Antitrust & Competition

The Korea Fair Trade Commission (the "KFTC") has been proactively urging companies to institute compliance systems for laws and regulations falling under its jurisdiction. This initiative began with the introduction of the “Rules on Operation of Fair Trade Compliance Programs, Offering of Incentives, etc.” in 2016. Courts have also acknowledged the responsibilities of executives to create and implement internal control systems in recent rulings pertaining to collusion cases. Consequently, the demand for compliance systems in the realm of fair trade is steadily on the rise.
 
Aligned with this trend, Shin & Kim's Antitrust Group has been significantly involved in diverse consulting services, drawing from extensive experience in managing antitrust cases and litigation involving collusion, unfair support, unjust subcontracting, and breaches of the Act on Fair Transactions in Large Retail Business. Our Antitrust Group evaluates the potential for illegitimate practices within current transactional processes of corporate conglomerates or individual firms. We then offer guidance on enhancing these practices to ensure compliance with legal standards.
 
In particular, Shin & Kim's antitrust and competition practice goes beyond attorney-led compliance consulting services. It encompasses the involvement of former KFTC experts, ensuring that the "Competition Compliance Program" aligns with real-world trading practices and adheres to KFTC's law enforcement procedures. Our services entail tailored advice for clients at various stages, spanning from the initial assessment of whether the current transaction structure complies with pertinent laws and regulations under KFTC's jurisdiction to the establishment and ongoing enhancement of internal inspection systems. Through these endeavors, we contribute to the proactive prevention of antitrust-related regulatory breaches by corporate groups and affiliated companies, thereby systematically managing associated risks.

Corporate Governance

Shin & Kim offers legal advice on the establishment and operation of holding company groups, internal organizational restructuring within corporate groups, various transactional relationships, shifts in corporate governance, and all associated internal regulations and relationships involving internal entities (e.g., boards of directors and shareholders' meetings). With the recent implementation of the Korea Stewardship Code, there has been a rise in active exercising of shareholder rights by institutional investors, and shareholders are asserting various demands through minority shareholder rights, such as shareholder proposals. Furthermore, due to heightened laws like the Commercial Act and governmental agency regulations, the significance of enhancing corporate governance structures is being underscored, rendering the business landscape more intricate. As a result, the management of companies is increasingly compelled to promptly mitigate legal risks and resolve legal issues.
 
In this context, Shin & Kim’s corporate governance practice provides clients with tailored legal advice based on the specific stage of their case. This includes a comprehensive review of corporate governance issues from the perspective of the Companies Act and other relevant laws that govern the regulation industry, with the aim of proactively averting legal risks. If legal issues have already come to the fore, we offer timely and appropriate responses to resolve the matter.

Labor and Employment

Shin & Kim’s labor and employment practice is comprised of top professionals in the field, including attorneys, labor consultants, and experts with vast hands-on experience and expertise in labor and employment matters, as well as administrative and criminal cases related to these areas. Shin & Kim’s Labor and Employment Group offers top-tier expertise and outstanding teamwork to address various labor and employment issues under the recent trend of heightened regulations in labor and management systems, including the enactment of the Serious Accidents Punishment Act.
 
We offer a wide range of services in labor, employment, and associated criminal cases, covering issues that involve illegal dispatch of workers, industrial safety, safeguarding trade secrets, discrimination against non-regular workers, workplace harassment or sexual harassment, individual employment relationships, collective labor relations such as labor unions, corporate restructuring, responses to labor oversight, performance management, and beyond. These services are not only offered through conventional legal counseling, but are also delivered as integrated optimal solutions and consulting services that encompass problem prevention to resolution- all through a convenient one-stop system.
 
Shin & Kim’s labor and employment practice has a reputation for providing top-notch advice to a wide range of clients, including global and domestic conglomerates, as well as public institutions, government agencies, and small and medium-sized enterprises.

Environment

Shin & Kim's environmental practice offers comprehensive solutions for diverse environmental issues, drawing upon our extensive experience and expertise. This includes assessing and responding to environmental risks associated with business operations, providing guidance on environmental compliance, overseeing periodic license/permit renewals and post-regulatory actions for each business site within the Integrated Environmental Management System. We also offer counsel on the Chemical Substances Control Act, as well as consultation regarding soil pollution and waste management. By clearly recognizing the significance of environmental concerns and their intersection with corporate management performance, our team provides guidance on establishing a system that can effectively identify and address environmental risks.

Industrial Accidents & Safety

Shin & Kim's Industrial Accidents & Safety Team, comprised of experts with extensive experience and expertise, has been actively involved in tasks related to the response to the Serious Accidents Punishment Act. This includes establishing internal controls and compliance systems for companies to effectively manage risks. As part of these efforts, the team has conducted assessments of the current state and helped establish compliance systems for numerous domestic and foreign companies. Furthermore, it has achieved noteworthy outcomes across a wide spectrum of responsibilities, such as addressing investigations and trials for various severe industrial accidents, providing advisory services in the realm of industrial safety and health, and handling litigation and transactional matters concerning serious civil accidents (e.g., product liability).
 
Shin & Kim's Industrial Accidents & Safety Team functions through systematic collaboration, leveraging the experience and accomplishments of legal professionals across diverse practice areas. This approach assists companies in proactively identifying and assessing risks linked to serious accidents, ultimately facilitating the establishment of a comprehensive and seamless response system.

