|
|
PROFESSIONALS
Recent News
-
Media[Edaily] Attorney Young-hoon Kim of LIN LLC – Creating Meaningful Precedents for Those Standing Alone Against Public Power▲ Young-hoon Kim, Attorney at LIN LLC Attorney Young-hoon Kim, a partner at LIN LLC, joined the firm this past February after taking voluntary retirement from the judiciary. Kim began his legal career in 2001 as an army judge advocate, and was appointed as a judge in 2004. He is a distinguished former member of the elite judiciary, having served in key positions such as Research Commissioner at the Supreme Court, Director of General Personnel Affairs at the National Court Administration, and Judge at the Seoul High Court. Regarding his decision to join LIN rather than a conventional big law firm, Kim explained: “I discerned infinite potential in its rapid growth and its young, dynamic organization.” He added, “Fueled by its rapid growth, LIN is a unique firm where dynamic partners in their 40s and 50s lead the way, seamlessly integrating both advisory and litigation services. I want to take on a broader role that encompasses advisory services, leveraging my judicial experience to proactively design strategies for pre-emptive risk management..” Throughout his judicial tenure, Kim strived to establish meaningful new precedents rather than opting for conventional or "safe" rulings. While serving at the Gwangju High Court, he rendered a courageous ruling in a lawsuit regarding the law school interview of a Seventh-day Adventist student, respecting choices made according to religious faith.He emphasized: “The measure of the rule of law begins with consideration for minorities.” In criminal cases, Attorney Kim has consistently prioritized the right to defense and the principle of due process. He stated: “Confessions or indictments derived from mobile phones voluntarily submitted without a warrant are frequent occurrences. In particular, suspects with little social experience can easily fall victim to such situations, which is why more meticulous institutional safeguards are necessary.” Recently, Attorney Young-hoon Kim identified Artificial Intelligence (AI) as a pivotal issue in the legal market. He stated that AI technology has evolved beyond being a mere subject of interest and is now directly linked to the survival of legal professionals, emphasizing the urgent need for legal services that are backed by in-depth analytical and interpretative capabilities. In response, LIN has launched task forces and specialized teams to proacticely address the demands of emerging sectors, such as Commercial Act amendment, energy, and the healthcare industry. "Drawing on his broad experience in criminal, civil, family, administrative, and warrant cases, Kim expressed his ambition to move beyond the inertia of simply applying existing precedents and instead focus on establishing new legal interpretations and precedents.” He noted, “I have the experience of having my interpretation, which differed from existing precedents, upheld by the Supreme Court in a case involving the recovery of premiums (Gwonrigeum) under the Commercial Building Lease Protection Act.” He added, “Rather than conservatively following past rulings, I will present new standards through creative legal reasoning.” For further details, please refer to the original article below. Original article: Edaily https://www.edaily.co.kr/News/Read?newsId=01699046642235504&mediaCodeNo=2572026.01.05
-
MediaAttorney Byung-hwa Lee of LIN LLC:Divorce Cooling-Off Period – Why a Separation without Haste Is More Beautiful [Attorney Byung-hwa Lee’s Law on Farewells and Those Left Behind]▲ Attorney Byung-hwa Lee, LIN LLC ■ The First Step in an Uncontested Divorce An uncontested divorce (divorce by mutual agreement under the Civil Act), as the name implies, is a relatively straightforward procedure that proceeds if the couple agrees on the intent and conditions of the divorce. It allows the couple to formalize the end of their marital relationship in a short time at a lower cost without the need for a legal battle in court as in the case of litigation. The process begins with the couple submitting an application for confirmation of mutual consent to divorce to the court. The court then provides guidance on the divorce process, and recommends counseling with a professional counselor if needed. Subsequently, the court grants a cooling-off period to determine whether the couple truly desires a divorce. ■ The Meaning and Duration of the Cooling-Off Period The cooling-off period prevents couples from deciding on divorce based on temporary emotions or impulses, allowing them sufficient time to contemplate practical matters. Introduced through the 2007 amendment to the Civil Act, the system allows the couple to calm their emotions and pre-plan the practicalities of their post-divorce lives, including property division, child custody, and housing issues. The duration of the cooling-off period varies depending on whether the couple has children. If there are minor children (including an unborn child), the period is three months. If there are no children or only adult children, the period is one month. However, in cases involving domestic violence or urgent circumstances, couples may apply to the court to waive or shorten the period by submitting a written statement of reasons. ■ Confirmation of Intent, Agreement on Child Custody, and Registration Once the cooling-off period ends, the couple must appear before the court again to receive a final confirmation of their intent to divorce. Especially when there are minor children, they must submit an agreement