Junghun KIM

  • Attorney
  • Partner
  • T. +82-2-3404-0696
  • F. +82-2-3404-0804
  • E. junghun.kim@bkl.co.kr

Overview

Junghun Kim focuses his practice on responding to Korea Fair Trade Commission's investigation; litigating in matters concerning administrative appeal, claims for damages resulting from violation of the Fair Trade Act, cancellation of restricted eligibility to participate in bids; and filing mergers.

As an antitrust lawyer, Mr. Kim successfully handled cases involving the price-fixing among petrochemical, credit card and construction companies domestically and the price-fixing of CRTs, TFT-LCDs, condensers, resistors, foreign currency swap, etc. internationally. He has advised on matters concerning merger, unfair trade practices, and abuse of dominant market position as well as laws under the jurisdiction of the Korea Fair Trade Commission (KFTC) such as the Subcontracting Act, Labeling and Advertising Act, and Act on the Regulation of Terms and Conditions; and has also helped clients respond to KFTC's investigations. He studied competition laws of the U.S. and Japan—he completed the Competition Law Program at New York University School of Law and was trained at Mori Hamada & Matsumoto, a law firm in Japan—and now applies such knowledge to his practice.

Representative Experience

2012-2013 Mori Hamada & Matsumoto, Tokyo (Secondment)
2006-Present Bae, Kim & Lee LLC

Representative Matters

Advised many Japanese companies, such as, Toyota, Hitachi, and the Japan Steel Works, LTD., on their acquisitions of Korean companies and merger filings
Advised Japanese companies A, AB and AC on responding to the KFTC investigations of an international cartel to fix prices of condensers, resistors and HDD suspensions
Represented Interpark INT in responding to KFTC's corrective order relating to eBay's acquisition of Gmarket, and obtained a decision mitigating corretive measures to a great extent
Represented Lotte Chemical in obtaining clearance for its merger with Samsung Group's petrochemical unit
Represented petrochemical companies in the case involving a cartel to fix prices of synthetic resins (HDPE, PP, LDPE, LLDPE, etc.) and synthetic rubber and obtained decisions reducing the fines imposed by the KFTC and cancelling the fines by an administrative court
Japan Matters related to Antitrust
Advised many Japanese companies, such as, Toyota, Hitachi, and the Japan Steel Works, LTD., on their acquisitions of Korean companies and merger filings
Advised Japanese companies A, AB and AC on responding to the KFTC investigations of an international cartel to fix prices of condensers, resistors and HDD suspensions
Business Combination
Represented Interpark INT in responding to KFTC's corrective order relating to eBay's acquisition of Gmarket, and obtained a decision mitigating corretive measures to a great extent
Represented Lotte Chemical in obtaining clearance for its merger with Samsung Group's petrochemical unit
Unfair Collusive Practices
Represented petrochemical companies in the case involving a cartel to fix prices of synthetic resins (HDPE, PP, LDPE, LLDPE, etc.) and synthetic rubber and obtained decisions reducing the fines imposed by the KFTC and cancelling the fines by an administrative court
Represented an oil refiner in the case involving a cartel for non-solicitation of current and former gas stations affiliated with competitors and obtained a decesion reducing a fine
Represented a number of banks in the case involving a cartel to fix prices of various fees including giro fees, banker's usance fees, etc.
Represented cathode-ray tube manufacturers in the case involving a cartel to fix prices of their cathod-ray tubes and obtained decisions cancelling or greatly reducing the fines on them
Represented an elevator operator in the case involving a cartel for market sharing and price-fixing, and obtained a decision greatly reducing fines
Represented an airline in the case involving a cartel to fix freight charges and obtained a decision reducing a fine
Represented construction companies in the case involving a cartel to rig bidding on construction contracts for the four-rivers restoration project, Incheon Subway, Honam High-Speed Railway, Gyeonging Canal, etc. and obtained a ruling greatly reducing fines
Represented in a number of litigations seeking damages arising from cartels to fix freight charges and LCD prices
Represented in a number of litigations seeking cancellation of restriction on eligibility for participating in bids for CCTVs and watt-hour meters and obtained decisions either suspending execution or cacelling dispositions
Unfair Business Practices
Represented department stores in the administrative litigation involving abuse of dominant position related to electronic data interchange and obtained a decision cancelling fines on some of them
Represented KT and other state-run companies in the case involving unfair intercompany transactions and unfair support, and obtained decisions either acquitting the accused or reducing fines
Abuse of Market Dominance
Represented KFTC in the administrative litigation involving Intel's abuse of its market dominance

Education

2012 New York University School of Law (LL.M.)
2006 Judicial Research and Training Institute, Supreme Court of Korea
2004 Korea University (LL.B.)

Selected Activities

Publications
Analysis of 2020 Amendment to Fair Trade Act 2 –Regulation of Business Group, BFL 2021 March Issue (Co-author, Seoul National University Center for Financial Law, 2021)
A study on the application scope of the Act on Fair Transactions in Large Retail Business, Distribution Law Review Vol. 7 No. 2, pp. 123-183 (Co-author, Korea Distribution Law Association, 2020)
Information Exchange and Illegal Cartel-Focusing on Legislation Cases of Major Countries, Case Study on Economic Law Vol. 9 (Bobmunsa, 2015)
A Review of Issues under the Act on Fair Transactions in Large Retail Business, LEG Working Paper (Co-author, Korea Fair Trade Mediation Agency, 2016)
A Study on Coporate Merger Review Procedures of Major Competition Authorities, LEG Working Paper (Co-author, Korea Fair Trade Mediation Agency, 2014)
International Cartel Investigation and Leniency by KFTC (2013)
Comparison of Enforcement of Competition Laws of Korea and US (The Lawtimes, 2011)
Corporate Division and Fines, Judicial Precedent Study Association (Korea Fair Trade Commission, 2011)
Activity
Lecture on Fair Trade, KAIST-MIP (Master of Intellectual Property)

Qualifications

2014 New York
2006 Korea