LIN NEWS
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LIN NewsLIN LLC Professionals’ External Appointments for Q4 2025The following are recent external appointments of LIN’s professionals. Jin Seok LIM, Managing Partner, Appointed as Legal Advisor to Gyeonggi Housing & Urban Development Corporation Jin Seok LIM, Managing Partner of LIN LLC, was appointed as a legal advisor to the Gyeonggi Housing & Urban Development Corporation on December 1, 2025 (Term: December 1, 2025 – December 31, 2026). The Corporation is a public institution that undertakes various projects to promote regional housing stability, urban development, and the expansion of infrastructure in Gyeonggi Province. During his term as a legal advisor, Lim will provide professional legal advice to ensure the legal soundness, public interest, and reliability of the Corporation’s projects. Attorney Byung Hwa LEE, Appointed as Chair of the In-House Counsel Special Committee of the Korean Bar Association Byung Hwa LEE, Attorney at LIN LLC, was appointed as Chair of the In-House Counsel Special Committee of the Korean Bar Association on September 1, 2025 (Term: September 2025 – September 2027). The Committee was established to strengthen the role and status of legal experts within corporations, while supporting both the development of the in-house counsel system and enhancement of professional excellence of in-house counsel. As Chair, Lee will work diligently to advance policies and systems related to in-house counsel and contribute to the Association’s efforts in supporting in-house counsel and enhancing their professional expertise through fair and efficient operations. Attorney Byung Hwa LEE, Appointed as Tax Law Advisor to the National Tax Service Byung Hwa LEE, Attorney at LIN LLC, was appointed as a tax law advisor to the National Tax Service on September 1, 2025 (Term: September 2025 – August 2027). Tax law advisors provide counsel on legal issues arising from the National Tax Service’s tax administration and support the legality and efficiency of tax policies and law enforcement process. During his term, Lee will contribute to the stable and fair execution of tax administration through reliable and professional legal counsel. Attorney Eung Jun JEON, Appointed as Advisory Member of the National Artificial Intelligence Strategy Committee Eung Jun JEON, Attorney at LIN LLC, was appointed as an advisory member of the National Artificial Intelligence Strategy Committee on November 10, 2025. The Committee consists of experts from various fields and is responsible for establishing AI-related policies and strategies while balancing technological advancement and social safety. As an advisory member, Jeon will provide expert opinions on legal and institutional issues related to AI and contribute to ensuring legal stability and public trust throughout the policy-making process. Attorney Jong Sik KIM, Appointed as Member of the Advisory Committee on Preliminary Feasibility Studies for Public Projects, Ministry of Economy and Finance Jong Sik KIM, Attorney at LIN LLC, was appointed as a member of Advisory Committee on Preliminary Feasibility Studies for Public Projects under the Ministry of Economy and Finance on November 4, 2025 (term: November 4, 2025 – November 3, 2027). Over the next two years, in his capacity as a member of this Committee, Kim will conduct thorough legal reviews regarding the feasibility and appropriateness of various projects pursued by public institutions. He will also provide expert advice to ensure that relevant systems and procedures are managed through rational operations. Furthermore, he will perform in-depth reviews and provide counsel on diverse legal issues that may arise during the implementation of public projects. By offering expert opinions on the interpretation of relevant laws and institutional improvements, he intends to contribute actively to ensuring the sound management of national finances and the transparency of public projects. Attorneys Seung Kwan CHOI, Ji Su CHOI, and Tae Hyun BAE, Appointed as Legal Advisors to Seoul Housing & Urban Development Corporation Seung Kwan CHOI, Ji Su CHOI, and Tae Hyun BAE, Attorneys at LIN LLC, were appointed as legal advisors to the Seoul Housing & Urban Development Corporation on December 5, 2025 (Term: January 1, 2026 – December 31, 2028). During their two-year term, they will provide legal advice on overall major projects related to housing supply and urban development conducted by the Corporation. They intend to comprehensively review legal feasibility and appropriateness