China
"Bae, Kim & Lee is a top-notch firm with strong expertise and broad experience in China-related foreign investment."
- Chambers & Partners Asia-Pacific
Overview
Since its establishment in 1997 as the Korea’s first legal advisory group specializing in China, BKL’s China Practice Group has been providing one-stop legal services on a wide range of China-related legal matters. BKL was the first Korean law firm to open an office in Beijing in 2004, followed by a Shanghai office in 2008 and a Hong Kong office in 2013, enabling BKL to carry out well-organized, collaborative, and comprehensive China practice across four offices in Seoul, Beijing, Shanghai, and Hong Kong.
Pioneer and leader in assisting Korean companies in their investments in China
The China Practice Group has delivered unparalleled results in advising Korean companies in numerous landmark China-bound investments involving partnership/joint venture projects, exit projects with billions (USD) in transaction value, high-profile and complex M&A transactions, pre-IPO placements, negotiations with the Chinese government and fair trade. The M&A projects in China BKL has advised on and closed since 2018 amount to a deal value of more than USD 17 billion. It is no exaggeration to say that BKL’s China Practice Group handled the vast majority of notable and high-value outbound projects and transactions of Korean companies into China.
Responding to diverse demands of Korean companies in China with proactive approach
BKL offers comprehensive and full-scale legal services to Korean companies in diverse fields of Chinese law such as data privacy, personal data protection, HR/labor, general corporate, contracts, fair trade, intellectual property, trade, dispute resolution, M&A, and liquidation/exit. We pride ourselves on our ability to proactively advise clients on the ever-changing legal landscape and to seamlessly coordinate with local law firms to provide effective, cost-efficient services. In addition, our ability to advise on sweeping changes in the legal landscape and complex legal issues has been relied upon by major Korean governmental agencies, including the Korean Embassy in China, the Ministry of Trade, Industry and Energy, Korea Chamber of Commerce in China, KOTRA, Korean International Trade Association and Korea Copyright Commission in support of important governmental decisions.
Partner and defender of Chinese companies in entry into the Korean market
Drawing upon our capabilities and extensive experience on advising cross-border matters, we provide customized legal advice to Chinese companies on Korean laws in connection with foreign investments such as acquisition of Korean companies, listings on the Korea Exchange, investments in real estate and establishment of Korean subsidiaries and joint ventures with Korean partners. We have also defended Chinese clients and delivered successful results in civil, administrative and criminal lawsuits in Korea. In addition, we provide tailored government relations services to Chinese clients in response to the Korean government’s heightened monitoring of Chinese companies based on their expanded presence and increasing investments in Korea.
Leading China desk in Korea
BKL's Seoul, Beijing, and Shanghai offices currently have more dedicated Korean and Chinese lawyers and other professionals than any other Korean law firm. BKL’s China Practice Group differentiates itself from other China desks in Korea with our first-hand experience in China-related legal matters. Many of the Korean attorneys in our China Practice Group have practiced in China for over 10 years and gained a deep understanding of the Chinese legal and business landscape. Conversely, our Chinese attorneys have previously worked for major Chinese law firms or Korean conglomerates in cross-border matters involving both China and Korea. We utilize such experiences in helping our clients navigate the legal and commercial complexities of cross-border transactions between Korea and China, and we believe our ability to understand the subtle legal and business nuances involving China matters is unmatched by other Korean law firms.
