기업법무

General legal matters of corporations

HANBYOL LAW, LLC provides the businesses with effective advice and related services in all aspects of legal matters spanning a wide range of corporate issues such as: business planning, incorporation, formation and operation of Board of Directors Meeting and General Meeting of Shareholders, execution of varied contracts related to business, defense of management right, protection of the rights of minority shareholders, corporate management and governance structure, strategic alliance and restructuring.

The areas in which HANBYOL LAW, LLC provides services related to general legal matters of corporations include.

  • Legal advice on formation of corporations, subsidiaries, branches, and agencies
  • Legal advice on drafting and revision of the Articles of Incorporation
  • Legal advice on overall legal issues pertaining to the formation/operation of Board of Directors Meeting and General Meeting of Shareholders
  • Legal advice on execution of various contracts related to business of corporation
  • Legal advice on acquisition of a variety of government permits/licenses related to business
  • Legal advice on defense of management right
  • Legal advice on exercise of rights by minority shareholder and corporate creditors & countermeasures
  • Legal advice on foreign exchange, such as operating fund channeling and remittance of foreign companies
  • Legal advice on strategic alliance and restructuring

Merger & Acquisition(M&A)

HANBYOL LAW, LLC has provided diverse client with a broad range of services in various legal areas pertaining to domestic/overseas M&A and related legal services. Our extensive experience has enabled us to provide precise and expeditious legal services across a wide spectrum of legal concerns of domestic and foreign-invested corporations and to provide clients with clear perspectives on how to build the most optimal transaction structures and strategies for them. For successful completion of each client‘s transaction, we provide comprehensive legal review and professional advice which guides each client through complexities of the laws with our services such as: legal due diligence, an essential requirement of transaction, drafting of overall contracts and other documents, and involvement in contract-related negotiations

HANBYOL LAW, LLC provides advice tailored to the needs and circumstances of clients across the entire gamut of works in M&A processes. Specifically, we provide an array of services to clients in dealing with

  • Analysis on related laws including the Financial Investment Services and Capital Markets Act and the Monopoly Regulation and Fair Trade Act
  • Comparative analysis on various transaction structures of merger and acquisition and conception of optimal transaction structures
  • Drafting and review of bid, investment proposal, etc., and review
  • Drafting of MOU(Memorandum of Understanding), Letter of Intent(LOI), etc., negotiation, and proposal of review opinions
  • Due diligence and legal review of target companies
  • Drafting of documents related to necessary government license/permit and advice
  • Drafting of contract documents, involvement in negotiation with counterparties, and proposal of necessary solutions
  • Review of large-scale structures associated with financing, drafting of contracts, and negotiation
  • Various tasks and follow-up actions pertaining to the performance of contracts
  • Resolution of disputes arising from merger and acquisition, such as arbitration, mediation, litigation, etc

Disputes over Corporate Issues and Management Right

Sufficient advice and responses in advance hold the key to prevention of disputes arising in connection with general corporate issues and management right. HANBYOL LAW, LLC provides professional advice customized to meet the needs of clients in our endeavor to preclude disputes and minimize potential damages

Additionally, HANBYOL LAW, LLC derives its expertise from extensive experience in providing a wide range of advice and handling various forms of litigations instituted by clients to defend their management rights in an array of management right-related disputes that involve the Provisional Injunction Against the Listing, Provisional Injunction Against the Issuance of New Shares, Provisional Injunction Against the Issuance of Convertible Bonds, Provisional Injunction against the Performance of Duties of a Director, etc.

Moreover, HANBYOL LAW, LLC provides legal services associated with the comprehensive review by the Korea Exchange(KRX) which assesses the listing eligibility of companies listed on KOSDAQ since 2009. In relation to that, HANBYOL LAW, LLC also handles works such as various petition and litigation-related works including the petition for provisional disposition suspending the effect of delisting, etc.

Real Estate/Construction

HANBYOL LAW, LLC has extensive experience in a broad range of legal issues arising from various real estate transactions and redevelopment/reconstruction business, and litigation pertaining to real estate development and construction. Particularly, HANBYOL LAW, LLC provides professional and comprehensive services that guide clients through legal aspects(implementation agreement, financial agreement, etc.) related to private-sector investments including BTL(Build-Transfer-Lease) and BTO(Build-Transfer-Operate) projects. Backed by the depth and breadth of expertise and extensive experience, HANBYOL LAW, LLC provides total legal services addressing a whole range of legal issues ranging from legal matters associated with general constructions to special legal matters related to public-private partnership projects, including the advice on juridical relation and overall rights such as ownership of real properties and real estate construction, redevelopment and reconstruction.