of these projects throughout their implementation. Furthermore, they will offer expert opinions on various legal issues, including contracts, permits and approvals, and statutory interpretation related to public projects. By preventing disputes and supporting rational decision-making, they are committed to actively contributing to the stable execution of the Corporation’s projects and the enhancement of its public nature and transparency. Attorney Do Hee KIM, Appointed as Member of the Task Force for Advancement of Accounting Inspection and Sanction Procedures Do Hee KIM, Attorney at LIN LLC, was appointed as a member of the Task Force (TF) for Advancement of Accounting Inspection and Sanction Procedures on November 3, 2025. This dedicated TF was established to modernize accounting inspection procedures—specifically to prevent excessively prolonged inspections and to ensure that the defense rights of those subject to administrative measures are substantially protected during the inquiry stage of the Financial Supervisory Service (FSS). As a member of the TF, Kim will actively assist the organization in developing advancement strategies and establishing concrete measures throughout her term. Attorney Min Gu KANG, Appointed as Member of the 2nd Council for Dispute Mediation between Contractors and Subcontractors Min Gu KANG, Attorney at LIN LLC, was appointed as a member of the 2nd Council for Dispute Mediation between Contractors and Subcontractors on October 28, 2025. The Council was originally established in 2005 under the Korea Foundation for Cooperation of Large & Small Business (currently the Korea Foundation for Cooperation of Large & Small Business, Rural Affairs [KOFCA]) to support voluntary mediation of disputes between contracting and subcontracting companies. Following the amendment and enforcement of the Act on the Promotion of Mutually Beneficial Cooperation between Large Enterprises and Small and Medium Enterprises (“Mutually Beneficial Cooperation Act”), its legal basis has been solidified, and its authority and mediation effectiveness have been strengthened, leading to its reorganization into a specialized mediation body for disputes between contractors and subcontractors. As a member of the Council, Kang is committed to ensuring that the body faithfully performs its function of mediating disputes in a fair and reliable manner during his term. Attorney Min Gu KANG, Reappointed as Legal Advisor and Pro Bono Counseling Attorney for Wonju City Min Gu KANG, Attorney at LIN LLC, was reappointed as a legal advisor and pro bono counseling attorney for Wonju City on November 1, 2025 (Term: November 1, 2025 – October 31, 2027). For the next two years, in his dual capacity, Kang will provide professional and dedicated legal counseling to citizens on matters closely related to their daily lives, including administrative, civil, criminal, and family law issues. Furthermore, by performing comprehensive legal consultations on diverse matters concerning Wonju City, providing statutory interpretations, and faithfully serving as a legal representative when necessary, he will actively support the city’ rational and stable municipal administration. Attorney Sung Su SONG, Appointed as Member of the Safety Management Committee and Reviewer of the Regulatory Review Committee of the Korea Racing Authority Sung Su SONG, Attorney at LIN LLC, was appointed as a member of the Safety Management Committee and a reviewer of the Regulatory Review Committee of the Korea Racing Authority (KRA) on November 19, 2025 (Term: November 19, 2025 – November 18, 2027). The KRA was established to contribute to the development of the livestock industry through fair operation of horse racing and the promotion of the horse industry, while fostering public welfare and facilitating sound use of leisure. the KRA prioritizes “safety” as a core value of its operations and maintains the Safety Management Committee —a key decision-making body composed of internal and external experts—to oversee safety-related matters. During his term as a committee member and reviewer, Song will actively participate in meetings to ensure that various safety initiatives, such as the declaration of safety and health management policies and the enactment of KRA safety rules for preventing serious accidents, are implemented in a smooth manner. Furthermore, he intends to objectively examine the necessity and validity of various regulations and contribute to fair reviews so that regulatory operations can be conducted in a reasonable and accountable manner.2026.01.19.