Key Services
[Outbound Services (relating to entry of Korean companies into China)]
Investments in China
Advised on investment structures, investment strategies, and availability of government subsidies
Advised on issues pertaining to partnerships, joint venture projects, established corporate governance structure, and designed exit strategy
Advised on investment structures via Hong Kong and other regions
Conducted legal due diligence on investment, reviewed incentives, and assisted negotiations with local governments of China
Advised on obtaining permits and licenses required by industry
Reviewed regulations under Korean law on cross-border investments, including export restrictions on national core technology, and negotiations with the government
Advised on responding to investment-related disadvantages based on international norms, the Korea-China Investment
Agreement and relevant Chinese law
M&A
Advised on mergers, spinoffs, share transfers, business transfers, and various other forms of M&A transactions
Advised on strategies, due diligence, negotiations and contract drafting in connection with M&A involving Chinese target companies
Took procedures for obtaining permits and licenses and other administrative procedures relating to M&A in China and conducted negotiations with the Chinese government
Conducted legal due diligence on Chinese subsidiaries for cross-border M&A between Korea and a third-party country, and advised on legal risks arising from such M&A
Exit
Reviewed various exit strategies including equity transfer, asset transfer, liquidation, or capital decrease, and designed the most appropriate exit strategy
Assisted identifying potential purchasers
Assisted multiple/public sale processes, including bidding
Pre-exit corporate restructuring (spin-offs, mergers/layoff, business cessation, downsizing)
Conducted vendor due diligence, and drafted and negotiation transaction agreements such as share purchase agreement
Advised on overseas (Korea) remittance of sale proceeds
Deal closing support
Reviewed and advised on liquidation and bankruptcy procedures
General Corporate
Advised on foreign investments in various types, methods, and forms and on the establishment of local subsidiaries in China
Advised on the China Company Law and foreign investment laws, regulations, and policies related to China business
Advised on risks and investment opportunities associated with the latest laws and policies of the Chinese government
Drafted and reviewed different types of Korea-China business agreements
Personnel/Labor
Advised on employment contracts, including on the types of employment, and drafting and review of employment contracts
Advised on establishing and enforcing HR policies such as employment policies and ethical codes
Advised on general labor issues arising from downsizing, layoff and personnel cut
Advised on dispatched labor
Advised on the prevention of trade secrets and industrial secrets leakage and follow-up measures
Advised on non-compete covenants
Advised on legal issues related to Korean labor in China
Advised on the resolution of various labor disputes
Provided various labor law-related advice, conducted research services, and provided external lectures
Antitrust / Compliance / International Trade
Reviewed risks of violation of antitrust laws, and advised on countermeasures, and improvement of business processes
Responded to competition authorities’ investigations into cartels and abuse of market dominant position
Advised and assisted business combination filing and global merger filing in China
Advised on antitrust lawsuits seeking damages
Provided training on compliance with antitrust laws, recent cases, and notable issues
Advised on consumer protection and unfair trade practices
Examined compliance with various regulations on environment, safety, production, firefighting, fair trade, privacy, and prevention of trade secret leakage
Advised on export control and sanctions against China by the U.S. and the UN
Advised on trade-related matters such as anti-dumping and countervailing measures
Privacy and Data Security
Advised on privacy, data privacy, big data, and cybersecurity
Conducted due diligence on privacy and data safety compliance and designed risk reduction measures
Advised on cross-border data transfer and safety assessment
Advised on issues related to the 4th Industrial Revolution, including artificial intelligence, Internet platform, cloud computing, Internet of things, and mobility industries
Dispute Resolution (local disputes/international litigation)
Advised on various disputes arising from M&A, joint venture projects, investment in China, and trading
Provided analysis and strategic advice on issues in dispute and advised on prevention of disputes
Advised on resolution of local litigation/arbitration in China, and international arbitration in Hong Kong and Singapore
Represented in litigation and international arbitration, and enforced judgments
Intellectual Property Rights, Entertainment, Healthcare
Advised on intellectual property rights in China, including trademarks and copyrights
Reviewed and advised on intellectual property infringement litigation
Drafted technology license agreements
Advised on handling of trade secret infringement and non-compete cases
Advised on the entry into China of the entertainment industry, such as games, movies, dramas, and music records
Advised on legal issues associated with VIE structure, and drafted relevant contracts
Advised on investment in China in the healthcare industry, including hospitals, pharmaceuticals, and medical devices
[Inbound Services (relating to the entry of Chinese companies into Korea)]
BKL’s China Practice Group’s inbound services span the full spectrum of Korea-related legal issues for Chinese companies already having a presence in Korea or wishing to enter into Korean market and/or newly start business with Korean counterparts.
