Keumseok OH

  • Attorney
  • Partner
  • T. +82-2-3404-0148
  • F. +82-2-3404-7688
  • E. kmseok.oh@bkl.co.kr

Overview

Keumseok Oh's practice focuses on antitrust and competition and tax, administrative and constitutional litigation.

After completing his military service as a judge advocate of the Korean Army, Mr. Oh worked as judge at the Seoul District Court and the Sokcho Branch of Chuncheon District Court for 10 years and as research judge at the Supreme Court for two years. He started his private practice in 2004 and, as an attorney specializing in antitrust and competition, has advised and represented clients in large-scale antitrust cases including corporate mergers, unfair cartel, abuse of market-dominant position and unfair trade practices, violation of the Fair Transactions in Subcontracting Act, and damages relating the Monopoly Regulation and Fair Trade Act.

Based on his experience, Mr. Oh served as a tax advisor to the National Tax Service and a professor at the Judicial Research and Training Institute in civil matters and attorney practice. He published the book titled “Fair Transaction Act in Large Distribution Industry: Cases and Theories.” He was an advisor of the Cartel Section, Competition Policy Advisory Committee, Korea Fair Trade Commission, and is currently working as a member of the Corporate Restructuring Plan Review Committee, Ministry of Trade, Industry and Energy.

Representative Experience

2004-Present Bae, Kim & Lee LLC
2002-2004 Research Judge, Supreme Court of Korea
1996-1999 Judge, Seoul District Court
1996-1999 Judge, Sokcho Branch of Chuncheon District Court
1994-1996 Judge, Seoul District Court
1992-1994 Judge, Northern Branch of Seoul District Court
1989-1992 Judge Advocate, Republic of Korea Army
See More
2018-Present Member, Corporate Restructuring Plan Review Committee, Ministry of Trade, Industry and Energy
2014-2019 Professor, Judicial Research and Training Institute, Supreme Court of Korea
2017 Advisor, Task Force for improving the procedures for capital market related sanctions, Financial Services Commission
2012 Member, Regulatory Impact Assessment Committee for Small and Medium-sized Enterprises, Small and Medium Business Administration
2009-2012 Advisor, Cartel Section, Competition Policy Advisory Committee
2009-2011 Member, Steering Committee of Center for Competition Law, Seoul National University Law Research Institute
2008-2010 Professor, Judicial Research and Training Institute, Supreme Court of Korea
2008-2010 Expert Advisor, Promotional Committee for Advancement in Laws and Regulations, Korea Fair Trade Commission
2006-2008 Expert Advisor, Task Force for Reorganizing the Fair Transactions in Subcontracting Act, Korea Fair Trade Commission
2005-2007 Member, Case Handling Process Improvement Research Committee, Korea Fair Trade Commission
2004 Member, Information Disclosure Deliberation Committee, Secretariat of National Election Commission
2004-2006 Tax Law Advisor, National Tax Service
2000-2001 Visitng Scholar, Columbia Law School

Representative Matters

Represented Apple Inc. in the dispute raised by Qualcomm in connection with the violation of the Monopoly Regulation and Fair Trade Commission
Represented Apple Korea in the case regarding abuse of superior bargaining position
Represented LG Uplus Corp. in the merger filing case of LG Uplus Corp. and LG HelloVision Co., Ltd.
Represented Hyundai Mobis Co., Ltd. in the administrative litigation against the Korea Fair Trade Commission regarding coercion of agencies to purchase products
Represented Hongkong & Shanghai Banking Corp. in the case regarding unfair cartel in connection with currency swap bidding
Represented Apple Inc. in the dispute raised by Qualcomm in connection with the violation of the Monopoly Regulation and Fair Trade Commission
Represented Apple Korea in the case regarding abuse of superior bargaining position
Represented LG Uplus Corp. in the merger filing case of LG Uplus Corp. and LG HelloVision Co., Ltd.
Represented Hyundai Mobis Co., Ltd. in the administrative litigation against the Korea Fair Trade Commission regarding coercion of agencies to purchase products
Represented Hongkong & Shanghai Banking Corp. in the case regarding unfair cartel in connection with currency swap bidding
Represented Lotte Chemical Corporation in the merger filing case regarding acquisition of stocks in SDI Chemical and Samsung Fine Chemical Co., Ltd. (Korea, United States, Turkey, China)
Represented Hyundai HCN Co., Ltd. in the merger filing involving D'LIVE Seocho network
Represented Posco and Posco Chemtech in the case regarding unfair support
Represented GS Engineering & Construction Corp. in the Korea Fair Trade Commission's investigation of collusive act for gas transmission lines
Represented Asia Paper Mfg Co., Ltd., Asia Papertec INC, and Kyungsan Paper Co., Ltd. in the Korea Fair Trade Commission's investigation of collusive act for corrugated paper
Represented Hotel Shilla Co., Ltd. in the case involving unfair cartel of eight duty-free shop operators
Represented KB Insurance Co., Ltd. in the case involving unfair cartel of 11 non-life insurance companies
Represented Expedia, Inc. in the prosecutors' investigation of alleged violation of the Act on the Consumer Protection in Electronic Commerce, etc.
Represented GS Retail Co., Ltd. in the case involving violation of the Act on Fair Transactions in Large Retail Business
Represented Shinsegae Engineering & Construction Inc. in the complaint for unfair subcontracting practice
Represented LG Chem, Ltd. in the complaint for unfair subcontracting practice
Represented Sunjin Co., Ltd. in the mediation case brought by agencies
Represented Lotte Shopping Co., Ltd. in the administrative litigation regarding abuse of superior bargaining power
Represented Harim Co., Ltd. in the administrative litigation regarding abuse of superior bargaining power