HANBYOL LAW, LLC provides services in legal areas associated with real estate construction business such as:

  • Review on contracts pertaining to real estate transactions and advice on drafting of such contracts
  • Advice on real estate development projects and services in various areas of provisional injunctions and related litigations
  • Advice on a variety of claims arising from constructions, and services in various aspects of litigations
  • Advice on a whole array of legal issues associated with construction contracts, such as construction amount, repair of defect, delay penalty, inspection on operation, etc., and services in related areas of litigation
  • Advice on a variety of legal issues related to redevelopment and reconstruction and services in related areas of litigation
  • Advice on various aspects of national laws governing the contracts and services in related areas of litigation
  • Advice on various areas of private-sector investment projects such as including BTL(Build-Transfer-Lease) and BTO(Build-Transfer-Operate) projects and services in related areas of litigation
  • Advice on legal matters associated with bidding and drafting of business and financial agreements
  • Advice on a whole range of legal aspects related to real estate construction and representation of clients in disputes and litigations

Bankruptcy/Restructuring

The bankruptcy procedure, which governs the legal relationship of a company in financial straits and on the brink of bankruptcy, can be classified into the ‘reconstructive reorganization procedure’ that focuses on rehabilitation of business and subsequent distribution of generated revenues and incomes to creditors and the ‘liquidation procedure’ by which the assets of a company are expeditiously disposed of, realized, and distributed equally to creditors

Specifically, the reorganization procedure imposes restriction or ban on creditors’ exercise of security right. It often involves the debt-for-equity swap which allows bonds to be converted to stocks in the process of rehabilitation and is characterized by the practice that current CEO of concerned corporation is appointed as administrator

Restructuring has become necessary more than ever before for businesses facing the bankruptcy, reorganization and related processes amid rapid changes in domestic and international economic conditions.

HANBYOL LAW, LLC has served clients to protect their fair interests throughout entire processes of reorganization, including the M&A of businesses currently undergoing the reorganization process, to assist the businesses with procedures such as bankruptcy of insolvent corporations, reorganization and creditor management and to guide businesses through reorganization planning and licensing procedures

Specifically, HANBYOL LAW, LLC provides services in legal areas associated with reorganization and bankruptcy of corporations such as:

  • Diagnosis of financially-distressed companies and proposal of reorganization measures
  • Representation of clients in legal matters pertaining to reorganization and bankruptcy filing of companies in financial straits and advice on related legal issues
  • Advice on mapping out and revising the reorganization plans
  • Advice on liquidation of assets and transfer of bad loans
  • Advice on M&A of businesses in the process of bankruptcy
  • Advice on restructuring of businesses with financial distress(workout businesses) under the Corporate Restructuring Promotion Act
  • Advice on collection unsecured rehabilitation claim, secured rehabilitation claim, bankruptcy claim, and other non-performing loans
  • Representation of clients in various litigations associated with reorganization and bankruptcy procedures
  • Assistance with works related to international bankruptcy and advice on related matters
  • Representation of clients filing for individual bankruptcy and individual reorganization processes, and related advice

Taxation

HANBYOL LAW, LLC offers a unique blend of services combined with extensive knowledge, expertise and experience of our attorneys in national tax(income tax, corporate tax, VAT, etc.) and local tax(acquisition tax, registration tax, etc.).

The depth and breadth of our expertise and experience have enabled us to provide a broad range of tax services, including the services related to tax disputes such as ‘appellate procedures’, ‘review’, ‘request for trial’, and even ‘administrative proceedings’ in connection with taxes imposed by tax authorities. In addition, we handle legal matters pertaining to ‘tax investigation prior to taxation’ and ‘review of the legality before taxation’ on behalf of clients. Moreover, HANBYOL LAW, LLC assists clients with tax planning before taxation arising from varied transactions. As all legal disputes involve tax matters, our attorneys with specialization in tax areas are working closely with attorneys who stand out for their expertise in corporation, real estates, finance, and litigation, providing clients with efficient advice on a broad range of tax issues. In particular, HANBYOL LAW, LLC has entered into agreements with domestic leading accounting firms and tax firms to ensure that clients are provided with in-depth analyses and tax strategies vital for coping with taxation ensuing from various transactions. Our system, built on the network with excellent certified public accountants and tax attorneys, creates a solid foundation to provide clients with efficient and professional services.

