Partner
TEL |
+82-2-772-4429 |
E-MAIL |
hyunkoo.kang@leeko.com |
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Hyunkoo Kang is a leading partner in the Fintech Group. He is an expert in the areas of financial compliance, asset management, financial institutions, banking, insurance, capital markets compliance, and the resolution of disputes in capital markets.
Prior to joining Lee & Ko as a partner in the Financial Services & Compliance Team, Hyung Koo Kang worked as a financial compliance legal counsel for the Financial Supervisory Service from 2002 to 2007. As an expert in financial compliance, fintech, and digital finance, Mr. Kang handles complex banking, securities, insurance and non-banking licenses, financial legal compliance issues in connection with credit cards, etc., financial organization and capital market sanction, foreign exchange regulations and the resolution of disputes in financial and capital markets. In addition, Mr. Kang has solid experience in M&A of financial institutions and relevant licensing as well as in-depth knowledge of the Electronic Financial Transactions Act as well as other financial related laws and regulations. He currently heads Lee & Ko’s Digital Finance Team and serves as a member of the Disciplinary Review Committee of the Financial Supervisory Commission.
Positions and matters handled at Financial Supervisory Service and Financial Supervisory Commission
Dispute Resolution Department (2002-2003) – Financial dispute resolution matters
Financial Supervisory Commission Policy Affairs Department (2003-2004) – Financial holding company licensing matters
General Prosecution Department, Banking Sanctions Review Department and Non-Banking Review Team – Financial organization investigation, foreign exchange investigation and sanctions review matters
Sanctions Review Board of Investigation and Administration Team (2005-2006) – Capital markets investigation, disclosure investigations, accounting supervision and sanction review matters
Legal Department (2006-2007) – Financial litigation matters
Education
2013 |
Fordham University School of Law - LL.M. |
2010 |
Korea University - Master of Financial Law |
1998 |
Yonsei University - LL.B. |
Work Experience
2007-Present |
Lee & Ko |
2021-Present |
Member of the Bank of Korea Digital Currency Legal Advisory Committee on Central Bank Digital Currency |
2020-Present |
Member of Enforcement Review Committee of Financial Supervisory Service |
2019-Present |
Member of Academic Committee of Korean Bar Association (Chairperson of Commercial Sub-Committee) |
2019-Present |
Panel for Financial Support for Companies Participating in Financial Regulation Testbed |
2019-Present |
Member of Advertising Review Committee of General Insurance Association |
2018-Present |
Member of Electronic Financial Transaction Act Policy Improvement Committee of Financial Services Commission |
2017-Present |
Member of Blockchain Review Committee of Korea Internet &Security Agency |
2017-Present |
Member of International Committee of Seoul Bar Association |
2016-Present |
Director of Korea Financial Law Association |
2015-Present |
Financial Supervisory Service Mutual Savings Bank Operations Evaluation Committee Member |
2015-Present |
Korean Securities Law Institute Director |
2013 |
Greenberg Traurig New York Office |
2009-2011 |
Korean Bar Association International Committee Member |
2002-2007 |
Financial Supervisory Service |
2002 |
Judicial Research &Training Institute, Supreme Court of Korea |
Expertise
Financial Compliance |
Insurance |
Non-banking Financial Institutions |
Banking & Financial Holding Companies |
Banking |
Capital Markets Compliance |
Asset Management |
Digital Finance |
NFT(Non-Fungible Token) |
Virtual Asset Regulation · Investigation Response |
Admissions
Admitted to bar, Korea(2002) |
Languages
Representative Cases
[Regarding Fintech matters]
- Consultation for K Company and P Company regarding NFT business
- Consultation for C Company regarding network separation under the Electronic Financial Transactions Act
- Consultation for the largest cryptocurrency exchange in Korea to provide legal analysis regarding the existence of characteristics of security in a listed coin
- Consultation for M Company and E Company regarding fractional investment platform business
- Consultation for P cryptocurrency exchange regarding AML-related independent audit
- Consultation for insurance companies H and S on new fintech businesses
- Consultation for Bank K on signature certification business under the Digital Signature Act
- Consultation for Company S and foreign companies regarding virtual asset services reporting under the Act on Reporting and Using Specified Financial Transaction Information
