Corporate/M&A

HYUN’s corporate legal services are client oriented, and tailored specifically to our clients’ needs. We always aim to provide custom service, equivalent to having an in-house counsel. With lawyers specialized in diverse areas, we are always well-prepared to counsel clients in the most efficient and effective manner, no matter what legal issues our clients are facing in their business. Co-operation between teams of tax, corporate, intellectual property and labor practitioners provide an interdisciplinary and cohesive approach that ensures that our clients receive high quality and cost effective one stop legal services.

Corporate activities may be categorized into the areas of operation, investment, and financing. At HYUN, we have already attained a good reputation in the fields of investment and financing. The same applies to our clients’ operation activities. Our clients span a wide range of industries including manufacturing, construction, finance, information technology, education and health care. Our rich experience in such diverse industries has enabled us to gain an accurate understanding of the applicable laws and regulations, allowing us to provide the best legal advice to our clients in any situation.

Corporate/M&A

   M&A/Investment

HYUN has experienced almost every type of M&A transaction, including mergers, business/asset transfers, friendly/hostile takeovers and backdoor listings, as well as buyouts and minority investments. We handle investment transactions in diverse forms such as common shares, RCPS, CB, BW or EB in order to serve our clients’ best interests.

HYUN has consistently ranked among the top 10 law firms in Korea in the M&A league tables announced by Bloomberg and Mergermarket. However, we are more proud to enjoy a good reputation among our clients, and we are fully committed to gaining and accurate understanding of their transaction goals to provide optimal achievement

Corporate/M&A

   PEF

HYUN has provided advice on various domestic and international funds, including private equity funds, hedge funds, real estate funds, fund-of-funds and alternative investment funds. Our legal services cover from fund formation and registration to legal or regulatory advice on investment or asset management of the fund, and even fund liquidation.

Legal counseling on funds may be focused more on the areas of M&A/investment, financing or asset management, or tax, depending on the fund’s characteristic or stage of progress. At HYUN, we have a cohesive team of lawyers with expertise in each relevant area of practice to provide comprehensive coverage of all of our clients’ needs.

Finance

HYUN has attained an excellent track record in the finance field. Excluding the rare corporations which can conduct businesses solely with their own capital, most corporations are in continuous need of financing for business operation. Our lawyers have in-depth knowledge and experience, satisfying the needs of both financial institutions and corporate borrowers.

At HYUN, we actively assist financial institutions and corporations, rather than passively performing the works assigned by our clients. We have assisted in setting up a stable structure of financing with financial institutions, as well as in introducing appropriate financial institutions to various corporations. Upon request, we have also assisted financial institutions in arranging syndicated loans in a considerable number of deals, which have been recognized as leading cases in the industry.

Finance

   Project Financing (**Same as above!)

HYUN has attained an excellent track record in the finance field. Excluding the rare corporations which can conduct businesses solely with their own capital, most corporations are in continuous need of financing for business operation. Our lawyers have in-depth knowledge and experience, satisfying the needs of both financial institutions and corporate borrowers.

At HYUN, we actively assist financial institutions and corporations, rather than passively performing the works assigned by our clients. We have assisted in setting up a stable structure of financing with financial institutions, as well as in introducing appropriate financial institutions to various corporations. Upon request, we have also assisted financial institutions in arranging syndicated loans in a considerable number of deals, which have been recognized as leading cases in the industry.

Finance

   Structured Finance (**Same as above!)

HYUN has attained an excellent track record in the finance field. Excluding the rare corporations which can conduct businesses solely with their own capital, most corporations are in continuous need of financing for business operation. Our lawyers have in-depth knowledge and experience, satisfying the needs of both financial institutions and corporate borrowers.

At HYUN, we actively assist financial institutions and corporations, rather than passively performing the works assigned by our clients. We have assisted in setting up a stable structure of financing with financial institutions, as well as in introducing appropriate financial institutions to various corporations. Upon request, we have also assisted financial institutions in arranging syndicated loans in a considerable number of deals, which have been recognized as leading cases in the industry.

Finance

   NPL (**Same as above!)

HYUN has attained an excellent track record in the finance field. Excluding the rare corporations which can conduct businesses solely with their own capital, most corporations are in continuous need of financing for business operation. Our lawyers have in-depth knowledge and experience, satisfying the needs of both financial institutions and corporate borrowers.