Anti-Corruption

In both domestic and international contexts, legislation and rigorous law enforcement are bolstering regulations concerning compliance management and anti-corruption measures, such as Korea's Improper Solicitation and Graft Act and the United States' Foreign Corrupt Practices Act (FCPA). Furthermore, there has been a notable reinforcement of anti-money laundering/combating the financing of terrorism (AML/CFT) frameworks, underscoring the significance of instituting corporate compliance systems and carrying out internal investigations to preclude and address escalating legal risks.
 
In particular, within the realm of AML, financial supervisory authorities like the Financial Services Commission, the Korea Financial Intelligence Unit (KoFIU), and the Financial Supervisory Service are urging companies to move beyond ex post facto supervision and adopt a proactive and preventative internal control system. Concurrently, as the scope of the AML system progressively extends to encompass not solely traditional financial institutions, but also casino operators, lenders, and virtual asset operators, these entities are also compelled to establish an adequate internal AML system. They are also subject to regular inspections, where non-compliance can lead to administrative measures, fines, or even criminal penalties.
 
Shin & Kim’s Anti-Corruption Team, with extensive practical experience and expertise across various domains, provides advisory services to diverse domestic and foreign companies. This includes listed companies, financial institutions, casino operators, lending firms, and virtual asset providers. Our services encompass establishing internal controls, anti-corruption measures, regulations, and programs, in addition to employee training, internal audits, and response strategies for regulatory authorities concerning corruption prevention and anti-money laundering efforts.

Privacy & Data Protection

Shin & Kim LLC’s Privacy & Data Protection practice offers specialized legal services in personal information, information security, and data relevant to the Personal Information Protection Act, the Credit Information Act, the Information and Communications Network Act, and the Basic Data Act. With extensive experience in the practical application of these laws, our team has successfully handled numerous personal information leakage incidents. Leveraging this expertise, we provide optimal solutions to help clients comply with legal obligations related to personal information protection and data utilization. This ensures the proactive elimination of business risks and effective enhancement of efficiency in data utilization operations. Members of Shin & Kim’s Privacy & Data Protection practice possess not only a deep understanding of related matters and a wealth of practical experience but also actively participate in governmental law enforcement and policy direction discussions. This proactive engagement allows us to stay ahead of the curve and closely understand the needs of companies. As such, we provide effective advice and solutions aligned with the rapidly changing trends and demands in the era of information.

Intellectual Property/Trade Secrets

Technical or managerial information that qualifies as a trade secret, or technology categorized as industrial technology, can be legally protected even without patent or utility model registration. Fraudulent acquisition, use, or disclosure of such information may constitute infringement of trade secrets or industrial secrets. There has been a noticeable increase in instances of technology leakage attributable to factors such as employees launching competing ventures, transitioning to rival firms, engaging in joint research and development initiatives, or undergoing due diligence procedures. Consequently, there has been a corresponding rise in the adoption of non-compete and non-disclosure agreements to mitigate these risks.
 
Shin & Kim LLC's intellectual property practice offers a comprehensive range of services, led by former judges of the Patent Court, seasoned patent attorneys, and experienced pharmacists. We provide full-spectrum support, encompassing negotiation, advisory services, litigation, and enforcement, all aimed at achieving optimal outcomes for our clients amidst the swiftly evolving landscape of both domestic and international markets in the realms of unfair competition and trade secrets.

Digital Forensics

In order to establish a systematic and effective compliance system, prioritizing in-depth analysis and assessment of the current state of business operations is crucial. The use of digital forensics technology and its review system is essential for such analysis and assessment. In particular, digital forensics has become vital in preliminary internal investigation, preparing against investigations by prosecutors. police, and various government agencies, such as the Fair Trade Commission, the Financial Supervisory Service, and the National Tax Service. Shin & Kim LLC’s Digital Forensics Center possesses top-notch professionals and technological expertise, offering various technical support and legal services, including digital forensics and e-Discovery.

Overseas Regulations

The Overseas Regulations Team at Shin & Kim offers comprehensive solutions to address diverse overseas regulatory risks encountered by clients and government entities. This includes financial sanctions and export controls in major countries, global supply chain risk management, and economic security issues. Leveraging extensive experience and exceptional expertise, the team specializes in various areas. Specifically, it facilitates the systematic establishment and management of foreign regulatory compliance programs and internal systems, enhances crisis management and internal controls, offers timely and professional advice on a range of laws and policies, advises on the development of internal strategies, and provides integrated one-stop services to adapt to and navigate the rapidly evolving landscape of global business activities.
 
Furthermore, Shin & Kim's Overseas Regulations Team collaborates with a diverse array of domestic and international legal experts. Together, they proactively assess the potential exposure of Korean companies to overseas regulations throughout the global business process. This collaboration aims to develop a systematic and comprehensive response strategy.

Healthcare

Shin & Kim's Healthcare Team is comprised of lawyers, advisors, and experts with extensive hands-on experience and expertise across the healthcare industry, encompassing pharmaceutical and medical device sectors. The team has demonstrated excellence in litigation and advisory services, accumulating a strong understanding and know-how of legal issues pertaining to the pharmaceutical and medical device sectors. This expertise has been honed through handling major cases for Korean and foreign companies in relation to corporate regulatory defense concerning product approvals, market access strategies, reimbursement coverage, and the expansion and reassessment of reimbursement standards.

Shin & Kim's Healthcare Team is highly regarded as a reliable business partner, offering comprehensive strategic counsel in business management. This includes expertise in regulatory defense against government investigations and sanctions, formulation of strategies to leverage government policies, proactive measures to mitigate upcoming risks, and proposing solutions through institutional reforms such as promotion of legislation.