hwan Choi, Specialty Fellow at Hanwha Systems, presented on ‘Legal Issues in Space Security and the Space Industry.’ He addressed notable disputes in the space industry, cases urgently requiring the application of space law, the current status of space debris removal technologies, space minerals, and space insurance.

Session 2 featured a presentation by Attorney Yikang Kang of Lee & Ko, on ‘Securing Legal Stability in Aerospace Technology Development.’ She introduced specific criteria for recognizing technology independence, advising aerospace companies to consider these standards in their research and development efforts.

In Session 3, Attorney Kwangik Son of Lee & Ko discussed ‘Legal Issues and Countermeasures in Aerospace R&D Projects.’ He outlined the anticipated legal issues in agreements and contracts related to aerospace technology research and development.

Session 4 was led by Attorney Sunghee Chae of Lee & Ko with a presentation titled ‘The Structure and Issues of Space Norms in the New Space Era.’ She explained the framework of international space law, Korea’s space-related regulations, and legal issues in space law, including launch, registration, resource exploration, and space debris.

During the panel discussion, Vice President Il Seok Oh of KASS served as the moderator, with participation from Colonel Hyun-seok Jeon of the Korea Association for Space Technology Promotion, Professor Jung Sik Um of the Republic of Korea Air Force Academy, Vice President Jintae Derek Yoo of LIG Nex1’s Space Business Division, and CEO Jae-Pil Park of NARA SPACE. The panel engaged in lively discussions on policies and legislative efforts related to Korea’s space security and industry.

The Aerospace Team at Lee & Ko currently consists of 13 members, with plans for further expansion. The team provides comprehensive services on regulatory issues, public contracts, legislative consulting, intellectual property, and international trade within the aerospace sector.

2024.11.12

Seminar/Event

Seminar on 'Changes to IP Landscape and How to Respond'

On November 11, 2024, Lee & Ko held the seminar titled ‘Changes to IP Landscape and How to Respond’ to celebrate 10-year anniversary of Lee & Ko Fall Seminar Series. The Seminar Series by Lee & Ko has now firmly established as the go-to event for legal industry to learn and discuss the latest trends in IP industry, spanning patent, trademark, copyright, trade secrets, and unfair competition.

For the first session, Mr. Jae Woo Kwak delivered talks for the Latest IP Trends Session, focusing on latest case precedents on punitive damages with recent amendment thereof. For the second session on Trade Secrets, Mr. Hong Seon Kim got up on the podium to discuss ‘responsive strategies for Legal Professional to Protect Company Technology.’ For the third session on Dispute Resolution, Mr. Hayoun Chun discussed utilization of various legal proceedings for IP enforcement.

Lee & Ko IP Group boasts over 130 professionals with expertise in various aspects of IP. In particular, former IP High Court judges and IPTAB examiners can provide invaluable advice to stakeholders, and most of the Group’s professionals has advanced degrees in science and technology to provide the most effective and prompt legal services in global IP disputes and advisory works alike.

2024.11.11

Awards Ranking

ALB Korea Law Awards 2024 Recognizes Lee & Ko in 5 Categories, Including 'Litigation Law Firm of the Year'

Lee & Ko won in total five categories in the ALB Korea Law Awards 2024, and has proven its potential as a leading law firm in Korea.

In the Firm category, Lee & Ko was awarded “Litigation Law Firm of the Year” and “Energy and Resources Law Firm of the Year”. In the individual categories, Lee & Ko attorney Daehoon Koo (Corporate and M&A Practice Group) and attorney Hyunjoo Oh (Capital Markets Group) were selected as "Dealmaker of the Year" and "Woman Lawyer of the Year," respectively. The firm was also awarded "Project Finance Deal of the Year" in the deal categories.

