Sangkyun Jang

Partner

T. +82-2-3404-0198
F. +82-2-3404-0804
E. sangkyun.jang@bkl.co.kr

Overview

Sangkyun Jang is a partner at Bae, Kim & Lee LLC. Mr. Jang's main practice focuses on corporate litigation, financial litigation, administrative litigation, employment and labor, and criminal matters. Since 1994 prior to joining BKL as a partner in March 2012, he served in the judiciary as a judge at various levels of courts—Seoul District Court, Seoul High Court, Supreme Court, etc. and retired as a presiding judge from Seoul Administrative Court. At Supreme Court, in particular, as a presiding judge directing Commercial Team and Criminal Team, he studied for many years cases of so much importance that would be used as legal precedents.

Mr. Jang authored many papers mainly regarding corporate law and commercial law; participated in revisions of the Korean commercial code; served as one of the editors for Civil Code Commentaries (4th edition) during his tenure at Seoul Administrative Court; and took charge of publishing a manual for labor cases and a manual for refugee trials.

Related Practices

Representative Experience

2012-Present Bae, Kim & Lee LLC

2009-2012 Presiding Judge, Seoul Administrative Court

2008-2009 Presiding Judge, Incheon District Court

2005-2008 Research Judge, Supreme Court of Korea (Presiding Judge)

2003-2005 Research Judge, Supreme Court of Korea

2002-2003 Judge, Seoul High Court

2001-2002 Judge, Suwon District Court

1996-2001 Judge, Seoul District Court

1994-1996 Judge, Northern Branch of Seoul District Court

1993-1994 Attorney, Kim & Chang

1990-1993 Judge Advocate, Republic of Korea Air Force

2015-Present Member, Administrative Appeals Commission, National Election Commission

2013-Present Member, Administrative Appeals Commission of the Office, National Court Administration

2013-2015 Member, Administrative Appeals Commission, Seoul Metropolitan City

2011 Member, special committee on commercial laws, Ministry of Justice

2008 Member, special subcommittee on revision of general rules of commercial laws, Ministry of Justice

2007 Member, special subcommittee on revision of commercial laws on insurance, Ministry of Justice

2006 Member, International Financial Committee, Korea Chamber of Commerce and Industry (KCCI)

Representative Matters

Represented Valeo Electrical System Korea in a case involving the conversion of labor union organization

Represented Motor Company A in a case involving ordinary wage and illegal dispatch

Represented client in a preliminary injunction for prohibition of merger between Banks B and BA

Represented Heavy Industry Company C in a criminal case regarding industrial safety

Represented Companies D, DA and DB in criminal cases regarding embezzlement and breach of duty by the management of large companies

Represented Valeo Electrical System Korea in a case involving the conversion of labor union organization

Represented Motor Company A in a case involving ordinary wage and illegal dispatch

Represented client in a preliminary injunction for prohibition of merger between Banks B and BA

Represented Heavy Industry Company C in a criminal case regarding industrial safety

Represented Companies D, DA and DB in criminal cases regarding embezzlement and breach of duty by the management of large companies

Represented Pharmaceutical Company E in a case seeking the cancellation of disposition of price discount

Represented Construction Company F in a criminal case regarding industrial safety

Represented Non-life Insurance Companies G and GA in a case involving severance pay, etc.

Represented Investment & Securities Company H in a case involving a claim for annual allowance, etc.

Represented Public Corporation I, etc., in a case involving ordinary wages of public companies

Represented Telecommunication Company J in a case involving damages claim arising out of the leakage of personal information

Represented Electronics Company K in a case involving administrative relief for unjust dismissal

Represented Electronics Company L in a case involving the application for preliminary injunction for prohibition of an employee's job transfer

Represented Broadcasting Corporation M in a case involving labor strike and dismissal

Represented Pharmaceutical Company N in a case seeking the cancellation of restitution of medical care benefits

Represented O Korea in a case involving the application for preliminary injunction for non-competition, etc.

Represented Hospital P in a case seeking the confirmation of nullification of termination of collective agreement

Represented Bank Q, Financial Investment Company QA and Bank QB, etc., in cases involving dismissal

Represented Academy R in a case seeking the cancellation of suspension of recruitment of medical students

Represented City S in a case seeking the cancellation of imposition of housing site development charges

Represented a correctional officer in a case seeking the cancellation of a decision not to approve the promotion

Represented client in a case seeking the cancellation of Korea Worker's Compensation & Welfare Service's rejection of application for medical care benefit

Education

1999 University of Michigan Law School (LL.M.)

1990 Judicial Research and Training Institute, Supreme Court of Korea

1988 Seoul National University (LL.B.)

Selected Activities

Publications

Double Transfer of Shares Prior to Issuance of Share Certificates and Requisites for Counteractions, Commemoration of Retirement of Supreme Court Justice Su Ahn Jeon Research on Special Act Vol. 10 (Jurisdiction Development Foundation, 2012)

Method of Normalization of Educational Foundation with Temporary Director, Commemoration of Reappointment of Chief Justice of the Supreme Court Yong Hoon Lee Righteous Jurisdiction (Jurisdiction Development Foundation, 2011)

Benefits of Relief and Lawsuit in Relief Proceedings for Unfair Dismissal, Research of Labor Act Vol. I Commemoration of Retirement of Supreme Court Justice Ji Hyung Kim Vo. I (Jurisdiction Development Foundation, 2011)

