Jipyong

South Korea

Analysis

Overview

Jipyong is a well-rounded firm that offers representation across all key practice areas and core industries. The firm’s competition and labour and employment practices are highly regarded by peers and clients. Managing partner and labour specialist Ji Hyung Kim is widely respected in the market, noted as a ‘pillar of industry’ by peers for his extensive experience in this area. Gee Hong Kim frequently acts as lead partner in competition and antitrust cases, and many of the firm’s top M&A matters last year featured corporate partners Cheol Jeong and Min Shin. The equity capital markets practice has an impressive record as issuer’s counsel on numerous listings, including those for SK Biopharmaceuticals and Kakao Games. The firm is deepening its regional footprint with on-the-ground operations in a number of emerging markets, including Indonesia, Myanmar, Laos and Vietnam. The firm experienced several notable departures in early 2024. In February, partner Bernard K Ham left to join Dentons Lee, while the intellectual property practice saw the exit of partner Mun Hui Kim, who moved to Yulchon. In March, competition/antitrust partner Woo Yeon Kim departed to take a position with Kakao Mobility Corp.

Client feedback

"During the lawsuit, they conducted a witness interrogation, and it proceeded well, meticulously and carefully." – Banking and finance

"Absolutely professional understanding of each and every aspect of our industry (real estate investing, development, investor relations and whatnot), with lawyers' tireless attitude and great attention to detail when having to draw up any type of loan document – just to mention a few." – Real estate

"Very responsive and sensible." – Shipping

Seong Jin Bae

"He's highly engaged in litigation, and he's reliable."

Dongkyoon Koo

"Profound understanding of the industry with great social skills with clients to create much more productive dynamics."

Choon Won Lee

"Very friendly and professional."

Sang Bae Park

"He specialises in law services related to project finance, particularly in real estate, infrastructure, and corporate finance, and excels in various aspects of legal service as a third-party collaborator."

Labour and employment

Work highlights

Successfully defended a steel company against illegal dispatch claims by subcontractor employees. The firm argued for individualised examination of service periods and dispatch evidence. The Supreme Court overturned the initial ruling favouring employees, finding insufficient evidence for three of 12 processing works. This landmark decision established that illegal dispatch cases require scrutiny of both business field and individual employment periods. It is the first such ruling in Korea's steel industry, setting a significant precedent for future labour disputes.

Represented an automobile manufacturing company in a dispute over changes to executive employees' annual leave policy. Non-executive employees claimed unpaid vacation pay, arguing the policy change was invalid without their consent. While lower courts favoured the employees, the Supreme Court reversed the decision, introducing a new legal principle of ‘abuse of the right to collective consent’ and abandoning the long-standing ‘socially accepted rationale’ standard. This landmark ruling in 2023 significantly shifts how disadvantageous changes to employment rules are evaluated, focusing on whether labour unions abuse their right to consent rather than universal employee agreement. The firm continues to represent the company as the case returns to the high court for further review, where this new legal standard is expected to be refined.

Key clients

Hyundai Glovis, Korea International Cooperation Agency, SK Microworks Solutions

Intellectual property

Work highlights

Successfully defended Kiwoom Asset Planner against accusations of unauthorised collection and use of personal information through EBS's financial counselling program. The firm effectively argued that the transfer of personal information from a broadcasting company to an insurance company, and then to an insurance agent, did not violate the law. The firm's systematic explanation of the structure of personal information provision and delegation to third parties led to a landmark decision, with prosecutors clearing Kiwoom of suspicion and issuing a decision of non-transfer. This case sets a significant precedent for interpreting personal information transfer laws in the financial services sector.

Represented a prominent drama production company in a copyright infringement and damages lawsuit brought by a drama director. The case involved a highly popular K-drama broadcast on a major Korean OTT platform, which had garnered significant media attention and industry accolades. The director alleged copyright infringement due to issues in the drama's editing process. The firm successfully defended the production company against all claims, effectively refuting the director's arguments and securing a complete victory in the first-instance trial. This case sets an important precedent in the Korean entertainment industry regarding copyright disputes between directors and production companies in the digital streaming era.

Key clients

Goryeo Red Ginseng, Korea Planning and Evaluation Institute of Industrial Technology

Dispute resolution

Work highlights

Represented SolarPark Korea, Korea’s solar energy technology corporation, in a US trade secret misappropriation lawsuit and international arbitration for breach of contract, seeking damages of approximately $200 million. The firm successfully argued and obtained a preliminary injunction order for the client enjoining Solaria from using SolarPark’s trade secrets related to the mass-production of shingled solar modules.

Represented Mirae Asset Securities in a high-profile SIAC arbitration against Union Development Group, securing an award of approximately $200 million. The firm subsequently instructed proceedings for recognition and enforcement of the award in Cambodia. It obtained a complete victory in the SIAC arbitration and successfully secured recognition of the award from the Phnom Penh Appellate Court of Cambodia. The case is currently under appeal at the Supreme Court of Cambodia. This widely publicised dispute involved complex legal issues, including matters of first impression concerning the Cambodian Civil Code.

