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Expertise

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North Korea · Unification Laws

Lee & Ko’s North Korea & Unification Law Practice (“North Korea Practice”) has, since its establishment in 2010, developed into one of the most respected legal teams in Korea advising on North Korean law and unification legislation. The Practice provides comprehensive legal services across a broad range of areas, including inter-Korean economic cooperation, foreign investment relating to North Korea, international sanctions compliance, North Korea-related dispute resolution, and legislative advisory on inter-Korean relations and unification law.

The Practice’s foundations extend well beyond its formal establishment. Its advisory capabilities trace their origins to the 1990s, when Lee & Ko advised the Korean Government in connection with the Korean Peninsula Energy Development Organization (KEDO). That engagement — and the more than three decades of continuous experience it has since generated — has equipped the Practice with a depth of institutional knowledge and practical expertise that distinguishes it in advising on the most complex and sensitive legal issues arising from the inter-Korean relationship, including cross-border investment structures and international sanctions frameworks.

The Practice is led by co-heads Attorney Hyung Sub Lim (licensed in Korea) and Attorney Samuel (Soon-Yub) Kwon (licensed in the State of Pennsylvania and the District of Columbia, U.S.A.), and comprises more than twenty specialists with diverse experience across the public and private sectors. Attorney Hyung Sub Lim is widely recognised, in Korea and internationally, as a leading authority on North Korean law and inter-Korean legal affairs. His sustained contributions to government advisory work, legislative research, and the development of the legal framework governing inter-Korean relations have shaped the field in material respects, and were formally recognised through the award of a Commendation from the Minister of Unification of the Republic of Korea in 2022.

The Practice has established firm trust as a principal legal advisory partner to key government bodies including the Ministry of Unification and the Ministry of Government Legislation, and has received external recognition of its expertise through consistent selection in the Chambers & Partners Asia-Pacific and Global guides in the General Business Law (North Korea) category.
 
Expertise
Unification and Inter-Korean Legal Advisory
The Practice advises government bodies, public institutions, private enterprises, and non-profit organisations on the full spectrum of legislation governing inter-Korean relations, including the Constitution, the Act on the Development of Inter-Korean Relations, the Inter-Korean Exchange and Cooperation Act, the North Korean Human Rights Act, and the Act on the Protection and Settlement Support of North Korean Refugees. The Practice also conducts policy research and provides legislative advice on issues of statutory interpretation and legal integration arising from developments in the inter-Korean relationship.

International Sanctions Compliance
Drawing on sophisticated command of the international sanctions regime applicable to North Korea — including measures administered by the US Office of Foreign Assets Control (OFAC), the United Nations Security Council, and the European Union — the Practice provides comprehensive compliance advisory services. These encompass sanctions exemption applications, secondary sanctions risk assessment and management, and representation in criminal and administrative proceedings arising from sanctions-related matters.

Inter-Korean Economic Cooperation and Investment
The Practice advises on the full lifecycle of inter-Korean economic cooperation projects, including infrastructure development, joint venture and equity investment structures, inter-Korean trade, processing-on-commission arrangements, and tourism and cultural cooperation initiatives. Advisory services extend from initial project structuring and negotiation through regulatory approvals to project close-out.

Unification Law and Legislative Advisory
Beyond advising on the interpretation and application of existing inter-Korean legislation, the Practice provides counsel on the enactment of framework unification legislation, analysis of North Korean law, and the development of legal integration frameworks for a unified Korean Peninsula. The Practice maintains an active programme of policy research in collaboration with the Ministry of Unification and the Ministry of Government Legislation.

Dispute Resolution
The Practice advises on and represents clients across the full spectrum of North Korea-related disputes, including damages claims against North Korean authorities, domestic litigation strategy, and engagement with international dispute resolution forums including the International Court of Justice (ICJ), the International Centre for Settlement of Investment Disputes (ICSID), and the Permanent Court of Arbitration (PCA).

