LIN NEWS
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LIN NewsLIN Professionals’ External Appointments for Q1 2025Recent external appointments of LIN’s professionals are as follows: Attorney Tae Eon Koo Appointed as a Steering Committee Member of the AI Innovation Committee of the Federation of Korean Industries Tae Eon Koo, an attorney at LIN, was appointed as a steering committee member of the AI Innovation Committee of the Federation of Korean Industries (FKI) on March 25, 2025. The AI Innovation Committee was established with the goal of identifying policies for the innovation and widespread adoption of AI technology. Amid the rapidly evolving global competition for AI leadership, the committee is tasked with collecting opinions from the domestic industry and conveying them to the National Assembly and government. Koo will contribute to the operation of five subcommittees, including Policy, Talent & Infrastructure, Governance & Standards, and Future Growth, in order to further enhance the committee’s initiatives for substantive institutional improvements, and will do his best to create an ecosystem where companies can actively utilize AI to bolster competitiveness across the industry as a whole. Attorney Young Hoon Kim Appointed as an Independent Director and Chairman of the Audit Committee at Hanmi Science Co., Ltd. On March 26, 2025, Young Hoon Kim, an attorney at LIN, was appointed as an Independent Director and Chairman of the Audit Committee of Hanmi Science Co., Ltd. As the holding company of Hanmi Pharmaceutical Group, Hanmi Science has enhanced the development potential of the Group based on the management philosophy of respecting human dignity and creating value, and has achieved continuous growth through collaborations with various global pharmaceutical companies. In addition, it has played an important role in supporting the Group's stable development of new drugs and expanding the Group’s strategic initiatives to become a truly global pharmaceutical company. As an independent director of Hanmi Science, Kim will work diligently during his term to help the company solidify its identity in new drug development and emerge as a global healthcare company. Attorney Eung Jun Jeon Appointed as a Member of the 2025 Working Group on Improving the AI Copyright System On March 19, 2025, Eung Jun Jeon, an attorney at LIN, was reappointed as a member of the 2025 Working Group on improving the AI Copyright System 2025 (March 19, 2025 to December 31, 2025). Over the past year, the Working Group has discussed various issues including the development of institutional improvements for using copyrighted works training data, whether and how to disclose AI-learned data, and the criteria for determining copyright infringement by AI outputs, all while striving to improve the relevant legal framework. Continuing his service from 2024, Jeon is dedicated to proactively developing institutional improvements that strike a balance between advancing the development of the AI industry and protecting creators' rights. Attorney Jong Sik Kim Appointed as an Independent Director of Asiana IDT Jong Sik Kim, an attorney at LIN, was appointed as an Independent Director of Asiana IDT on January 31, 2025. Asiana IDT is an IT services company that provides state-of-the-art IT solutions and services to help clients generate revenue and strengthen their competitiveness, leveraging its global network, differentiated technology, as well as top-tier professionals with accumulated project experience and know-how in various industries. As an Indipendent Director of Asiana IDT, Kim is committed to helping the company enhance its clients' business competitiveness with more differentiated technologies and services and contribute to creating a more convenient and prosperous society. Attorney Sung June Park Appointed as Legal Counsel to Korea Midland Power Co., Ltd. On January 6, 2025, Sung June Park, an attorney at LIN, was appointed as Legal Counsel to Korea Midland Power Co., Ltd. (KOMIPO) (January 24, 2025 to January 23, 2027). To deliver cleaner and healthier energy to the public, KOMIPO has upgraded its thermal power plants with world-class environmental equipment to operate safe facilities free from concerns about fine dust and environmental pollution, and has also taken the lead in promoting Korea's energy transition through the continuous development of various renewable energy sources. As Legal Counsel to KOMIPO, Park will leverage his expertise to help the company build upon its know-how and experience at the forefront of the energy industry, driven by innovative planning and a spirit of challenge, while continuing to a more prosperous and healthier life for the public. Attorney Seok Lee Appointed to the Steering Committee of the Gyeonggi-do Carbon Neutrality Support Center On March 25, 2025, Seok Lee, an attorney at LIN, was appointed as a member