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Expertise

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Lee & Ko’s AeroSpace Practice Group is newly established to proactively respond to the growing demand for legal advice ahead of the opening of the Korea AeroSpace Administration (KASA) on May 27, 2024.

Unlike general corporate advisory services, advisory services in the aerospace industry require full understanding of advanced industrial technology the unique characteristics of the aerospace industry, as well as specialized, in-depth knowledge of relevant government policies and government contracts. 

As one of the largest groups of relevant experts in Korea, Lee & Ko’s AeroSpace Practice Group consists of professionals from diverse backgrounds such as the defense industry, intellectual property rights, aircraft finance, merger and acquisition, broadcasting · telecommunications· satellite, and legislative consulting, and is capable of offering the best legal services based on their unparalleled skills and extensive practical know-how gained over many years of practice in various sectors. 

Our AeroSpace Practice Group also provides a comprehensive one-stop service for clients, covering the full project lifecycle from business planning, bidding, procurement, and executing contracts. Our Group closely monitors legislative and regulatory trends and provides effective responsive strategies and legislative consulting services for not only clients but also government agencies. Furthermore, with its technical expertise and unrivaled expertise in the field, our AeroSpace Practice Group offers specialized and customized legal services in response to emerging issues and protect clients’ intellectual property rights especially in new technologies and new business areas.
 
Expertise
Comprehensive Advisory Services in the Aerospace Industry including Public Contracts Review, and Legislative Consulting Services

In the aerospace industry, most of significant issues closely relate to public contracts such as government procurement and offset trade and often intersect with the defense industry.

Based on the wealth of experience of our experts who had previously served at the Ministry of National Defense and the Defense Acquisition Program Administration (DAPA), Lee & Ko’s AeroSpace Practice Group provides optimal services to clients in assisting negotiation for offset trades, reviewing public contracts, and advising on the aerospace industry as a whole.

In addition, our AeroSpace Practice Group proposes policies necessary for the aerospace industry and offers legislative consulting services to assist in the drafting and amendment of relevant laws and subordinate legislation.


Aerospace Intellectual Property and Trade Secrets

The aerospace sector is marked by significant and rapid technological advances and innovation which requires a nuanced understanding of specific technical issues in the industry. For example, launch vehicle tanks and engine accessory containers must be made thinner than in commonly used vehicles since they will be used in space, a specialized environment. 

Our AeroSpace Practice Group is comprised of attorneys who specialize in the practice of science, physics, or engineering with in-depth knowledge of the aerospace industry, including satellites, launch vehicles, and aircraft, as well as advisors who are former judges in the Intellectual Property Division. Thus, our Group is highly competent in the aerospace sector, and has in particular been instructed, by a group of leading experts, to defend against disputes such as patent infringement litigation or patent invalidation proceedings, advise on trade secrets, defense technology, national core technology protection, and information security, and build IP portfolios including patent application filing in Korea and abroad.


Aerospace Finance

Lee & Ko’s AeroSpace Practice Group advises companies on financing issues that may arise in the course of their aerospace endeavors. In the case of space assets, many of which will be located in space, it is virtually impossible to repossess them by enforcing a security interest even if they are pledged as collateral, and therefore, the traditional means of asset financing are not appropriate. In this regard, the Cape Town Convention, which is mainly applied to aircraft financing, has been extended to space assets, and the Space Protocol has been drafted as an annex to the above Convention. Although the Protocol is not yet in force, it provides various implications for space finance. With our unrivaled experience in the conventional aircraft finance market, our AeroSpace Practice Group is well positioned to support our clients on all aspects of aerospace finance, which appears similar but practically different from aircraft finance.


International Trade, including Domestic and Overseas Regulations and International Treaties related to Aerospace Industry

Lee & Ko’s AeroSpace Practice Group advises clients on applicable domestic and overseas laws and regulations regarding the launch, operation and operation of space objects developed by companies, attribution of ownership, and liability for damages related to space accidents, as well as international treaty norms, including interpretation of the Outer Space Treaty. We also comprehensively advise clients on trade issues, including export controls under the Foreign Trade Act and U.S. economic sanctions and Export Administration Regulations (EAR) regarding the export of aerospace products and technologies.
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Major Cases
Major Cases
  • Advised Company A on an intellectual property dispute with a foreign source technology company regarding the development of flight control systems for fighter jets and trainers.
  • Represented Company B in response to a prosecution investigation regarding violations of export control provisions of the Foreign Trade Act and the Defense Acquisition Program Act in the course of exporting parts for fighter jets and trainers.
  • Represented Company C and won all litigations against the government regarding the development of drones, and also advised in the litigation against the government with respect to the mass production of unmanned aerial vehicles and the maintenance of maritime patrol aircraft (P-3C).
  • Represented Company D regarding the development of parts for the FA-50 (light fighter) and T-50 (training fighter).
  • Advised a research institute E’s 425 project SAR satellite system, advised on time-sensitive urgent target detection technology for satellite SAR imaging, as well as solid propulsion positioning control system.
  • Represented Company F in the litigation against the government regarding its development of a drone and won all related cases.
  • Advised Company G against the government regarding the development of a drone.
  • Represented Company H in a lawsuit against the government regarding its helicopter development project and won all related cases.
  • Advised Company I, a steel materials company for satellite communications exports to overseas markets, on establishing an economic sanctions and export control compliance system.
  • Advised Company J regarding Defense Federal Acquisition Regulation Supplement (DFARS) with respect to its investment in a U.S. manufacturing subsidiary.
  • Conducted patent application/registration works for the Korea Advanced Institute of Defense Science and Technology
  • Successfully represented Company L, with defense industry technology, in the case against a retired executive, the company to which the retired executive transferred and related parties based on infringement of defense industry technology and trade secrets, and violation of the Defense Industrial Technology Protection Act as well as the Unfair Competition Act.
  • Successfully represented Company M in a dispute involving patent infringement and trade secret infringement claims in Korea, Japan, and the U.S. in the field of steel materials worth KRW 1 trillion.
  • Represented a number of Korean conglomerates, including Company N, in a number of non-compete injunction cases against employees who transferred to overseas competitors.
  • Advised on internal and external trade secrets protection and management of large Korean companies, consulted on information security, drafted standard contracts, and established IP portfolios including patents and trademarks.
  • Successfully defended Company S in a criminal case alleging that it falsified official documents during the development of the Hyungung, a medium-range infantry missile (Raybolt), and represented in the entire investigation and trial process, obtaining a judgement of acquittal of all related parties of Company S.
  • Represented Company T in a criminal case alleging that it falsified official documents related to military operability in the development of the TMMR (Tactical Multiband Multirole Radio), a sub-system of the TICN (Tactical Information Communication Network) and obtained a judgment of acquittal of company T in all related cases.
  • Represented Company P and others in response to the Defense Acquisition Program Administration’s due diligence process
  • Provided regulatory advices to Company R regarding its provision of satellite communication services
  • Provided regulatory advices on the obligation to register space objects under the Space Development Promotion Act
  • Advised various companies on AI, big data, location information, and personal information related to new business fields.
  • Conducted various personal information protection projects and PIPA compliance projects related to communication secrets.
  • Advised on the financing of various types of aircraft, engines, and components
  • Participated in policy forums organized by MOLIT on establishing financing to support the aviation industry
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Key Contacts