新着情報

Lee & Ko hosted a seminar titled ‘Carbon Neutrality: Changes in the Carbon Emission Trading System and Corporate Response Strategies’ on Wednesday, June 25.

The seminar drew significant attention from executives and employees in charge of climate change, including companies, associations and public institutions. This heightened interest reflects expectations that climate response policies will be pursued with greater intensity under the newly inaugurated government.

The seminar, moderated by Lee & Ko advisor Hee-jong Yoon, began with welcoming address by senior advisor Youn-Seob Lee, followed by a speech by Denis Machnik, senior advisor at the Copenhagen Climate Center of the United Nations Environment Program (UNEP).

Ma-Roo Kim, Director of the Climate and Economy Division at the Ministry of Environment, stated, “We will develop and implement various alternatives to address operational challenges in Phase 4 of the Emission Trading System, which is scheduled to take effect on January 1, 2026."

Afterwards, in each session, See-hyung Lee, Director of the Carbon Neutrality Division at the Korea Chamber of Commerce and Industry, discussed the achievements, limitations, and future tasks from the introduction of the Emission Trading System. ECOEYE Sang-Sun Ha presented information on the trends of Article 6.4 of the Paris Agreement and strategies for promoting international reduction projects. Lee & Ko attorney Yun- Sung Kim outlined practical corporate measures for climate change response, including contract management and supply chain strategies.

Following the presentations, a lively question-and-answer session addressed specific concerns about the operational direction of Phase 4 of the Emission Trading System.

Lee & Ko’s Environment Team reaffirmed its commitment to supporting companies in achieving carbon neutrality and sustainable growth through proactive responding to climate change strategies.

On June 17, 2025, Lee & Ko hosted a seminar on “Competition Law Trends & Precedents”. 

In the seminar, which was held both online and offline, Lee & Ko’s experienced and specialized antitrust and competition law experts and attorneys analyzed and explained the decisions and implications of major antitrust cases.

In the first session, former Director General of the KFTC, Senior Advisor Moo Jin Choi, gave a presentation on “Competition Law Enforcement Trends and Outlook.” During his presentation, Mr. Choi explained the expected policy direction and enforcement outlook of the KFTC following the new administration taking office after the presidential election, focusing on expected legislative changes to the Fair Transactions in Subcontracting Act (tightening regulations for the misappropriation of technology), Fair Transactions in Franchise Business Act, and bills aimed at regulating the monopolies of online platforms (e.g., Online Platform Act).  

In the second session, Mr. Byong Ki Chung presented “Collusion and Illegal Conduct Prohibited by Business Associations Case Precedent.” During the session, Mr. Chung discussed a Seoul High Court case in which the application of the Monopoly Regulation and Fair Trade Act was excluded on the grounds that the Korean Bar Association’s conduct constituted the exercise of public power, another Seoul High Court case where the court rejected the anti-competitiveness and unreasonableness of reducing duck meat production by taking into account the unique characteristics of agricultural and livestock products, and precedent on leniency applications involving collusion and additional cases of leniency applications.  

In the third session, Ms. Miji Lee introduced the topic of “Abuse of Market Dominance and Illegal Affiliate Transaction.” Ms. Lee explained a recent Supreme Court decision recognizing illegal affiliate support even though the ordinary but-for price was not precisely calculated and discussed practical considerations to be aware of when engaging in transactions between affiliates.

In the fourth and final session, Ms. Ji Yeon Kim introduced recent precedents related to the Fair Transactions in Subcontracting Act, Fair Transactions in Franchise Business Act, Fair Agency Transactions Act, and the Act on Consumer Protection in Electronic Commerce. Ms. Kim discussed a Fair Transactions in Subcontracting Act case in which a legitimate justification for an unreasonable reduction in payment was recognized, emphasizing the importance of inspection for prime contractors and the duty to provide notification. She also discussed a case where the Supreme Court for the first time clarified the meaning of “relevant sales amount,” the standard for calculating administrative fines under the Fair Transactions in Franchise Business Act. Specifically, Ms. Kim stressed the need for caution with respect to mandatory item violations in practice due to the KFTC’s recent focus on this issue, and because the current standards for determining the relevant sales amount, may result in significantly larger administrative fines.

Lee & Ko successfully co-hosted a seminar on ‘Directions and Challenges for REITs and Project Financing to advance the Real Estate Industry’ with Ministry of Land, Infrastructure and Transport (MOLIT).

Moderated by Lee & Ko attorney Jee In Kim, the seminar opened with welcome remarks by Senior Advisor Sun Ho Park, followed by an introduction to Lee & Ko by foreign attorney Lachlan Barth.

In the first and second session, MOLIT provided presentation on the introduction of Project REITs and PF information system along with key updates to key updates to the amended Real Estate Investment Company Act and newly enacted Real Estate Development Project Management Act, highlighting the necessity of these regulatory changes and policy support measures to promote institutional activation. A meaningful discussion with industry practitioners followed, addressing practical challenges and suggestions.

In the third session, Jungho Ryu of Lee & Ko presented on the benefits of granting tax deferral on in-kind contributions to REITs, emphasizing how such measures can enhance the efficiency of capital procurement in real estate development projects and increase flexibility in REIT asset management. He emphasized that the tax reform currently being pursued by the Ministry of Land, Infrastructure and Transport is essential for the sustainable growth of the REIT market in Korea. Drawing on examples from major jurisdictions such as the United States, where tax deferral regimes have contributed to the rapid expansion of REIT markets, he stressed that similar tax deferral measures in Korea would play a key role in stabilizing REIT financial structures and revitalizing the market. Jiho Chung of Lee & Ko explained the needs for expanding the exemptions on the application of the holding company regulations under the Fair-Trade Act for REITs to align with the development of the REITs-related policies and presented the current status of the progress of the legislative proposal for such expansion. He emphasized that the successful legislation will be beneficial for the revitalization of the REITs by facilitating increased scale of REITs assets and investments from large enterprises, among other expected effects.