First of all, in the Firm categories, under which the best law firm in Korea is selected for each specialized area, Lee & Ko was awarded in two areas: “Litigation Law Firm of the Year” and “Energy and Resources Law Firm of the Year”. These awards highlight its long-standing achievements in assisting clients across various industries with all aspects of energy and resources-related issues, including not only energy and resource-related transactions but also regulatory, dispute, and trade matters amid the ongoing shift towards sustainable energy. Notably in the litigation field, the firm stood out by being selected as the Law Firm of the Year for the second consecutive year. It received high praise for successfully handling high-profile cases, including the injunction related to the selection of a preferred bidder for a major defense contract, the case seeking an injunction to prevent the government from enforcing a policy to increase medical school enrollment quotas, and the criminal case involving high-level executives at Korea’s largest cryptocurrency exchange.

Furthermore in the individual categories, attorney Daehoon Koo (Corporate and M&A Practice Group) was selected as “Dealmaker of the Year” and attorney Hyunjoo Oh (Capital Markets Group) was selected as “Woman Lawyer of the Year”. Mr. Koo was recognized for his achievements in successfully closing various deals despite the recent downturn in the M&A market. These include advising on CJ Olive Young’s investor exit through a treasury stock acquisition, the sale of shares in SSG.com, LG Chem’s establishment of a joint venture with Eni S.p.A., as well as the sale of listed companies including MEDIANA and AP Satellite, the cross-border sale of Sealtech, Farm Hannong’s sale of chemical business, the public tender offer for BusinessOn, acquisitions and/or investments in Elogen, Convion, DeepX, and Lotte Aluminum’s vertical spin-off. Meanwhile, Ms. Oh, with 26 years of experience in the capital markets field, currently serves as the co-head of Lee & Ko’s Financial Regulatory Team. In February of this year, she became the first female partner to be appointed as member of Lee & Ko’s Management Committee, marking her active participation in the firm’s leadership.

In the deal category, the firm demonstrated its outstanding capabilities by winning the “Project Finance Deal of the Year” award. This recognition was for its role in advising on the USD 860,000,000 project financing transaction by ECOPRO GLOBAL HUNGARY ZRT, a Hungarian subsidiary of ECOPRO BM Co., Ltd. for the construction of an electric vehicle battery plant in Hungary.

ALB Korea Law Awards is one of the awards ceremony in the legal sector hosted by Asian Legal Business (ALB), an affiliate of Thomson Reuter, a prestigious legal professional media in Asia. ALB Korea Law Awards evaluates deals and in-house transactions based on materials submitted by each law firm.

2024.11.08

Press & Releases

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[Korea Economic Daily] "No Obligation to Directly Employ Toll Collectors"… First Victory for Operating Companies, Led by the Legal Representation through Lee & Ko

On December 1, 2024, the Korea Economic Daily reported on a notable victory by the Employment & Labor Team of Lee & Ko, regarding the complex issue of whether an operating company is obligated to directly employ toll collectors, who were not direct employees but subcontracted workers. The article stated, "The 17th Civil Division of the Suwon District Court fully dismissed the claims of 22 former toll collectors from a private highway operator (Company A) in a labor-related lawsuit filed against Company A on the 2nd of last month." The ruling is significant as it marks the first court decision affirming that private highway operators have no obligation to directly employ toll collectors affiliated with subcontractors. This outcome diverges sharply from a Supreme Court ruling in April of last year and is expected to set an important precedent for disputes involving worker dispatch relationships.

In connection with the case, Jae-in Noh, an attorney from Lee & Ko’s Employment & Labor Team who represented Company A, commented, "In dispatch cases, it was crucial to demonstrate that the “substance” of the contractual relationship, as evidenced by emails, text messages, and KakaoTalk messages exchanged between the parties, takes precedence over “formalities” such as contracts and task orders.