Investments in Manufacturing
Acquisitions of manufacturing or production companies
Advised on general corporate matters including legal issues of factory revitalization plan, factory relocation, and factory establishment
Advised on business agreements such as OEM agreements and subcontractor agreements
Investments in Real Estate
Assisted with establishment and authorization of developers and builders
Advised on all legal matters relating to investments in redevelopment areas and integrated resort development projects
Reviewed real estate agreements such as land purchase agreements, and other contracts/subcontracts
Investments in Finance and Capital Market
Advised on pre-IPOs, IPOs and secondary listings of Chinese companies
Advised on M&As involving finance, insurance and securities companies
Advised on all legal matters relating to establishment of PEFs and virtual currency exchange platforms
Provided general legal advice concerning asset management companies
Advised on financial lease and commodity futures trading
Advised on regulations of foreign banks and their branches
Investments in Culture and TMT Industry
Advised on M&A involving companies engaged in entertainment, on-line game, and IT
Advised on operation of on-line games, mobile games and applications and provided services on obtaining required permits
Reviewed and provided legal service on film production and animation production
Personal information protection activities
Investments in Healthcare Industry
Advised on M&A involving cosmetic surgery clinics and pharmaceutical companies, and investments in medical foundations
Reviewed medical service contracts and handled with healthcare disputes
Investments in Aviation Industry
Advised on acquisition of airlines
Advised on daily operation of Korean branches of foreign airlines
Represented clients on disputes over air transportation
Advised on labor issues involving flight attendants and pilots
Dispute Resolution (local/international litigation)
Advised on disputes over M&As, other forms of investments in Korea, business operations, etc.
Provided analysis and strategic advice on issues in dispute and advised on prevention of disputes
Provided civil and criminal actions against infringement of intellectual property rights
Represented clients on civil (labor), criminal and administrative lawsuits, andinternational arbitration
Other Services
Licenses, permits, approvals and regulatory filings such as foreign investment filings and merger filings associated with investments
Investigations by the Korea Trade Commission on anti-dumping and other trade matters
Investigations by supervisory authorities including the Korea Fair Trade Commission, the Science, ICT, Broadcasting and Communications Committee, the Labor Relations Commission, and tax authorities
Immigration regulations and visa applications for various forms of investments
Applications and other assistance for registration of copyrights, trademarks and patents
Practice Areas
Representative Cases
Advised Beijing-Hyundai JV on its automobile Plant 4 (USD 1 billion) and automobile Plant 5 (USD 1 billion) and Sichuan-Hyundai JV on its restructuring project (via acquisition of equity shares and capital increase)
Advised Mirae Asset and SK on their pre-IPO investment in a China-based electric-vehicle battery company
Advised LG Electronics, LG Chem, and LG International on the sale of LG Tower in Beijing
Investments in China
Advised LG Display on its establishment of a USD 4 billion LCD JV and a USD 6.6 billion OLED JV in Guangzhou, China
Advised LG Electronics and LG Chem on their establishment of JVs for electric-vehicle batteries in Nanjing, China
Advised Beijing-Hyundai JV on its automobile Plant 4 (USD 1 billion) and automobile Plant 5 (USD 1 billion) and Sichuan-Hyundai JV on its restructuring project (via acquisition of equity shares and capital increase)
Advised Mobile alternative energy company on its new investment in China
Advised SK Energy on its establishment of a JV with Zhejiang Baoying Group for asphalt business
Advised POSCO on its establishment of a cathode JV
Advised Smilegate on its establishment of a JV with Tencent
M&A
Advised Mirae Asset and SK on their pre-IPO investment in a China-based electric-vehicle battery company
Advised Cheil Worldwide on its acquisition of a China-based big data advertising company
