赵廷来

  • 律师
  • T. +82-2-3404-0161
  • F. +82-2-3404-7305
  • E. jeongrai.cho@bkl.co.kr

介绍

Jeongrai Cho's practice focuses mainly on financial regulation/supervision/permission, other financial disputes, M&As involving financial institutions, financing including structured finance, various funds, financial derivatives, and other financial litigations.

Mr. Cho studied Economics at Seoul National University, and Economics of Money and Banking at Seoul National University Graduate School. He is a finance lawyer with 24 years' practice experience at Bae, Kim & Lee LLC. He has advised and represented clients in major financial deals/cases. Such examples include advice on financial institutions' restructuring and M&A (e.g. advising on liquidating five insolvent banks by using contract transfer method, a first for bank liquidation in Korea; advising on establishment of Shinhan Financial Group, a first financial holding company in Korea; advising on Shinhan Financial Group's acquisition of LG Card, the biggest M&A deal in history), advice on project finance (e.g. advising on project financing—the biggest deal in history—for Incheon International Airport Railroad), and advice and litigation involving all sorts of funds and derivative products.

Based on such experiences, Mr. Cho delivered lectures on financial transaction laws at the Judicial Research and Training Institute for seven years and also served as a member of numerous TFs established for amendments to financial laws.

Having majored in Economics and Monetary Economics in university and university graduate school, respectively, Mr. Cho has engaged in various works in the financial field throughout his 20+ years of service at BKL as an attorney in the Securities, Banking and Finance Practice Group.

履历

2004 Visiting Scholar, Duke University School of Law
1998-至今 Bae, Kim & Lee LLC
其他经历
2016-2018 Member, Financial Services Commission
2015-至今 Member, Deliberative Committee of Legal Interpretation, Financial Services Commission
2015-2016 Member, Financial Services Commission
2014-2022 Member, Employment Insurance Fund and Industrial Accident Compensation Insurance Fund Risk Management Committee, Ministry of Employment and Labor
2013-2016 Member of the Legal Consultant, Financial Services Commission
2008 Member, Task Force Team to amend the Financial Holding Companies Act and various other laws and regulations relating to financial business, Financial Services Commission
2007 Member, Task Force Team to amend the Capital Market and Financial Investment Services Act, Financial Services Commission
2007 Member, Task Force Team to amend the Banking Act, Financial Services Commission (formerly known as the Financial Supervisory Committee)

主要业务案例

Advised Shinhan Financial Group on its incorporation, and provided advisory services to a number of other financial groups
Advised financial institutions on their efforts for entirely restructuring insolvent companies, e.g., as in the case of the Export-Import Bank of Korea's workout plan for Sungdong Shipbuilding
Advised financial institutions on sanctions imposed by financial authorities on them or their employees, e.g., as in the cases of the sanction against Hana Bank's DLF and Korea Investment & Securities' TRS
Advised Shinhan Financial Group on its M&A deals with various financial institutions and restructuring projects, e.g., as in the case of its acquisition of LG Card and Orange Life Insurance and the merger between Shinhan Card and LG Card
Advised online-only bank Kakao Bank on the tasks required to be performed with the financial authorities, e.g., for authorization and permission of the bank's incorporation, approval by the Financial Services Commission for Kakao's acquisition of the largest stake in the bank, and approval by the Financial Services Commission for Korea Investment Value Asset Management's acquisition of shares in the bank in excess of the prescribed limit
Advised Shinhan Financial Group on its incorporation, and provided advisory services to a number of other financial groups
Advised financial institutions on their efforts for entirely restructuring insolvent companies, e.g., as in the case of the Export-Import Bank of Korea's workout plan for Sungdong Shipbuilding
Advised financial institutions on sanctions imposed by financial authorities on them or their employees, e.g., as in the cases of the sanction against Hana Bank's DLF and Korea Investment & Securities' TRS
Advised Shinhan Financial Group on its M&A deals with various financial institutions and restructuring projects, e.g., as in the case of its acquisition of LG Card and Orange Life Insurance and the merger between Shinhan Card and LG Card
Advised online-only bank Kakao Bank on the tasks required to be performed with the financial authorities, e.g., for authorization and permission of the bank's incorporation, approval by the Financial Services Commission for Kakao's acquisition of the largest stake in the bank, and approval by the Financial Services Commission for Korea Investment Value Asset Management's acquisition of shares in the bank in excess of the prescribed limit
Advised on various project financing deals, including for a real estate development project, such as the trillions-of-won project financing for constructing the Incheon International Airport railway and the project financing for constructing Seoul Subway Line No. 9
Advised, conducted litigation for, a number of clients in relation to various funds (e.g., as in the cases of innumerable disputes over redemption of bonds issued by Daewoo) from the era of Korea having three investment-trust firms (subject to the Securities Investment Trust Business Act) through the effective period of the Indirect Investment Assets Management Act to the present time when the Financial Investment Services and Capital Markets Act has come into effect
Advised, and conducted litigation for, clients in relation to their foreign investments, e.g., when they fell into dispute over the sale of shares in Russian bond funds and funds whose underlying assets were SEMBs issued by, among others, Argentina, in the wake of Russia and Argentina each declaring moratorium, and when they wanted to issue DLSs or enter into TRS agreements with foreign assets of Lime Asset Management's trade finance fund as their underlying assets
Advised clients on all aspects of their issues related to accounting and audit, e.g., as in the cases of Samjong KPMG, faced with sanctions by the Accounting Oversight Deliberation Committee and Securities and Futures Commission for its audit of Samsung Biologics, and MBN, faced with sanctions by the Accounting Oversight Deliberation Committee and Securities and Futures Commission for its paid-in capital increase
Advised clients on their FinTech-related tasks and relevant regulatory issues, e.g., as in the cases of Kakao Bank in need of advice on its operation of mobile banking business; Hanwha Group, on its plan to establish a new FinTech business; KB Financial Group, on its plan to establish an Open API-based integration system; and Woori Bank, on its plan to introduce a simple payment system
Advised clients on their structured finances, e.g., as in the case of Korea Asset Management Corporation's cross-border ABS, the first kind issued overseas by a Korean entity

学历

1998 Judicial Research and Training Institute, Supreme Court of Korea
1991 Seoul National University (B.A.)

主要社会活动

著作
Investment Trust Firms' Inclusion of Daewoo Bonds in Portfolios of Its Clients and Liability for the Inclusion, BFL No. 11, pp. 95-115 (Seoul National University Center for Financial Law, 2005)
Reform Plan for the Act on the Structural Improvement of the Financial Industry - Consideration of Problems in Provisions for Handling Insolvent Financial Institutions, BFL No. 7 (Seoul National University Center for Financial Law, 2004)
活动
Lecturer on the Financial Transaction Act at the Judicial (2008-2014)

资格

1998 Korea