of the Gyeonggi-do Carbon Neutrality Support Center Steering Committee (January 1, 2025 to December 31, 2026). The Steering Committee was established to deliberate on matters necessary for the management and operation of the Center in accordance with the “Guidelines for Designation and Operation of Carbon Neutrality Support Center” and to discuss efficient operational measures. Gyeonggi-do operates the Carbon Neutrality Support Center to build a foundation for carbon neutrality with the goal of reducing carbon emissions by 40% from 2018 levels by 2030, and to support cooperation with the national and local governments for the efficient execution of its annual business plans. As a member of the steering committee, Lee will deliberate on the efficient management and operational strategies for the center to promote Gyeonggi-do's carbon neutrality and green growth initiatives, and will review the progress of the annual business plan and seek ways to improve it to the best of his ability. Chang Hwan Shin, US Attorney, Appointed to the Board of Directors of the Korea Copyright Protection Agency Chang Hwan Shin, a U.S. attorney at LIN, was appointed to the Board of Directors of the Korea Copyright Protection Agency (KCOPA) on February 4, 2025. The KCOPA was established to support the formulation and enforcement of copyright protection policies, deliberate on matters related to copyright protection, and conduct projects necessary for copyright protection, thereby contributing to the enhancement and development of culture and related industries. As a director of the KCOPA, Shin will do his best to help the organization grow into a global organization specializing in copyright protection that builds a safe foundation for the cultural industry by fostering a healthy ecosystem and more firmly upholding the value of creativity. Advisor Se Yong Um, Appointed as a member of the National Assembly Legislative Support Committee (Political Affairs Division) On February 25, 2025, Se Yong Um, an advisor at LIN, was appointed as a member of the National Assembly's Legislative Support Committee, where he will serve in the Political Affairs Division for two years, focusing on the Capital Markets Act. The National Assembly Legislative Support Committee, composed of 166 members, provides legislative advice to lawmakers on matters, including drafting bills and reviewing administrative legislation. Having previously served as a member of the Capital Markets Act Enactment Task Force under the former Ministry of Finance and Economy and as a member of the National Assembly Legislative Support Committee (Finance and Economy Division), Dr. Um has been reappointed to the Committee (Political Affairs Division) and will provide key advisory services on the legislative process for capital markets. Kwang Min Nam, CPA, Appointed as Chairman of the Audit Committee of Independent Directors of Hwaseung Industries, a KOSPI-listed Company On March 25, 2025, Kwang Min Nam, a CPA at LIN, was appointed as Chairman of the Audit Committee of Independent Directors of Hwaseung Industries, a company listed on the KOSPI market. As a representative company of Hwaseung Group's sports fashion ODM and fine chemical businesses, Hwaseung Industries has enhanced the future value of human life based on its top-tier quality competitiveness and continuous innovation. Nam is committed to enhancing the rights and interests of shareholders by ensuring the company maximizes its group’s value through transparent and rational management. In addition, he will continue to work diligently to help the company continue to innovate and become a trusted company that realizes future value.2025.07.03
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Recruitment PersonnelNew RecruitmentsWe are pleased to welcome Beom Jin Park (Partner), Chae Yun Kim (Partner), and Woohyuk Sky Ju (Foreign Legal Consultant (US)) as new members of our Firm. 1. Beom Jin Park, Partner - Korea University, B.A. in Economics - University of Michigan Ann Arbor, Ross School of Business, M.B.A. - Chungnam National University, School of Law, J.D. - Bar Examination (4th) - Seoul National University, Center for Financial Law Former) Samsung Corning Corporation Former) Citibank Korea, Card Division Former) Coca-Cola Business Solution Inc. Former) Shinhan Bank, Business Planning Team / Shinhan Financial Group, Future Strategy Research Center Former) Lim, Chung & Suh Former) Jehyun, Partner Former) E-UM Private Equity, Compliance Officer Current) Lin Mr. Park joined Samsung Group in 1999 and worked at Samsung Corning Co., Ltd., handling HR, strategic planning, and tasks related to Corning Incorporated in the United States. In 2004, he moved to the U.S. and obtained a Master of Business Administration (MBA) from the University of Michigan Ann Arbor, one of the top 10 business schools in the country. During his MBA program, he completed