At HYUN, we actively assist financial institutions and corporations, rather than passively performing the works assigned by our clients. We have assisted in setting up a stable structure of financing with financial institutions, as well as in introducing appropriate financial institutions to various corporations. Upon request, we have also assisted financial institutions in arranging syndicated loans in a considerable number of deals, which have been recognized as leading cases in the industry.

Finance

   Acquisition Financing

Acquisition financing is sometimes referred to as the area where M&A meets finance. It requires comprehensive knowledge and experience in both finance and corporate law. In-depth tax review is also necessary for the accurate achievement of clients’ investment/financing objectives.

At HYUN, we have dealt with various transactions related to acquisition financing. Our philosophy is to set up the optimal transaction structure to best achieve our clients’ goals, provide precise analysis of the legal risks involved, conduct negotiations with the other party, and execute the transaction in pursuit of successful closing.

Finance

   Asset Management

HYUN lawyers have experience advising clients regarding various types of asset management, both domestic and international. In response to the increasing demand for legal advice from collective investment business entities, our legal services are tailored to cover all areas from fund formation and registration, to compliance and investment, and even liquidation.

Finance

   OTC Derivatives

HYUN has wide experience representing many financial institutions in diverse ISDA negotiations and documentations. We also represented a leading Korean financial institution in its negotiations with Lehman Brothers entities over the Settlement on Early Termination with respect to ISDA-based OTC derivates transactions resulting from Lehman Brothers’ bankruptcy.

We fully support our clients by providing advice on the structuring of derivative products and on regulatory compliance, as well as by representing our clients in obtaining regulatory approvals.

Finance

   IPO / Special IPO

HYUN provides legal advice on IPO transactions, both domestic and overseas. Our advice covers from typical IPO to special listings (such as backdoor listing or mergers with SPAC). Hyun has also represented a Korean company in its listing on the Toronto Stock Exchange through reverse takeover, which was the first-ever case in Korea.

Intellectual Property

HYUN’s IP team is unique and specialized. All team members hold patent attorney licenses, and our extensive practice experience makes us no less competitive than big law firms. With considerable know-how in technology/culture related industries and international disputes, Hyun provides differentiated and fast one-stop legal services to our clients, which include a wide range of domestic conglomerates, small and mid-sized companies, and foreign corporations.

Intellectual Property

   IP Litigation / Consulting

HYUN provides a broad array of legal services for civil, criminal and administrative disputes in relation to IP rights such as patents, trademarks, copyrights and trade secrets. We represent clients in diverse industries, spanning the areas of electronics, software, machinery, chemistry, bio, energy, finance and contents, and are representing both foreign and domestic companies in international disputes. We have also actively provided legal consulting services related to IP, such as review of IP agreements (licenses and R&D), IP due diligence application and analysis.

Intellectual Property

   Litigation / Consulting on Technology, Culture and Trade Industry

HYUN provides high quality legal services in litigation and consulting on technology, culture and trade issues, by gaining an accurate understanding of our clients’ industry and business. Our wide spectrum of legal consulting service includes, among others, experience in the following:
  • Product liability claims related to product defects;
  • Distribution and investment related to the game industry;
  • Unfair trade filings due to problems in the agency agreement between domestic companies and overseas corporations;
  • Establishment and operation of research companies by and between private companies and public institutions;
  • Technology transfer from universities to private companies; and
  • Contract agreements for famous models and education franchises.

Tax

HYUN’s tax team is comprised of lawyers and accountants who have obtained professional experience in diverse tax issues at large law and accounting firms. We pride ourselves on providing the best answer possible to comprehensively solve tax issues by first having an accurate understanding of our clients’ needs. Our strict confidentiality policy and ability to sufficiently pinpoint the details surrounding client issues allows us to provide client-oriented top-class tax consulting services.

Tax

   Tax Litigation

HYUN’s tax team offers a full range of tax dispute resolution services. In addition to tax litigations, including tax administrative trials (review of legality before taxation, appeal, request for examination at the Board of Audit and Inspection, request for trial at Tax Tribunal, etc.), our services cover civil tax litigation (claim for refund), constitutional tax litigation, and other committee proceedings related to the imposition of taxes or administrative charges (i.e. civil petitions for grievance at the tax office, civil petitions for grievance at the Anti-Corruption and Civil Rights Commission).

