Bo Yen KIM

  • Attorney
  • Partner
  • T. +82-2-3404-6550
  • F. +82-2-3404-7688
  • E. boyen.kim@bkl.co.kr

Overview

Bo Yen Kim's practice focuses on providing advice related to the Monopoly Regulation and Fair Trade Act, response to antitrust investigation, and any other legal matters involving anti-trust and competition including business combination report (i.e., the Act on Fair Transactions in Large Retail Business, the Fair Transactions in Franchise Business Act, the Act on Fair Labeling and Advertising, the Fair Transactions in Subcontracting Act, etc.).

Since joining Bae, Kim & Lee LLC in 2009, Ms. Kim has accumulated extensive experience in responses to on-site examination and responded to the entire process of the Korea Fair Trade Commission’ investigation into cases involving cartels such as bid-rigging, unfair internal trading, and unfair trade activities, and advised and represented clients in the accompanying administrative litigation.

Further, Ms. Kim has experience in analyzing the duty of business combination report and filing such reports with not only Korean but foreign competition authorities and she also has expertise in anti-trust and competition and advises clients on relevant laws such as the Act on Fair Transactions in Large Retail Business, the Fair Transactions in Franchise Business Act, the Act on Fair Labeling and Advertising, and the Fair Transactions in Subcontracting Act.

Representative Experience

2009-Present Bae, Kim & Lee LLC

Representative Matters

Advised Apple Korea on its response to KFTC's investigation
Filed LG Chem's business combination reports with the authorities of Korea, China, the EU, Turkey and Indonesia in connection with its acquisition of shares in LG Toray Hungary Battery Separator Kft
Represented A's affiliates in the case of their internal trading (illegal assistance)
Represented a number of domestic and overseas container liner shipping companies in the case of ocean freight price-fixing for Korea-Southeast Asia, Korea-Japan and Korea-China shipping routes and significantly reduced the penalty surcharge
Represented duty free shop operators in their response to the KFTC's investigation into collusive activities, resulting in no penalty surcharge imposed
Unfair Trade Practice
Advised Apple Korea on its response to KFTC's investigation
Represented Ceragem in the case involving resale price maintenance and obtained a decision not to charge from the prosecutors' office
Represented Hoya in Korea in its response to the entire process of the KFTC's investigation into unfair trade activities and significantly reduced the penalty surcharge
Corporate Merger
Filed LG Chem's business combination reports with the authorities of Korea, China, the EU, Turkey and Indonesia in connection with its acquisition of shares in LG Toray Hungary Battery Separator Kft
Filed SeAH CSS and Dussur's domestic and overseas business combination reports regarding their establishment of a new Saudi JV
Advised BorgWarner on the filing of business combination report regarding its acquisition of shares in Delphi
Filed Seah Besteel's merger with Posco Special Steel
Abuse of Dominance
Represented B in the cases of abusing market dominant position and also represented BA in the case of abusing of standard essential patent right, etc.
Represented the KFTC in the administrative litigation over the abuse by C of its market dominant position
Large-size Business Group and Holding Companies
Represented A's affiliates in the case of their internal trading (illegal assistance)
Represented D in the case of applying extension of the grace period to apply the provision restricting acts by holding company
Filed an objection and appeal with respect to the large business group's breach of duty of disclosure
Filed an application for authoritative interpretation of matters concerning joint venture companies
Cartel
Represented a number of domestic and overseas container liner shipping companies in the case of ocean freight price-fixing for Korea-Southeast Asia, Korea-Japan and Korea-China shipping routes and significantly reduced the penalty surcharge
Represented word software operators in the bid-rigging case and obtained a decision not to charge from the prosecutors' office
Represented duty free shop operators in their response to the KFTC's investigation into collusive activities, resulting in no penalty surcharge imposed
Represented TAEYOUNG E&C in the bid-rigging case of Daegu urban railroad and obtained a decision not to charge from the prosecutors' office
Represented construction companies in a number of bid-rigging cases regarding gas transmission line, four major rivers restoration, Incheon subway line, reservoir embankment height-raising, Goyang Biomass, Chungnam sewage treatment plan projects, etc.
Represented E, an airline, in the KFTC's investigation into the international cartel regarding air freight charges
Helped some of CRT manufactures to be exempted from or pay much-reduced penalty in the CRT cartel case
Represented Korean fuel suppliers on their response to the investigations by DOJ and KFTC regarding their cartel
Response to On-site Examination and Compliance
Represented a number of construction companies, platform companies and manufacturers in their response to on-site examination
Advised clients on a number of compliance matters regarding the Monopoly Regulation and Fair Trade Act, the Act on Fair Transactions in Large Retail Business, the Fair Transactions in Subcontracting Act, etc.
Administrative Litigation over Matters concerning Fair Trade Practices, etc.
Represented in the litigation seeking to cancel the imposition of penalty for bid-rigging among construction companies (gas transmission line, four major rivers restoration, Incheon subway line, reservoir embankment height-raising, Goyang Biomass, Chungnam sewage treatment plan projects, etc.)
Distribution and Franchise Businesses
Advised platform operators on matters concerning the Act on Fair Transactions in Large Retail Business, etc.
Advised F, a music academy, on matters concerning the Franchise Business Act
Consumer Protection including the Act on Fair Labeling and Advertising
Represented a cosmetics company G in the KFTC's investigation into unfair advertising, such as false or exaggerated labeling, etc.
Advised a number of foreign hotel operators on matters concerning the Fair Trade Act

Education

2017 New York University School of Law (LL.M.)
2009 Judicial Research and Training Institute, Supreme Court of Korea
2007 Yonsei University Law School (LL.B., cum laude)

Selected Activities

Activity
Speaker, KFTC Enforcement Trends and Investigation (In-House Community eCongree, Sounth Korea, 2020)
Lecturer, Labeling and Advertising Act to Strenghthen the Competition Regime in Parkistan (Korea Fair Competition Federation, 2020)
Lecturer, Unfair Trade Practice and Abuse of Market-Dominance (Korea Listed Companies Association, 2019-2020)
Speaker, IBA Consumer Protection (2019)

Qualifications

2020 New York
2009 Korea