金光在
Partner概观
Mr. Kwangjae Kim is a partner at Shin & Kim. Mr. Kim’s main practice areas include constitutional litigation, administrative proceedings, construction-/real estate-related disputes, environmental disputes, and ESG.
Mr. Kim has been recognized for his great expertise and competence in constitutional litigation by successfully obtaining victories in multiple constitutional lawsuits, including a judgment of constitutional nonconformity of the abortion provision in the Criminal Act and a judgment that declared the “internet real-name verification system operated during an election campaign pursuant to the Public Official Election Act” unconstitutional. He also provides his clients with custom legal services in administrative litigation and construction-/real estate-related disputes, including redevelopment and reconstruction. Furthermore, he has developed expertise in environmental disputes and ESG by handling various climate change litigations and by serving as the Research Director of the Korean ESG Society.
Mr. Kim acquired his Bachelor’s degree in Economics at Seoul National University and received his Master’s degree of Law, and completed a Doctor of Laws course, at Korea University. He also studied at the University of Munich, Germany as a visiting scholar. Mr. Kim is currently an adjunct professor at Soongsil University, Vice Chairman of the Academic Committee of the Korean Bar Association, and lecturer at the Lawyers Training Center.
业务领域
工作经历
- 2022-PresentShin & Kim LLC
- 2022-PresentResearch Director, Korean ESG Society
- 2021-PresentSteering Committee Member and Instructor, Lawyers Training Center, Korean Bar Association
- 2021-PresentMember, Researcher Rights Committee, Ministry of Science and ICT
- 2021-2022Visiting Professor, Inha Law School (Administrative Litigation Practice)
- 2020-2021Chairman, Human Rights Committee, The Association of Korean Medicine
- 2020-2021Director, Korean Society of Law
- 2019-2022Representative Attorney, Law Firm Family
- 2019-PresentVice Chairman, Academic Committee, Korean Bar Association
- 2019-PresentMember, Standing Academic Committee, Korean Provisional Government Commemoration Project Association
- 2018-PresentAdjunct Professor, College of Law, Soongsil University (Constitution, Human Rights Law)
- 2007-2022Representative, Doheon Public Law Research Institute
- 2006Public Defender, Constitutional Court of Korea
- 2005Judicial Research & Training Institute of the Supreme Court of Korea
主要业绩
- Attorney-at-law specializing in constitutional litigations (registered with the Korean Bar Association in 2020)
- Attorney-at-law specializing in redevelopment/reconstruction (registered with the Korean Bar Association in 2011)
- Attorney-at-law specializing in real estate (registered with the Korean Bar Association in 2011)
- Petitioned for adjudication on the unconstitutionality of Article 269 (1) of the Criminal Act (setting forth the crime of self-abortion and the crime of abortion by the doctor); resulting in a decision of non-conformity with the Constitution
- Handled a case seeking the unconstitutionality of Article 82-6 (1), etc. of the Public Official Election Act (on the identification of real names on bulletin boards during election campaigns); resulting in a decision of unconstitutionality of the clause
- Handled a case seeking the unconstitutionality of Article 79 (3), etc. of the Public Official Election Act (on the absence of noise exposure limits for the use of loudspeakers during public official election campaigns); resulting in a decision of non-conformity with the Constitution
- Handled a case seeking the unconstitutionality of Article 15 (2) of the Public Official Election Act (setting forth the right to vote for those aged 19 or older); resulting in the amendment of the Act to change the voting age to 18 years or older
- Handled a case seeking the unconstitutionality of Article 11 of the Assembly and Demonstration Act (setting forth complete ban on any outdoor assembly or demonstration anywhere within a 100-meter radius from the boundary of the Constitutional Court of Korea); resulting in the amendment of the Act to allow exceptions to the ban
- Handled a case seeking the unconstitutionality of Article 123 (1) of the National Assembly Act (requiring an introduction by an assemblyman when petitioning to the National Assembly); resulting in the amendment of the Act to add a public consent clause
- Study of Improvement on the Korean National Assembly’s Examination Criteria for Illegality, etc. of Administrative Legislation (policy research conducted at the request of the Secretariat of the National Assembly)
- Unconstitutionality of the Provision Prohibiting the Use of the Title “Certified Tax Accountant” by Attorneys-at-Law Qualified as Certified Tax Accountants (research conducted at the request of the Legislation Research Institute of the Korean Bar Association)
教育背景
- 2020Korea University Graduate School of Law (Ph.D., coursework completed)
- 2017Korea University Graduate School of Law (LL.M.)