Represented Icure Pharmaceutical in a complex international dispute involving claims for fraudulent misrepresentation, civil conspiracy, conversion, fraud, breach of contract, and unjust enrichment against Sram & Mram Resources and related companies. The firm successfully obtained an arbitral award of approximately $12 million for Icure in an ICC arbitration and is now pursuing enforcement in multiple jurisdictions including California, Malaysia and the UK. The case involved complex issues including breach of contract, fraud, conversion, and force majeure related to Covid-19.

Key clients

Hy-Lok, Kukbo, YD Global Life Science

Corporate and M&A

Work highlights

Advised COMES 2018-1 M&A Investment Association on the sale of M2I Corporation, a smart factory solution company, for W127.99 billion. The transaction involved the first listed company acquired by a venture investment fund and attracted significant market attention with numerous bidders. The deal's significance lies in its unique payment structure and the precedent it sets for similar transactions in the Korean M&A market, especially in the tech and smart manufacturing sectors.

Key clients

Eugene Sonic, Hanil Holdings, Inhwa Precision, Junglim Architecture

Capital markets

Work highlights

Successfully advised Samsung Securities and GigaVis on the listing of GigaVis on the Kosdaq market. The firm advised on the establishment of an internal control system, designing of a compliance management system, and amendments to the articles of incorporation and other internal regulations based on the findings of the legal due diligence.

Key clients

ASTech, Mirae Asset Securities, Shinsung ST

Competition/antitrust

Work highlights

Represented Samsung Electronics in a case involving abuse of dominant position by Broadcom, a global semiconductor company, and obtained the dismissal by the Korea Fair Trade Commission (KFTC) of Broadcom’s application for a consent order, as well the KFTC’s decision to impose sanctions on Broadcom. This case is the first in which the KFTC ultimately dismissed an application for consent order and proceeded to impose sanctions.

Successfully represented InfoBank in a landmark case against KT and LG Uplus, challenging their alleged market dominance in corporate messaging services. The firm secured a groundbreaking Supreme Court decision overturning the Seoul High Court's ruling, which was subsequently finalised. This case is of particular significance as it marks the first instance in which a Korean court has explicitly addressed and ruled on the issue of margin squeeze from a competition law standpoint. The verdict sets a crucial precedent in Korean antitrust law, potentially influencing future cases involving market dominance and pricing strategies in the telecommunications sector.

Key clients

Hankook Tire & Technology, Kakao Corp, SK On

Banking and finance

Work highlights

Advised Mirae Asset Securities and the lenders on the project financing transaction of W780 billion for the development of a commercial building site in Sampyeong-dong, Pangyo, Gyeonggi province by a private equity fund of Mirae Asset Global Investments as the borrower. The deal is of significance in that it is a rare large-scale deal to have been completed in a hard-hit financing market.

Key clients

Hana Securities, KB Securities, Samwon PFV

Aviation and shipping

Work highlights

Advised confidential cargo interests in a rare lawsuit filed by a shipowner seeking damages from collision with another vessel. The case involved defending the client against claims arising from a collision accident. The significance of this case lies in its unusual nature, where a shipowner attempted to claim damages from cargo interests of the counter-part collision vessel. Through successful collaboration with Chinese lawyers, the legal team effectively defended the client against the shipowner's claim. This case sets an important precedent in maritime law regarding liability in collision cases involving cargo interests.

Insurance

Work highlights

Represented Korean insurers in a high-profile insurance claim dispute over the death of a pregnant Cambodian woman in a 2014 highway accident. The deceased's husband sought W9.5 billion in death benefits from 26 insurance policies across 10 companies. The firm successfully defended the insurers in both lower and appellate courts, securing a favourable ruling based on the principle that insurance policies lacking the insured's written consent are invalid. This case reinforces significant legal precedents in Korean insurance law, with potential industry-wide implications.

Represented NongHyup Life Insurance in a dispute over death benefits under an agricultural workers' safety insurance policy. The case involved an insured worker who was injured during the policy period but died after it expired. The firm successfully argued that the insurer was not liable for indemnifying the death under these circumstances. The court's favourable ruling sets a potential precedent for similar cases involving insurance policies with one-year periods, particularly regarding the timing of injury and death in relation to policy coverage.

Key clients

Life Insurance Company, Shinhan Life Insurance

Media and entertainment

Work highlights

Represented SBS, a broadcasting company, in a copyright infringement lawsuit brought by the son of renowned composer Lee Bong Jo. The dispute centred on the unauthorised use of Lee's music in the drama Temptation of Wife. This case is significant as it explores the boundaries and scope of music copyright usage in television dramas. The firm’s defence of SBS against the copyright holder's damage claims contributes to shaping legal precedents in the entertainment industry regarding music licensing and fair use in broadcast media.

Represented MBC in a provisional injunction claim brought by Aga Dongsan and its leader Kim Ki Soon, seeking to prohibit the broadcasting of episodes 5 and 6 of the Netflix documentary series In the Name of God: A Holy Betrayal. The court's decision upheld the documentary's right to be broadcast, affirming that Netflix holds exclusive ownership and copyright of the content, and that MBC and the involved producer do not retain any rights over the material. This case ensured the continued distribution of the documentary series, which covers controversial religious groups, including Agadongsan.

Key clients

KBS Media, KT Studio Genie, Mystic Story