Infrastructure and Projects
The Practice advises on North Korea-related projects across a broad range of sectors, including transportation infrastructure (road, rail, and port), power generation, project finance, real estate development, energy and natural resources, tourism development, and nuclear energy. Clients benefit from seamless collaboration with Lee & Ko's sector-specialist teams to deliver fully integrated solutions.
 
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Major Cases
1. Special Economic Zones in North Korea
  • Advised on the overall aspects of the North Korea’s light water nuclear power plant by the Korean Peninsula Energy Development Organization (KEDO) including construction, dismantling and dispute resolution in accordance with the 1994 Geneva Agreed Framework
  • Advised on the development of Ananti Resort and Golf course located in Kumgangsan tourist area in North Korea from 2000 to 2008
  • Advised the Ministry of Unification on initial draft for policies (by research on South-North Korea alternative solutions in fields including trademark and patent rights)
  • Advised foreign investors on the establishment of a joint-stock company in Wonsan and Kumgangsan International Tourism Zone 

2. Infrastructure Projects in North Korea
  • Seoul Outer Ring Highway: represented sponsor and advised on the concession agreement and project financing
  • Busan New Port Project Financing (1-1 phase, 1-2 phase, 2-4 phase): represented senior lenders (domestic and international) for project financing at each phase
  • Gimhae Light Rail Investment Project: represented sponsor (Kumho-Bombardier consortium), negotiated and advised on the concession agreement 
  • Artice Global Project PF: Kyrgyzstan-Bishkek City Residential Complex Development Project
  • Kazakhstan Almaty City Transportation Automatic Payment System Development PF
  • Uzbekistan Tashkent City JisongKorea Residential Complex Development PF
  • Cambodia Phnom Penh Monibong Tourism Office Site Development PF
  • Kazakhstan Astana City Residential Complex Development PF
  • Kazakhstan Almaty City Appletown Complex Development PF
  • Almaty City Residential Complex Development PF
  • Moscow Korea-Russia Business Centre Development PF by Russia Lotte Engineering & Construction
  • China Beijing Zhongguancun Residential Complex Development PF

3. Resource Development in North Korea 
  • Advising on the Korea-Russia Natural Gas Pipeline Project 
  • Advised investors on coal mine business in Indonesia
  • Advised investors on copper mine business in Mexico
  • Advised investors on coal mine business in the Philippines
  • Advised investors on mining projects with Canadian coal mining company
  • Advised investors on coal mining business in Kyrgyzstan
  • Advised investors on long-term purchase contract of iron ore
  • Advised purchasers on the acquisition of Australian coal mine project

4. North Korea’s Power Projects
  • Played pivotal role as a leading counsel in representing consortium of Korean companies in a USD 40 billion UAE nuclear power plant project, the largest power plant on a standalone basis in history
  • Participated in Mt. Taeki Wind Power Project, the largest Wind Power Project in Korea, and Shinan Solar Power Project, the largest solar power project in Korea
  • Advised investors on Osung LNG Combined Power Plant Project
  • Advised sponsor in Jordan Al Qatrana Coal-fired Power Plant Project
  • Advised senior lenders on Gas-fired Power Plant Project (612 MW)
  • Advised senior lenders on 550 MW Korea Daejeon Bugok LNG Combined Cycle Power Plant Project 
  • Advised senior lenders on Combined Heat and Power Plant (97 MW) Project in Hyundai Petrochemical Complex 
  • Advised senior lenders on Combined Heat and Power Plant (250MW) in Hyundai Hynix Semiconductor Factory
  • Advised investors on Nepal Hydroelectric Power Plant Project
  • Advised investors on Turkey Nuclear Power Project
  • Advised investors on El Salvador Coal Thermal Power Plant (230 MW) Project
  • Advised investors in Chile Angamos Coal Thermal Power Plant (518MW) Project

5. North Korea Tourism Business
  • Advised on the development of Ananti resort and golf course located in Mt. Kumgang tourist area from 2006 until 2008
  • Advised foreign investors on the establishment of a joint-stock company in Wosan and Mt. Kumgang international tourism zone
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Key Contacts
Recent Accolades
Recent Developments