on child custody and the designation of parental rights holders, or a certified copy of a Family Court judgment. Such agreement must comprehensively address core matters affecting the child’s life, such as designating the custodial parent, determining child support obligations, and establishing visitation rights, which serve as a legal safeguard that the child's welfare. Based on this agreement, the court prepares a "Record of Child Support Obligations," which can be used as a basis for compulsory execution (enforcement) should child support payments not be made in the future. Once the court grants confirmation of mutual consent, the divorce becomes legally effective only upon filingthe divorce registration with an attached certified copy thereof. This registration can be completed by either spouse independently and must be finalized within three months. Notably, the intent to divorce can be withdrawn at any time prior to this filing. In other words, until the very last moment of finalizing the divorce, the door to reconciliation remains open. ■ In Conclusion – Preparing for a New Beginning Beyond Goodbye Divorce is not the end, but a new departure. To ensure that this departure is not followed by regret, the choices made must be well-prepared. An uncontested divorce is a system meant to help the parties involved organize their lives in a responsible manner. The cooling-off period is at the heart of this system. The cooling-off period is not meant to bring the marital relationship to a halt, but to offer a short pause to reflect on whether reconciliation is possible. Even if the couple ultimately chooses separation, if they can settle their emotions, reshape their children’s lives, and thoughtfully design their own future through this period, the wait is never in vain. A separation that is not rushed can become the beginning of a more mature life. For further details, please refer to the original article below. Original article: Today News https://www.ntoday.kr/news/articleView.html?idxno=1175512026.01.05
-
Media[Impact of the Commercial Act Amendment] Interview with Attorney Ji-ho Kim: Expanded Directors’ Duty of Loyalty – High Hopes for Shareholder Protection Amid Remaining ChallengesThe amendment to the Commercial Act expanding the scope of directors’ duty of loyalty to include shareholders in addition to the company has recently passed the National Assembly. The legal community is responding with both welcome and concern. While expectations are high for the law to enhance legal protection of shareholder interests, there are concurrent concerns regarding a potential surge in litigation seeking to hold directirs liable for alleged breaches of duty. For this reason, experts emphasize the need for companies to strengthen their decision-making processes and ensure they are objective and well-documented. One of the core elements of the Commercial Act amendment passed on the 3rd is the revision of Article 382-3 (Directors’ Duty of Loyalty). Previously, this article only required directors to “faithfully perform their duties for the company in accordance with laws and regulations, and the company’s articles of incorporation.” However, the revised article mandates that directors owe a duty of loyalty to shareholders as well. New provisions have been added requiring directors to i) protect the interests of the total shareholders’, and ii) treat the interests of all shareholders fairly in performing their duties. Legal experts evaluate this change positively, noting that it will lead directors to be more cautious in their decision-making and enhance both shareholder and corporate value since the newly imposed duty also requires directors to fairly treat shareholder interests. Observations have also been raised that this shift will exert a positive influence on environmental, social, and governance (ESG) management. Attorney Ji-ho Kim of LIN LLC commented: “Companies are highly likely to introduce institutional mechanisms to fulfill their duty of loyalty—such as director nomination committees and compensation committees—to enhance the board’s independence and transparency. This could improve corporate governance and foster a greater commitment to ESG management aimed at long-term protection of shareholder interests.” She added that if a director’s decision conflicts with the interests of certain shareholders or is deemed to have violated the duty of loyalty, the risk of lawsuits seeking to hold directors legally liable may increase significantly. In particular, regarding criminal liability, the applicability of breach of trust (professional malfeasance) may expand. Kim explained: “Previously, precedents held that directors do not stand in the position of those who manage the affairs of individual shareholders. However, this amendment may categorize directors as fiduciaries , meaning that violations of this duty resulting in shareholders’ loss (such as dilution of share value) is more likely to be recognized as a criminal breach of trust.” As a countermeasure, Attorney Kim suggested enrolling in Directors and Officers (D&O) liability insurance. She advised: “While joining a DOA liability insurance policy that covers damage claims by minority shareholders may serve as a safety net for directors, it is essential to verify whether the exemption clauses are overly broad and whether there are special riders that specifically cover lawsuits filed by such shareholders.” For further details, please refer to the original article below. Original article: Bloter https://www.bloter.net/news/articleView.html?idxno=6402172026.01.05
| Share |
|
