Today, industries face broad and strict legal regulations protecting the environment, and issues concerning EHS (Environment, Health and Safety) are increasingly becoming subject to regulations and thus require systematic legal risk management. To accommodate the changing regulatory environment, Lee & Ko established the EHS Team to strengthen the firm’s expertise in EHS matters. In light of the Major Accident Punishment Act’s recent enactment, the EHS Team has been expanded and reorganized into the Environment Team, Occupational SafetyMajor Accidents Team, and ESG (Environment, Social and Governance) Team.

Based on unrivaled experience and expertise on various environmental matters, Lee & Ko’s Environment Team is able to provide pragmatic and specific solutions to clients. In addition to environmental issues concerning civil and administrative proceedings as well as regulatory compliance concerning contamination (air, water, and soil), wastes, and noise, the Environment Team also offers comprehensive support to client’s environmental administrative matters such as environmental impact assessments, licensing issues, as well as new environmental issues concerning emission trading, renewable energy projects, climate change, and regulations over chemical substances.

The Environment Team, comprised of more than 30 professionals including but not limited to attorneys and senior advisers with relevant experiences from the Ministry of Environment, the Ministry of Trade, Industry and Energy, and the Ministry of Health and Welfare, provides comprehensive practical solutions to clients by drawing upon the extensive experience and expertise of its attorneys and experts

One-Stop Service
The Environment Team, based on its thorough understanding of businesses involving environmental issues, provides one-stop service to clients on legal issues concerning project development, business negotiations, licensing, project finance, M&A, and dispute resolutions.

Cooperation between different teams within Lee & Ko is organic and seamless. The Environment Team is composed of experts of laws relating to environmental matters including various environmental laws, corporate law, labor law, criminal law, and occupational safety law. The strengthened cooperation between the Team and professionals of other teams allow clients to utilize full capabilities of Lee & Ko.

Unrivaled Experience and Expertise
The Environment Team’s unrivaled expertise is built on years of practical experience representing domestic and international clients. The Team is always prepared to provide legal services at the highest level to meet clients’ needs.
The Environment Team has established itself as a professional group with world-class experience and expertise and regularly collaborates with international law firms, accounting firms, universities, environmental consulting agencies, etc.

Meeting Clients’ Needs
The Environment Team has in-depth understanding of various industries and domestic business culture, and prioritizes effective communication to better serve clients. Our clients have praised the Team for its tailored, on-point legal advice, as well as its comprehensive analysis of various regulatory issues.

Extensive Network
The Environment Team works closely with relevant administrative agencies to provide effective advice to clients on multifaceted environmental issues. The complexity of the environmental issues requires strategic guidance which takes interests of numerous stakeholders (such as relevant government authorities, affected investors, local residents, NGOs, etc.) into consideration. Based on its experience in projects, both domestic and foreign, the Team’s network extends beyond Korean borders and is able to mediate differing interests of various stakeholders.

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.

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Major Cases

1. Water

Defended L Food Company in an administrative proceeding for improper operation of a prevention facility.
Provided regulatory and administrative advice to S Chemical Company in connection with registering its expanded discharging facility.
Defended S Chemical Company in an administrative proceeding for preliminary operation of an unregistered discharging facility.
Defended L Chemical Company in criminal and administrative proceedings regarding leakage of chemical pollutants.
Advised E Company on LPG storage facility infiltration water.
Advised H Chemical Company on the Marine Environment Management Act imposing naphtha pollution contributions.
Advised K Company regarding an oil spill.
Advised K Power Company on leakage of ash treatment water into public waters.
Represented client in litigation concerning damages due to leakage of mine water from a coal mine.
Advised K Company, L Company, and others on the Water Supply and Waterworks Installation Act.
Advised M Company’s response to the alleged violation of the Water Supply and Waterworks Installation Act in connection with the import procedure for paint.
Advised Y Company respond to the administrative disposition imposed for violating the Water Environment Conservation Act.

2. Soil

Advised K Company on soil contamination around oil pipelines.
Advised I Public Corporation on fluorine contamination of new airport site and defended it in criminal proceeding.
Advised Janghang Refinery on environmental pollution and represented it in an action for damages.
Advised S Company regarding a contaminated site for gas station and represented it in an action for damages.
Advised the Ministry of Land, Infrastructure and Transport on soil contamination clean-up obligation in connection with the DRMO site in Busan.

3. Air

Advised S Bio Pharmaceutical Company on the cap imposed on the amount of air pollutants emitted in the metropolitan area.
Advised P Company on the Clean Air Conservation Act in connection with clean thermal power.
Advised P Company on improper dust discharge.
Advised an automobile importer on violation of engine exhaust regulations.
Represented S Industry in an action to cancel excess charges imposed pursuant to the Clean Air Conservation Act.
Represented L Chemical Company in an administrative litigation in connection with the violation of the Clean Air Conservation Act.
Advised K Power Plant on improper coal cinder dust dispersion and defended it in a criminal proceeding.
Advised client on improper allocation of total pollutant load under the Special Act for Air Quality Improvement in Air Pollution Control Areas.

