朴峻成

Mr. Joonsung Park is a partner at Shin & Kim whose principal areas of practice include litigation and advisory services in the areas of construction and real estate disputes, public-private partnership (PPP) projects, urban development projects, and various administrative and civil lawsuits.

Mr. Park provides advisory and litigation services mainly for major construction and real estate disputes, and large-scale infrastructure and urban development projects. Based on his expertise gained through the completion of the doctoral coursework in administrative law at Seoul National University School of Law, he has achieved outstanding results in proactively responding to various administrative actions and in administrative litigation.

In addition, drawing on the knowledge and expertise gained through obtaining the CP3P certification, an internationally recognized PPP qualification, and completing the Place, Community and Urban Design program at the University of Oxford in the UK, he provides comprehensive and multidimensional solutions to disputes arising in the development and operation of urban development and infrastructure projects. More recently, following the completion of the Visiting Scholars, Jurists & Researchers Program at UCLA in the United States, he has expanded his practice to include advisory work on overseas infrastructure development and EPC contracts, as well as cross-border disputes.

Advisory and Dispute Resolution for Large-Scale Public-Private Partnership (PPP) Projects and Energy Infrastructure

• Advisory and litigation concerning a large-scale mixed-use cultural complex development project in Gyeonggi Province
• Litigation concerning the registration of the transfer and cancellation of land ownership in connection with a resort-type residential complex development project in Jeju Island
• Damages litigation arising from the suspension of operations at a combustible waste-to-energy facility in Gwangju
• Damages litigation arising from violations of quality standards for solid recovered fuel (SRF) products
• Arbitration concerning adjustments to usage fees and increases in operating costs under a project agreement for a combustible waste-to-energy project
• Advisory and litigation concerning the construction and operation of a privately-financed thermal power plant in Samcheok
• Arbitration concerning claims for additional indirect costs and other expenses arising from heat pipeline construction work for the Osan Segyo District 2 housing site development project
• Damages litigation arising from defects in the installation of foundation structures for an offshore wind condition measurement facility
• Advisory concerning the interpretation of the Wastes Control Act and other legal issues relating to the operation of a combustible waste-to-energy facility
• Advisory concerning claims for increased electricity costs and their incorporation into the concession agreement in connection with the operation of a sewage treatment facility under a private-financed project
• Advisory in connection with a smart energy infrastructure development project

Advisory and Dispute Resolution related to Urban Development Projects

• Litigation seeking the revocation of the designation of an urban development zone, the designation of the project developer, and an expropriation adjudication in connection with an urban development project in Yuseong-gu, Daejeon, as well as an objection to the expropriation adjudication before the Central Land Tribunal
• Advisory concerning the settlement of project costs and related matters for an urban development project in Siksa-dong, Goyang
• Advisory concerning resolutions of the general meeting of an urban development project association and related matters for an urban development project in Pung-dong, Goyang
• Advisory concerning amendments to the development plan and related matters for an urban development project in Jangan-gu, Suwon

Advisory and Dispute Resolution related to Construction Work

• Litigation concerning claims for additional construction payments arising from price escalation and other factors in connection with the construction of large-scale apartment complexes in Seoul, Incheon, Gimhae, and other locations
• Arbitration concerning claims for additional construction payments arising from price escalation and other factors in connection with the construction of an officetel in Sangbong-dong, Seoul
• Litigation concerning claims for construction payments in connection with a factory expansion project in Ansan and the construction of a neighborhood commercial facility in Seongnam
• Litigation arising from conduction defects involving large-scale apartment complexes in Daegu and Suwon, an R&D center in Busan, and other projects
• Advisory and litigation concerning design service fees
• Litigation by contractors against Korea Land & Housing Corporation, seeking confirmation of claims for soil disposal costs
• Preliminary injunction proceedings seeking suspension of the effect of a resolution on the reimbursement of construction costs adopted by a reconstruction project association in Banpo-dong, Seoul
• Preliminary injunction proceedings seeking suspension of blasting works for a reconstruction project in Daechi-dong, Seoul
• Advisory concerning the scope of a contractor’s liability under the Construction Management at Risk arrangements
• Advisory for proceedings for the determination of claims against a bankrupt contractor and on strategies for recovery of such claims