industry-academia cooperation projects and internships at Coca-Cola Business Solution Inc. and Citibank (Card Business) in the United States, transitioning his career into the financial sector. In 2006, he worked in the Business Planning Team at Shinhan Bank and the Future Strategy Research Center of Shinhan Financial Group. During his tenure at Shinhan Bank, he was involved in consulting projects aimed at developing strategies for banks and financial holding companies in response to the global financial crisis in 2008 and the implementation of the Capital Market Consolidation Act in 2009. He handled important tasks such as formulating strategies for long-term growth of the bank and initiatives for green banking. He also co-authored reports with the Financial Supervisory Service for publication. After pursuing graduate studies in law to deepen his understanding and expertise in financial regulation and legal matters, Mr. Park was admitted to the Korean Bar in 2015. Starting his career at Lim, Chung & Suh, he gained experience in various civil litigation cases, including claims for damages against investment management companies. In the same year, he moved to Jehyun, a law firm, specializing in finance and transactions, where he worked until 2023. During this period, he served clients such as banks, financial investment companies, asset management companies, specialized credit finance companies, savings banks, and public power companies, providing legal advice on domestic and international real estate project financing, renewable energy project financing, asset securitization, syndication, distressed debt acquisition financing, as well as legal advice on fundraising and various development projects, corporate governance, and related litigation. At Lin, Mr. Park plans to leverage his diverse experience and unique strengths to primarily engage in transaction advisory services such as project finance and structured finance in real estate and development projects. 2. Chae Yun Kim, Partner - Seoul National University, Graduate School of Anthropology - Bar Examination (41st) - Judicial Training Institute (31st) - Northwestern University, School of Law, LL.M. Former) Head of Legal Department, KB Kookmin Bank Current) Lin Ms. Kim started her legal career as an in-house counsel at KB Kookmin Bank and served as team head of legal team, general manager of legal department, and head of legal division for 21 years. There, she worked on various legal advisory and litigation matters for the bank and its affiliates, including regulatory law issues, financial transactions, internal control, consumer protection, and domestic and international litigations. Ms. Kim also assisted in reviewing issues related to virtual asset transactions and establishing internal control procedures. Additionally, for several years, Ms. Kim supported the board of directors and management in decision-making by advising on various cases and issues arising from internal corporate governance, HR, labor, and corporate law. Ms. Kim also handled disputes between companies and various stakeholders, including shareholders, creditors, and customers, and provided creative solutions to minimize losses. At Lin, based on her broad knowledge and integrated practical experience, Ms. Kim will demonstrate a high level of expertise in corporate legal advisory, financial, and wealth management fields. 3. Woohyuk Sky Ju, Foreign Legal Consultant (US) - Chief Financial Officer Academy (CFO Strategy Course) at Seoul National University, 23rd Class - Korea Military Academy, Batch 61 - Military History - Bachelor of Business Administration, Korea Educational Development Institute - Texas Southern University, J.D. (Thurgood Marshall School of Law, Juris Doctor) Former) U.S. Attorney / Head of International Business Team at Law Firm Hanjoong Current) Mentoring and networking expert advisor for Startup Leapfrog Package, Gyeonggi Center for Creative Economy & Innovation Current) Expert advisor on international contracts/claims at the Korea International Trade Association Current) Advisor in the field of technology/management at the Gyeonggi Center for Creative Economy & Innovation (Advisory Committee Member) Current) Export consulting expert, Korea Agro-Fisheries & Food Trade Corporation Current) Lin Mr. Ju was the head of the International Business Team of Law Firm Hanjoong and has been practicing in the cross-border sector for about 14 years, primarily in the areas of international trade and immigration (immigration/visa for individuals and companies). He is currently an advisor in charge of international contracts/claims at the Korea International Trade Association (KITA), where he advises on trade disputes, and an expert in charge of corporate export consulting at Korea Agro-Fisheries & Food Trade Corporation. In particular, as part of a legal support project for startups, he has recently