HYUN has successfully resolved tax disputes for almost every type of tax, including corporate tax, individual income tax, inheritance & gift tax, local tax, value added tax, international tax, customs, security transaction tax and stamp duty. We provide a one-stop solution to fundamentally resolve any tax dispute, from objection to imposition to refund of tax payment, based on our diverse practice experience and our wide network within the Tax and Customs Office at the Ministry of Strategy and Finance and National Assembly Research Service, which commence tax legislation, and within the Supreme Court, which makes the final authoritative interpretation of tax laws.

Tax

   Tax Consulting / Estate Planning

In addition to the provision of general tax consulting services regarding tax issues faced in business, issues regarding the authoritative interpretation from the National Tax Service, Korea Customs Service, or Ministry of Strategy and Finance, and legal opinions for response to tax audits, HYUN also offers specialized professional tax consulting services, such as tax planning under M&A or restructuring conditions, international tax review for international transactions, overseas investments or joint ventures, and tax consulting on financing for large-scale real estate transactions and structured transactions.

In consideration of individual needs, we provide diverse alternatives to offer the best solution on a broad array of tax issues including family business succession, gift or inherence tax audit, tax issues caused by various security transactions, which may be a serious burden to individuals, the recently surfacing comprehensive gift issue, and tax issues caused by family disputes such as divorce or inheritance. Based on our practice experience in the U.S. and by keeping on top of updating our information, we quickly provide accurate answers in response to the increasing inquiries about individual international tax issues related to gift and inherence, tax residency, and FBAR (Form TD F 90-22.1) or FATCA (Form 8938) under the enhanced U.S. policy.

Litigation / Dispute Resolution

HYUN’s litigation and dispute resolution team is comprised of former judges and attorneys from top firms, with expertise in the following areas:
  • Banking and finance
  • Real estate and construction
  • Corporate governance and M&A
  • Administrative and public law
  • Labor and employment
  • Restructuring and insolvency
  • Family Act matters
  • Criminal Act matters
  • Civil Act matters

Criminal

HYUN provides professional and comprehensive legal services at every step of the way in criminal cases, from early investigation to trial. At the investigation stage, we provide close-range support for our clients and assist in starting off the criminal case in the best way possible by consideration of the most wise and effective action. At the trial stage, we provide active and elaborate defense to achieve the best outcome. HYUN always strives to communicate with clients to be a supportive partner that solves client difficulties together.

Criminal

   Defense for Suspect/the Accused/Criminal Defendant

HYUN’s wide experience includes, but is not limited to, defense in the following situations
  • Bribery received by a public servant
  • Defrauding of a research fund by a university professor
  • Violation of the Act on the Budgeting and Management of Subsidies by a mid-sized firm
  • Infringement of business secrets by a medical device producer
  • Internal investigation of a specialty construction company regarding suspicion of tax evasion
  • Accusation of violation of Punishment of Tax Evaders Act by a computer and peripherals distribution company
  • Accusation of Violation of the Medical Service Act by an online marketing company
  • Bankruptcy-related fraud of an automobile part second vendor company
  • Internal investigation of a hospital regarding non-payment item related fraud
  • Violation of special act by a public company
  • Internal investigation related to a dispute between a developer and constructor
  • Internal investigation related to the origin marking of Korean beef by the operator of a Korean beef outlet

Criminal

   Representing Victim, Petition/Accusation

HYUN’s wide range of experience includes, but is not limited to, accusations in the following situations:
  • Theft by the partner of a distribution company
  • Organized defamation of a former high ranking public official
  • Professional malpractice against executives of a mid-sized construction company
  • Accusation against a public company for violation of the Financial Investment Services and Capital Markets Act related to hostile M&A
  • Petition related to the taking of important assets related to the company’s operation without permission by an employee
  • Accusation of defrauding the consulting fee by making a false investment consultation contract

Urban and Residential Environment Improvement Projects

HYUN has exceptional expertise in urban redevelopment, reconstruction, and environmental renewal projects.

Urban rearrangement projects take on a high risk of unexpected problems resulting from huge investments, long-term and complicated procedures, with the strong possibility of disputes over each project among the participants concerned. Hence, clients should be provided with the effective legal services by specialists with deeper understanding and profound expertise.

HYUN provides prompt and precise legal services with experienced and competent attorneys and staff who can solve legal problems and disputes over urban maintenance projects, offering all kinds of legal services and consultations on reconstruction, redevelopment, urban environmental improvement projects, market remodeling or renewal projects, small-scale housing reconstruction projects, and local housing association projects.

