金鍾泌(キム・ジョンピル)

  • パートナー
  • T. +82-2-3404-0171
  • F. +82-2-3404-7686
  • E. jongpil.kim@bkl.co.kr

概要

Jongpil Kim's main practice focuses on tax, administration, constitutional litigations and general civil cases (including finance, insurance and real estate). Mr. Kim started his career as a judge with Uijeongbu Branch of Seoul District Court, and then with Seoul Civil District Court, Gunsan Branch of Jeonju District Court, Gwangju High Court, and Seoul High Court. He also worked at the Supreme Court as a research judge, Daegu District Court as presiding judge, and Judicial Research and Training Institute as a professor, Seoul Administrative Court as a presiding judge and Office of Secretary to the President as a legal secretary. After retiring from his public life, he started his career with Bae, Kim & Lee LLC as an attorney specializing in administrative regulatory issues including administration law and advising public institutions and major companies on the appeals to administrative adjudication and administrative litigations.

Mr. Kim has been engaged in major cases that are large in scale or become social and national issues including: revocation litigation on the reduction of insurance fee of medical equipment including CT, MRI and PET; KT's revocation litigation on value added tax (tax amounts to 120 billion won); revocation litigation on the approval of abolition of PCS business; Hyundai Corporation's revocation litigation on value added tax regarding gold bullion standard (tax amounts to 53.5 billion won); and GS Engineering & Construction's commitment claim worth 360 billion won. In addition, he had worked as a legal advisor for the Ministry of Economy and Finance and the National Maritime Policy Agency and as a member the Committee on Statutory Interpretation of Ministry of Government Legislation. He continues to actively engage in external activities as a legal advisor and a committee member including providing legal services as a legal advisor for Public Procurement Service.

経歴

2015-現在 Bae, Kim & Lee LLC
2014-2015 Secretary to the president for legal affair, Office of the President, Cheong Wa Dae
2011-2014 Bae, Kim & Lee LLC
2008-2011 Presiding Judge, Seoul Administrative Court
2006-2008 Professor (Presiding Judge), Judicial Research and Training Institute, Supreme Court of the Republic of Korea
2004-2006 Presiding Judge, Daegu District Court
2002-2004 Research Judge, Supreme Court of Korea
2001-2002 Judge, Seoul High Court
1999-2001 Judge, Seoul District Court
1998-1999 Judge, Gwangju High Court
1996-1998 Judge, Gunsan Branch of Jeonju District Court
1994-1996 Judge, Seoul Civil District Court
1992-1994 Judge, Uijeongbu Branch of Seoul District Court
その他経歴
2016-現在 Member, Registry expertise Committee, Korean Bar Association
2016-現在 Member, General Disciplinary Committee, Public Procurement Service
2015-現在 Member, Developing Committee, Public Procurement Service
2015-現在 Legal Advisor, Public Procurement Service
2015-2017 Member, Ministry of Government Legislation
2013 Legal adviser, Korea Land & Housing Corporation
2012-2014 Member, Deliberative Committee, Tax Offense Investigation, National Tax Service Jungbu Regional Office
2012-2014 Member, Regulatory Reform Committee, National Tax Service
2012-2014 Adjunct Professor, Korea University School of Law
2012-2013 Arbitrator, Korean Commercial Arbitration Board
2012-現在 Independent Member, Alternative Investment Committee, National Pension Service
2012 Legal Advisor, Korea Coast Guard
2011-2012 Legal Advisor, Ministry of Economy and Finance