HANBYOL LAW, LLC provides services in legal areas related to tax such as:

  • Assistance with the processes of investigation in domestic tax, local tax, etc.
  • Services such as request for trial and administrative proceedings against taxes
  • Services related to objection to imposition of customs duty, legal disputes and disputes arising from customs refund
  • Advice on tax issues arising from acquisition and transfer of real properties
  • Advice on tax issues arising from transfer of shares and business
  • Advice on tax issues associated with various aspects of investments
  • Advice on tax matters related to domestic/overseas financial transactions
  • Advice on issues related to taxation on services
  • Advice on tax planning for minimizing the tax costs

Labor & Management Law

HANBYOL LAW, LLC provides client with services in an array of legal matters arising in connection with labor, such as labor and management relationship, human resource management including the employment, promotion, disciplinary actions, occupational health and safety insurance, labor insurance, etc., based on a unique combination of our extensive expertise and experience in the focused area of specialization, rendering professional advice on overall aspects of human resource and labor control in corporations and assisting clients with solutions to prevent disputes and map out follow-up measures, along with diagnosis from policy angles

In addition, we provide clients with practical solutions from practical perspective in overall aspects of labor, such as the rights of workers, employers, and trade unions under the Labor Standards Act and the Trade Union and Labor Relations Adjustment Act and render advice on practical matters in concerned areas.

HANBYOL LAW, LLC provides services in legal areas related to labor and management relationship such as:

  • Drafting and review of employment and delegation contracts, collective agreement, and rules and regulations of employment
  • Advice on employment, promotion, transfer, disciplinary action, dismissal, services related to request to Labor Relations Commission for remedies, and litigations
  • Advice on comprehensive countermeasure planning to cope with labor dispute
  • Services related to administrative adjudication related to the claim for reimbursement, unemployment benefits, overdue wages, occupational health and safety insurance benefits, etc.

Fair Trade

HANBYOL LAW, LLC provides clients with services in all aspects of legal issues subject to the Fair Trade Act, including the Monopoly Regulation and Fair Trade Act, Act on the Regulation of Standardized Contracts, Act on Fair Labeling and Advertising, Act on Door-to-Door Sales, Etc., Installment Transactions Act, Fair Franchise Transactions Act, Act on the Consumer Protection in Electronic Commerce, Etc., Fair Transactions in Subcontracting Act.

As the Fair Trade Act is taking on an added importance, HANBYOL LAW, LLC has become a pioneer in the areas of fair trade and combines its unique blend of expertise and experience which enables us to bring nothing less to our clients than professional and differentiated legal services.

In the areas of fair trade, HANBYOL LAW, LLC provides a full range of services including: general advice, representation related to various registrations and reports; advice and representation in the course of the investigation and review conducted by the Fair Trade Commission; administrative adjudication and administrative litigations arising from disposition imposed by Fair Trade Commission; representation in civil and criminal cases associated with fair trade; presentation of opinion on amendment/abolition of laws; education of executives and staffs on laws pertaining to fair trade.

HANBYOL LAW, LLC provides services in legal areas related to fair trade such as:

  • Interpretation of laws governing the fair trade, preliminary examination on potential breach of laws, and related advice
  • Advice on unfair trade practices, including the regulations on labeling, advertising, etc.
  • Review of competition restriction related to corporate combinations such as merger, acquisition, formation of corporations, review of efficiency, and representation in domestic/overseas corporate combination registration
  • Representation of opposing stakeholders in corporate combination
  • Representation in the request for review of terms and conditions
  • Involvement in the process of investigation conducted by the Fair Trade Commission into breaches of the Fair Trade Act, such as collusion, unfair trade practices, abuse of market dominant position, etc., and breaches of the Act on Fair Transactions in Subcontracting, the Act of Fair Labeling and Advertising, and other laws and regulations governing the fair trade, and related advice on countermeasures
  • Representation in the process of view conducted by the Fair Trade Commission
  • Representation in the process of filing an objection to disposition imposed by the Fair Trade Commission, related administrative litigation, civil litigation, and criminal litigation
  • Representation of declarant in connection with breach of the Fair Trade Act
  • Advice on matters related to the Leniency Program that provides companies with immunity from prosecution on condition of voluntary report on involvement in cartel
  • Advice on restructuring of group governance structure, such as establishment and incorporation of holding companies and financial holding companies, etc., and advice related to operations of holding companies
  • Education and awareness reinforcement for executives and staffs on the laws governing the fair trade
  • Advice on matters related to amendment of the laws governing the fair trade
  • Advice on overall aspects of the laws related to the areas subject to the Fair Trade Act

Tour and Development Business

HANBYOL LAW, LLC brings its extensive knowledge and expertise to wide-ranging legal practice areas to offer our clients an array of comprehensive consulting on overall aspects of business in connection with establishment, license/permit, development and operation of tour business by tapping into our broad network with relevant ministries, associations, and research institutes and years of experience with coordination, development and operation of casino and other gambling facilities, hotel, condominium, ski resort, golf course, theme park, recreational facilities, etc.

