Recent Developments

Lee & Ko hosted a seminar titled ‘Carbon Neutrality: Changes in the Carbon Emission Trading System and Corporate Response Strategies’ on Wednesday, June 25.

The seminar drew significant attention from executives and employees in charge of climate change, including companies, associations and public institutions. This heightened interest reflects expectations that climate response policies will be pursued with greater intensity under the newly inaugurated government.

The seminar, moderated by Lee & Ko advisor Hee-jong Yoon, began with welcoming address by senior advisor Youn-Seob Lee, followed by a speech by Denis Machnik, senior advisor at the Copenhagen Climate Center of the United Nations Environment Program (UNEP).

Ma-Roo Kim, Director of the Climate and Economy Division at the Ministry of Environment, stated, “We will develop and implement various alternatives to address operational challenges in Phase 4 of the Emission Trading System, which is scheduled to take effect on January 1, 2026."

Afterwards, in each session, See-hyung Lee, Director of the Carbon Neutrality Division at the Korea Chamber of Commerce and Industry, discussed the achievements, limitations, and future tasks from the introduction of the Emission Trading System. ECOEYE Sang-Sun Ha presented information on the trends of Article 6.4 of the Paris Agreement and strategies for promoting international reduction projects. Lee & Ko attorney Yun- Sung Kim outlined practical corporate measures for climate change response, including contract management and supply chain strategies.

Following the presentations, a lively question-and-answer session addressed specific concerns about the operational direction of Phase 4 of the Emission Trading System.

Lee & Ko’s Environment Team reaffirmed its commitment to supporting companies in achieving carbon neutrality and sustainable growth through proactive responding to climate change strategies.

Partner Chang Ho Seong of Lee & Ko’s Dispute Resolution Group has been named by Asian Legal Business (ALB) to its 2025 list of the Top 30 Litigators in Asia.

Having served as a judge for 24 years since 1999, Mr. Seong brings deep insight from his time on the bench, during which he presided over a broad spectrum of civil, criminal, and administrative cases across multiple court levels spanning the Seoul Central District Court, the Seoul High Court, and the Supreme Court. He now draws on his extensive judicial experience to provide clients with litigation and legal advisory services in response to disputes and provisional dispositions involving civil, criminal, corporate, construction, real estate, banking, securities, financial, administrative and intellectual property matters.

Among his recent selected representations, Mr. Seong successfully defended SPC Group Chairman Young-in Heo in a high-profile criminal case involving allegations of breach of trust under the Monopoly Regulation and Fair Trade Act, securing a full acquittal at the court of first instance — an outcome ultimately upheld by both the appellate court and the Supreme Court. He also obtained a full acquittal at the court of first instance on behalf of former Chairman Yang-ha Choi of Korean furniture company Hanssem in a criminal collusion case, which was subsequently dismissed on appeal. These achievements reaffirm his proven expertise and capacity in handling complex criminal and administrative litigation.

ALB Magazine, published by Thomson Reuters, is a leading legal publication in the Asia-Pacific region. In its June issue, ALB recognized the top 30 litigators in Asia who have delivered outstanding results in high-impact litigation across the region.
 

On June 17, 2025, Lee & Ko hosted a seminar on “Competition Law Trends & Precedents”. 

In the seminar, which was held both online and offline, Lee & Ko’s experienced and specialized antitrust and competition law experts and attorneys analyzed and explained the decisions and implications of major antitrust cases.

In the first session, former Director General of the KFTC, Senior Advisor Moo Jin Choi, gave a presentation on “Competition Law Enforcement Trends and Outlook.” During his presentation, Mr. Choi explained the expected policy direction and enforcement outlook of the KFTC following the new administration taking office after the presidential election, focusing on expected legislative changes to the Fair Transactions in Subcontracting Act (tightening regulations for the misappropriation of technology), Fair Transactions in Franchise Business Act, and bills aimed at regulating the monopolies of online platforms (e.g., Online Platform Act).  

In the second session, Mr. Byong Ki Chung presented “Collusion and Illegal Conduct Prohibited by Business Associations Case Precedent.” During the session, Mr. Chung discussed a Seoul High Court case in which the application of the Monopoly Regulation and Fair Trade Act was excluded on the grounds that the Korean Bar Association’s conduct constituted the exercise of public power, another Seoul High Court case where the court rejected the anti-competitiveness and unreasonableness of reducing duck meat production by taking into account the unique characteristics of agricultural and livestock products, and precedent on leniency applications involving collusion and additional cases of leniency applications.  