2024.12.01

[Hankyung Business] Sang Gon Kim, Managing Partner of Lee & Ko, “Aiming to Maintain Top Competitiveness with its Increased Standing in Criminal Cases” [2024 Korea’s Best Law Firms & Lawyers]

On November 26, 2024, Hankyung Business featured an interview with Sang Gon Kim, Managing Partner of Lee & Ko. The article highlighted that “Lee & Ko maintained its position as the second-highest revenue law firm last year, following Kim & Chang,” and added, “A traditional powerhouse in M&A, Lee & Ko has been increasing its presence in criminal trials this year, successfully resolving high-profile cases with significant corporate legal risks, including securing acquittals in cases involving the chairman of Hanssem for violating the Fair Trade Act and the chairman of SPC for breach of trust.” In the interview, Mr. Kim further elaborated, “Next year’s goal is to maintain our top competitiveness,” and “through expansion and specialization, we’re committed to devoting all necessary efforts to ensure that all our specialized teams can maintain the industry-leading competitiveness, while successfully navigating generational transitions,” he added.

2024.11.26

[Seoul Economic Daily] Major Law Firms Turn to Overseas Markets amid Domestic Stagnation

On November 26, 2024, Seoul Economic Daily reported on Lee & Ko’s recent move to expand into overseas markets. The article noted, “Major domestic law firms are focusing on international expansion, with Lee & Ko also working to establish a liaison office in Kazakhstan,” further explaining, “This strategic move aims to secure a strong foothold in the local legal market, capitalizing on the influx of Korean conglomerates such as Samsung, LG, and Hyundai Motor, which have relocated to Kazakhstan following their exit from Russia due to the aftermath of the war.”

2024.11.26

[KBIZNEWS] [ESG Column] What is good corporate governance?

On November 25, 2024, an article ‘What is good corporate governance?’ by research fellow (Ph. D) Suyeon Kim was published in KBIZNEWS. In the article, she stated “a good corporate governance system is an important requirement for the long-term success of a company. Unfortunately, we tend to overgeneralize certain structural features as good corporate governance without regard to company’s size, industry, or characteristics.” Dr. Kim emphasized, “when evaluating corporate governance, it is necessary to consider the quality of corporate governance (such as leadership quality, board oversight, culture, and incentives) as well.”

2024.11.25

Deals & Cases

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BNK Financial Group Accountability Structure Project

In accordance with the implementation of “Responsibilities Map” under the amendment to the Act on Corporate Governance of Financial Companies of Korea, Lee & Ko provides advice on legal coherence for the BNK Financial Group as well as the subsidiaries of the BNK Financial Group with an aim to prepare or improve executives’ accountability statements, accountability systems, and management measures to fulfill their internal control and management obligations. As a large-scale compliance project at the financial group level, this project is of a great significance as a compliance project with respect to financial holding companies that control and encompass various business sectors such as banks, securities companies, and asset management companies. This project is a leading case to ensure reasonable and appropriate performance of duties on the part of senior management by referring to the UK’s Senior Management & Certification Regime.

2024.06.30

Successfully defended an injunction to prevent the government from enforcing a policy to increase a nationwide annual enrolment quota for medical schools

In May 2024Lee & Ko successfully represented the Ministry of Education(“MOE”) and the Ministry of Health and Welfare(“MOHW”), in the injunction case filed by professors and students of medical schools.

Faced with shortage of doctors, MOE and MOHW announced a policy to increase the annual enrolment quota for nationwide medical schools from 3,000 to 5,000 starting in 2025. In response to the government's policy, the medical students refused to attend classes and the doctors left the hospitals. In March 2024, Medical school professors and students applied for an injunction to prevent the government from enforcing the policy, arguing that the excessive increase in enrolment quota would seriously impede medical education.

The trial court dismissed the case finding that the plaintiffs lacked standing to apply for the injunction in March 2024. However, the appellate court ordered the MOE and MOHW to submit evidence supporting the increase of the enrolment quota by 2,000. Given the significance of the matter, the MOE and MOHW retained Lee & Ko. Lee & Ko argued that the court should refuse to grant the injunction as the government sufficiently consulted with the medical community and the policy was essential for public welfare. In May 2024, after a thorough review of the records, the appellate court determined that the plaintiffs did have standing to file the lawsuit. However, the appellate court did not grant the injunction because granting the injunction would have a significant impact on public welfare.

The government's policy to increase the enrolment quota for medical schools was the most talked-about issue this year. As the decision acknowledges that the government's policy is essential for public welfare, it will assist the government in further pursuing its policy.

