Byeongheon Yang is an associate in Shin & Kim’s Financial Dispute Group, providing legal services across the full spectrum of corporate litigation, from civil and commercial litigation to management control disputes, as well as corporate governance matters.

Mr. Yang has successfully represented companies, shareholders, and executives across various industries in contentious matters. He advises clients on matters of corporate governance, including the exercise and defense of shareholder rights at general meetings, the composition of boards of directors and audit committees, and director compensation. Additionally, he has a proven track record of success in multiple fields, including white-collar crime, labor, and administrative law.

Civil and Commercial Litigation

• Represented clients in numerous disputes arising from investment agreements, including share purchase agreements, shareholders’ agreements, subscription agreements, and bond subscription agreements, involving call and put options, claims for damages resulting from breaches of representations, warranties, and covenants, contract termination, and challenges to share issuances relating to conversion price adjustments (refixing).
• Represented shareholders and management in multiple shareholder derivative actions.
• Represented a company in numerous lawsuits concerning directors’ compensation.
• Represented entertainment agencies in shareholder disputes and other disputes relating to exclusive management contracts with entertainers.
• Represented a shareholder in successfully obtaining an injunction prohibiting management from disposing of a company’s material assets.
• Represented heirs in successfully litigating actions to confirm shareholder rights and compel share transfer registration in connection with shares inherited through successive generations.
• Represented a private school foundation in successfully defending a wage claim arising from alleged unfavorable amendments to employment rules.

Corporate Control Disputes

• Represented companies in numerous disputes involving the exercise of shareholder rights by activist funds, shareholder alliances, and other shareholders, including applications for the convening of shareholders’ meetings, injunctions against agenda proposals, disputes concerning the exercise of voting rights, injunctions against shareholders’ meeting resolutions, suspension of the effectiveness of resolutions, suspension of directors’ duties, and actions seeking annulment or declarations of non-existence of shareholders’ resolutions.
• Represented shareholders in numerous proceedings relating to the exercise of shareholder rights, including shareholder proposals, inspection and copying of corporate books and records, disputes concerning voting rights, injunctions against shareholders’ meetings, access to shareholders’ meetings, confirmation of director status, suspension of directors’ duties, and actions seeking annulment or declarations of non-existence of shareholders’ resolutions.
• Represented a general partner (GP) in a corporate control dispute initiated by limited partners (LPs) seeking to replace the GP, including proceedings for injunctions against partner resolutions.

Shareholders’ Meetings and Corporate Governance

• Advised on the exercise of shareholder rights and responses to shareholder actions at shareholders’ meetings.
• Advised on corporate governance matters, including the composition of boards of directors and audit committees, and directors’ compensation.
• Advised on dispute-related issues arising from the proposed sale of the site of H Hotel.

Criminal and Administrative Litigation

• Represented chief executive officers and other executives in corporate criminal matters involving alleged violations of the Financial Investment Services and Capital Markets Act and the Act on the Aggravated Punishment of Specific Economic Crimes (including embezzlement and breach of trust).
• Represented the owner of a construction company in successfully defeating an application for a detention warrant based on alleged violations of the Labor Standards Act.
• Represented the chairperson of a regional housing association in obtaining an acquittal in a criminal case involving alleged violations of the Housing Act.
• Represented a golf course operator in successfully challenging the revocation of its designation as an Investment Promotion District.
• Represented a resort company in successfully challenging the denial of approval for amendments to its business plan.