Expertise

1. Representation in Administrative Proceedings

The complexity and ongoing changes of environmental laws and regulations require professional guidance as violating environmental laws and regulations can result administrative sanctions such as administrative fines, suspension of work or business, etc. as well as penalties which pose serious risk to clients. The Environment Team has successfully advised and represented both domestic and international clients in numerous administrative and criminal proceedings.


2. Environmental Regulatory Compliance

The Environment Team provides comprehensive legal services concerning all applicable environmental laws and regulations including regulations of chemical substances and Total Pollutant Load Control System (TPLCS). To assist clients manage legal risks concerning environmental issues, we routinely assess clients’ environmental compliance and provide advice on their internal compliance system and worksite EHS management.


3. Environmental Dispute Resolution

There is always the risk of unintended environmental accidents, and the number of petitions and litigations concerning environmental matters are on the rise. The Environment Team represents clients in disputes concerning various environmental matters including but not limited to: environmental contamination (water, air, and soil); chemical substance accidents; environmental nuisance (noise and vibration); product liability; and the right to light.


4. Environmental Criminal Litigation

The Environment Team cooperates with the Corporate M&A Team to conduct environmental due diligence and provide advice on environmental issues concerning mergers and acquisitions. Violating environmental regulations generally results in administrative sanctions as well as criminal punishment. Due to the government's strict imposition of environmental regulations, Companies are increasingly facing situations where directors and employees are subject to criminal liabilities and administrative dispositions in the event an environmental accident occurs. Under these circumstances, the Environment Team has worked closely with the criminal litigation team to achieve the most desirable results and has experience achieving non-indictment and favorable judgments in matters that involved unfavorable facts in the beginning


5. Environmental Due Diligence for M&A

In a corporate M&A, the seller’s compliance with applicable environmental regulations often determines the transaction outcome. The Environment Team cooperates with the Corporate M&A Team to conduct environmental due diligence and provide advice on environmental issues concerning mergers and acquisitions. The Environment Team has successfully advised on adjusting the purchase price due to soil contamination, resolved the suspension of operation due to the seller’s violation of the applicable standard regarding discharging industrial wastewater and other environmental issues to resolve and manage environmental issues


6. Licensing

Environmental laws and regulations are increasingly the reason delaying various projects including but not limited to factory construction. In particular, the Act on the Integrated Control of Pollutant-Discharging Facilities, enacted in 2017, requires large pollutant-discharging facilities renew their permits every five years. The Environment Team provides practical solutions to clients regarding approvals and permits in connection with environmental laws and regulations.


7. Climate Change Regulatory Compliance

Korea has implemented new regulations concerning the ongoing climate change. The Environment Team cooperates with the Energy Team to provide advice to clients on allocation of emission rights subject to the Greenhouse Gas Target Management System and to represent clients in relevant administrative proceedings, emissions trading, renewable energy projects, and CER/REC transactions.