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Yellow Envelope Act Task Force

"The team has accumulated a wealth of experience and has a deep understanding of actual situations occurring at companies, so you can receive practical, not just theoretical assistance."

- Chambers and Partners Asia-Pacific

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Overview

Bae, Kim & Lee LLC’s “Yellow Envelope Act TF” provides comprehensive response and advisory services relating to the Yellow Envelope Act, grounded in extensive and hands-on experience.

The Yellow Envelope Act TF (Task Force; the “TF”) delivers full-spectrum advisory and support services, including: (i) risk assessments of prime contractors’ status as “employer” based on the “substantive control” test; (ii) proposals for improvement through industry-specific contracts and contractual structure analysis; and (iii) strategy development to prepare for expanded collective bargaining demands by labor unions. The TF has handled the majority of relevant litigation in Korea prior to the enactment of the Yellow Envelope Act, and has developed deep know-how on how the ‘substantive control’ is evaluated and contested in practice. Based on this experience, the TF provides strategic, industry-tailored responses that reflect real-world contract structures and actively supports clients in maintaining stable labor relations.

The TF is led not only by attorneys with deep expertise in labor and employment law, but also by former judges and former Supreme Court judicial researchers, together with Certified Public Labor Attorneys and other experts from diverse backgrounds, including a former Vice Minister of Employment and Labor. BKL’s Labor & Employment Group has extensive experience handling leading cases concerning the determination of the employer status of prime contractors, which is an issue that had been actively disputed even before the Yellow Envelope Act was introduced. In addition, BKL distinguishes itself among leading law firms in Korea by having accumulated substantial experience acting directly as management-side bargaining representatives in collective bargaining at numerous companies as an active participants in labor relations. Leveraging this practical experience, the TF goes beyond one-off legal advice and provides companies with pragmatic, business-oriented response strategies rather than purely textbook solutions. 

Key Services

Yellow Envelope Act Response Consulting / Advisory
Establishment of assessment standards for determining the “employer” status of prime contractor, the core issue under the Yellow Envelope Act, and provision of consulting/advisory services to analyze, improve, and mitigate existing corporate risk exposure
Preparation for anticipated disputes following implementation of the Act through the review of lower court precedents, legislative background of the Yellow Envelope Act, and Ministry of Employment and Labor interpretive guidelines in a various perspective
Dispute Response Relating to Employer Status of Prime Contractors
Tailored representation and response across all types of disputes arising from evolving labor relations, including not only litigation concerning prime contractor’s employer status, but also Labor Relations Commission proceedings, petitions/complaints/ reports filed with the Ministry of Employment and Labor, and applications for dispute mediation
Collective Bargaining Representation / Participation as Bargaining Committee Member
Direct participation as management-side bargaining committee member to develop company’s response strategies, explore negotiation options, and promote stability in labor relations
Development of broader collective bargaining response strategies
General Labor Relations Advisory and Dispute Support
One-stop advisory and dispute response services covering all areas that may arise in labor relations

Practice Areas

Representative Cases

Representation of a domestic logistics and delivery company (prime contractor) in disputes concerning its status as an employer.
Representation of a domestic steel company (prime contractor) in disputes concerning its status as an employer
Representation of a domestic shipbuilding company (prime contractor) in disputes concerning its status as an employer
Representation of a domestic duty-free retail company (prime contractor) in disputes concerning its status as an employer
Representation of domestic steel and shipbuilding companies in labor dispute mediation proceedings
Currently providing Yellow Envelope Act–related advisory and consulting services to approximately 100 companies
Participation as management-side bargaining committee member for numerous domestic IT and gaming companies
Representation of a domestic steel company in dispute mediation proceedings
Participation as bargaining committee member for a wide range of companies, including foreign-invested chemical manufacturers, telecommunications companies, financial institutions, and wholesale/retail businesses

Key Contacts

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Practice Areas

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