In the third session, Ms. Miji Lee introduced the topic of “Abuse of Market Dominance and Illegal Affiliate Transaction.” Ms. Lee explained a recent Supreme Court decision recognizing illegal affiliate support even though the ordinary but-for price was not precisely calculated and discussed practical considerations to be aware of when engaging in transactions between affiliates.

In the fourth and final session, Ms. Ji Yeon Kim introduced recent precedents related to the Fair Transactions in Subcontracting Act, Fair Transactions in Franchise Business Act, Fair Agency Transactions Act, and the Act on Consumer Protection in Electronic Commerce. Ms. Kim discussed a Fair Transactions in Subcontracting Act case in which a legitimate justification for an unreasonable reduction in payment was recognized, emphasizing the importance of inspection for prime contractors and the duty to provide notification. She also discussed a case where the Supreme Court for the first time clarified the meaning of “relevant sales amount,” the standard for calculating administrative fines under the Fair Transactions in Franchise Business Act. Specifically, Ms. Kim stressed the need for caution with respect to mandatory item violations in practice due to the KFTC’s recent focus on this issue, and because the current standards for determining the relevant sales amount, may result in significantly larger administrative fines.

Lee & Ko successfully co-hosted a seminar on ‘Directions and Challenges for REITs and Project Financing to advance the Real Estate Industry’ with Ministry of Land, Infrastructure and Transport (MOLIT).

Moderated by Lee & Ko attorney Jee In Kim, the seminar opened with welcome remarks by Senior Advisor Sun Ho Park, followed by an introduction to Lee & Ko by foreign attorney Lachlan Barth.

In the first and second session, MOLIT provided presentation on the introduction of Project REITs and PF information system along with key updates to key updates to the amended Real Estate Investment Company Act and newly enacted Real Estate Development Project Management Act, highlighting the necessity of these regulatory changes and policy support measures to promote institutional activation. A meaningful discussion with industry practitioners followed, addressing practical challenges and suggestions.

In the third session, Jungho Ryu of Lee & Ko presented on the benefits of granting tax deferral on in-kind contributions to REITs, emphasizing how such measures can enhance the efficiency of capital procurement in real estate development projects and increase flexibility in REIT asset management. He emphasized that the tax reform currently being pursued by the Ministry of Land, Infrastructure and Transport is essential for the sustainable growth of the REIT market in Korea. Drawing on examples from major jurisdictions such as the United States, where tax deferral regimes have contributed to the rapid expansion of REIT markets, he stressed that similar tax deferral measures in Korea would play a key role in stabilizing REIT financial structures and revitalizing the market. Jiho Chung of Lee & Ko explained the needs for expanding the exemptions on the application of the holding company regulations under the Fair-Trade Act for REITs to align with the development of the REITs-related policies and presented the current status of the progress of the legislative proposal for such expansion. He emphasized that the successful legislation will be beneficial for the revitalization of the REITs by facilitating increased scale of REITs assets and investments from large enterprises, among other expected effects.

Lee & Ko hosted a seminar on the proposed amendment of the Korean Commercial Code on June 12, 2025 (Thursday) in collaboration with the Seoul Economic Daily.
 
This seminar was organized to analyze the impact of the recently proposed amendments to the Korean Commercial Code on domestic companies and to explore possible countermeasures.
 
During the first session, Chun Kim, Head of Policy 1 Division of the Korea Listed Companies Association, explained the contents of the proposed amendments to the Korean Commercial Code relating to the directors’ duty of loyalty, under the topic of "Expanding the Scope of the Directors’ Duty of Loyalty and Corporate Management," and presented the potential impact of the proposed amendments to the Korean Commercial Code by major issues and possible corporate countermeasures.
 
In the second session, Kyung Gyoon Park and Hyesoo Won, partners of Lee & Ko, introduced, under the topic of "Legal Perspective on Expansion of the Directors' Duty of Loyalty: Impact on Corporate Management," the pros and cons of introducing the directors’ duty of loyalty to shareholders, and analyzed, from a legal perspective, the potential impact of the directors’ duty of loyalty on management in individual cases, such as △ the issuance of new shares to controlling shareholders, △ mergers and spin-offs, △ dual listing after vertical spin-off, △ management rights defense measures, and △ share transfers involving management rights among controlling shareholders, which are seen as representative scenarios where shareholders' interests could be infringed.
 
