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Expertise

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Environmental Dispute

“Evolving Environmental Risks—Lee & Ko’s Integrated Solutions Protect the Future of Your Business”

As ESG management becomes a core strategy for corporate survival, environmental disputes are evolving beyond simple civil complaints into complex legal battles that often integrate large-scale civil litigation, administrative sanctions, and criminal liability. In the event of an environmental accident or regulatory violation, companies face simultaneous challenges: damages claims, administrative measures (such as suspension of operations or improvement orders) under various statutes (e.g., the Water Environment Conservation Act, Clean Air Conservation Act, Wastes Control Act.), and criminal investigations. In these multifaceted scenarios, a sophisticated defense strategy and a "one-stop" response system – led by ESG-literate environmental litigation experts from the earliest stages – are essential.

Lee & Ko’s Environmental Dispute Team combines Korea’s premier litigation capabilities with the technical expertise of our Environmental ESG Team to provide unparalleled dispute resolution services. Our team has built an overwhelming track record of success in high-stakes cases, ranging from large-scale environmental pollution damages, disputes over rights to light, noise, and vibration, to permit-related disputes involving environmental impact assessments and waste treatment plans. We minimize management vacuums for our clients through rapid legal intervention, including stay of execution and administrative appeals against severe sanctions such as imposition of administrative fine or permit revocations.

Since environmental disputes center on proving scientific causation, we collaborate closely with professional advisors in environmental engineering and technology to build objective, logical arguments that persuade the court. Leveraging our robust talent pool and extensive case experience, Lee & Ko’s Environmental Dispute Team focuses the core strengths of our Dispute Resolution Group to resolve environmental risks early and deliver optimal outcomes for our clients.
 
Expertise
Environmental Civil & Class Action Litigation
We represent clients in civil liability litigation involving personal injury and property damage resulting from environmental accidents. Our expertise extends to defending against subrogation claims by the state for relief benefits, as well as resolving disputes between corporations regarding environmental liability and remediation costs.
  • Litigation regarding personal injury caused by heavy metals, de-icing agents, and oil leaks and groundwater/soil contamination.
  • Defense against government subrogation claims for reimbursement under the Act on Liability for Environmental Damage and Relief Thereof
  • Disputes involving damages and contract interpretation related to cost-sharing for waste disposal and landfill operations
  • Representation in an action for declaratory judgment on the non-existence of liability regarding noise and vibration and National Environmental Dispute Resolution Commission proceedings

Regulatory Compliance, Permitting & Environmental Criminal Defense
From permitting risks under tightened environmental regulations to criminal investigations, we provide a seamless, integrated defense from the initial investigation stage through to trial. We develop strategic defense arguments for severe administrative sanctions—such as suspension of operations and administrative fines—through revocation lawsuits and administrative appeals. Furthermore, we handle critical criminal matters that threaten corporate viability, including unauthorized pollutant discharge, tampering with Tele-Monitoring Systems (TMS), and falsification of post-environmental impact assessment reports.
  • Administrative appeals and revocation lawsuits against suspension of operations and improvement orders arising from violations of the Water Environment Conservation Act and the Clean Air Conservation Act.
  • Litigation seeking the revocation of dispositions rejecting waste treatment business plans and post-environmental impact assessment completion reports.
  • Defense against investigations by the Environmental Special Judicial Police and the Prosecution regarding unauthorized discharge of pollutants and failure to install non-point source pollution reduction facilities
  • Specialized administrative litigation, including challenges to supervisory orders for PPP(Public-Private Partnership) projects and the revocation of environmental label certifications.

Emerging ESG & Climate Change Disputes
We provide proactive legal risk management for emerging environmental issues, including greenwashing (violations of the Environmental Technology and Industry Support Act) and carbon emission credits. We closely assist clients from the pre-notification stage of administrative dispositions related to environmental marketing and ESG disclosures, effectively mitigating the risk of legal sanctions. Furthermore, we provide clear solutions for complex legal disputes arising from the introduction of new regulatory frameworks, such as administrative litigation involving carbon emissions and environmental label certifications, as well as cost-sharing for recycling environmental impact assessments.
  • Defense against violations of the Environmental Technology and Industry Support Act regarding carbon emission-related advertisements, and submission of legal opinions during the pre-notification stage of administrative dispositions
  • Litigation seeking to revoke the cancellation of environmental label certifications and related applications for a stay of execution
  • Litigation over the allocation of costs, such as recycling environmental impact assessment costs arising from amendments to the Wastes Management Act and other related regulations
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Major Cases
Key Contacts