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Shin & Kim

23TH FLOOR, D-TOWER (D2), 17 JONGNO 3-GIL, JONGNO-GU, SEOUL 03155, SOUTH KOREA

Tel:: Work +82 2 316 4114
Fax:: Fax +82 2 756 6226

Email:

Web:: www.shinkim.com

Beijing, Seoul, Shanghai

Yong-Ho Moon

Tel:: Work +82 2 316 4661
Email:

Profile
Lawyer Rankings

Work Department

Litigation.

Position

Partner.

Career

Shin & Kim (2007-Present); Presiding Judge, Patent Court of Korea (2006); Presiding Judge, Seoul Eastern District Court (2004-2005); Professor, Judicial Research & Training Institute of the Supreme Court of Korea (2001-2003); Chief Judge, Jecheon Branch of Cheongju District Court (2000); Judge, Seoul High Court (1997-1999); Judge, Administrative Bureau of Supreme Court of Korea (1995-1996); Judge, Northern, Western Branch of Seoul District Court (1991-1994); Judge, Jeonju District Court (1989-1990); Judge, Seoul District Court (1985-1988).

Languages

Korean, English and Japanese.

Member

Korean and Seoul Bar Associations.

Education

University of Michigan Law School (LL.M., 1994); Judicial Research & Training Institute, Supreme Court of Korea (1982-1984); Seoul National University, College of Law (LL.B., 1983).

South Korea: Intellectual property

Intellectual property – Local firms

Within: Intellectual property – Local firms

Shin & Kim has successfully represented Korean pharmaceutical companies including Chong Kun Dang Pharmaceutical and PMG Pharm in several significant patent disputes; the practice also advises clients in the food and drink, cosmetics, tech and financial sectors. Recent highlights include Ghyo-Sun Park and Bo Kyung Lim acting for Chong Kun Dang Pharmaceutical Corporation in the successful reversal of a Trial and Appeals Board's decision, enabling their client to launch a generic drug. Lim also successfully represented Oilily World and Lady M Confections in a licensing and trade mark infringement case. Commercial litigators Yong-Ho Moon and Yoon Hee Kim are experienced in handling trade mark disputes, while Sang-Hyeok Im is recommended for media and copyright-related matters.

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Legal Developments by:
Shin & Kim

Essilor’s Proposed Combination with an Optical Lens Maker in Korea is Blocked

In its press release on March 17, 2014, the Korea Fair Trade Commission (the "KFTC") blocked the proposed acquisition of 50% shares by Essilor Amera Investment Pte. Ltd. (a subsidiary of Essilor International S.A., the largest optical lens maker in the world) in Daemyung Optical Co., Ltd. (the second largest optical lens maker in Korea) citing inter alia the likely lessening effect on price competition and the probable future abuses of the enhanced market power. On top of the expressed competitive concerns, the KFTC observed that allowing foreign firms to acquire local firms and turn them into their local sub-contractors worsens the competitive market structure of the domestic optical lens industry.

- Shin & Kim

Legal Developments in South Korea

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Greater Reforms for Promoting Work-Life Balance – Changes to the Gender Equal Employment and More

Greater Reforms for Promoting Work-Life Balance – Changes to the Gender Equal Employment and Work-Life Balance Support Act

- Lee & Ko
Korea strengthens protection of national core technology and industrial technology

Korea strengthens protection of national core technology and industrial technology (Amendment of the Prevention of Divulgence and Protection of Industrial Technology Act)

- Lee & Ko
Lee & Ko successfully represents Big Hit Entertainment against unauthorized use of BTS’ photos

Lee & Ko, on behalf of Big Hit Entertainment (“Big Hit”), obtained the first-ever decision in Korea to recognize the entertainment companies’ right to independently request for injunction against those who free-ride on the customer attractiveness that is based off of popularity and fame of the artists managed by the companies. This landmark decision is expected to serve as an important pedestal in protecting the legitimate interest of entertainment companies (domestic as well as international) that manage famous artists and entertainers and remain vulnerable to unfair competition of free-riders.

- Lee & Ko
First- Ever Decision by the Supreme Court of Korea ...

First- Ever Decision by the Supreme Court of Korea to Find Copyright Infringement in the Selection, Arrangement or Combination of Game Elements

- Lee & Ko
Key International Tax Law Amendments in the Draft 2019 Tax Revision Bill

On July 25, 2019, the Ministry of Economy and Finance publicly released the 2019 draft Tax Revision Bill (the “Draft Bill”). The Draft Bill is expected to be sent to the National Assembly on September 3, 2019 for deliberation and adoption.

- Lee & Ko
Russian Court’s Judgment Recognized for Enforcement in Korea

Recently, based on the premise that requirements for “mutual guarantee” or “reciprocity” in relation to the recognition and enforcement of foreign judgments can be allowed between Russia and Korea, a District Court of Korea rendered its decision which allowed a judgment concluded by a Russian court to be enforceable in Korea (see Changwon District Court, Decision 2018Gahap51099 held on January 17, 2019).

- Lee & Ko
Korean National Assembly Passes “Blind Hiring” Bill to Reform Hiring Culture

Recently, the National Assembly of Korea passed legislative amendments to the Fair Recruitment Procedure Act (“FRPA ”) as part of the reform efforts to address the country’s recruitment culture. The latest amendment – dubbed the “blind hiring” bill – expands the FRPA to prohibit any type of recruitment irregularities (e.g., improper solicitation, coercion, pressure) and, more importantly, bars employers from asking jobseekers to provide any information unrelated to the position and the applicant’s merit. The amended FRPA will go into effect starting July 17, 2019.

- Lee & Ko

Korean Financial Supervisory Service Mandating Disclosure of Transaction Documents When Filing Repor

Korean Financial Supervisory Service Mandating Disclosure of Transaction Documents When Filing Report on Material Facts

- Lee & Ko

Successful Challenges to Korean Health Insurance Regulator’s 13-Year Old System...

Successful Challenges to Korean Health Insurance Regulator’s 13-Year Old System of Automatic Reduction of Original Drug Price

- Lee & Ko

Korean Supreme Court Confirms Licensee’s Standing to Challenge Patent Validity

On February 21, 2019, the Supreme Court of Korea issued an en banc decision overruling its prior precedents on the issue of whether a licensee who is continuing to make royalty payments under an existing license agreement nevertheless has standing to challenge the validity of the licensed patent. In short, the Korean Supreme Court held that absent special circumstance, a patent licensee is an “interested party” eligible for challenging the validity of a licensed patent, despite the lack of any threat or potential threat posed by the patent holder against the licensee’s right to use the patented invention. (Supreme Court En Banc Decision No. 2017Hu2819).

- Lee & Ko

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