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Expertise

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Constitutional Law Disputes

Lee & Ko’s Constitutional Law Practice Group provides clients with various legal services including: application of adjudication on the constitutionality of a law where the law at issue in litigation may be unconstitutional; adjudication on constitutional petition when fundamental rights are violated due to the exercise or non-exercise of government power; adjudication on dispute over the existence or non-existence or the scope of authority arising between State agencies, between a State agency and local government, or between local governments. We also provide legal counseling and advisory services on constitutional issues arising outside the appellate context. 

Interest in constitutional litigation has been on the rise over the past few years and we are mindful that decisions on the unconstitutionality of a law may have a ripple effect on business and industry. Against this backdrop, Lee & Ko’s Constitutional Law Practice Group has accumulated expertise and know-how in its constitutional law practice through litigating numerous constitutional law cases as well as providing legal counseling on constitutional law issues for many years. We have also strengthened our expertise in Constitutional Law Practice with experts including Taeck Soo Kim, a former Secretary General of the Constitutional Court of Korea, and Young Cheol Chi, a former Constitution Research Judge of the Constitutional Court of Korea.
Expertise
  • Adjudication on the constitutionality of law
  • Adjudication on constitutional petition
  • Adjudication on dispute over authority
  • Legal counseling on constitutional law issues 
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Major Cases
  • Adjudication on the constitutionality of Articles 119 and 124 (providing security for litigation costs) of the Civil Procedure Act (represented the President of Seoul National University)
  • Adjudication on the constitutionality of Article 262.4 (forfeiture of new shareholder’s rights) of the former Company Reorganization Act (represented the Applicant)
  • Adjudication on the constitutional petition over promotion to integrate identifiable area codes of mobile phone numbers (represented the Respondent, Korea Communications Commission)
  • Adjudication on the constitutional petition over Article 38 (compensation of loss suffered by tenants during a housing reconstruction project) of the Act On the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (represented the partnership) 
  • Adjudication on the constitutional petition over Article 96.1 (imposing administrative fine in violation of a statutory obligation of a trade union to report) of the Trade Union and Labor Relations Adjustment Act (represented the Minister of the Ministry of Employment and Labor)
  • Adjudication on the constitutional petition over Article 12.1 (prohibition on registration of domain names for unlawful purposes) of the Internet Address Resources Act (represented the Respondent, Korea Communications Commission)
  • Adjudication on the constitutional petition over Article 10.3 (workers not governed under the Employment Insurance Act) of the Employment Insurance Act (represented the Director of Ministry of Employment and Labor, Seoul Branch)
  • Adjudication on the constitutional petition over the administrative disposition regarding the approval of a merger between universities (represented an educational foundation, Ga-cheon Hagwon)
  • Adjudication on the constitutional petition over the Fair Trade Commission’s decision on no-wrongdoing (represented the claimant corporation) 
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Key Contacts