Seung Bok NAH
변호사
T. 02-3477-8695
F. 02-3477-8694
E. sbnah@law-lin.com
Overview
Profile
Related News
Since completing the program at the Judicial Research and Training Institute (23rd) in 1994, Mr. Seung Bok Nah provided various legal services to leading domestic companies, e.g., SK, LG, Dongsung, and Dohwa, and preeminent Chinese companies, e.g., CDB, Huawei, China Eastern Airlines, and others, in a swift and efficient manner for nearly 30 years while he worked at Bae, Kim & Lee, LLC and Yoon & Yang LLC. Such legal services include those relating to China, corporate advisory matters, M&A, management rights, listing and delisting, investments, finance, intellectual property rights, litigations and arbitrations, and others.
In particular, Mr. Nah is regarded as one of the best Chinese legal experts in Korea, providing extensive legal services on Chinese law to domestic corporations and those on Korean law to Chinese corporations in Chinese. It is all based on his knowledge and experience accumulated over many years as a legal expert and the first Korean doctor of jurisprudence of Peking University Law School.
He led the development of creative legal structures in new areas. For example, the KOSDAQ listing project of Chinese 3NOD Digital became the first case of a foreign company’s listing on the domestic stock market, and Korea Investment Trust’s project for listing Chinese stock ETF on KOSPI has been recognized as the first listing case of a domestic company’s Chinese stock ETF.
Furthermore, he is well-known for making outstanding lectures as an attorney who majored in Chinese literature, where the lectures link practical cases with Chinese classics in relation to the matters relating to the advancement into China, M&A, IPO, compliance, and others during the legal practice courses and various CEO courses of leading domestic companies. He was also in charge of giving practical lectures in Chinese on Korean law to Chinese companies and Chinese-Korean companies.
In 2022, Mr. Nah joined Lin as a partner to provide domestic and foreign clients with a more systematic and efficient legal services of high quality in various fields, along with the attorneys who share the same philosophy and vision, based on his broad range of expertise, abundant practice experience, and fluency in Chinese language.
Profile
Experience
- Current) LIN
- Current) Korean Golf Industry Association, Auditor (2022 – Present)
- Current) Korea-China Society of Law, Vice Chairman (2019 – Present)
- Current) Korea Creative Content Agency (KOCCA), Overseas Advancement Counseling Center, Advisory Member (2017 – Present)
- Current) Ministry of Justice, Legal Advisory Committee on International Investment Disputes, Advisory Member (2011 – Present)
- Current) China Chamber of Commerce in Korea, Advisory Member (2010 – Present)
- Current) Korean Commercial Arbitration Board, Arbitrator (2004 – Present)
- Past) KOSDAQ Market Corporate Review Committee of Korea Exchange (Substantial Evaluation of Delisting Cases), Member (2019 – 2021)
- Past) KOSDAQ Market Disclosure Committee of Korea Exchange, Member (2015 – 2018)
- Past) Dispute Settlement Review Committee of Korea Exchange, Member (2013 – 2015)
- Past) International Committee of the Korean Bar Association, Vice Chairman (2005 – 2007)
- Past) Judicial Research and Training Institute, Lecturer (2008 – 2012)
- Past) Seoul National University, Graduate School of International Studies, Lecturer on Chinese Corporate System (2004 – 2005)
- Past) Yoon & Yang LLC, Partner Attorney (2003 – 2022)
Past) Bae, Kim & Lee, Attorney at Law (1994 – 2002)
Representative Matters
The following are Mr. Na’s representative matters performed over the last 10 years.
[M&A, Listing, Joint Ventures]
•Overall tasks relating to the (Chinese) JY’s acquisition of shares in Company LI (listed on KOSDAQ), e.g., MOU, due diligence, Share Purchase Agreement, Shareholders’ Agreement, 5% reporting, business combination report, registration of a foreign-invested company, etc.)
•Legal due diligence relating to CDB’s financing of Greenland Holdings’ Jeju Project
•Overall tasks relating to Chinese Company ZW’s acquisition of shares in a Korean real estate company, e.g., MOU, due diligence, Share Purchase Agreement, registration of a foreign-invested company, etc.
