Sung Gene Park

  • Partner
  • T. +82-2-3404-0937
  • F. +82-2-3404-7688
  • E. sunggene.park@bkl.co.kr

Overview

Sung Gene Park has successfully performed merger filing, cartel, abuse of market dominance and superior bargaining power cases, and other special laws cases related to competition law of major domestic and foreign clients in various industries such as construction, distribution, IT, and automobiles.

When Mr. Park worked as a judge advocate for public service of Ministry of Justice, he handled case in the area of public information law and directed the case to be heard before a full bench of the Supreme Court in 2011, and he was responsible for directing the Korea Fair Trade Commission litigation in 2012. He reviewed the first-round bar examination (54th) as an competition law reviewer. He is actively engaged in academic works in the field of competition law and was awarded the 2020 Korean Bar Association Academic Paper Award (Excellence Award).

Representative Experience

2013-Present Bae, Kim & Lee LLC
2011-2013 Judge Advocate for Public Service, Ministry of Justice (Seoul High Prosecutors' Office)
2010-2011 Judge Advocate for Public Service, Ministry of Justice (Changwon District Prosecutors' Office)

Representative Matters

Represented A Group's unfair support practices case
Represented a Korean manufacturer in connection with the Korea Fair Trade Commission's investigation of an overseas standard essential patent holder's act of providing licenses to Korean manufacturers on unfairly disadvantageous terms by abusing its superior bargaining power (corrective order issued)
Represented Public Corporation B in a case alleging abuse of superior bargaining position against construction companies
Represented 3 construction companies in the case involving KFTC's investigation into collusion in the second Wonju-Kangneung railway construction project
Case involving KFTC's investigation into collusion among steelmaker companies' steel scrap purchase price fixing (closing of deliberation procedures)
Corporate Group Practices and Unfair Support Practices
Represented C Group in a case of conversion into holding company
Represented Company D in the division of affiliates case
Represented E Group in the separation from relatives
Represented A Group's unfair support practices case
Represented Public Corporation F in a case involving unfair support case
Unfair Trade Practices
Represented a Korean manufacturer in connection with the Korea Fair Trade Commission's investigation of an overseas standard essential patent holder's act of providing licenses to Korean manufacturers on unfairly disadvantageous terms by abusing its superior bargaining power (corrective order issued)
Represented Public Corporation G in a case alleging abuse of superior bargaining position against construction companies
Represented Public Corporation B in a case alleging abuse of superior bargaining position against construction companies
Represented H Company in a civil suit raised by HA company for unfair VPF (Virtual Printing Fee) business model
Subcontract Law
Advised Construction Company I on its response to the investigation into reported case
Advised Construction Company J on its response to the investigation into reported case
Advised and represented Construction Company K on its response to the investigation into re-reported case
Advised and defended Construction Company L on its response to the investigation into reported case
Distribution Law / Franchise Business Act
Advised M Mart on its response to the investigation into the violation of the Act on Fair Transactions in Large Retail Business in connection with its promotional events
Advised Company N on its response to the investigation into the violation of the Act on Fair Transactions in Large Retail Business (warning, imposition of no penalty surcharge and reduction of the same)
Advised Company O on its response to the investigation into the violation of the Act on Fair Transactions in Franchise Business
Advised Company P on its response to the investigation into the violation of the Act on Fair Transactions in Franchise Business
Cartels and relating Damage Actions
Case involving collaborative act among commercial vehicles
Case involving KFTC's investigation into collusion among hotels in Busan
Represented 3 construction companies in the case involving KFTC's investigation into collusion in the second Wonju-Kangneung railway construction project
Case involving KFTC's investigation into collusion among steelmaker companies' steel scrap purchase price fixing (closing of deliberation procedures)
Represented multiple construction companies in varous collusion cases involving Honam high-speed railway, main gas pipelines and LNG tank construction projects
Case involving air cargo fuel surcharge collusion and case involving damages to LCD panel collusion participants (ongoing)
Merger Filings
Advised Company Q on the filing of a bsuness combination report on its acquisition of shares in golf course management company
Advised British Company R on its acquisition of shares in Korean valve manufacturer
Advised on the filing of a business combination report on the establishment of a JV for mobility business between German Companies S and SA

Education

2020 Georgetown University Law Center (LL.M.)
2010 Judicial Research and Training Institute, Supreme Court of Korea
2008 Korea University (LL.B.)

Selected Activities

Publications
Review on revised provisions regarding disclosure of confidential information during the enforcement proceedings under the MRFTA, Korean Lawyers Association Journal, Vol. 69 No. 5 (Korean Lawyers Association, 2020)
Vertical Restraints under Online Sales – Focused on justifications for the minimum RPM and the criteria for judging the illegality of third-party platform bans, Distribution Law Review, Vol. 7, No. 1 (Korea Distribution Law Association, 2020)
Remarks on How to Improve the Standards for Superior Bargaining Position in the MRFTA, Journal of Korean Competition Law, Vol. 41 (Korean Competition Law Association, 2020)
Study on the Systems of the Distribution Industry Development Act (Co-author, Ministry of Trade, Industry & Energy, 2017)
Review of problems under the Act on Fair Transactions in Large Retail Business, Research Paper of the Law and Economic Analysis Group (Co-author, Korea Fair Trade Mediation Agency, 2016)
Awards
Excellence Award, Academic Paper Award of the Korean Bar Association (2020)

Qualifications

2010 Korea