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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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