- Consultation for Capital Company H on registration of electronic bill presentment and payment business
- Consultation on convincing financial authorities regarding the expansion of its innovative financial services
- Consultation for H Company and others regarding online investment-linked finance business registration
- Consultation for Fintech companies including P Company regarding overseas expansion (via Fintech Support Centre)
- Consultation for financial companies including P and K insurance companies regarding introduction of cloud computing
- Consultation for global e-commerce companies including A Company regarding entering domestic pay system industry
- Consultation for blockchain-based companies like B Company regarding registration for issuance and management of advance electronic payment medium
- Consultation for T Company regarding application for financial regulation sandbox
- Consultation for K Company, cryptocurrency exchange, regarding suspension of payment account and extinguishment of claims following communications fraud
- Consultation regarding the establishment of the Financial Innovation Support Special Act (name of the Act to be confirmed) for the Financial Services Commission
- Consultation for Blockchain Expansion Team of Korea Internet Security Agency (KISA)
- Consultation regarding the establishment of Crypto Currency Exchange
- Consultation for G, C and many foreign clients regarding ICO
- Consultation for Financial Services Commission (FSC) regarding its Fintech support center operation
- Consultation for Bank A and Company L regarding forming a consortium and obtaining approval for establishing internet bank
- Implementation of one-time password system for electronic payment system over cloud
- Representation of a domestic credit card company with regard to their Transfer of Small Foreign Currency Amounts business (first time in Korea)
- Representation of a global PG service provider based in Great Britain regarding establishment of a subsidiary PG service providing company in Korea and registration as a foreign currency business oper
- Representation of a major communications company and domestic bank regarding establishment of a joint venture company to engage in Fintech business
- Representation of Samsung Electronics and LG Electronics regarding their respective mobile payment service systems, Samsung Pay and LG Pay
- Representation of Microsoft with its implementation of cloud computing service
- Representation of Shinhan Bank with its implementation of mobile electronic account system
- Representation of NHN in connection with the 'wallet' service of Naver
- Representation of Korea Smart Card in connection with T-Money service
- Representation of Company L in connection with its new B2C fintech business venture
- Representation of Company H with its P2P loan business
- Representation of Company S with its mobile payment service business
- Consultation for Company E regarding electronic financial transactions services
- Consultation for Company W and Company B regarding electronic payment settlement agency services
[Financial institutions, capital markets, accounting and foreign exchange transactions regulatory sanction matters]
- Provided K Bank and W Bank assistance on responding to examination by Financial Supervisory Service on open banking service
- Provided S Securities Company assistance on responding to IT examination by Financial Supervisory Service
- Successfully represented securities firm K in inspections and sanctions by the Financial Supervisory Service in connection with the sale of Lime fund products
- Successfully represented K bank and other domestic and foreign banks in connection with regulatory sanctions before the Financial Supervisory Service and Financial Supervisory Commission
- Successfully represented S insurance company and other domestic and foreign insurance companies in connection with regulatory sanctions before the Financial Supervisory Service and Financial Superviso
- Successfully represented M asset management and other domestic and foreign banks in connection with regulatory sanctions before the Financial Supervisory Service and Financial Supervisory Commission
- Successfully represented Company D and its majority shareholders and others in connection investigation for unfair transactions in capital markets by the Financial Supervisory Service and Financial Su
- Successfully represented Company T and others in investigations over accounting violations by the Financial Supervisory Service and Financial Supervisory Commission
- Successfully represented Company L and others in investigations over foreign exchange violations by the Financial Supervisory Service and Financial Supervisory Commission
M&A and licensing matters relating to financial institutions, etc.