HANBYOL LAW, LLC provides services in legal areas related to tour and development business such as:

  • Comparative analyses of overseas/domestic legislations on gambling industry including the casino segment, etc.
  • Interpretation of laws and regulations on varied licenses/permits in tour and development business, including the laws and regulations governing the promotion of tour industry, and services related to resolution of disputes
  • Advice on operation of tour business, such as hotel, condominium, ski resort, golf course, and assistance with legal proceedings

Public Institutions

HANBYOL LAW, LLC brings its extensive experience and track records to resolve special legal issues from the perspective of public institutions facing circumstances distinctive from those of corporations and provides comprehensive legal services addressing various aspects of legal concerns of public institutions, such as systematic interpretation of the Act on Management of Public Institutions and each ordinance set forth by individual public institutions, development of legal principles to cope with enactment and amendment of legislations, drafting for management/innovation assessment conducted by public institutions.

HANBYOL LAW, LLC provides services in legal areas related to public institutions such as:

  • Systematic interpretation of laws pertaining to operation of public institutions, various special ordinances set forth by public institutions, the Act on Contracts To Which the State Is A Party, Established Regulation on Accounting, etc., related advice, and resolution of disputes
  • Proposal of opinions on coping with enactment/amendment of respective legislations, enforcement ordinance, enforcement rule, notification, established regulation, etc., which are related to public institutions
  • Advice in legal matters related to drafting for various evaluations by public institutions

Insurance/Maritime/Aviation

HANBYOL LAW, LLC has a wealth of experience and networks with insurance business which provides us an added leverage to provide efficient and professional advice on a broad range of issues related to insurance, such as indemnity insurance, liability insurance, life insurance, group insurance, etc., along with the advice on a broad range of legal matters including the litigations, disputes and transactions related to maritime and air transportation, and at the same time, provides services tailored to help resolve related disputes.

In addition, HANBYOL LAW, LLC has extensive experience accumulated by years of works on behalf of domestic/overseas ship owners, charterers, P&I club, insurance companies, freight forwarders, agencies, shippers, handling(loading and unloading) operators, etc., combined with its extensive track records in providing advice to meet diverse needs of national airlines, foreign airlines, insurance companies, air freight forwarders, air freight agencies, various shippers, and domestic and overseas leading insurance companies, which provides us with a solid foundation to offer a whole range of legal services to highly diverse clients.

HANBYOL LAW, LLC provides services in a wide range of legal matters related to insurance, maritime and air transportation across the gamut of categories:

  • Advice on maritime accidents, such as ship collusion, marine pollution, maritime salvage, General Average(loss or damage to a ship or its cargo, which is shared among ship owners), etc., and services in litigation
  • Advice on ship construction, remodeling, repair, charter, sale, and related financial matter
  • Advice on charter contracts, ship agency contracts, maritime freight contracts, and service in litigation
  • Advice on matters related to bill of lading, freight rates, demurrage, and resolution of disputes
  • Services and representation related to request for ship owner liability limitation procedure
  • Services in matters related to provisional seizure of ship and maritime lien, etc.
  • Advice on legal issues and litigations related to aviation accidents
  • Advice on legal issues and litigations related to air freight transportation
  • Services in transaction, lease and related financing of aircrafts
  • Advice on legal matters related to various international treaties on aircrafts
  • Advice on legal matters related to various international treaties on aircrafts
  • Service related to legal disputes arising in connection with various insurances, and interpretation of concerned terms and condition of insurances
  • Advice and service in litigations related to various specialized insurances
  • Advice and service in litigations related to overall insurances

Environment

As the environment has emerged as a key issue in contemporary society, environmental laws, regulations and related procedures have begun to shape all aspects of our lives including the society and economy.

Keeping pace with these trends, HANBYOL LAW, LLC provides advice, proposal, and counsel on a wide range of legal issues. Furthermore, HANBYOL LAW, LLC delivers a full array of services in legal matters with expeditious advice and updates on environment-related laws/regulations and concerned issues, providing trustful insight and acumen that drive the foolproof decision-making of individuals and corporations, along with services in litigations as necessary.

HANBYOL LAW, LLC provides services in legal areas related to environment such as:

  • Advice and service in litigations related to environmental disputes
  • Advice on domestic/overseas laws and regulations on environment
  • Environmental liabilities
  • Procedures related to environment
  • Services related to environment in commercial and real estate transactions
  • Advice on a variety of environment-related licenses/permits and assessment of compliance with environmental laws/regulations
  • Other services
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