Recent Developments

On Wednesday, November 19, Lee & Ko co-hosted a seminar titled "Trademark and Patent Law Essentials Every In-House Counsel Should Know" with the Korea In-house Counsel Association (KICA).

The seminar began with a welcome address by Mr. Un Ho Kim of Lee & Ko, and proceeded with two dedicated sessions on patent and trademark law tailored for in-house counsel, followed by a Q&A session.

The first session, presented by Ms. Eun Woo Lee of Lee & Ko, focused on "Trademark Law Essentials Every In-House Counsel Should Know." She discussed key considerations for trademark owners and users in the event of disputes, as well as strategies for securing and managing trademark rights.

The second session was delivered by who spoke on "Patent Law Essentials Every In-House Counsel Should Know." Her presentation covered patent filing and registration procedures, patent trials and patent litigation, and pre- and post-dispute prevention strategies.

Lee & Ko’s IP & Technology Group is one of the leading technical legal expert teams in Korea, comprising approximately 80 intellectual property-specialized attorneys-at-law and around 80 patent attorneys with broad technical expertise across various fields. The group handles not only traditional IP matters—including patents, trademarks, copyrights, trade secrets, and unfair competition—but also a wide range of technology-related disputes and advisory work, such as product liability, product defect claims, medical devices, biotechnology, semiconductors, automobiles, software development disputes, AI and data-related disputes, and disputes involving manufacturing facilities. Drawing on extensive practical experience and expertise related to technology disputes, the group will continue to provide in-house counsel with the highest level of comprehensive legal services tailored to their needs.

Lee & Ko successfully hosted a seminar titled Recent Trends in Case Law on Search and Seizure on Friday, November 14.

The seminar began with opening remarks by Attorney Hoogon Kim, Head of the firm’s White Collar Crime Practice Group, and proceeded with a total of six sessions.

In the first session, Attorney Tae Yop Lee presented on the topic “Analysis of Recent Supreme Court Decisions on Search and Seizure”. Mr. Lee explained that the Supreme Court has recently adopted a stricter interpretation of the standards for assessing the legality of search and seizure, emphasizing the importance of safeguarding the right to participate in the seizure of electronic information, prohibiting the search of unrelated data, and limiting the seizure of storage devices. He also stressed that practitioners should carefully review the scope and procedures of search and seizure, including the presentation of warrants, adherence to procedural requirements, and the obligation to delete unrelated information.

In the second session, Attorney Yang Ho Park discussed “The Permissible Scope of Search and Seizure under a Search and Seizure Warrant”. Mr. Park explained that a search and seizure is permissible only within the scope specified in the warrant, and that remote storage information such as cloud data must be expressly stated in the warrant. He also emphasized, in relation to the limitations of the Plain View doctrine under U.S. law, that retaining or using unrelated information for other investigations is unlawful and cannot be remedied by a subsequent warrant issuance or consent to the use of evidence.

In the third session, Attorney Joohyun Lee gave a presentation on “Special Cases Concerning the Permissibility of Search and Seizure”. Mr. Lee explained that when seizing electronic information stored on remote servers, the scope of the seizure must be clearly specified. Otherwise, any subsequent selection or seizure under a separate warrant would be unlawful. He emphasized the importance of verifying both the contents of the warrant and the procedures used in its execution at the search site. He also introduced case law establishing that the use of electronic information seized in a prior case as evidence in a subsequent case renders the evidence inadmissible, and that retaining copies for an extended period and using them in other criminal investigations is prohibited.

In the fourth session, Attorney Hanjae Lee delivered a presentation on “The Admissibility of Evidence in Case of a Search and Seizure Procedure Violation”. Mr. Lee explained that if the warrant is not presented, the seized items lack evidentiary value. However, if the investigative authorities did not intend to circumvent the principles of due process or the warrant requirement, the execution of a financial account tracing search and seizure warrant may still be deemed valid when a copy of the warrant is presented first and the original is shown afterward. He also introduced the Supreme Court’s position that the right to participation is guaranteed primarily for the “person subject to seizure” and that mere use of information does not entitle one to such participation right.

Then, Attorney Seung Hyun Kim presented on the topic of “Admissibility of Evidence in Re-Seizure Cases”. He explained that once a search and seizure has been executed, a re-execution within the validity period of the warrant is not permitted, and if a new warrant is not issued, the seized items must be returned immediately in accordance with the Supreme Court’s position. He further noted that when seized items are not promptly returned despite the absence of a subsequently issued warrant, such evidence lacks admissibility and cannot be validated even with the consent of the defendant or defense counsel, nor by re-seizure. He also emphasized that the prolonged failure to return original seized materials is an unlawful act whose illegality cannot be remedied by later issuing a warrant or obtaining consent to use the evidence.

Attorney Kyunhae Kim concluded the session with a presentation on “Key Issues in Search and Seizure”. He explained that in cases involving violations of the Personal Information Protection Act, the admissibility of evidence should be determined by balancing the public interest against the individual’s right to privacy. Regarding illegally obtained evidence by private individuals, he noted that although the Supreme Court has recognized the possibility of excluding such evidence, in practice, most precedents have acknowledged its admissibility, and there have been no explicit cases denying it. He also emphasized that allowing persons other than authorized participants to be present during a search and seizure is, in principle, prohibited and is permitted only as an exception when technical assistance is necessary.