- Representation of K Company and P company regarding application for virtual asset business operator to the FIU
- Representation of Atradius regarding its registration as insurance broker in Korea and its business in Korea
- Representation of Company P regarding its registration as collective investment vehicle
- Representation of Hyundai Marine Insurance on it business unit to Hyundai Hi-Car Direct and licensing matters before the Financial Supervisory Commission (Korea's first business transfer pursuant to i
- Representation of NHN and NHN BP with their registration of electronic financial business
- Consultation regarding establishment of a reinsurance company
- Consultation for Bank S regarding obtaining approval for financial investment
- Representation of ACE Group in its acquisition of New York Life Insurance Company and licensing matters before the Financial Supervisory Commission
- Representation of Industrial Bank of Korea on its acquisition of a foreign bank
- Representation of Hanwha Insurance and Jaeil Insurance in their merger and licensing matters before the Financial Supervisory Commission (Korea's first insurance company merger)
- Representation of SK Telecom with is acquisition of Hana Card and licensing matters before the Financial Supervisory Commission
- Representation of AXA Group with is acquisition of 'N' life insurance company
- Representation of AIG with its corporate structuring matters
- Representation of Hanwha Group with its acquisition of Saenuri Mutual Savings Bank and licensing matters before the Financial Supervisory Commission
- Representation of AXA Group on its acquisition of Kyobo Asset Management and licensing matters before the Financial Supervisory Commission
- Representation of Hanwha Group with its acquisition of Jaeil Insurance and licensing matters before the Financial Supervisory Commission
- Representation of Woori Financial Holding with its acquisition of LIG Insurance and licensing matters before the Financial Supervisory Commission
- Representation of ERGO Group with its acquisition of Daum Direct and licensing matters before the Financial Supervisory Commission
[General corporate and financial matters]
- Consultation regarding virtual asset businesses for various clients, including one of the big 4 crypto exchanges and virtual asset trustee in Korea
- Consultation in connection with H Insurance Company's new fintech business
- Representation of Korea Federation of Savings Banks in various matters
- Representation of Internet Bank K in various matters
- Korea Smart Card, Ebay Korea, NHN, etc. with their electronic financial transactions regulatory matters
- Yellow Financial Group and Honestfund regarding Fintech business-related advice
- Hyundai Marine and Insurance, Samsung Fire and Marine, Meritz Fire, etc. with their insurance company regulatory matters
- Samsung Card, BC Card and other card companies with regulatory matters and introduction of designated driver cards
Awards and Recognitions
2005 |
presented by the Financial Supervisory Commission for dedication to the development of financial business |
Publications / Presentations / ETC
- Lecture for H Bank on financial platform (2022. 3. 25)
- Lecture for S Group company regarding virtual assets and NFT regulation (2022. 2. 24)
- Provided report to Bank of Korea (Review of money-laundering regulations in view of CBDC introduction) (2022. 1)
- Guidelines for Virtual Asset Services and Investment (co-published by Korbit and KDAC, 2021)
- Hello Fintech (Fintech Center Korea, Korea Banking Institute, 2020)
- Trends and Developments South Korea (Chambers Fintech, 2020)
- Comparative Legal Guide South Korea: Fintech (Legal500, 2019. 11)
- Lecture for Fintech Next Leader Academy (Understanding of Financial Regulation and Policy, Fintech Support Centre, July 2019)
- Presentation at Electronic Finance Forum of Bank of Korea (direction of legal system improvement for promotion of Fintech in Korea, July 2019)
- Korean Financial Regulators Advance Legislation to Introduce Regulatory Sandbox to Spark FinTech (2019, Legal 500)
- Financial Regulation Sandbox and Consumer Protection (Korea Economic Law Association, Vol. 18 No. 2, 2019)
- A Study on the Proposed Special Law to Support Financial Innovation (Korea Economic Law Association, Vol. 17 No. 3, 2018)
- A Study on Proposed Legislation for Virtual Currency and Legal Issues (The Korean Journal of Financial Law, Vol. 15 No. 1, 2018)
- Co-presentation of 'Blockchain technology and future of financial industry' at workshop hosted by National Information Society Agency (2017)
- 'Fintech and Law' (basics of Fintech/Fintech and payment settlment/Fintech and overseas money transfer/Fintech and crowdfunding/Fintech and internet only bank/Fintech and asset management/Fintech and
- 'A study on the electronic payment and settlement system (with a focus on legal issues relating to the Payment Gateway Business)(The Korean Journal of Financial Law, Volume No. 13, 1st Edition) (2016)
- 'A study on the standards for determining insurance products (with a focus on the Supreme Court decision 2013Do10457, rendered on May 29, 2014)(Insurance Law Study Volume No. 10, 1st Edition) (2016)
- Onju Electronic Financial Transactions Act (co-author, LAWnB) (2015)
- Thoughts on the electronic payment settlement agency services in Korea (legal review on electronic payment gateway services) (Korea Financial Law Association) (2015)
- 'Annotated Capital Market Act', Korean Judicial and Administrational Research Society (2013)
- 'A study on the Target of Listed Company's Spin-off With a Focus on the Feasibility of a Listed Company's Spin-off based only on 'Assets'', The Korean journal of Securities Law, Vol. 11, No. 3 (2010)
- 'A study on the Practical issues Surrounding Corporate Divisions', Graduate School of Legal Studies, Korea University (2009)
- 'Textbook of Financial Planner', Korean Standard Association (2005)