行政訴訟

"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

概要

BKL’s Administrative Litigation group has achieved outstanding results not only in administrative litigation, but also in advisory services based on collaborations between BKL’s experienced attorneys and former professionals from the Seoul Administrative Court, and other governmental entities.

A business focused approach to the entire administrative and regulatory processes

Based on its extensive experience, expertise and know-how, the Administrative Litigation group provides clients with optimal solutions for their legal and business needs. BKL’s experts analyze all dimensions of administrative issues, including when, where, and how to raise legal challenges and modify business practices to minimize burdens on the client. This can include submitting preliminary opinions to regulators, preparing for hearings to reduce the impact of permitting issues and administrative sanctions, strategic approaches to appeals with respect to civil complaints, administrative trials and administrative lawsuits, etc.

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

The Administrative Litigation group derives the best solutions to solve clients’ issues across all administration and regulation areas, including analyzing laws, bills, and regulations for opportunities to improve government policies and responding to individual administrative actions. BKL’s attorneys and former officials from the Ministry of Trade, Ministry of Industry and Energy, Ministry of Environment, the Defense Acquisition Program Administration, and the Board of Audit and Inspection collaborate seamlessly to protects our clients’ rights and interests.
 

主な取扱業務

Responding to administrative actions
Representation through all stages of administrative actions.
Multidimensional strategies including business mitigation and forum selection.
Resolution of disputes relating to administrative actions
Administrative trials and administrative lawsuits
Civil complaints filed with the Anti-Corruption and Civil Rights Commission, request for inspection by the Board of Audit and Inspection, etc.
Defense against civil and criminal lawsuits, resident lawsuits and class action lawsuits relating to administrative actions
Advice relating to approvals and permits and other administrative regulations
Multidimensional analysis of laws and potential changes.
Response to audits and other administrative investigations
Response to criminal investigation procedures and imposition of fines for violation of regulatory administrative laws and regulations

主な案件実績

Cancellation of the refusal to provide compensation for losses for COVID-19-designated medical facilities
Cancellation of the imposition of penalty surcharges on medical facilities with respect to the MERS incident and relevant civil and criminal cases
Cancellation of the disposition of drug price reduction for pharmaceutical products manufactured by a pharmaceutical company and cancellation of the suspension of medical care benefits
Cancellation of the designation of autonomous private schools in Seoul in 2019
A case leading to a judgment that the Minister of Education’s price adjustment order (approximately KRW 40 billion) for the government-authorized textbooks was illegal
Cancellation of a request for termination of contract for appointment of a clinical faculty member of a private medical university and return of unjust enrichment (approximately KRW 14 billion)
Cancellation of the imposition of overcrowding charges, development charges, etc.
Litigation relating to the greenhouse gas emission allowance system
A case leading to the Supreme Court’s ruling that the Bogeumjari housing construction project is not subject to the imposition of the school site charges on behalf of LH Corporation
A case leading to a judgment that the imposition by a port authority of the port facility usage fees constitutes an administrative action subject to administrative litigation and is illegal because the standards for imposition of the usage fees were wrongly applied
Advice and litigation concerning the response to the defeat device allegations to a foreign automobile company
Advice relating to a foreign airline’s application for the operation of new routes
Advice relating to the sale of harbor facilities
Advice on preliminary procedures for administrative actions relating to the importation of cosmetic products by a foreign company
Advice relating to the recall of mattresses and construction finishing materials found to contain radon
Advice on environmental impact assessment for mining permit and response to criminal case
Advice on permits and approvals for the construction of a coal-fired power plant
Advice relating to the return of the state subsidies for wastewater treatment facilities (approximately KRW 50 billion)
Advice relating to the response to a plant/workplace accident and environmental pollution
Response to and advice on hearing procedures relating to the revocation of construction permit for logistics warehouse facilities