The number of procurement projects initiated by central government institutions, local government institutions, and other public institutions (collectively, “Public Institutions”) continues to increase each year in addition to the number of private contractors specializing in business dealings with such Public Institutions. Although the legal characteristics of public procurement contracts are generally considered to be the same as those of commercial contracts between private parties, various differences appear to exist in practice and disputes between Public Institutions and private contractors are known to arise quite frequently. Such disputes may involve injunctive relief against the award of contracts through unfair bidding procedures, differences regarding due performance of contractual obligations, payment and liquidated damages, and sanctions as an inappropriate business entity for engaging in improper business practices during contract formation/performance.

Consequently, achieving favorable outcomes in such disputes will require attorneys with relevant expertise and knowledge who are capable of fully understanding the intricacies of public procurement laws in order to successfully navigate relevant legal issues and mold practical solutions.

Lee & Ko’s Public Procurement team includes numerous practitioners with extensive expertise and experience in advising clients on various legal issues related to public procurement and defense contracts. Our team offers a unique blend of experience, knowledge, skills and resources that is rarely found within a single law firm.

Expertise

Advice on various legal issues related to the interpretation of terms and conditions for the bidding process
Advice on various injunctive relief measures (e.g., enjoin designation as preferential negotiation partner) during the bidding process
Advice on various legal issues related to the interpretation of terms and conditions for public procurement contracts
Advice on payment of sums, liquidated damages, and other disputes related to performance of public procurement contracts and representation during related legal proceedings
Advice on sanctions as an inappropriate business entity and other measures restricting participation in the bidding process and representation during related legal proceedings
Advice on response for investigation of collusive practices and representation during related legal proceedings

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Major Cases

Obtainment of injunctive relief for bidding process related to the establishment of a transportation card system for the Seoul Metropolitan Subway
Obtainment of injunctive relief for bidding process related to the manufacture, supply, and installation of next generation taxi meters
Obtainment of injunctive relief for bidding process related to construction of high-speed broadband telecommunications network for the Gyeonggi Provincial Police Agency
Obtainment of injunctive relief for bidding process related to the selection of investment operation company to conduct infrastructure improvements for Wando County’s security lights
Obtainment of injunctive relief for bidding process related to the purchase of kitchen sinks for Daejon Gwanjeo 5A-2BL
Obtainment of injunctive relief for bidding process related to the School Net Project (Stage 3)
Advice related to bidding process for construction of enhanced wireless network (LTE-R) for Line No. 5 of Seoul Metropolitan Subway
Obtainment of injunctive relief for bidding process related to the School Net Project (Third Phase)
Obtainment of injunctive relief for project related to the construction of integrated information system and IT infrastructure for u-EXPO
Obtainment of injunctive relief for bidding process related to the construction of next-generation integrated system for local government administration/education/finance
Obtainment of injunctive relief for bidding process related to private sector energy project to use recycled steam from incineration plants in or around Cheongju
Advice on various legal issues related to bidding process for the selection companies for the lottery business (Stage 4)
Advice on improvement of bidding process for rail maintenance construction projects
Advice on possibility of exclusion as preferred negotiation partner
Advice on pharmaceutical procurement process for national hospitals
Advice on sanctions as an inappropriate business entity and representation during related legal proceedings
Advice on collusion during the bidding process and representation during related legal proceedings
Advice on bribery, fraud, and other criminal offenses related to public procurement contracts and representation during related legal proceedings

Key Contacts

Construction Government Contracts Corporate Real Estate Litigation & Arbitration Administrative Litigation International Arbitration Occupational Safety · Serious Accidents Construction Litigation

Chanik JANG

Partner

T +82-2-2191-3014

E chanik.jang@leeko.com

Government Affairs Administrative Litigation Government Contracts Defense Industry IP Litigation Entertainment Audit & Inspection Start-ups Constitutional Law Disputes Game · Sports · Entertainment AeroSpace

Jongseok LEE

Partner

T +82-2-772-4335

E jongseok.lee@leeko.com

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