Advised SK China on its acquisition of a China-based medical database company
Advised SK on its pre-IPO investment in and JV with a China-based agricultural and marine product distribution company
Advised Kolon on its transfer of assets of Kolon Fashion and partnership project in Hong Kong
Exit
Advised LG Electronics, LG Chem, and LG International on the sale of LG Tower in Beijing
Advised CJ CheilJedang Corp on the sale of all of its shares in Jixiangju Food Limited Company located in Sichuan, China
Advised Lotte Chemical on its exit from Zhejiang JV
Advised SKC on the transfer of its land and shares in a Nantong corporation, Jiangsu Province, China
Advised LG Electronics on the sale of its shares in a Hangzhou JV engaged in CEM business unit
Advised LG Electronics on its sale of Yantai/Qingdao corporation
Advised CJ CGV on its exit from a Hong Kong JV through sale of its shares
Advised POSCO on the sale of its CDPPC processing center corporation, restructuring of its Baotou, Dalian, Qingdao corporations, and simultaneous merger of 14 corporations
Advised Samyang Corporation on the sale of its Qinhuangdao Corporation, Hebei Province, China
Fair Trade
Advised a Korean semiconductor company on the alleged abuse of a dominant market position in China
Advised LG Household & Health Care, SK Hynix, amongst others, on compliance requirements of its Chinese subsidiary
Advised Hanjin Shipping on the alleged horizontal cartel in China
Advised Hyundai Motor on the alleged vertical cartel in China
Filed millions of business combination reports and global merger reports for Chinese companies
Dispute Resolution
Advised Hyosung on its dispute and HKIAC arbitration with other shareholders of its Chinese JV
Advised Hyundai Home Shopping Network on its dispute and SIAC arbitration with other shareholders of its Chinese JV; liquidation of its JV and enforcement of an arbitral award in China
Advised Hyundai Heavy Industries on the lawsuit brought before the Higher People’s Court of China against its JV and arbitration administered by the SIAC
Advised LG Electronics on the dispute relating to its Shenyang JV
Advised Pulmuone on the violation of a JV agreement by its Chinese partners in the first and second arbitrations
General Corporate, Labor/Employment, and Intellectual Property Rights
Advised various Korean companies on Chinese laws (including general corporate and HR/labor)
Advised Korea Labor and Management Development Foundation on HR/labor matters and published a Q&A brochure on post-COVID-19 HR/labor matters
Serves as an external legal advisor for major governmental institutions including the Korean Embassy in China, Korea Chamber of Commerce in China and KOTRA, and published “Easy-to-Understand Chinese Competition Law” and “Occupational Safety Act”
Serves as an external legal advisor for the Korea Institute of Design Promotion Advised Hyundai Mobis and LG Display on trademarks and copyrights
[Inbound Cases]
Investments in Manufacture
Advised ESWIN on its acquisition of equity interests in a Korean semiconductor company
Advised Ningbo Ronbay on its investment via its subsidiary in a Korean plant
Advised Wuxi Industry Development Group on its acquisition of the hydraulic equipment business unit of Doosan Mottrol
Advised Tongwei Group on its acquisition of LG’s solar power business unit
Advised Shanying International on its acquisition of a Korean paper manufacturer
Advised Han's Laser on its asset transfer following split-off
Advised Double Star on its acquisition of Kumho Tire
Advised Dosilicon on its acquisition of Fidelix
Investments in Real Estate
Advised R&F Group on its purchase of land and all subcontracts relating to an integrated resort
Advised HERO SKY on its acquisition of new shares in Sambu Construction
Advised Wanda Group on its investment in a re-development project
Advised Guangdong Rixin on its acquisition of a new factory
Advised Sanmu Group on its acquisition of shares in Korean Heung Yu Development
Investments in Finance and Capital Market
Advised KRX-listed foreign company on its amendment of the articles of incorporation in response to the introduction of the electronic securities system by CKH Food & Health Limited
Advised Anbang Insurance Group on the requirements as a major shareholder of a Korean life insurance company
Advised Union Pay on its investment in Korea
