North Korea

"This firm is really good at dealing with clients. There are many brilliant expert lawyers in this firm, and they will play a greater role in inter-Korean relations."

- Chambers and Partners Asia-Pacific

Overview

BKL provides specialized advice on unification and inter-Korean relations at the level of policy and legal analysis, as well as large-scale inter-Korean economic cooperation projects, joint management and joint ventures with North Korean companies, independent investment projects, inter-Korean trade, inter-Korean toll manufacturing businesses, inter-Korean tourism and cultural cooperation projects, inter-Korean cooperation insurance, and sanctions against North Korea, among others. BKL was the first law firm in Korea to form a team dedicated to North Korea matters in 2002 and our experts have developed a sensitivity to the issues over many years of advising the Korean government, domestic and international businesses. Our expert team is led by Wook Yoo, widely recognized for his expertise in North Korea matters, and Chan Ho Lee,  formerly with the Ministry of Unification for over 20 years where he gained exceptional hands-on experience with inter-Korean matters.

Unification and Inter-Korean Relations 

BKL advises the Korean government, public and private institutions, interest groups, and individuals on the inter-Korean relations and unification matters, spanning the Constitution, the Inter-Korean Exchange and Cooperation Act, the Development of Inter-Korean Relations Act, the North Korean Human Rights Act, the North Korean Refugees Protection and Settlement Support Act, and the National Security Act. We also provide specialized research and legal advice with respect to the consolidation of inter-Korean laws in furtherance of closer inter-Korean relations.

Large-Scale Infrastructure Projects for Inter-Korean Economic Cooperation 

In order to facilitate and promote large-scale infrastructure projects as part of inter-Korean economic cooperation, it is essential to ensure that both South and North Koreas implement a robust legal infrastructure, establish joint management agencies or jointly managed companies, create large special economic districts, and modernize railways and roads connecting the two Koreas. BKL has a long history of advising the Korean government and private businesses in connection with the Gaeseong Industrial Complex and tourism projects at Mount Kumgang. The new economic map of the Korean Peninsula poses new challenges, such as the creation of inter-Korean special economic districts, the formation of special tourist zones, connection of railroads and roads, and cooperation between ports, and our North Korea experts are committed to working with our clients on these unique and exciting opportunities.  

Business Projects in North Korea 

Inter-Korean economic cooperation projects via joint management or joint ventures with a North Korean entity, independent investment in North Korea or establishment of an entity in any form in North Korea require compliance with the laws of both Koreas. In addition, legal review is needed on the composition and operation of the board of directors, repatriation of operating profits from the North to the South, and tax issues. We provide guidance to domestic and international entities investing or planning investments in North Korea.

Private Inter-Korean Cooperation Projects 

With respect to private inter-Korean cooperation projects (such as inter-Korean trades, inter-Korean toll manufacturing businesses, and inter-Korean tourism and cultural cooperation projects) based on the Inter-Korean Exchange and Cooperation Act and the Inter-Korean Basic Agreement, BKL works closely with our clients throughout the entire business process from business planning to negotiations with North Korean authorities, obtaining government approval and permission, and closing of the projects.

Inter-Korean Economic Cooperation Insurance and Sanctions against North Korea

The Inter-Korean Cooperation Fund Act established the inter-Korean economic cooperation insurance system as a safety valve in inter-Korean economic cooperation. As the UN and individual countries maintain sanctions against North Korea, corporations and individuals participating in inter-Korean economic cooperation projects must examine closely whether their projects and the North Korean counterparties are subject to such sanctions. Our services encompass in-depth advice on issues relating to Inter-Korean economic cooperation insurance and sanctions against North Korea.

Key Services

Unification and inter-Korean relations
Advice on the interpretation of laws regulating inter-Korean relations
Compliance with administrative regulations
 
Inter-Korean economic cooperation
Consulting on strategies to proceed with inter-Korean economic cooperation
Advice on procedures for investment in North Korea and compliance with administrative regulations
 
Cooperation projects by industry
Consulting on social and cultural cooperation projects and humanitarian aid to North Korea
Compliance with administrative regulations

Representative Cases

Advised a Korean tenant company within the Gaeseong Industrial Complex on possible remedies
Advised a Korean developer on issues related to the Mount Kumgang tourism project
Advised a Korean financial institution on funding inter-Korean economic cooperation projects in North Korea
Advised the Gaeseong Industrial Complex Management Committee on the operation of industrial parks across North Korea and globalization of industrial parks within the Gaeseong Industrial Complex;
Advised a Korean tenant company within the Gaeseong Industrial Complex on possible remedies
Advised a Korean developer on issues related to the Mount Kumgang tourism project
Advised a foreign company operating a joint management company with North Korea on investment in North Korea
Advised Korean and foreign companies on trademark applications in North Korea
Advised a Korean financial institution on funding inter-Korean economic cooperation projects in North Korea
Advised the Korean government on bills regarding inter-Korean relations and inter-Korean exchanges and cooperation
Advised a Korean company on reporting its investment in North Korea
Cooperated with and advised a Korean Resource Development Research Institute on North Korea’s resources development laws
Advised the Korean government and financial institutions on supporting the Inter-Korean Cooperation Fund
Advised the Korean government on exchange and cooperation with North Korea with respect to intellectual property rights
Advised a Korean foundation promoting a humanitarian project for North Korean citizens
Advised Korean and multinational companies and financial institutions on sanctions against North Korea
Advised a company on establishment of an entity of foreign nationality within North Korea
Advised a foreign alcoholic beverage manufacturer on investing in a beer company in North Korea
Advised a British law firm on North Korea’s civil procedure law in relation to a court decision rendered by a British court in respect of insurance accidents in North Korea
Prepared around 60 policy research reports for governmental authorities such as the Ministry of Unification, the Ministry of Justice, and the Ministry of Government Legislation