been providing preventive legal support for the establishment and operation of overseas subsidiaries, joint ventures, crowdfunding, foreign exchange transactions, international contracts, and import/export trade for a number of promising companies as an expert in the field of technology/management and as an advisor to the Gyeonggi Center for Creative Economy & Innovation in Pangyo Techno Valley. He is also an immigration (immigration/visa) expert who is familiar with entry & exit and waiver (non-immigration & immigration) application procedures in the field of immigration & international law for a client who has a record such as criminal violation, illegal immigration, smuggling, and false reporting/perjury, etc. At Lin, Mr. Ju plans to leverage his practical skills and experience to effectively utilize the rich international network of Lin’s international legal team, creating synergies. 4. New Associates We are pleased to announce the addition of Ho Jun Shin (7th Bar Examination), Yuna Kim (9th Bar Examination), Jin Hwan Seong (9th Bar Examination), Sang Hoon Lee (9th Bar Examination), Hyeonjun Choi (9th Bar Examination), Sun-A Yoon (U.S. Attorney, Washington, D.C.), and Han A Ryu (Australian Attorney) to meet the growing demand of our clients. Going forward, Lin promises to continuously recruit verified talents in various fields to ensure customer satisfaction.2024.01.31
[LIN] Employment structures in South Korean Labour Law
In Korean, the phrase for forming a relationship is “gwanggye-reul maetneunda”, which literally means “to tie a relationship”. In contrast, ending a relationship is expressed as “gwanggye-reul kkeuneunda”, or “to cut a relationship”.
This linguistic contrast – to cut rather than a more symmetrical term like “untie” – offers a glimpse into the emotional and social complexity surrounding the dissolution of relationships in Korean culture. While forming a bond is often harmonious and mutual, ending one can be abrupt, painful or even adversarial, hence the expression of “cutting” rather than “untying”. This idea carries over to employment relationships and, in particular, the concept of dismissal.
Legal grounds for dismissal
(1) Managerial necessity. South Korean labour law recognises two primary forms of dismissal. The first is dismissal for managerial reasons, governed by article 24 of the Labour Standards Act.
To dismiss an employee on this basis, an employer must demonstrate “urgent managerial necessity”. Procedural requirements include efforts to avoid dismissal (such as wage or hour adjustments), fair and reasonable selection criteria, and good-faith consultation with a majority employee representative or labour union.
Discriminatory practices, particularly on the basis of gender, are strictly prohibited in the act.
Case law interprets “urgent managerial necessity” narrowly. It applies only when the company is facing a severe crisis such as business closure, bankruptcy or liquidation that threatens its overall survival.
Moderate financial difficulties or department-specific restructuring generally do not meet this threshold. Objective, credible evidence must show that the company is unlikely to recover or improve its performance in the foreseeable future.
(2) Employee misconduct. The second category is disciplinary dismissal, under article 23 of the Labour Standards Act, which prohibits dismissal without “justifiable cause”. Courts define this as misconduct that renders continued employment unreasonable under prevailing social norms. Common examples include :
Criminal conduct (e.g., assault, theft, sex crimes);
Willful harm to the employer (e.g., embezzlement, breach of trust);
Chronic absenteeism or unauthorised departures; and
Fraudulent behaviour during recruitment (e.g. submitting false credentials).
(3) Poor performance. Poor performance may constitute justifiable cause, but only under stringent conditions:
Internal rules or policies, such as Rules of Employment, must explicitly recognise poor performance as grounds for dismissal :
Evaluation criteria must be objective and fairly applied;
The employee’s performance must fall significantly below minimum expectations; and
The employee must have been given a reasonable opportunity to improve, with little prospect of recovery.
While courts are gradually becoming more receptive to such cases, South Korean law remains far more restrictive than common law jurisdictions that permit “at will” termination.
Union protection
Dismissal on the grounds of union activity raises serious legal concerns. While misconduct such as property damage during union-related activities may warrant disciplinary action, such conduct must be clearly distinguishable from lawful union participation.
Under the South Korean Constitution and Trade Union and Labour Relations Adjustment Act, employees are guaranteed the rights to organise, bargain collectively and take collective action.