Education

1992 Seoul National University (LL.M.)
1989 Judicial Research and Training Institute, Supreme Court of Korea
1987 Seoul National University (LL.B., cum laude)

Selected Activities

Publications
Analysis of Recent Supreme Court Judgments on Statute of Limitation involving Administrative Action under the Subcontract Act and Monopoly Regulation and Fair Trade Act, Journal of competition No. 213 (Co-author, Korea Fair Competition Federation, 2022)
Normative Control for Damage Quantification Using Regression Analysis focusing on Cases involving Damages arising out of ATM Price Fixing, Journal of competition No. 203 (Co-author, Korea Fair Competition Federation, 2020)
Review of Unilateral Determination of Subcontracting Payment based on Low Unit Price under Fair Transactions in Subcontracting Act, Journal of competition No. 153 (Korea Fair Competition Federation, 2015)
Fair Transaction Act in Large Distribution Industry: Cases and Theories (Co-author, Pakyoungsa, 2012)
Product Market Definition in Anti-Trust Cases Regarding Various Types of Electronic Commerce Intermediary Distributors (Co-author, Asia Law, 2008)
Assessing the Impact of Resale Price Maintenance on Competition (Co-author, Asia Law, 2007)
Recent Proposed Amendment to Korea's Competition Laws (Co-author, Asia Law, 2007)
Imputed Liability for Anti-Trust Violations (Co-author, Asia Law, 2007)
Requirements under the Civil Act for the Exercise of a Set-off Right to be Contrary to the Principle of Good Faith or to Fall under the Abuse of Rights Relating to a Set-off, Commentary on Supreme Court Judgments No. 44 (Supreme Court Library, 2006)
Results of and Complementary Measures for Trial Enforcement of Procedures for Preparing Deliberation for Cases Involving Violation of the Monopoly Regulation and Fair Trade Act, Journal of competition No. 124 (Korea Fair Competition Federation, 2006)
A Person Entitled to Claim Refund of any Overpayment of National Taxes if Proved that any Tax was Overpaid by an Insurer under a Guarantee Insurance Policy for Tax Payment, Commentary on Supreme Court Judgments No. 40 (Supreme Court Library, 2002)
Comparison between and Review of Provisions of Korean Tax Laws and US Tax Laws Regarding the Treatment of Taxation in Case of Divorce, Judgment Data Series 93 (Tax Law Association, 2001)
Wrongful Act not Taken into Consideration in Calculation under the Value-Added Tax Act, Tax Law Research (1) (Sekyungsa, 1995)
Research on the Concept and Consideration of the Supply of Goods and Services under the Value-Added Tax Act (Master's Thesis, Seoul National University, 1992)
Awards
Chambers Asia-Pacific - Leading Lawyer (2016-2022)
IFLR 1000 - Leading Lawyer (2017-2022)
Asialaw - Leading Lawyer (2013-2022)
Who's Who Legal - Leading Practitioner (2018-2022)
Asia Business Law Journal - Korea's Top 100 Lawyers (2021-2022)

Qualifications

1989 Korea

Awards and Recognition

Awards and Recognition