2024.05.31

The first case regarding the validity of an administrative order that cancelled a private investment business in the name of the public good

On behalf of Ilsan Grand Bridge Corp (“IGB”), Lee & Ko secured a winning award against Gyeonggi Province (the “Province”) in November 2022 in a lawsuit. The Appellate court also dismissed the appeal filed by the Province in May 2024.

IGB, a corporation established under the Act on Public-Private Partnerships (“PPP”) in Infrastructure (the “Act”) completed construction of Ilsan Bridge in 2008. The Province issued a business license granting IGB to manage the Ilsan Bridge for 30 years on the condition that IGB would transfer the title of the bridge to the Province after 30 years (According to IGB’s estimates, its expected profits from managing the Bridge until 2038 was USD 636 million). However, dissatisfaction among commuters grew as they needed to pay tolls to use the bridge. Around October 2021, the Province executed an administrative order to cancel IGB’s rights in the name of the public good and abolished the tolls.

Lee & Ko persuasively argued that even if the Province may cancel IGB’s business license under the Act, such administrative order must show that the public interest outweighs IGB’s right to a business license. Agreeing with Lee & Ko’s arguments, the court found that the administrative order lacked a clear public interest to revoke IGB’s rights and canceled the administrative order in November 2022. The Appellate Court affirmed the lower court’s decision in May 2024.

This case was the first case regarding the validity of an administrative order under the Act on which criteria the administrative order could be justified in the name of the public good, and thus will likely serve as an important precedent for the PPP projects.

2024.05.24

Securing a series of wins in a patent dispute involving the rare disease treatment Soliris®

On behalf of Samsung Bioepis, Lee & Ko’s Intellectual Property Practice Group prevailed in patent invalidation and infringement actions relating to Soliris®, paroxysmal nocturnal hemoglobinuria treatment, thereby enabling Samsung Bioepis to launch its biosimilar on an earlier schedule.

Soliris® is a rare disease treatment developed by Alexion Pharmaceuticals (“Alexion”), a U.S. pharmaceutical company, and is an extremely expensive drug with annual costs borne by each patient reaching KRW 500 million (approx. USD 363,100). Alexion, the patentee, held two registered patents for Soliris®, of which the composition patent expired in 2015, with only the use patent remaining at the time of the suit. Last June, Samsung Bioepis preemptively filed an invalidation action against the use patent, and in response, Alexion filed a patent infringement suit against Samsung Bioepis.

Lee & Ko argued that the priority claim of the asserted patent should be denied and that there was a lack of novelty and inventive step. The Intellectual Property Trial and Appeal Board (the “IPTAB”) agreed and invalidated Alexion’s patent. Alexion appealed the decision to the IP High Court, which affirmed the IPTAB’s decision, again siding with Lee & Ko’s arguments. With Alexis deciding not to file an appeal with the Supreme Court, the determination on the patent invalidity became final and conclusive. Samsung Bioepis also won in the patent infringement suit on the ground that the filing of the suit amounted to an abuse of patent rights based on an invalid patent.

Based on these wins, Samsung Bioepis obtained market approval for Epysqli®, a biosimilar of Soliris®, from the Ministry of Food and Drug Safety in January 2024 and successfully launched the product in Korea in April.

2024.04.25

Advising on the issuance by LG Electronics of overseas bonds in the amount of US$800 million.

Lee & Ko advised LG Electronics on the issuance of overseas bonds in the amount of US$800 million.

By way of this transaction, LG Electronics is back on track after a gap of 17 years and solidified its position in the Korean Paper market. The bonds were issued in three-year and five-year fixed rate bonds respectively divided into US$500 million and US$300 million, with the five-year bonds issued in the form of a sustainability bond.

LG Electronics, breaking surface in the issuer market after a long pause, was well received by global investors in Asia, the U.S., and Europe, leading to the additional interest rate (spread) being set at the rate that is approximately 40bp lower than the initial price guide (IPG). The managers involved, amongst others, were BNP Paribas, Citigroup, HSBC, JP Morgan, Korea Development Bank, and Standard Chartered Bank.