Urban and Residential Environment Improvement Projects

   General Consulting upon the “Act on the Improvement of Urban Areas and Residential Environments”

Improvement projects indispensably demand expertise at each stage as project implementers, who are in short of knowledge and information of the projects, have difficulties in operating them smoothly. HYUN can prevent legal risks in each stage of project procedures by providing accurate consultancy services for legal disputes, and play a crucial role in the quick and seamless working of the improvement projects with a wealth of experience.

Urban and Residential Environment Improvement Projects

   Reconstruction

Reconstruction projects, although having better regeneration infrastructures than redevelopment projects, are projects for the residential environment improvement of the dense areas with old buildings and defective constructions. HYUN is highly skillful at preparing legal troubles which may occur at every reconstruction stage, minimizing the conflicts, and offering satisfying solutions to legal disputes between project implementers and members of associations or cash liquidators.

Urban and Residential Environment Improvement Projects

   Redevelopment

Redevelopment projects are urban planning projects for solving urban problems caused by excessive urban concentration of population and businesses, old and defective constructions, and shortage of public facilities, promoting urban balanced development and public welfare for all. HYUN is well-versed in the provisions of the law such as the ″Act on the Improvement of Urban Areas and Residential Environments″ and the ″Act on Acquisition of and Compensation for Land, etc. for Public Works Projects″ which can be applied to the redevelopment projects, and plays a leading role in establishing new judicial precedents, while offering efficient legal service of the highest quality for prompt consultation and successful disputes settlement based on the our own expertise accumulated for a long time and our own methods.

Urban and Residential Environment Improvement Projects

   Urban Environmental Improvement Project

The urban Environmental Improvement Project is for the betterment of urban environment in the areas which demand effective land-use, urban rehabilitation, and commercial vitalization. The project can be divided into two parts, the urban renewal project and the factory redevelopment project and HYUN has expertise in each part with accurate understanding of each project.

Urban and Residential Environment Improvement Projects

   Small-Scale Housing Reconstruction

Small-scale housing reconstruction is for the reconstruction of small-scale houses in the areas with well-equipped maintenance infrastructures. It is subject to the ″Special Act on the Maintenance and Improvement of Empty Houses and Small-scale Houses.″ Considering each project’s characteristic, HYUN offers proper and prompt legal service the client needs with step by step procedures.

Urban and Residential Environment Improvement Projects

   Marketplaces Maintenance and Improvement Projects

HYUN also retains many skilled professionals for the marketplaces maintenance and improvement projects which tend to maintain and improve marketplaces and are subject to the ″Special Act on the Development of Traditional Markets and Shopping Districts″ and the ″Act on the Improvement of Urban Areas and Residential Environments″ for prompting modernization of marketplaces by organizing commercial infrastructures and maintenance infrastructures.

Urban and Residential Environment Improvement Projects

   Administrative Litigation

HYUN has shown outstanding performance in the lawsuits over defects from the execution of reconstruction and redevelopment maintenance projects; lawsuits against mayors and the heads of Gu district offices to identify illegality of the administrative disposition such as the permission of union establishment, project implement plans, and management and disposition plans; lawsuits for defects and illegality of the unions’ project implement plans and management and disposition plans; administrative litigations including a claim for loss compensation such as confirmation of union membership status and relocation expenses.

Urban and Residential Environment Improvement Projects

   Civil Action (Claim for Sales, Cash Liquidation, Trust Registration)

HYUN provides the best legal service not only by settling the disputes in advance that may occur in unions by filing lawsuits against members who do not agree to the establishment of unions or who do not apply for the ownership by means of claims for sales, cash liquidation, and trust registration, but also by entering lawsuits against every possible legal issues in the unions’ project implement including litigation for refund of loan with constructors and litigation for payment with maintenance project managers.

Urban and Residential Environment Improvement Projects

   Eviction Suit (Provisional Disposition of Occupation, Provisional Disposition of Eviction)

HYUN’s almost 30 skillful and experienced attorneys have considerably shortened the construction period of urban maintenance projects by obtaining speedy convictions in the lawsuits of integrity such as provisional disposition of occupation and lawsuits of integrity of eviction, and in eviction suit as lawsuits on the merits. They have also produced remarkable legal accomplishments for the union members in constant and frequent cooperation with unions.

