Expertise

Aviation, Maritime and Transportation

Introduction

Introduction

Shin & Kim’s Aviation, Maritime and Transportation Teams have extensive experience in advisory services and dispute resolution with respect to the domestic and foreign logistics industry.

[Aviation]
Shin & Kim’s Aviation Team has in-depth understanding of the Aviation Act and provides advisory and litigation services to the clients on complex legal issues arising from the Aviation Act and all other matters the clients may face in conducting its business in the aviation industry. Since its establishment, our team has provided competent and effective services to the clients with respect to the all matters arising from the Aviation Act. For example, our team has provided advice on the allocation and collection of traffic rights for domestic and international routes, revocation of a route license, suspension of flights and imposition of fines for insufficient maintenance and flight accidents, issuance of ABS secured by account receivables of domestic and international routes, Codeshare agreements among airlines, responses to aviation-related regulations and laws, disputes between passengers and airlines and labor-management disputes.

[Maritime]
Shin & Kim’s Maritime Team provides comprehensive advisory and litigation services to the clients who face legal issues on maritime law. Our collective expertise in maritime law and extensive experience in a wide range of cases enables us to devise effective legal strategies tailored to the specific needs of each client. Our broad and diverse practice areas include disputes over a charter agreement, shipbuilding agreement, bill of lading, shipping finance and maritime accidents. Most maritime disputes inevitably involve cross-border aspects such as the issue of governing jurisdiction and law. Our team has competent professionals specializing in international disputes and maintains close working relationship with global law firms.

[Logistics & Transportation]
With our extensive expertise in all areas of the logistics industry including transportation, storage, processing, packaging, loading and unloading, and logistics system and the transportation industry including land, sea, air or multimodal transport, Shin & Kim’s Logistics & Transportation Team has an excellent track record of providing effective advisory and litigation services to the clients and accomplishing satisfactory results on complex and sophisticated matters. Our team has become a leading player in the logistics and transportation industries and has an ability to provide expert legal advice tailored to the specific need of each client. Shin & Kim’s Logistics & Transportation Team provides unparalleled legal services across all areas of logistics including dispute resolution in carrier agreements and labor disputes and general advisory services on 3PL.

Key Services

Shin & Kim’s aviation, maritime and logistics & transportation teams provide the following services: 

Aviation

Advisory

  • Allocation and collection of domestic and international traffic rights and revocation of domestic and international route licenses.
  • Codeshare agreements between airlines.
  • Issuance of ABS secured by account receivables for domestic and international routes.
  • Interpretation, improvement, and legislation of aviation-related laws and regulations.

Advisory, Litigation and Arbitration

  • Representation of airline companies in suspension of flight and imposition of fines for violations of the Aviation Act including insufficient maintenance and flight accidents.
  • Representation of airline companies in disputes over various issues including flight tickets and mileage.
  • Representation of airline companies in their disputes. 
Maritime

Advisory, Litigation and Arbitration

  • Charter agreements.
  • Shipbuilding agreements or ship purchase agreements.
  • Bills of lading.
  • Ship financing.
  • Provisional attachment, attachment of ships or a maritime lien.
  • Commencement of the procedure for limitation of liability of ship-owners for maritime claims.
  • International trade and letters of credit.
  • Maritime and export insurance.
  • Maritime accidents including collision of ships, fire, sinking, maritime rescue, general average disbursements insurance, or maritime oil pollution accidents.
Logistics & Transportation

Advisory, Litigation and Arbitration

  • Land (including railways), maritime, and air transports, multimodal transport, warehouses, loading and unloading. 
  • Cargo transport agreements and transport charges between shippers, freight forwarders and contractors. 
  • Establishment, management, and lease of a logistics base by a logistics company.
  • Laws and regulations governing the logistics industry including the Framework Act on Logistics Policies.
  • Supply chain including the 3PL.
  • Labor disputes involving crew members, truck owners, dispatched workers and contract workers.
Experiences
Aviation(Advisory)
  • Advice to Company A on its issuance of ABS secured by account receivables of an airline for its domestic and international routes.
  • Advice to airline companies on their allocation and collection of traffic rights for domestic and international routes and revocation of a route license.
Aviation(Litigation and Arbitration)
  • Representation of Company A in its action to remedy the refusal of allocation of traffic rights.
  • Representation of Company A during administrative actions and proceedings with respect to a flight suspension due to a flight accident.
Maritime(Litigation and Arbitration)
  • Representation of a company during the SIAC arbitration between Company S and European Company N with respect to a shipbuilding agreement.
  • Representation of the Korean government during WTO case in which the EU sued the Korean government for providing subsidies to Korean shipbuilders.
  • Representation of Hyundai Oil Bank with respect to the oil spill accident of Hebei Spirit around Taean offshore.
  • Representation of a company with respect to bareboat charter between Dooyang Line and Samsung C&T.
  • Representation of a company in damages lawsuit for delivery of cargo without a bill of lading.
  • Representation of Korea Export Insurance Corporation with respect to various export insurance disputes.
  • Representation of a company in disputes over an advance refund guarantee in a shipbuilding agreement.
  • Representation of Nordisk in maritime disputes.
Logistics & Transportation(Advisory)
  • Advice to KORAIL on its review on the ICD inland container depot project.
  • Advice to a company on interpretation of the regulations relating to Busan Port Transport Union.
  • Advice on multimodal transport project with respect to the exchange between South Korea and North Korea.
  • Advice to a logistics company with respect to personally owned company vehicles, Business Model patents, and quarantine obligations under Plant Protection Act.
  • Advice to a logistics company with respect to the new industrial cluster development project under the Factory Establishment Act.
  • Advice to a logistics company with respect to performance of the 3PL by medical device distributors.
Logistics & Transportation(Litigation)
  • Representation of Hyundai Glovis against a contractor with respect to transport charges and continuous transport contract disputes (judgement in favor).
  • Representation of Belimed, a Swiss manufacturer of medical devices, in a lawsuit with respect to the transport and supply of medical devices (judgement in favor).