主な案件実績

Represented GS Engineering & Construction Corp. in litigation claiming KRW 360 billion won of commitment in connection with reconstruction of Banpo Xi apartment
Represented a client in litigation for revocation of restriction of business hours and mandatory closure of large stores under the Distribution Industry Development Act
Represented a client in revocation of public announcement of reduction of medical fee such as fees of CT, MRI, etc.
Represented Dong-A ST in the case regarding the revocation of medicine price reduction and benefits suspension
Represented Hyundai Corporation in litigation for revocation of disposition of imposition of value-added taxes (of KRW 53.5 billion) for Hyundai Corporation's gold bullion transaction
Corporate Litigation
Represented GS Engineering & Construction Corp. in litigation claiming KRW 360 billion won of commitment in connection with reconstruction of Banpo Xi apartment
Government Policy & Regulation
Represented a client in litigation for revocation of restriction of business hours and mandatory closure of large stores under the Distribution Industry Development Act
Represented Hyundai Corporation in litigation for revocation of disposition of imposition of value-added taxes (of KRW 53.5 billion) for Hyundai Corporation's gold bullion transaction
Represented KT in the case regarding the revocation of refusal to approve abolition of PCS business and in the appeal case
Represented Korea Hydro & Nuclear Power (KHNP) in the provisional injunction to suspend the effect of the board resolution regarding suspension of construction of Shin Kori Nos. 5 and 6
Represented Hanwha Land Systems in the provisional injunction to prohibit progression of bidding procedures
Represented officers of Tongyang Life Insurance in the case regarding the revocation of sanctions imposed by the Financial Supervisory Service and provisional injunction to suspend its effect
Represented Hyundai Heavy Industries in the case regarding return of unjust enrichment relating to the delay damages for a submarine
Represented PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Games, POCOG, in the mediation case for facility charges
Government Policy & Regulation/Healthcare
Represented a client in revocation of public announcement of reduction of medical fee such as fees of CT, MRI, etc.
Represented Dong-A ST in the case regarding the revocation of medicine price reduction and benefits suspension
Represented Samsung Medical Center in the case regarding the revocation of penalties
Represented Samsung Medical Center in the litigation seeking the revocation of administrative disposition in connection with its response to the outbreak of MERS
Represented the Governor of Jeju Self-Governing Province in a lawsuit seeking the cancellation of the revocation of permit to open foreign medical institution
Tax Litigation
Represented Hyundai Corporation in litigation for revocation of disposition of imposition of value-added taxes (of KRW 53.5 billion) for Hyundai Corporation's gold bullion transaction
Represented Korea Environment Corporation in the request for review of appropriateness of tax imposition seeking revocation of KRW 130 billion of VAT
Represented Diageo Korea in the case regarding the revocation of disposition of imposition of customs (profit in the amount of KRW 200 billion)
Represented KT in the case regarding the revocation of disposition of refusal of value-added tax reduction correction (reduction of KRW 114.4 billion won) for KT terminals

学歴

1989 Judicial Research and Training Institute, Supreme Court of Korea
1985 Kyungpook National University (LL.B.)

主な活動

著述
Specific meaning of requisites and Criteria of selecting the subjects constituted as recipient of move measures, Studies on Public Administration Cases Vol. 15 No. 1, pp. 409-464 (Korea Public Administration Case Study Association, 2010)
Unique Characteristics of Provisional Remedies for Notice of Prohibition of Open-Air Meeting, etc, Matters over Civil Actions Vol. 19, pp. 733-753 (Korean Society of Judicial Administration, 2010)
Whether Article 672 of the Legal Principle of Double Insurance under Article 672 of the Commercial Act Applies to Special Option for Injury Guarantee for Uninsured Vehicles, Matters over Civil Actions Vol. 16, pp. 772-788 (Korean Society of Judicial Administration, 2007)
Methods of Application of Article 201(1) of the Civil Act and the Meanings of ‘When He Fails in an Action on Title’ under Article 197(2) of the Civil Act, Matters over Civil Actions Vol. 15, pp. 413-433 (Korean Society of Judicial Administration, 2006)
Fraudulent Payment for Share and Constitution of Crime of False Entry of Original Text of Notarial Document, Equity and Justice Vol. 19, pp. 223-243 (Daegu District Bar Association, 2004)
Constitution of Crime of Obstruction of the Performance of Official Duties due to Suspects' Forgery of Evidence and Fraudulent Means, Explanation on Supreme Court Cases Vol. 48, pp. 378-394 (Supreme Court Library of Korea, 2004)
Relations of Requirements for Exemption of Each Acquisition Tax, etc under Article 23-2(1) and Article 23-3(1) of the Former Seoul Special Metropolitan City's Municipal Ordinances for Reduction and/or Exemption and Whether Discharging Assumption of Debt Falls under the ‘ Repayment of Financial Institutions's Debt’ set forth in proviso 1 of Article 23-2(1) of the Former Seoul Special Metropolitan City's Municipal Ordinances for Reduction and/or Exemption, Explanation on Supreme Court Cases Vol. 48, pp. 9-22 (Supreme Court Library of Korea, 2003)
Position of Directors and Auditors in a Corporate and Whether the Officers of a Corporate with a Nominal Title of Director or Auditor Fall under the Employees under the Labor Standards Act, Explanation on Supreme Court Cases Vol. 46, pp. 109-123 (Supreme Court Library of Korea, 2004)
Essence and Scope of Doctors' Obligation to Explain to Patients, Explanation on Supreme Court Cases Vol. 40, pp. 225-238 (Supreme Court Library of Korea, 2002)
Timing of Termination of Contracts due to Changes in Circumstances in Continuing Guarantee Contract Explanation on Supreme Court Cases Vol. 40, pp. 11-21 (Supreme Court Library of Korea, 2002)

資格

1989 Korea