Any adverse employment action, including dismissal, taken solely in response to a lawful union activity constitutes unfair labour practice and may expose the employer and responsible individuals to criminal liability. Employers must be especially cautious to avoid any appearance of retaliation against union involvement.
Fixed-term employment
Under article 4 of the Act on the Protection of Fixed-Term and Part-Time Employees, the standard limit for fixed-term employment is two years. Beyond this, the employee is considered a regular, indefinite-term employee, unless the role falls within one of the statutory exceptions, such as elderly workers, professionals, or temporary replacements.
Employers must carefully assess whether a particular fixed-term arrangement qualifies as an exception. Extending a contract beyond two years without such qualification risks automatic conversion to regular employment, subject to all associated protections, including the requirement of just cause for dismissal.
Indirect, flexible arrangements
In response to the strict regulations on employee dismissal, many companies turn to more flexible employment structures such as outsourcing, freelancing and in-house subcontracting. Estimates suggest that one to three million workers are currently engaged under such alternative arrangements.
The labour law draws a strict distinction between sub-contracting and dispatch work:
Sub-contracting involves outsourcing a specific task or result; and
Dispatching involves the supply of manpower.
The Act on the Protection of Dispatched Workers limits dispatch work to certain roles and caps its duration at two years. If an arrangement is classified as illegal dispatch, the principal employer may face criminal penalties and be required to hire the worker directly.
Furthermore, if there is discriminatory treatment in working conditions, such as disparities in salary between sub-contracted workers and regular employees performing the same or substantially similar tasks, the employer may be held liable for the retroactive payment of the wage difference.
On the other hand, to maintain a legally valid sub-contracting relationship:
The sub-contractor must be operationally independent, with its own workforce and management systems;
Work must be assigned, supervised and evaluated by the sub-contractor, not the main contractor; and
The main contractor may evaluate the outcomes of the sub-contracted work, but must not interfere with how the individual sub-contracted workers carry out their tasks.
In practice, sub-contracted workers often work side-by-side with regular employees, making strict separation difficult. Even indirect control such as giving instructions through internal communication tools, or real-time monitoring, may result in reclassification as an illegal dispatch under the labour law.
Freelancers, platform workers
Historically, freelancers included individuals like delivery drivers, insurance agents, golf course caddies and private tutors. But in recent years, the rise of the IT industry and platform economy has dramatically expanded freelance work into areas like web development, digital design and remote consulting.
A key legal issue is control and supervision. If a platform dictates work schedules, scope and payment, the freelancer may be reclassified as an employee. In a landmark 2024 Supreme Court decision, a ride-hailing platform driver was found to be an employee due to its control over his working hours, rules and compensation.
Legislative efforts are underway to extend full labour rights – including unionisation and collective bargaining – to platform workers.
Practical issues, strategies
Despite comparatively rigid labour regulations, employers have a variety of lawful options to navigate the employment relationship.
Probationary period. Employers may retain discretion by clearly stating that final employment is subject to a probationary period, typically up to three months. If properly implemented, this provides flexibility in early termination decisions.
Voluntary resignation. South Korean courts do not apply the constructive dismissal doctrine as broadly as many Western jurisdictions. If an employee formally resigns, even under subtle pressure, courts generally refrain from reclassifying the resignation as an unlawful dismissal. This provides companies with some latitude in offering voluntary resignation programmes.
Conclusion
For global companies operating in South Korea, compliance with local labour laws is not only a legal necessity, but also a practical imperative.
Encouragingly, access to information and legal support has become more accessible in recent years, with many law firms offering tailored services for foreign-invested businesses.
Crucially, building constructive and culturally informed labour management relationships is key. Understanding the values that underpin the employment culture – such as diligence, integrity and mutual respect – can help companies foster stability, trust and long-term success in this market.
Please refer to the original article below.
Asia Business Law Journal
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https://law.asia/employment-structures-in-south-korean-labour-law/
LIN Launches Legal Response Center for Creditors Affected by TMAP Incident’ and Accepts Opinions from Affected Merchants
LIN has recently launched the “Legal Response Center for Creditors Affected by TMAP Incident” for small business merchants (sellers) affected by the TMON-Wemap mass settlement delay.