- 2013-2014Ludwig Maximilian University of Munich, Visiting Scholar
- 1995Seoul National University College of Social Sciences (B.A., International Economics)
资格
- 2005Admitted to bar, Korea
所屬
- Korean Bar Association
语言
Korean, English, German
主要活动
Publications
- Basic Lecture on Constitution, Willbes (2022)
- Administrative Litigation Practice – Theory and Preparation – , Willbes (2021)
- “Establishing Human Rights and Justice,” Decisions of Unconstitutionality by Constitutional Court for 30 Years – Unconstitutional Decisions and Subsequent Changes – , Willbes (2019)
- Succession to Legal Tradition of Provisional Government of Republic of Korea, Willbes (2019)
- Constitutional Litigation for Practitioners – Theory and Preparation – , Willbes (2017)
- Birth and Origin of Constitution of Republic of Korea, Willbes (2017)
Research Paper
- Commentary on Discrepancy between Constitution Day and “Enacted on July 12, 1948” in Preamble to Constitution, Collection of Legal Treatises, Legal Research Institute of Soongsil University (2022)
- Review on Freedom of Divorce and Post-divorce Support – Reinterpretation of Duty of Support for Conversion to No-fault Divorce Regime –, Human Rights and Justice, Korean Bar Association (Co-author, 2021)
- Consideration of Decision of Constitutional Nonconformity of Abortion Provision and How to Improve Relevant Legislation – Regarding 2017 Heonba 127 Judgment dated April 11, 2019, Human Rights and Justice, Korean Bar Association (2020)
- How to Build Multicultural Society and Democracy – Focusing on Expansion of Political Rights of Foreigners – , Judges and Lawyers, Korea Lawyers Association (2019)
- Constitutional Reinterpretation of March 1 Korean Independence Movement as March 1 Korean Revolution – In connection with Controversy over National foundation Day – , Collection of Legal Treaties, Institute for Legal Studies of Chonnam National University (2019)
- Problems in, and How to Improve, Presidential Veto Power System – Focusing on Extraordinary Issues Arising When National Assembly Closes due to Expiration of Term of Office – , Comparative Law Research, Korea Comparative Public Law Association (2018)
- Constitutional Consideration of Online Real Name System during Election Campaign Period – Critical Review of 2012 Heonma 734 Judgment and 2012 Heonba 338 Judgment (Combined) dated July 30, 2015 – , Collection of Legal Treaties, Legal Research Institute of Soongsil University (2018)
- Comparative Study on Abortion Issues – Focusing on Legislations and Precedents of Other Countries – , Human Rights and Justice, Korean Bar Association (2018)
- Study on Application, and How to Achieve Intent, of Right to be Forgotten Online – Focusing on Digital Extinction Technology – , Law and Society, Korean Law & Society Association (2018)
- Study on Form of Semi-presidential Government and Argument of Constitutional Amendment to Semi-presidentialism, Constitutional Research, Constitutional Academic & Professional Association (2018)
- Constitutional Points at Issue Regarding Law on Support for Victims of Sewol Ferry Disaster – Focusing on Provisions on Deemed Judicial Settlement and Prohibition of Objection – , Judges and Lawyers, Korea Lawyers Association (2017)
- Constitution of Korean Provisional Government and Preservation of Its Spirit – Continuity of Constitution of Korean Provisional Government and 1948 Korean Constitution – , LL.M Thesis, College of Law of Korea University (2017)
受賞
- 20199th Excellent Attorney Award, Korean Bar Association
- 2018Best Paper Award, Constitutional Academic & Professional Association