Determination of Parties to Financial Transactions, Summary of Cases Subject to Research, Judicial Cases Review IX (Pakyoungsa, 2010)

Effectiveness of Ipso Facto Clause, Summary of Cases Subject to Research, Judicial Cases Review IX, pp. 437-438 (Pakyoungsa, 2010)

Issues Regarding Litigation for Affirmation of Illegality of Omission, Administration Case Study No. 15-2, pp. 317-354 (Pakyoungsa, 2010)

Temporary Director's Right to Appoint Director under Former Private School Act, Commentary on Supreme Court Judgments No. 68, pp. 147-163 (Supreme Court Library of Korea, 2008)

Effects of Suspension of Corporate Work-Out, Commentary on Supreme Court Judgments No. 67 (Supreme Court Library of Korea, 2008)

Issues Regarding Damage Claim Suit filed by Securities Investors Based on Accounting Fraud, Matters over Civil Actions Vol. 17, pp. 355-401 (Korean Society of Judicial Administration, 2008)

Decision of Provisional Attachment with Expired Notes Receivable as rights to be Preserved and Prescription of Underlying Claims, Commentary on Supreme Court Judgments No. 71, pp. 101-107 (Supreme Court Library of Korea, 2008)

Limitation on Modification of Cause of Claims in Litigation for Determination of Bankruptcy Claims, Commentary on Supreme Court Judgments No. 68, pp. 271-287 (Supreme Court Library of Korea, 2008)

Effectiveness of Provisions of Listing Regulations Providing application for Commencement of Company Reorganization Proceedings as Reason for Delisting, Commentary on Supreme Court Judgments No. 72 (Supreme Court Library of Korea, 2008)

Interpretation of Reasons for Exclusion of Provision on Limitation on Liability Prescribed in Article 4 of the Amended Warsaw Convention, Commentary on Supreme Court Judgments No. 63, pp. 451-471 (Court Library, 2007)

Meaning of Business Transfer under Article 30(3) and 30(1) of the Former Installation and Utilization of Sports Facilities Act, Commentary on Supreme Court Judgments No. 63, pp. 716-734 (Court Library, 2007)

Standards for Determination of Good Intentions of Trustee in Bankruptcy in Legal Relationship Arising from Fictitious Declaration of Intention Made in Collusion with Other Party, Matters over Civil Actions Vol. 16, pp. 479-496 (Korean Society of Judicial Administration, 2007)

Effects of Closing of Company Reorganization Procedure on Receiver's Exercise of Right of Denial, Commentary on Supreme Court Judgments No. 63, pp. 775-794 (Supreme Court Library of Korea, 2007)

Agreement on Limitation of Period for Demand for Performance of Corporate Bond Guaranteed Obligation, Commercial Cases Review Vol. VII, pp. 479-493 (Pakyoungsa, 2007)

Calculation of Amount of Damages in Damage Claim Suit Filed Due to Manipulation of Security Prices, Commercial Cases Review Vol. VI (Parkyoungsa, 2006)

Assertion of Reasons for Claim Objection During the Course of Judgment Execution for Foreign Arbitral Award, Commercial Cases Review Vol. VI (Parkyoungsa, 2006)

Application of Classified List of Disability for Temporary Disability, Commentary on Supreme Court Judgments No. 60, pp. 356-377 (Court Library, 2006)

Scope of Compensation for Damage Due to Destruction of Objects for Business Use, Development of Jurisdiction for 21st Century, Commemoration of Reappointment of Chief Justice of the Supreme Court Song Min, Jong young Choi, pp. 389-398 (Pakyoungsa, 2005)

Requirements for Execution of Foreign Judgment, Commentary on Supreme Court Judgments No. 51, pp. 502-532 (Court Library, 2004)

Sale Caused by Waiver of Hostile Takeover Bid and Liability to Return Profits on Short-Term Trade, Commentary on Supreme Court Judgments No. 49 (Court Library, 2004)

Party Liable for Damages Caused by Collision of Time Chartered Vessel, Commentary on Supreme Court Judgments No. 47, pp. 400-428 (Supreme Court Library of Korea, 2004)

Requirements for Ligation for Revocation of Resolutions Made at General Meetings of Shareholders and Dismissal at Court's Discretion, Commentary on Supreme Court Judgments No. 47, pp. 375-399 (Supreme Court Library of Korea, 2004)

End-Point of Insurance Cover under Institute Cargo Clauses A, Commentary on Supreme Court Judgments No. 44, pp. 125-145 (Supreme Court Library of Korea, 2004)

Whether Partial Exemption is Possible upon Exemption at Discretion and Requirements Therefor, BFL No. 21 (Seoul National University Center for Financial Law, 2007)

Application of Provisions Regarding Return of Profits on Short-Term Trade under Securities and Exchange Act with Respect to Sale of Controlling Shares, BFL No. 5 (Seoul National University Center for Financial Law, 2007)

The Per Package Liability Limitation of Carriers under the Korean Commercial Code, Journal of Korea Maritime Law Association Vol. 26 No. 2, pp. 167-200 (Korea Maritime Law Association, 2004)

Awards

Chambers Asia-Pacific - Leading Lawyer (2018-2022)

Benchmark Litigation Asia-Pacific - Leading Individual (2019-2022)