Russia, CIS [Uzbekistan, Turkmenistan]

Young lawyers who excel in their work in various fields have come together under the belief that, "If I were a client, I would work with this law firm," and launched the Russia & CIS Team. This team, formed under the conviction of a new vision for the future, began its journey in January 2020. In pursuit of exploring a new vision for the future, the team aimed to be the center of independent states (nations), actively engaged in exchanges with South Korea.

The team established a collaborative structure under the HYUN brand, entering into a business partnership with a local law firm in Moscow, the capital of Russia, in January 2020. With over 200 South Korean companies currently operating in Russia and other CIS countries, there is a demand to meet the needs of Korean and local experts. Therefore, the Moscow branch of the law firm has built a collaborative system with specialized attorneys in various fields such as corporate law, business consulting (M&A, investment, private equity funds), finance (project finance, structured finance, non-performing loans, asset management, etc.), urban development projects (reconstruction, redevelopment), intellectual property rights (technology, culture, trade), tax, and more.

The local expert group, including attorneys Jeonga Yang and Adam Choi in Russia, boasts high expertise in the fields of law, taxation, accounting, investment, and labor based on practical experience accumulated over the years since 2008.

They guide clients through issues that are regulated differently from those in Korea, influenced by the Soviet era, with ease and simplicity. The key to providing optimal service quality to South Korean companies lies in the extensive human network and know-how accumulated through long-term experience and practical experience in relevant agencies.

Russia, CIS [Uzbekistan, Turkmenistan]

   Area of Expertise

  • Foreign investment regulation related due diligence and analysis
  • Intellectual property (patent, trade secret, personal information protection) including technology transfer and license contract
  • Construction, plant, infrastructure, nuclear power, resource development, health and medicine, transportation, logistics, ICT, SOC related consulting
  • One stop service for establishment, investment, management, and liquidation of local corporate body, branch, liaison office
  • Research and analysis of legislation and various regulations
  • Proxy for Government report process
    • 1) Real estate acquisition and development
    • 2) Project bidding and financing (ordering organization, subcontracting)
    • 3) Tax account reporting
    • 4) Licensing regulation and market condition analysis
  • Contract and consulting related to foreign direct investment of Korean corporation
    • 1) Foreign exchange, taxation, duty, and corporate risk preparation
    • 2) Reconstruction, redevelopment
    • 3) Local company acquisition and corporate merger support
    • 4) Corporate compliance – corruption prevention and compliance management
    • 5) Joint venture and alliance
    • 6) Local hiring and HR, labor issue response
    • 7) International lawsuit representation and dispute settlement support (civil, criminal)
  • International loan, securities related consulting (Introducing appropriate financial institution based on client’s situation)
  • Korea-Russia, Korea-Uzbekistan regional cooperation support
  • Russia, Uzbekistan, Turkmenistan policy related consulting
  • In-Bound Service (Russian, Uzbek, Turkmen company entry to Korean market support)

Notarization

Efficacy of notarization

Prevention of dispute, powerful competence of evidence, presumption of true document, alleviating risk of loss, swift exercise of right (Schuldtitel).

Types of notarization

Notary deed
- Notarized promissory note, notarized money loan agreement, Notarized divorce agreement, etc.
   With an execution clause, compulsory execution is possible without trial process
- Notarized testament – transfer of ownership is possible without approval of court
Notarial deed
- Verifies that holder of deed sealed a private document according to their intent, proving true formation
   of the document. (e.g. contract, power of attorney, agreement, confirmation, etc.)
- Copy certification of notarial deed
- Certification of translation, certification of document in foreign language
   ertification of articles of association, minutes of shareholders’ meeting, minutes of board of directors,
   and shareholders’ meeting attendance required for registration.
Fixed date stamp (Certifying date)
Legally certifies that date written on a document is actual date.
Fixed date has notarial effect in determining when the document was created.
- Bond transfer certificate, notice, pledge agreement, etc.

Required documents

When attending in person,
Personal documents: Legal ID and seal
Corporate documents: Legal ID of CEO, corporate seal, corporate seal certificate, and certified copy of corporate register.

When a legal representative is attending,
Power of attorney (sealed with personal or corporate seal), one seal certificate (personal or corporate)

Notarization inquiries:

Direct line 02)3218-8900   FAX 02)3218-8990