Through this seminar, Lee & Ko’s White Collar Crime Practice Group reminded attendees that recent Supreme Court precedents impose very strict standards on the procedures and scope of search and seizure. The Group also emphasized that, following a search and seizure by investigative authorities, it is crucial for companies to promptly seek legal advice, ensure strict compliance with procedural requirements, and diligently carry out follow-up measures such as deleting and returning irrelevant information.

Lee & Ko hosted its 11th M&A Forum on October 30, 2025, marking another successful year of this annual event. 

Since its inception in 2015, the Lee & Ko M&A Forum has served as a platform for introducing the latest issues in the M&A field and sharing Lee & Ko’s accumulated expertise with professionals in the industry. This year, the event once again received an enthusiastic response, with more than 500 M&A practitioners and corporate representatives participating both online and offline.

In Session 1 of the Forum, Partner Attorneys Dajoo Jung and Sejoong Lee presented on the topic of “Recent Trends in Corporate Control Disputes and Amendments to the Commercial Code.” They outlined the growing trend of control disputes arising amid the spread of shareholder activism and examined the potential impact of the recent amendments to the Commercial Code on such disputes, while also presenting practical strategies for corporate responses. By linking the highly discussed topic of the Commercial Code reform with corporate control disputes, the session drew strong attention and positive feedback from participants.

Session 2 featured Partner Attorney Hyung Soo Lee and Foreign Attorney Seung Hyo Baek, who presented “Recent Trends and Key Issues in Overseas Investment: Focus on Brownfield and Greenfield Projects.” They discussed recent developments in cross-border M&A, reviewing overseas investment trends over the past five years by distinguishing between Brownfield and Greenfield investments, and highlighting their respective characteristics and key considerations. The session concluded with additional presentations by Yun A Kang, Head of Lee & Ko’s Beijing Office, Jae Hoon Choi, Head of the Japan Team, and Woongryol Baek, Head of the Vietnam Office, who shared updates on regulatory trends and practical responses in the U.S., EU, China, Japan, and Vietnam, drawing strong interest from participants engaged in or preparing for cross-border M&A transactions.

Now in its 11th year, the remarkable attention and response that the Lee & Ko M&A Forum continues to receive from M&A professionals stem from our clients’ appreciation of the Forum’s well-prepared, insightful, and timely discussions led by the Lee & Ko M&A team.

Looking ahead, Lee & Ko’s Corporate Practice Group will continue its efforts to ensure that the M&A Forum remains a meaningful and insightful platform for M&A practitioners and corporate professionals in Korea.

On 27 October 2025, Lee & Ko successfully hosted a seminar titled ‘The First 100 Days After A Dispute Arises: Settlement, Evidence, Forums, and Strategy’ during the Seoul ADR Festival 2025. Recognizing that early moves during the first 100 days of a cross-border dispute can determine the trajectory of the entire case, the seminar brought together seasoned dispute resolution specialists to share tactical insights on how parties can put their case on the strongest footing and seize the initiative before momentum is lost.

The seminar commenced with Opening Remarks and an Introduction by Dr. Eun Young Park, Head of the Global Disputes Group at Lee & Ko. The program featured two insightful panel discussions that explored key issues arising in the early stages of cross-border disputes.

In the first session, a panel discussion was held under the theme “Early Leverage: Emergency Relief and Settlement Strategies.”  The discussion was moderated by Zac Sharpe (Lee & Ko) and featured a panel consisting of Julian Bailey (Jones Day), Nakul Dewan KC (Twenty Essex),  and Young Shin Um (KCAB). The panel shared meaningful insights on the practical viability of seeking early emergency relief in arbitral proceedings through courts and emergency arbitrators, the use of various methods of dispute resolution including consultations and mediation, as well as early settlement tactics taking into consideration factors such as the possibility of adverse cost awards and differing positions on without-prejudice privilege between jurisdictions. 

The second session, titled “Laying the Groundwork: Evidence, Strategy, and Tribunal Formation,” was moderated by Dr. Eun Young Park (Lee & Ko), and featured a panel consisting of Elodie Dulac (King & Spalding), Peter Turner KC (39 Essex Chambers), Han-Earl Woo (Lee & Ko), and Bami Yoo (Lee & Ko). This session addressed the necessary qualities of an arbitrator and the relationship between an arbitrator’s legal background and legal reasoning from the perspective of both counsel and arbitrator. The panelists also discussed practical tips and protocols for document retention, evidence gathering and the application of privilege with particular emphasis on the Korean context. 

The seminar was well received by in-house counsel and foreign law firm practitioners, as it offered practical perspectives on various early-stage strategies that parties can effectively utilize when a dispute arises.

On August 27, 2025, Lee & Ko successfully hosted a seminar titled “Analysis and Outlook on the Yellow Envelope Act”. The event provided a comprehensive examination of the proposed amendments to the Trade Union and Labor Relations Adjustment Act and their implications for businesses.