Lee & Ko hosted a seminar on the proposed amendment of the Korean Commercial Code on June 12, 2025 (Thursday) in collaboration with the Seoul Economic Daily.
 
This seminar was organized to analyze the impact of the recently proposed amendments to the Korean Commercial Code on domestic companies and to explore possible countermeasures.
 
During the first session, Chun Kim, Head of Policy 1 Division of the Korea Listed Companies Association, explained the contents of the proposed amendments to the Korean Commercial Code relating to the directors’ duty of loyalty, under the topic of "Expanding the Scope of the Directors’ Duty of Loyalty and Corporate Management," and presented the potential impact of the proposed amendments to the Korean Commercial Code by major issues and possible corporate countermeasures.
 
In the second session, Kyung Gyoon Park and Hyesoo Won, partners of Lee & Ko, introduced, under the topic of "Legal Perspective on Expansion of the Directors' Duty of Loyalty: Impact on Corporate Management," the pros and cons of introducing the directors’ duty of loyalty to shareholders, and analyzed, from a legal perspective, the potential impact of the directors’ duty of loyalty on management in individual cases, such as △ the issuance of new shares to controlling shareholders, △ mergers and spin-offs, △ dual listing after vertical spin-off, △ management rights defense measures, and △ share transfers involving management rights among controlling shareholders, which are seen as representative scenarios where shareholders' interests could be infringed.
 
In the third session, Young Jung Kim, partner of Lee & Ko, provided practical suggestions, under the topic of “Appropriate Measures for Companies in Preparation for Increased Management Risks,” on the necessity and direction of establishing an internal control system for companies in response to the proposed amendments to the Korean Commercial Code, as well as key items for preliminary review in specific cases.
 
In the question-and-answer session that followed after the presentations, there were active questions and exchanges of opinions on various topics, such as △ the potential applicability of criminal charge of occupational breach of trust in cases of violation of directors’ duty of loyalty to shareholders, △ the extent of protection by directors and officers (D&O) insurance, and △ the potential impact on companies of other proposed amendments to the Korean Commercial Code and the Financial Investment Services and Capital Markets Act in addition to those on directors’ duty of loyalty, such as the mandatory adoption of cumulative voting system, and mandatory retirement or disposal of treasury stocks.

Lee & Ko successfully co-hosted a seminar on ‘Infrastructure and Energy Market Trends and Investment Opportunities in Poland and the CEE Region’ with Domański Zakrzewski Palinka (DZP), one of Poland’s leading law firms, on May 19, 2025.

Moderated by Lee & Ko attorney Jung Min Pak, the seminar opened with welcome remarks by Senior Advisor Sun Ho Park, followed by an introduction to Lee & Ko by foreign attorney Lachlan Barth.

In the first session, Soo Youn Kim and Katarzyna Kuźma of DZP provided in-depth analysis on major Polish infrastructure plans, including the Centralny Port Komunikacyjny (CPK) project and the introduction of Small Modular Reactors (SMRs). The speakers also discussed recent developments in Poland’s public procurement system and foreign investment regulations, offering practical insights for Korean businesses.

In the second session, Sangwoo Ahn of Lee & Ko presented on ‘Key Legal and Practical Considerations for Korean Participation in Infrastructure and Energy Projects in Poland/CEE.’ His presentation addressed legal and regulatory risks surrounding traditional development structures and joint ventures (JVs), EU compliance, permitting, and tax. He also introduced various risk mitigation strategies such as leveraging Poland’s investment incentive schemes, allocating risk contractually, and utilizing political risk insurance and export credit facilities — which drew strong interest from the audience.

Lee & Ko continues to provide fast and effective legal support on Poland and CEE-related matters through a One-Team collaboration model that brings together its Project, Corporate Advisory, International Arbitration, Customs, and International Trade teams.
 

Lee & Ko, in collaboration with Herbert Smith Freehills (HSF) and the In-House Counsel Forum (IHCF), hosted a seminar on ‘Commercial Arbitration and Enforcement – Recent Trends and Key Issues in Singapore, Thailand, Indonesia, Korea, and China (and Hong Kong) for In-house Lawyers’ on November 21, 2024.

The event offered a comprehensive overview of arbitration issues across various Asian jurisdictions and provided an opportunity for networking during a subsequent dinner event.

The seminar featured presentations from Lee & Ko’s attorneys Saemee Kim, Hyunyang Koo, and Yun A Kang, along with HSF’s attorneys Warathorn Wongsawangsiri, Daniel Chia, and Debby Sulaiman. These experts discussed key issues, arbitration strategies, and enforcement challenges that companies face when resolving disputes through arbitration in major Asian countries. The session provided invaluable insights into the international arbitration landscape in Asia, analyzing practical challenges and considerations for in-house counsels and professionals dealing with cross-border disputes. Following the presentations, the diverse group of experts participated in the subsequent networking dinner, offering attendees the opportunity for direct engagement and fostering in-depth discussions on dispute resolution strategies.

The seminar underscores Lee & Ko’s ongoing commitment to guiding clients through the complex, global practice of commercial dispute resolution and international arbitration, ensuring effective solutions to complex disputes across the Asia-Pacific region.