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News Letter[Mobility Legal Updates] [Issue]The automotive industry is undergoing a simultaneous transformation in both technological structure and regulatory environment, centered on electrification and autonomous driving. As institutional frameworks are being overhauled—not only for the vehicles per se but also for data, software, and operating entities—the scope of compliance required for related business operators is expanding. Entering 2026, the Electric Vehicle (EV) Purchase Subsidy Scheme is being restructured to incentivize the transition from internal combustion engine (ICE) vehicles to EVs. Performance standards and requirements for business operators are also being incrementally strengthened. Meanwhile, at CES 2026, automotive companies presented a vision for the expansion of mobility centered on AI, robotics, and computing technologies, rather than showcasing new vehicle models. Through this newsletter, Mobility Team at LIN LLC aims to examine the relevant regulatory shifts and industry trends by outlining: (i) the key details of the 2026 EV Purchase Subsidy Reform Plan; and (ii) the mobility technology trends identified at CES 2026. 2026 EV Purchase Subsidy Reform Plan New Transition Subsidies, Expansion of Vehicle Categories, and Strengthening of Performance & Operator Requirements The Ministry of Climate, Energy and Environment unveiled the 2026 EV Purchase Subsidy Reform Plan, initiating a 10-day public comment period that began on January 2, 2026. The total budget for 2026 is set at approximately KRW 1,595.4 billion. While maintaining the scale of support from the previous year, the system has been adjusted to accelerate the transition from ICE vehicles to EVs and to strengthen the industrial foundation of the EV sector. The core of this reform lies in: (i) the introduction of 'Transition Subsidies' for replacing existing ICE vehicles with EVs; (ii) the expansion of subsidy eligibility to previously excluded vehicle categories; and (iii) the incremental tightening of performance/price criteria and requirements for participating in the distribution project. The key changes are summarized below: [Summary of Key Changes] Category Details of 2026 Reform Transition Subsidy Additional support of up to KRW 1 million when purchasing an EV after scrapping or selling an ICE vehicle owned for 3+ years (excludes hybrids) New Vehicle Categories Commencement of subsidies for small passenger vans (11–15 seats, <7m), medium electric cargo vehicles (1.5–5t), and heavy electric cargo vehicles (5t or more) Unit Subsidy Unit subsidy amounts for passenger cars, passenger vans, and trucks remain at 2025 levels Performance Criteria Criteria for fast-charging capability, driving range per charge, and battery energy density have been raised Price Criteria New full-subsidy price threshold for small electric cargo vehicles; full-subsidy threshold for passenger cars to be tightened to KRW 50 million starting in 2027 Additional Support Extra incentives for PnC (KRW 100k), V2L (KRW 100k), and vehicles equipped with wheelchair access (KRW 2 million) Operator Requirements Introduction of evaluations for manufacturers and importers regarding business plans, after-sales service, and industrial contribution (Scheduled to take effect in July 2026). Safety Requirements Establishment of a new subsidy requirement to obtain 'EV Fire Safety Insurance' (Effective from July 2026 onwards) Moving beyond simple financial assistance for purchasers, this reform plan is strategically designed to drive vehicle transitions while concurrently raising performance criteria and strengthening operator accountability. Future subsidy calculations and local government announcements can be checked via the Integrated Zero-Emission Vehicle Website (ev.or.kr). Manufacturers, importers, and distributors should proactively review their compliance regarding participation requirements and evaluation criteria. 2026 CES Highlights Automakers Foregoing Physical Vehicle Displays – Shifting from Transportation to AI and Robotics CES (Consumer Electronics Show) 2026 was held in Las Vegas from January 6 to January 9, 2026. As seen in its name, CES was traditionally an electronics-centered exhibition; however, as the mobility industry merges with the ICT sector, mobility companies have now joined as active participants. At CES 2026, Mobility has solidified its status as the definitive destination for AI integration, transcending its previous role as a mere application field. The biggest headline was undoubtedly humanoid robotics. In particular, the humanoid robot 'Atlas,' presented by Hyundai Motor Group via Boston Dynamics, garnered significant attention as it was presented not as a mere research demo, but with a concrete roadmap for actual deployment in industrial sites. Hyundai Motor Group emphasized that robots will transition from being a mere future technology into labor entities that work alongside humans across manufacturing, logistics, and services. This demonstrates that automakers are evolving beyond vehicle manufacturing into AI-based comprehensive mobility and robotics companies. Exhibitions related to mobility at this CES focused on the technological architecture constituting autonomous driving and vehicular AI, rather than exterior vehicle designs or concepts. NVIDIA showcased its SoC for autonomous driving and automotive AI computing platforms, demonstrating how automakers and parts suppliers can implement specific functions based on these platforms. This suggests that the center of competition in autonomous driving is shifting from individual features to AI computational power and software ecosystems. In summary, the mobility exhibitions at CES 2026 focused on explaining how AI, computing, and sensor technologies are being applied to transportation, rather than highlighting the vehicles themselves. Autonomous vehicles, robotaxis, and vehicular AI were presented as a single, integrated technological flow where AI makes decisions, moves, and provides services. *** LIN LLC has extensive experience in providing advisory and litigation services in the mobility industry, particularly in areas such as administrative regulations, and patent and trade secret disputes related to motor vehicles. Our Mobility Team consists of attorneys and experts with a distinctive interest and passion for automobiles. Should you wish to learn more about this newsletter or have any other inquiries, please do not hesitate to contact LIN’s Mobility Team. Tae-Jun Bae tjbae@law-lin.com, +82 10 8237 8123 Min-Gu Kang mgkang@law-lin.com, +82 10 3907 9217 Ho-Yeon Kim hykim@law-lin.com, +82 2 3477 6300 Jeong-Pil Oh jpoh@law-lin.com, +82 2 3477 86952026.01.12.
