Japan

"They were outstanding in terms of their performance, given the difficulty of the case and complexity of the details. They have a very solid understanding of business practices in Asia."

- Chambers & Partners Asia-Pacific

Overview

BKL’s Japan Practice Group consists of Japanese-speaking professionals who are experienced in a wide range of legal matters such as corporate, HR and labor, fair trade, intellectual property and tax. Its members understand Japan’s cultural nuances with their experience of living in Japan, studying at Japanese universities or working at prestigious Japanese law firms.

Capacity to advise in Japanese with cultural understanding

BKL’s attorneys, patent attorneys and accountants have acquired Japanese fluency and cultural understanding from their experience of studying at Japanese universities or training at Japanese law firms, patent firms or accounting firms. Having operated a Tokyo office for 5 years from 2002 to 2007, we have exceptional insight in how to help our clients navigate through the cultural intricacies involved with cross-border transactions.

Long-standing experience of advising Korean and Japanese companies and close cooperation with other practice groups

BKL’s Japan Practice Group seamlessly coordinates with BKL’s other practice groups to provide one-stop legal services for Japanese firms doing business in Korea or with Korean businesses.  BKL’s comprehensive Korean law advice extends from inbound investment from Japan to Korea to the ongoing relationships and joint ventures between Japanese and Korean businesses, as well as a diverse range of legal matters of all other kinds, including provisional attachment and preliminary injunction for recovery of claims, civil lawsuits and compulsory enforcement, introduction of technologies, establishment, dissolution and liquidation of subsidiaries, M&A, fair trade and international tax. The Japan Practice Group also cooperates with BKL’s in-house patent firm to assist Japanese clients with preparing and filing applications for registration of intellectual property rights (such as patents and trademarks), infringement litigation and license acquisition. 

The professionals in our Japan Practice Group have also been a trusted legal source for Japanese companies’ subsidiaries in Korea on matters such as general corporate, HR and labor, compliance, fair trade, tax, real property and visa applications for such subsidiaries’ resident employees. 

Broad network with highly reputable Japanese law firms

The Japan Practice Group has developed close relationships with small- to large-sized Japanese law firms in order to provide quality legal services in a cost-efficient manner, especially for high-profile litigations and arbitrations that are held in Japan. Depending on the individual client’s needs, we have also acted as the control tower of local law firms in many cross-border transactions involving Japan and Korea. 

Key Services

General Corporate
M&A and other forms of investments
Corporate restructuring
Incorporation, dissolution and liquidation,
Rehabilitation and bankruptcy
Management disputes
Compliance (including internal audits)
Labor / Employment
Relationships with workers: employment agreements, wage, working hours and breaks, workplace bullying, accident compensation and rules of employment
Relationships with labor unions: collective bargaining agreements, reconciliation of labor disputes and allegation of unfair labor practices
Other labor-related disputes and litigations regarding supervision of labor
Labor issues arising from restructuring, liquidation, etc.
Dispatched workers and subcontracting arrangements
Fair Trade / Other Government Regulations related Consulting Service
International cartels, unfair trade activities and alleged violations of subcontracting laws and distribution laws
Administrative litigations relating to dispositions of the Korea Fair Trade Commission
Fair trade violations and development of improvement plans
Merger filings
Compliance with the Environment Act, the Radio Waves Act and other regulations
Health care regulations (food, medicine, cosmetics, etc.)
Intellectual Property Rights
Applications, review and registration of patents, trademarks, designs, etc.
Infringement litigations, invalidation trials and litigations for cancellation of judgments relating to patents
Countermeasures against trade secret infringements,
Protection of personal information
Countermeasures against unfair competition or counterfeit goods
License agreements and assignment, valuation, etc. of licenses
Copyrights, rights of publicity and other entertainment-related legal issues
Dispute Resolution (domestic / international)
Provisional attachments and preliminary injunctions
Civil litigations and compulsory enforcements
International arbitrations
Tax, Customs Duty / International Trade
Tax audits, appeals to the tax tribunal and tax litigations
Transfer pricing and customs clearance
Anti-dumping investigations

Representative Cases

Korean F&B company on its acquisition of shares in a Japanese food company
Japanese company on its design and implementation of a collective management-labor relations scheme for its Korean subsidiary
Japanese IT company in civil and criminal lawsuits against its Korean subsidiary’s officers and employees based on their misconducts
General corporate
Japanese renewable energy company on its investment in Korea
Japanese entertainment company on its sale of shares in a Korean company
Japanese manpower development company on its sale of shares in its Korean subsidiary
Japanese investment fund on its acquisition of shares in a Korean beauty company
Korean investment fund on its investment in a Japanese restaurant company
Korean F&B company on its acquisition of shares in a Japanese food company
Major Korean company on its establishment of a Japanese JV and investment in duty free shop business
Major Korean energy company on its photovoltaic power generation business in Japan
Labor / Employment
Japanese company on improving the wage structure of its Korean subsidiary
Japanese company on its compliance with the inclusive wage system and working hour system under the amended Labor Standards Act for its Korean subsidiary
Japanese company on its design and implementation of a collective management-labor relations scheme for its Korean subsidiary
Japanese company on diagnosing and improving workers’ dispatch system for its Korean subsidiary
Japanese company on its design and implementation of a poor performance improvement program for its Korean subsidiary
Japanese company on its Korean subsidiary’s compliance with the Industrial Accident Compensation Insurance Act
Japanese company on its Korean subsidiary’s litigations regarding ordinary wage, employee status and dispatch, layoff, disciplinary dismissal and unjust labor activities
Fair trade and Other Government Regulations
Japanese electronics companies, auto parts companies and electronic parts companies in responding to KFTC’s investigations of alleged international cartels
Japanese company in responding to KFTC’s investigation and litigation for damages with respect to its unfair trade activity
Japanese companies in dispute mediation procedure of Korea Fair Trade Mediation Agency
Japanese company on filing a business combination report to KFTC
Japanese equipment company in obtaining a certification under the Radio Waves Act
Japanese medical equipment company on compliance with Korean environment laws
Internal Investigations and Compliance
Japanese equipment manufacturer in its internal investigation of officers and employees of its Korean subsidiary regarding their misappropriation of corporate opportunities
Japanese IT company in civil and criminal lawsuits against its Korean subsidiary’s officers and employees based on their misconducts
Japanese electronics company on investigation of and civil/criminal response to misconducts by its Korean subsidiary’s officers and employees
Japanese trading company on investigation of misconducts by its Korean subsidiary’s officers and employees
Japanese companies in their internal investigation of alleged misconducts, workplace bullying and sexual harassments by officers and employees of their Korean subsidiaries
Intellectual Property Rights
Japanese companies in patent infringement and invalidation lawsuits regarding semi-conductors, display materials and rechargeable batteries
Japanese companies on various intellectual property disputes (patents, trademarks, trade secrets and licenses)
Japanese companies in developing countermeasures and lawsuits against counterfeit goods including jewelries, clothes, beauty products and other consumer goods
Japanese companies on infringement of copyrights (games, dramas and films)
Korean companies on alleged infringement of patents or trade secrets in Japan
Litigation and Dispute Resolution
Japanese salvage & rescue operations company in a lawsuit for the payment of a contract amount against the Korean government
Japanese newspaper company in a lawsuit for damages
Japanese companies in filing creditors’ claims and debt collection following the bankruptcy of a major Korean shipping company
Japanese advertisement company in its trade dispute and lawsuit for the payment of a contract price against Korean companies
Korean-heritage Japanese clients on wills and inheritance disputes in Korea