Constitutional Litigation

"Strategic approach, exceptionally effective legal reasoning and ability to draw the big picture. I've used many different law firms but these guys are the best."

- Chambers & Partners Asia-Pacific

Overview

BKL’s Constitutional Litigation group includes not only Korea’s top appellate attorneys, but also former judges, regulatory officials, and professionals from the National Assembly Secretariat with extensive experience and insights into regulatory and legislative processes. BKL’s group has achieved outstanding results in court. However, BKL’s unparalleled resources allow it to help its clients identify and navigate potential constitutional issues even before legislation and regulations are enacted.

A business focused approach to constitutional issues

Using its extensive know-how, the Constitutional Litigation group helps its clients identify and anticipate potential constitutional issues before problematic regulations are even enacted. BKL monitors proposed legislation and regulations to identify risks for their clients, and provides holistic approaches to managing those risks. BKL also guides its clients through the process of commenting on proposed bills and regulations, administrative challenges and appeals, and, of course, representing clients in litigation to the highest courts.

Analyzing the best forums and strategies for the client’s needs

The Constitutional Litigation group’s unparalleled bench of former administrative and court officials allows BKL to strategize on the best forums and procedures for the client’s legal and business needs. BKL’s attorneys and professionals have extensive experience with all major regulatory entities and administrative forums, Korea’s highest courts, and the National Assembly Secretariat that help BKL understand where the greatest risks, procedural burdens, and opportunities will lie.
 

Key Services

Legislative and regulatory monitoring and challenges
Monitoring legislative bills and regulatory proposals for potential impact on clients’ interests
Analyzing potential constitutional issues in both favorable and unfavorable bills and regulations
Drafting and submitting comments and finding opportunities to provide input
Dispute Resolution
Challenging the constitutionality of laws and governmental acts in courtsFiling a constitutional complaint for an act of public authority infringing basic rights of individuals with the Constitutional Court
Defending government authorities in constitutional litigations

Representative Cases

Successful facial challenges to the constitutionality of statutes
Successfully argued for the unconstitutionality of Article 18(1)6 of the Health Functional Foods Act, etc.
Successfully argued for the unconstitutionality of Article 18(1) of the Regulations on the Training and Qualification Recognition of Dental Specialists, etc.
Successfully argued for the unconstitutionality of Article 109(10) of the National Health Insurance Act, etc.
Successfully argued for the unconstitutionality of Article 328(1) of the Criminal Act. This section remits punishment for the property crimes among lineal blood relatives, spouses, relatives living together, or their spouses.
Successful defenses on behalf of government authorities or interested persons in constitutional complaint cases
Confirmation of constitutionality in a case challenging the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital
Confirmation of constitutionality in a case challenging the sanitary conditions for importation of U.S. Beef & Beef Products
Confirmation of constitutionality in a case challenging subparagraph 4 of Article 21 of the Act on the Establishment and Operation of Korea Communications Commission, etc.
Confirmation of constitutionality in a case challenging Article 5(2) of the Act on Broadcast Advertising Sales Agencies, Etc.
Confirmation of constitutionality in a case challenging subparagraph 1(a) of Article 2 of the Anti-Terrorism Act for the Protection of Citizens and Public Safety
Confirmation of constitutionality in a case challenging the Ministry of Economy and Finance’s measures to stabilize the housing market by prohibiting housing mortgage loans for purchasing ultra-high-priced apartments