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NoticeLin Signs MOU with Korea New & Renewable Energy Association (KNREA)Mutual cooperation on new & renewable energy-related projects through legal services in the field of laws and regulations On October 26, Lin signed an MOU with KNREA to promote the development of the domestic new & renewable energy industry. The agreement was signed to provide various legal services to KNREA and its member companies, including information on new & renewable energy-related laws and regulations. Through the agreement, the two parties agreed to cooperate on ▶ improving new & renewable energy-related laws and systems ▶ providing legal advice on new & renewable energy ▶ and training on new & renewable energy. In line with the trend of carbon neutrality, Lin will exert its best to promote the sustainable development of the renewable energy industry, which can replace conventional energy using fossil fuels and nuclear power. For more information, please visit KNREA website below. http://www.knrea.or.kr/bbs/?act=bbs&subAct=view&bid=agreement&page=1&order_type=desc&seq=58282023.11.10.
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Recruitment PersonnelNew RecruitmentsWe are pleased to welcome Jung Bong Lee (Partner), Lance B. Lee (Foreign Legal Consultant - Partner), and Ki Suk Seol (Of Counsel) as new members of our Firm. 1. Jeong Bong Lee, Partner - Incheon Songdo High School(68th) - Yonsei University, Department of Law - Chungnam National University, School of Law - Korean Bar Examination (40th, 1998) - Judicial Research and Training Institute (27th) - University of Vienna – Criminal Justice Institute Visiting Scholar (2008) Past) Incheon District Public Prosecutors’ Office – Prosecutor (2001) Past) Daejeon District Public Prosecutors’ Office, Hongseong Branch – Prosecutor (2003) Past) Incheon District Public Prosecutors’ Office, Bucheon Branch – Prosecutor (2005) Past) Seoul Central District Public Prosecutors’ Office – Prosecutor (2007) Past) Supreme Prosecutors’ Office - Prosecutor Researcher (2007) Past) Busan District Public Prosecutors’ Office – Prosecutor (2013) Past) Financial Intelligence Unit (FIU) - Head of Strategic Analytics (2014) Past) Chuncheon District Public Prosecutors’ Office, Gangneung Branch – Chief Prosecutor (2016) Past) Daegu District Public Prosecutors’ Office, Seobu Branch – Chief Prosecutor, Criminal Division 3 (2017) Past) Seoul Eastern District Public Prosecutors’ Office - Chief Prosecutor, Criminal Division 5 (2018) Past) Seoul Southern District Public Prosecutors’ Office - Chief Prosecutor, Criminal Division 2 (2019) Past) Supreme Prosecutors’ Office – Human Rights Policy Officer (2020) Past) Gwangju District Public Prosecutors’ Office – Human Rights Protection Officer (2021) Past) Chuncheon District Public Prosecutors’ Office – Chief of Wonju Branch (2022) Past) Seoul High Prosecutors’ Office (Daegu District Public Prosecutors’ Office, Secondment(2023), Voluntary Resignation) Current) LIN Since his appointment as a prosecutor in 2001, Mr. Lee has served as a prosecutor at the Seoul Central District Prosecutors' Office, a researcher at the Supreme Prosecutors' Office, a prosecutor at the Busan District Prosecutors' Office, a secondee at the Financial Intelligence Unit (FIU), a deputy prosecutor at the Seoul Eastern and Southern District Prosecutors' Offices, and a human rights policy officer at the Supreme Prosecutors' Office, before finally retiring in 2023 as the Chief Prosecutor of the Wonju District Prosecutors' Office. During his 22 years and 8 months as a prosecutor, he discharged a wide range of cases, including intellectual property infringement, technology theft and unfair competition, medical malpractice, sexual assault, finance, taxation, homicide, special crime, public security, and human rights policy (due process compliance in investigations). Mr. Lee, who joined Lin as a partner in November 2023, plans to actively engage in various cases such as securities, finance, and corporate anti-corruption based on diverse investigative and theoretical experience accumulated from the prosecution. Lin boasts top domestic experts in responding to financial, corporate crimes, and other investigative matters, and we will strive to provide our clients with high-quality legal services. 