The seminar commenced with opening remarks by Mr. Kyung-Duk An, Senior Advisor and former Minister of Employment and Labor, setting the stage for an insightful discussion. The program featured two key sessions, followed by an interactive Q&A segment.

Session 1: Analysis of Labor-Related National Policy Agendas

Mr. Min-Seok Si, Head of Lee & Ko’s ESG Center, delivered a presentation on the new administration’s labor policy priorities. The session outlined six critical areas:
1.Reduction of actual working hours, annual leave reforms, and the comprehensive wage system.
2.Establishment of a fair wage system.
3.Extension of retirement age, pension reform, and prevention of wage arrears.
4.Expansion of labor law coverage.
5.Promotion of industry-wide bargaining and broader application of collective agreements.
6.Strengthening occupational safety and health frameworks.
Mr. Si provided a detailed analysis of the interconnections among these priorities and their potential impact on businesses.

Session 2: Analysis and Outlook of the Yellow Envelope Act

Mr. Jae-In Roh of Lee & Ko presented an in-depth overview of the Yellow Envelope Act, covering its conceptual framework, legislative history, and key provisions of the amended Act. The session also addressed the expected implications of the Act’s enactment, potential follow-up measures, and practical considerations for corporate compliance.

Q&A Session

The seminar concluded with a dynamic Q&A session, featuring Mr. Min-Seok Si, alongside Lee & Ko Attorneys Mr. Chang-Soo Jin, Hyun-Seok Song, and Jae-In Roh. The panel addressed pre-submitted and live questions from both in-person and online attendees, fostering a robust exchange of ideas.

This seminar provided in-house legal and HR professionals with valuable insights into the proposed amendments to Articles 2 and 3 of the Trade Union and Labor Relations Adjustment Act, equipping attendees with the knowledge to navigate upcoming regulatory changes effectively.

A video recording of the seminar will be made available shortly.

On August 21, 2025, Lee & Ko successfully hosted its first official seminar in Singapore at the Fairmont Hotel under the theme “Korea Law, Policy, and Compliance: Navigating Legal Change and Uncertainty in a New Political Landscape.” The seminar commenced with welcoming remarks by Mr. V.K. Rajah SC, former Attorney General and Judge of Appeal of Singapore and independent arbitrator at Duxton Hill Chambers, followed by an opening address by Mr. Ho Joon Moon, Managing Partner of Lee & Ko. 

The program was moderated by lawyer in Lee & Ko’s International Arbitration Team, and featured five in-depth sessions led by senior attorneys from various practice groups.

The first session was presented by Mr. Allen Hyungi Ryu, Senior Foreign Attorney in Lee & Ko’s Corporate and M&A Practice Group. Mr. Ryu addressed the recent amendments to the Korean Commercial Act and their impact on corporate governance, highlighting the expansion of directors’ fiduciary duties, revisions to the 3% rule on audit committee appointments, and the strengthening of minority shareholder rights. 

The second session was delivered by Mr. Jung Min Pak of Lee & Ko’s Banking & Finance Practice Group, who explored the topic of energy regulations and sanctions. He analyzed the expansion of nuclear and renewable energy, the intersection of energy security and international sanctions, and global trends in related regulations, and suggested strategic approaches for companies to respond to the energy transition and international regulatory environment.

The third session featured Mr. William Woojong Kim, Senior Foreign Attorney in Lee & Ko’s Labor & Employment Group, who addressed timely issues in the labor and employment sector. In particular, he discussed the main provisions and impact of the so-called “Yellow Envelope Law,” corporate risk management in light of amendments to labor-related laws, and practical strategies to respond to changes in labor–management relations.

The fourth session was presented by Mr. Younghoon Mok, Senior Foreign Attorney in Lee & Ko’s Telecommunications, Media, and Technology Group. He outlined Korea’s amended Personal Information Protection Act, the newly enacted AI Framework Act, and the phased rollout of the Virtual Asset User Protection Act. The presentation focused on the compliance issues for companies managing cross-border data transfers and introduced integrated risk management approaches.

The final session was delivered by Mr. Sanghoon Han, Partner in Lee & Ko’s International Arbitration Team and a Chartered Arbitrator. He provided an overview of Korea’s judicial system and its distinctive features in comparison with other jurisdictions. He focused on the strategic use of interim measures, such as provisional attachments and injunctions, in both litigation and arbitration. 

After the main sessions, Mr. Zac Sharpe, Co-Head of Lee & Ko’s International Arbitration Team led a lively Q&A session. The seminar concluded with closing remarks from Dr. Eun Young Park, Chair of the Global Disputes Group and Co-Head of the International Arbitration Team.  Dr. Park highlighted the importance of understanding Korea’s rapidly evolving legal landscape amid political and economic shifts.

As Lee & Ko’s first official event in Singapore, the seminar marked a meaningful step in strengthening our international presence. The firm received positive feedback from attendees who appreciated the practical insights, comparative approaches, and strategic guidance offered throughout the program.