Advisory and Dispute Resolution related to Real Estate and Trusts

• Damages litigation arising from the cancellation of a commercial property sale agreement in the Hanam Misa Housing Site Development District
• Litigation seeking the return of investment funds in connection with a large-scale building development project in Magok, Seoul
• Litigation concerning the conversion of 10-year public rental housing units to private ownership in Pangyo
• Litigation seeking a declaration of non-existence of the obligation to make contributed acceptance of roads and other infrastructure in connection with a housing development project
• Damages litigation against a trust company by purchasers and pledgees of beneficial interests in connection with real estate sale agreements
• Litigation against a trust company by the successful bidder in a public auction of trust property seeking the return of the bid deposit
• Damages litigation against a trust company for breach of its fiduciary duty in connection with an officetel development project in Busan
• Preliminary injunction proceedings seeking to prohibit a trust company from disbursing proceeds from the disposition of real estate
• Preliminary injunction proceedings seeking an order requiring notice of consent to a request for the disbursement of trust proceeds in connection with an urban development project in Gimhae
• Advisory concerning various disbursements by trust companies and land trust projects involving guaranteed completion obligations
• Advisory concerning the scope of a trust company’s liability in the event of a contractor’s bankruptcy and measures to secure monetary claims
• Advisory concerning claims for reductions in commercial rents due to declines in revenue resulting from COVID-19

Advisory and Dispute Resolution related to Local Housing Cooperatives

• Litigation concerning construction payments, damages for delayed occupancy, service fees for a project management company, and related matters involving a local housing association in Gwangju, Gyeonggi Province
• Litigation concerning the cancellation of sale in lots and refund of purchase payments involving a local housing association in Songdo, Incheon
• Advisory concerning disputes among a project management company, the head of a local housing association, and the operator of an online community in Pohang

Response to Administrative Regulations, Administrative Litigation, and Advisory

• Submission of an opinion challenging penalty points imposed by Seoul Housing & Urban Development Corporation on a construction contractor (a reduction in the penalty points)
• Reappeal in an administrative fine case involving the submission of false information under the Firefighting System Installation Business Act (reversed and remanded by the Supreme Court)
• Litigation concerning compensation for losses arising from a redevelopment project and statutory additional compensation for delay under the Act on Acquisition of and Compensation for Land for Public Works Projects
• Litigation seeking the revocation of a decision denying a deduction from metropolitan transportation facility charges
• Litigation seeking the revocation of the imposition of farmland preservation charges in connection with the development of a general industrial complex in Asan, Chungcheongnam-do
• Litigation and stay-of-execution proceedings seeking the revocation of decision cancelling approval of the appointment of board chairs and other officers of various school foundations
• Litigation and stay-of-execution proceedings seeking the revocation of corrective measures imposed following an on-site investigation
• Litigation seeking the revocation of a decision rejecting an application for approval to change the designated use of fundamental property for educational purposes
• Advisory concerning environmental impact assessments in connection with the construction of a social welfare facility in Yongin and other development projects
• Advisory concerning additional facility contribution charges claimed by Korea Electric Power Corporation (KEPCO) for underground power line construction
• Advisory concerning compliance of architectural designs with landscape review regulations and applicable landscape plans

Advisory for and Resolution of Cross-Border Disputes

• Litigation concerning construction payment in connection with a hotel construction project in Vladivostok, Russia
• Damages litigation between a global franchisor and a Korean franchisee
• Review of FIDIC-based English-language contracts and related documents concerning the selection and engagement of specialist subcontractors
• Advisory concerning disputes arising from EPC contracts with overseas entities
• Advisory concerning insured events involving overseas entities and related insurance claims
• Advisory concerning potential U.S. economic sanctions implications in connection with insurance payments

Resolution of Other General Corporate Disputes

• Litigation concerning the confirmation of shareholder rights and claims for damages arising from a management control dispute
• Litigation concerning settlement payments arising from share transfers and agreements for the settlement of investment funds