“It seems more likely that the bankruptcy court and the debtor will apply the Autonomous Restructuring Support (ARS) program without initiating the debtor's rehabilitation proceedings,” said Attorney Hyojong Choi (34th class of the Judicial Research and Training Instiutte), the head of the center, and TMON and Wemap followed Choi's prediction by initiating the ARS program and negotiating with creditors before the decision to initiate rehabilitation.
Attorney Hyojong Choi of LIN are preparing to reflect the opinions of sellers on these platforms to protect creditors' rights throughout the ARS program and subsequent rehabilitation procedures. On August 6, they agreed to jointly respond to the overall ARS procedures in cooperation with Attorney Junseop Shim of SIM Law Firm. Attorney Hyokong Choi served as an external researcher of the ARS System Improvement TF of the Seoul Bankruptcy Court and is currently a corporate bankruptcy trustee of the same court. He has experience in a number of recent major corporate rehabilitation cases, including those of ISTA Airlines, Ssangyong Motors, and Mesh Korea, and has expertise in the entire corporate rehabilitation proceedings, including the ARS process.
The Legal Response Center for Creditors Affected by TMAP Incident will provide detailed advisory services on how to protect creditors, including small business owners associated with TMON and Wemap, based on LIN's extensive experience in responding to rehabilitation proceedings on the side of the creditors. In the early stages of the ARS process, the center is recruiting sellers to deliver their opinions to the 'Rehabilitation Proceedings Council' scheduled for August 13. Considering the seriousness of the situation as many merchants and consumers have been affected by the incident, participation in the council stage will be free of charge, with minimal fees for future responses. If you need assistance, please fill out the attached form and contact Attorneys Hyojong Choi (hjchoi@law-lin.com).
Recruitment of Affected Seller Clients▼
https://docs.google.com/forms/d/19tW3Bnz4_Bef5vZDcrYONXMR4d2i7Mcn3CF3HkzIyks/edit
Please see below for related articles.
BLOTER & Herald Business
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https://n.news.naver.com/article/293/0000057019
https://biz.heraldcorp.com/article/3447872
Attorney Seung Bok Na of LIN, published “50 Golf Course Incidents You Might Encounter” (Pakyoungsa)
On September 5, 2024, Attorney Seung Bok Na published a book entitled “50 Golf Course Incidents You May Encounter (subtitle: Law and Wisdom explained by a Lawyer Who Is Serious About Golf).”
Na has been involved with golf-related organizations as an auditor of the Korea Golf Industry Association, and he often participates in discussions at golf-related seminars, including the National Assembly Seminar (Dec. 19, 2023), or delivers lectures on “Golf and Law” or “Golf and Management” at CEO courses or associations. Throughout these engagements, he has developed a keen interest and passion for golf course-related cases (civil, criminal, disciplinary, licensing and permits, M&A, compliance, etc.).
From more than 400 golf-related cases and articles, he has selected noteworthy golf course-related cases (civil, criminal, disciplinary) that are likely to be of interest to golf industry stakeholders and summarized them in 1,000 words or less for easy access, and sprinkled them with classic quotes to capture the wisdom of incident prevention.
Na also included unique cases to capture the joy of the game and the human limitations of golfers, and added outrageous accidents to raise awareness of the seriousness of golf course-related accidents and combat safety apathy.
With the encouragement and support of golf industry figures, including Hyung-mo Kang, President of the Korea Golf Association (representing Yuseong CC), who wrote the book’s recommendation,, Na plans to expand his golf course-related legal practice through close exchanges and cooperation in the future.
For the original article, please refer to the links below. Thank you.
Chosun Ilbo
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https://www.chosun.com/culture-life/book/2024/09/21/MDETAZX4DFFURGOLZUHIEVFPBM/?utm_source=naver&utm_medium=referral&utm_campaign=naver-news
jtbc golf
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http://jtbcgolf.joins.com/news/news_view.asp?ns1=45589