Advised Zhongrong International Trust on its issuance of bonds in the amount of USD 100 million
Advised Fubon Life Insurance on its acquisition of Hyundai Life Insurance
Advised Yuanta Group on its acquisition of Tong Yang Securities
Investments in Culture and TMT Industry
Advised ByteDance on its acquisition of a Korean IT company
Advised Focus Media on its acquisition of the elevator digital signage business unit of LG U+
Advised Kuro Games on its launch of games in Korea
Advised Huayi Brothers Media on its sale of shares in its subsidiary listed on the KRX
Advised Cheetah Mobile on its investment in a Korean game company
Advised Alibaba Culture Media on the IP due diligence project for the acquisition of ZellyGo copyright
Advised VIPKID on its launch of an online English learning program for children in Korea
Advised Meituan Dianping on the operation of an online e-commerce platform in Korea
Advised China Sports Capital on its investment in an E-sports business in Korea
Advised Ctrip on its acquisition of a Korean travel agency
Advised JD Capital on its attempted acquisition of a Korean life insurance company
Advised Tencent on its acquisition of shares in Daum Kakao and Party Games
Investments in Healthcare Industry
Advised Modern Health on healthcare and tax for its entry into the Korean market
Advised Antengene on all matters related to its entry into the Korean market
Advised DIH on its acquisition of Cretem, a Korean medical device manufacturer
Advised Shandong Luye Pharma on its entry into the Korean obstetrics & gynecology business
Advised Aesthetic Technology on its acquisition of new and existing shares in a KRX-listed company
Advised Shanghai Fosun Pharmaceutical on its acquisition of a Korean medical device manufacturer
Investments in Aviation Industry
Advised Eastern Airlines on the case involving bribery and breach of fiduciary duty
Advised Air China on the review of terms of service and other general matters
Advised Spring Airlines on its strategic investment in T’Way Air
Advised China Air, China Southern Airlines and China Eastern Airlines on the alleged violation of the E-Commerce Act and imposition of certain measures by the Korea Fair Trade Commission
Disputes/Litigations
Represented CSCEC in a lawsuit seeking payment of construction price
Represented Zhejiang Century Huatong Group regarding alleged copyright infringement by its Korean subsidiary
Represented China Eastern Airlines regarding invalidation of employment contracts of its Korean branch
Represented R&F regarding its Korean subsidiary’s claim for payment of design service fee
Represented Greenland Group regarding invalidation of a permit to establish an international hospital and foreign medical institution in Korea
Represented Anbang Insurance Group on the administrative lawsuit against the Financial Supervisory Commission
Represented the Bank of China in administrative proceeding for revocation of corporate income tax imposition
Represented Shanghai Tobacco Group in civil and criminal lawsuits regarding the sale of counterfeit Chinese cigarettes in Korea
Other Services
Advised TikTok on the fact-finding survey by the Personal Information Protection Commission
Advised Century Games on the fact-finding survey by the KISA
Advised ICBC Seoul Branch on regular inspection by the Financial Supervisory Commission
Advised S&C Engine Group on matters concerning maintenance and closure of a listed company and investigations by the Korea Exchange and the Financial Supervisory Commission
Advised a Chinese company on an investigation of alleged dumping of Chinese paper products (uncoated, coated and glassine paper)
Advised a Chinese company on an investigation of alleged dumping of Chinese ceramic tiles
Advised a Chinese company on an investigation of alleged dumping of Chinese sheet glass
Advised Chinese companies such as People.cn, R&F Group, Double Star, and TikTok on their establishment of Korean subsidiaries
Key Contacts
-
Yongquan ChiSenior Foreign AttorneyT. +82-2-3404-0245 -
Daeshik Danniel KwonPartnerT. +86-10-6461-3650 -
Edward Sungwook KimPartnerT. +86-21-6085-2900 -
Yu JinSenior Foreign AttorneyT. +86-10-6461-3657 -
Minseok YangPartnerT. +86-10-6461-3650 -
Yingjie JinSenior Foreign AttorneyT. +82-2-3404-7594 -
Jingnan JinSenior Foreign AttorneyT. +86-10-6461-3653 -
Haoran JinSenior Foreign AttorneyT. +86-10-6461-3657