In this transaction, Lee & Ko provided LG Electronics with a comprehensive and in-depth advice on and around the overall issuance on the basis of its review of applicable laws and regulations related to issuance, relevant contracts and offering circular, and government approvals and licenses. Thanks to its expertise accumulated through many years of experience, Lee & Ko provided advice swiftly and accurately and significantly contributed to the seamless and successful closing of the transaction.

In addition to the issuance of LG Electronics’ overseas bonds, Lee & Ko has been widely recognized for its proven expertise by taking part in the mainstream transactions in the Debt Capital Market area, including but not limited to the transactions involving the issuance of overseas bonds in the amount of US$600 million for Mirae Asset Securities, US$1 billion for Hyundai Capital, US$1.4 billion for Korea National Oil Corporation, US$600 million for Korea Ocean Business Corporation, US$600 million for KB Kookmin Bank, and US$500 million for Korea Expressway Corporation in the first half of 2024.

2024.04.24

International Arbitration Team Successfully Defends the Korean Government in USD 200 Million ISDS Case Against U.S.-Based Private Equity Firm Mason

Lee & Ko successfully represented the Korean government in an investor-state dispute settlement (ISDS) proceeding initiated by the U.S.-based private equity firm Mason Capital L.P. and Mason Management LLC (collectively referred to as “Mason”). Lee & Ko’s International Arbitration team secured a favorable award for the Korean government, significantly limiting the liability to merely 16% of Mason’s original claim, which was worth approximately USD 200 million (around KRW 277 billion).

This dispute dates back to the 2015 merger between two Samsung Group affiliates, Samsung C&T Corp. and Cheil Industries Inc. Mason, a shareholder of Samsung C&T at the time, alleged in arbitration that the Korean government had unlawfully intervened and pressured the National Pension Service (NPS) to vote in favor of the merger. Mason claimed this intervention deprived them of the potential benefits from their Samsung C&T shares and sought USD 200 million in damages against the Korean government.

This high-profile ISDS case has drawn considerable media attention in the field of international arbitration due to its substantial claim amount, the involvement of multiple civil and criminal court cases, and the complex and challenging nature of the dispute, which spanned over five years since its initial filing in 2018. This case also notably involved a significant debate over the principle of fair and equitable treatment under the Korea-US FTA. This monumental and successful defense, culminating in a landmark decision, underscores Lee & Ko’s exceptional expertise in arbitration, accumulated from handling and representing the Korean government and other investors in various ISDS cases, the team’s meticulous examination of extensive documents, close cooperation with foreign law firms, and advanced legal acumen and strategic prowess in addressing multiple issues.

2024.04.11

Advising on Korean Air’s purchase of thirty three (33) A350 aircraft, the deal size approximately US$13.8 billion

Leading Korean law firm Lee & Ko have advised on Korean Air’s acquisition of a fleet of thirty-three (33) aircraft from Airbus SAS, comprising twenty-seven (27) units of A350-1000 model aircraft and six (6) units of A350-900 model aircraft. The aggregate value of the transaction stands at approximately US$13,700,000,000, which translates to approximately KRW18,173,000,000,000.

Lee & Ko have assisted the client from the outset of the transaction, advising on terms of the relevant legal documentation and related issues from a strategic and holistic perspective. Across a number of agreements, Lee & Ko provided instrumental advice in a timely fashion so that material issues could be identified and commercially appropriate solutions found for them by reference to Lee & Ko’s cumulative expertise and market knowledge.

Lee & Ko have provided forward-looking advice spanning multiple stages of the aircraft’s life beyond the initial purchase. Lee & Ko proactively identified issues which could potentially arise in the future, such as those concerning aircraft delivery or advance payments, and proposed commercially attuned solutions, thereby enhancing the client’s capacity to manage its commercial contracts and its relationships with important stakeholders and its capacity to anticipate and resolve issues ahead of time.

2024.03.21

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Research

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