In the third session, Young Jung Kim, partner of Lee & Ko, provided practical suggestions, under the topic of “Appropriate Measures for Companies in Preparation for Increased Management Risks,” on the necessity and direction of establishing an internal control system for companies in response to the proposed amendments to the Korean Commercial Code, as well as key items for preliminary review in specific cases.
 
In the question-and-answer session that followed after the presentations, there were active questions and exchanges of opinions on various topics, such as △ the potential applicability of criminal charge of occupational breach of trust in cases of violation of directors’ duty of loyalty to shareholders, △ the extent of protection by directors and officers (D&O) insurance, and △ the potential impact on companies of other proposed amendments to the Korean Commercial Code and the Financial Investment Services and Capital Markets Act in addition to those on directors’ duty of loyalty, such as the mandatory adoption of cumulative voting system, and mandatory retirement or disposal of treasury stocks.

Lee & Ko has once again garnered top-tier recognition across all evaluated categories in the 2025 edition of the IAM Patent 1000. The firm earned the highest band ranking of “Gold” in both patent litigation and prosecution, along with additional distinctions as “Highly Recommended” in transactions and “Recommended” in trade secret litigation. This marks the 11th consecutive year that the firm has ranked in the Gold tier for litigation and the fourth year running as a Highly Recommended firm for transactions. Notably, 10 attorneys and patent attorneys at Lee & Ko have been listed as “Recommended Individuals” across all key practice areas—litigation, prosecution, transactions, trade secrets, etc.—in recognition of their exceptional expertise in the patent field. 

 
 Litigation: Un Ho Kim, John Kim, Jae Hoon Kim, Keum Nang Park, Hwan Sung Park, and Hayoun Chun
 Prosecution: Hyeon Gil Ryoo and Sungsoo (Sean) Hwang
 Transactions: Hayoun Chun and Yong Jin Cho
 Trade secrets: Hong Seon Kim

Lee & Ko’s IP Practice Group provides legal services catered to clients in response to various IP-related disputes in the United States, Europe, Japan, and other countries by leveraging its extensive overseas network while delivering optimal outcomes in IP-related consultancy and disputes through a nuanced understanding of both technology and law. A prime example of the group’s litigation excellence is its recent success representing Coway in a long-running patent infringement dispute with ChungHo Nais over ice water purifier technology. Following three years of protracted hearings, the Korean Supreme Court issued a final judgment in favor of Coway, bringing to an end the lengthy legal battle between the two companies that spanned 11 relentless years. Widely regarded as the longest-running patent litigation in Korea, this case began in 2014 when ChungHo Nais filed a complaint for patent infringement and damages against Coway. ChungHo Nais prevailed in the court of first instance, with the court acknowledging infringement claims and awarding significant compensation. Amid its multiple, though unsuccessful, patent invalidation attempts, Coway newly retained Lee & Ko in 2022 for the appellate phase, and stepping in at a pivotal juncture, the firm eventually secured a complete dismissal of all claims brought by ChungHo Nais, culminating a dramatic reversal and a landmark victory on behalf of Coway before the Supreme Court in this high-profile patent dispute.

Lee & Ko’s IP Practice Group also successfully represented Wonik PNE in a case involving the unauthorized patent registration of a secondary battery activation device developed by one of its employees in the course of performing official duties, by leading the case from filing a patent ownership transfer suit to securing a favorable ruling on behalf of Wonik PNE. In addition, the group is at the forefront of protecting companies from the leakage or misappropriation of their core technologies through its active engagement in trade secret litigation. As additionally evidenced by a recent court victory on behalf of Naver, where the firm obtained an injunction against unauthorized crawling of real estate listing data, Lee & Ko continues to reaffirm its strong track record across the full spectrum of IP law, including patents, trade secrets, and copyrights. This year’s newly awarded Gold ranking in the prosecution category further highlights its deep bench and outstanding expertise throughout all facets of IP matters.

IAM is a global patent publication released every year that conducts surveys and interviews with patent experts and law firms all over the world, and ranks the best law firms and experts in the patent field by country and sector, based on submissions and client feedback.