2. Lance B. Lee, Foreign Legal Consultant (Partner) - Boston College Law School – J.D. - University of Virginia – B.A. Past) Dentons Lee - Chief Operating Officer, Head of International Arbitration & Litigation and Partner, 2012-2023 Past) Kim & Chang - Partner Past) STX Shipbuilding Corporation – Group General Counsel Past) POSCO – Overseas Projects Team Leader Past) U.S. Army JAG Corps – Trial Counsel, Prosecutor and Captain Past) Gainer, Rient & Hotis - Attorney Current) LIN – Head of International Arbitration & Litigation, Partner (Present) Mr. Lee, a U.S. attorney, was responsible for various international arbitration and litigation cases for 11 years at Kim & Chang, representing numerous international corporations and diverse fields. Serving as General Counsel at STX Shipbuilding Corporation and Head of the International Legal Team at POSCO, he handled tasks such as international arbitration, international litigation, IP, corporate M&A, contract negotiations, and joint investments for global conglomerates. Subsequently, as a partner at the Seoul Office of Dentons, he worked for 11 years as the Head of the International Arbitration/Litigation Team, leading numerous international arbitration cases as lead counsel. In 2024, for the first time in history, more than half of the global population will be holding elections, signaling the end of America’s “unilateral hegemony” and prompting the world to prepare for more disputes. With major industrial powers intensifying their industrial policies and protectionist measures to secure leadership in advanced and eco-friendly industries post-election, there is an anticipated increase in international disputes, particularly in advanced technology sectors such as semiconductors and information technology (IT). Mr. Lee, a foreign attorney leading the International Arbitration/Litigation Team, will leverage his experience and expertise to actively discharge legal advice on the prevention and resolution of international disputes for various global corporations based on his accumulated knowledge and professionalism. 3. Ki Suk Seol, Of Counsel - Hongik University, Department of Architecture - Kyungpook National University, Graduate School of Law, - KAIST, Intellectual Property Graduate School - Bar Examination (3rd) Past) Eland Group, Legal Department Past) Hyundai Engineering, Legal Department Past) Ministry of Justice, Legal Affairs Officer Past) Ministry of Justice, Legal Affairs Secretary Current) LIN Mr. Seol, as an in-house counsel for a large corporation, has accumulated expertise in a wide range of legal affairs that can arise within the company, including civil and criminal litigation and consultation, fair trade practices, compliance, intellectual property, construction, and labor-related dispute management. Subsequently, serving as a Legal Affairs Secretary at the Ministry of Justice, he handled administrative adjudication and litigation, legislation drafting and revision, interpretation of laws and rights, review of government and legislative bills, formulation of legislative strategies, improvement of attorney and notary systems, and enhancement of legal technology systems. Through these roles, he has built expertise in planning, administration, and legislation. Amidst the ongoing challenges such as the increase in unsold and unoccupied properties, rising construction costs, high interest rates, and stagnation in real estate PF, it is anticipated that legal disputes and litigation among real estate market participants, including developers, contractors, financial institutions, trustees, and local housing associations, will continue to rise. Mr. Seol, who has served as an in-house counsel for a global integrated construction company, has handled a wide range of cases from civil and criminal matters to fair trade, construction, labor, and compliance issues, from the client's perspective, collaborating with various major law firms. Drawing upon his extensive practical experience accumulated in the field, he is committed to providing tailored solutions, not only advisory services but also litigation support, to corporate clients. 4. Recruitment of Foreign Lawyer With recent concerns over deflation in China, attitudes of Korean companies towards China have become notably cautious. Consequently, there is a growing need for professional advice regarding entry into the Chinese market. Recognizing this demand, Lin has recently recruited Ms. Wenpu Yang (Chinese attorney), aiming to provide high-quality legal service that aligns with our clients’ business strategies and management objectives on various issues related to Sino-Korean business relations. Going forward, Lin promises to continuously recruit verified talents in various fields to ensure customer satisfaction.2024.02.05.
[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=257
Attorney 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=117551
[Impact of the Commercial Act Amendment] Interview with Attorney Ji-ho Kim: Expanded Directors’ Duty of Loyalty – High Hopes for Shareholder Protection Amid Remaining Challenges
The 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=640217