4. Wastes

Represented S Company, a waste transport company, in a criminal proceeding in connection with the violation of the Wastes Control Act.
Litigated a civil action against an unlawful waste management company for damages in connection with improper disposal of wastes into Han River.
Represented a client in a civil action for damages due to disposal of unlawful wastes into an abandoned mine landfill.
Advised T Company on regular inspection of wastes incinerator and defended it in an administrative proceeding.
Advised L Company on violation of the duty to register waste discharge.
Represented K Public Company in an action to cancel wastes deductible.
Represented K-gu in an action to cancel charges for waste treatment.
Represented A Waste Management Company in an administrative proceeding to cancel business suspension and administrative surcharge.
Advised A Electronics on an administrative disposition for violating the Act on Resource Circulation of Electrical and Electronic Equipment and Vehicles.
Advised on Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal in connection with dismantling and disposal of a ship.
Advised clients on waste import and export.
Represented various criminal and administrative matters concerning excessive incineration of industrial wastes.
Represented various river basin Environment Agency in administrative litigation in connection with wastes.
Advised P Company on disposal of waste plaster and sludge.
Advised a foreign investment company’s acquisition of a domestic waste management company.
Advised a large retail company on a legal dispute concerning acquisition of land with illegal dumping of wastes.

5. Chemical Substances

Advised R, a chemical company manufacturing household and health care products, on internal compliance program in connection with chemical substances.
Defended S Chemical, a foreign investment company, in a criminal action concerning violation of the Chemicals Control Act.
Advised S Chemical Company on registration of new chemical substances.
Advised K, a household appliance company, on management of chemical substances.
Advised S Corporation on management of chemical substances and business permit.
Advised and represented client in the humidifier sterilizer case.
Advised S Chemical Company, K Household Manufacturer, and M Trading Company on K-REACH.
Advised M Electronics and a foreign software company, on domestic sale of products containing chemical substances.
Advised S Company, a manufacturer of chemical substances, on leakage of harmful chemicals.
Advised S Trading Company on Chemical Control Act and license acquisition.
Advised client on response to a chemical substance leakage.

6. Environmental Projects

Provided advice on the Sinan Photovoltaic Power Station Project.
Provided advice on photovoltaic power projects in Haenam, Hampyeong, Yeonggwang, Gochang, Beolgyo, Hapcheon, Gunwi, Yeongju, Uiseong, Jeongeup, and other regions.
Provided advice on foreign environmental projects including wind power plants in Jilin, China, and others such as bioethanol development projects in Indonesia.
Provided advice on construction and operation of sewage treatment centers (Yeongdo in Busan, Songdo Masu in Incheon, Pyeongtaek, Daea in Gunpo, Namyangju, Daecheon).
Provided advice on a project to utilize the landfill gas at Bangcheong-ri, Daegu, and construction of the Muan Environmental Disposal Complex Center.
Provided advice on the photovoltaic power station project at Sinan, and Amsa Water Purification Plant in Seoul.
Advised S Company on re-consultation of environmental impact assessment for a quarry.
Advised S Company on strategic environmental assessment for a domestic wind power plant complex.
Provided advice on environmental regulations concerning Super-Grid in Northeast Asia.
Advised domestic corporations on registering foreign hydroelectric power plants as CDM projects and CER acquisition

7. Licensing

Advised S Company on licensing issues in connection with a terminal disposal plant of sewage.
Advised M Company, an industrial wastes incinerating company, on licensing issues in connection with the Waste Control Act.
Advised A Company, an automobile importer, regarding Ministry of Environment’s emission regulations for engines and vehicles.
Provided advice on Government approval of CDM projects utilizing landfill gas and registering such projects with UN.
Advised L Company, a chemical company manufacturing household and health care products, on authorization and permission required for factory expansion.
Advised D Cogeneration Company on licensing issues concerning integrated energy and electricity supply.

8. Environmental Nuisance

Represented S chemical factory in a proceeding before the National Environmental Dispute Resolution Commission and a civil action concerning noise and smell nuisance.
Represented domestic construction companies in litigation concerning the right to view.
Represented domestic construction companies in litigation concerning the right to light for the apartments located in Jamsil, Seoul, and Daejeon, Gyeonggi-do.

9. Climate Change (Emissions Trading System, etc.)

Advised S Bio Pharmaceutical Company on Emissions Trading System.
Represented 12 industrial waste treatment companies, by-product gas companies, and steel companies in a litigation concerning greenhouse gas emission permits.
Advised various wind power plants regarding CERs to offset emission permits pursuant to ETS.
Provided advice to various clients including the metropolitan landfill power plant CDM project operators on CDM and CER issues.
Advised a fuel cell producing company on REC and regulations concerning renewable energy.
Advised a foreign financial institution regarding a domestic CDM project.
Advised foreign corporations on trading greenhouse gas emission permits with a major domestic company.
Advised a foreign financial institution on establishment of a carbon bank.
Advised P Company, a domestic company, on transaction structure of a CDM project.
Provided advice on the CDM project at the landfill at Bangcheon-ri, Daegu, and CER transaction.
Represented a client in a dispute over CER rights of the landfill at Bangcheon-ri, Daegu (the first domestic litigation concerning CER distribution in connection with a CDM project).
Advised the city of Daegu on sale and purchase of CERs at BlueNext, a European environmental trading exchange.
Provided advice to client on a CDM project to utilize the landfill gas at Daejeon and CER distribution.
Provided advice to Metropolitan Landfill Power Plant, foreign financial institution, domestic F Company, and Busan Subway on CDM projects.
Provided advice on a CDM project of utilizing LFG in Masan and Gumi.
Provided advice on a pilot project (CDM) transforming biomethane from Seonam Sewage Treatment Plant into fuel for automobiles.
Advised a subsidiary of a power plant on emission trading and permits.
Advised the government on linking the RPS (Renewable Portfolio Standard) and the ETS (Emissions Trading Scheme).
Advised Seoul Metropolitan City on municipal ordinance concerning climate change and sustainable development.
Advised domestic cement companies on acquisition of greenhouse emission permits during the second phase.
Advised clients on cancellation and additional allocation of emission permits.
Advised clients on the indirect emissions using electricity and heat and respond to administrative litigation.