•Chinese Company PR’s acquisition of Jeju casino business
•Company GL’s legal due diligence and acquisition of shares in a Japanese waste company
•UR’s acquisition of shares in Uzbek freight train transportation company
-Overall tasks for listing Chinese 3NOD on KOSDAQ (the first overseas company to be listed on the Korean stock martet)
-Listing of Company KIT’s Chinese stock ETF on KOSPI (first Chinese stock in Korea)
-Listing of Company CS on KOSPI
-Listing of Company NX on KOSPI
-Advised on listing of Company MG (English), Company IP (Philippines), Company YT (Uzbekistani) in the Korean stock market
-Advised on responding to delisting due diligence of Company CGS (obtained a decision granting an improvement period)
-Advised on responding to transaction suspension of Company DHE (exemption decision)
-Advised on delisting due diligence of Company YD (obtained a decision granting an improvement period)
-(Nasdaq) Company GR’s U.S. SEC annual report (20-F)
•Chinese Company HL’s joint venture in Korea with LG Chem
•Company AP’s joint venture in China
•Company DS’s joint venture in China
[General Corporate Advisory Matters, IP Cases]
•Advised Company GR on overall matters, including those relating to its adjunct director, acquisition of shares in the parent company, amendments to the Articles of Incorporation, cash dividends, audit report on financial statements, issues relating to the board of directors’ meeting, outside director appointment agreement, the convening of the shareholders’ meeting, audit qualifications, term of registered director(s), capital increase with consideration, officers’ liabilities, amendments to BOD regulations, Co-CEOs, special shareholder meeting, officer’s severance pay, transactions with the parent company, remuneration of the representative of a subsidiary, and others
•Advised Company YD on matters relating to the change of its largest shareholder, revision of its financial statements, settlement agreements, lumpsum lease agreement, return of treasury stock, BW, resolutions from the general meeting of shareholders, stock option, loan agreement, and liquidation of Shanghai subsidiary
•Advised Company ZN on its Patent License Agreement
•Advised on Company GR on its Game License Agreement, Animation Agreement, domain, refund of the game fees, and preparation for responding to the overseas claims on intellectual property infringement (China, Indonesia, Thailand, and Vietnam)
•Advised Company AV on its Master Franchise Agreement
•Advised Company YD on Sound Source Agreement, application of the Personal Information Protection Act, bonus cash, Game License Agreement, mobile games investment, Japanese Game License Agreement, payment for audition games, agreement with Chinese T3
[Disputes – Management Rights, Civil/Commercial/Criminal Cases, Arbitration, Trade Matters]
•Represented Company DC in a lawsuit involving a motion for provisional disposition to view and reproduce the accounting book(s)
(won the case at both trial and appellate levels)
•Represented Company AIP in a lawsuit involving requests for confirmation of shareholders’ rights and transfer of title
•Advised Company KD on the recovery of its management rights in a Taiwanese investment company (w/ a Taiwanese law firm)
•Advised Company YD on the recovery of its management rights in its Shanghai subsidiary (w/ a Shanghai law firm)
•Advised Company SX in a lawsuit regarding the ship equipment fee (Shanghai)
•Represented Company KC in a patent invalidation trial
•Represented Chinese Company SF in a lawsuit for compensation of damages
•Represented Malaysian Company WW in a lawsuit, seeking for cancellation of the construction suspension order
•Represented Mr. L in a lawsuit, seeking for cancellation of the provisional disposition order prohibiting the LPG charging business
•Represented Chinese Company PR in a lawsuit involving a claim for return of the contract amount for the acquisition of a Casino business
•Represented Chinese Company MX in a lawsuit to enforce an arbitration decision
•Advised Company GR in an American domain infringement lawsuit and a Singaporean trademark lawsuit (w/ a local law firm)
•Represented Chinese Company GF in a criminal case regarding acquisition of assets in Korea
•Defended Chinese Company WH in a case involving the issue of violation of the Punishment of Tax Offenses Act
•Defended Mr. LJH in a case relating to price manipulation
•Defended Mr. LIM in a case involving a criminal charge of indecent act by compulsion (found non-guilty in both trial and appellate cases)
•Defended Company DHE during the prosecutors’ investigation of the slush fund relating to the four (4) major rivers and in both trial and appellate cases
•Advised Company AV in an arbitration for compensation of damages on its franchise business (Shanghai)
•Represented Company NK in an arbitration relating to the price of goods (Hong Kong)
•Represented Company YD in an arbitration for compensation of damages for copyright infringement (KCAB)
•Advised Company AS regarding the enforcement of the Chinese arbitral award in China
•Advised Company GH in an investigation case against corrugated cardboard dumping issues in China
•Represented Chinese Company ZC in an investigation case against bleach dumping issues in Korea and at the retrial
[Financial/ Real Estate Cases, Establishment & Liquidation of Companies]
•Advised Mr. J on the recovery of his investment in Chinese private equity
•Advised on Company IS’ BW Agreement
•Advised Company GK on its Chinese UnionPay card
•Advised Mr. L regarding his responses to the Financial Supervisory Service (FSS) and Securities and Futures Commission (SFC) on price manipulation
•Advised Company DHE on its project for a new airport in Peru
•Advised Company CT on the transfer of the Paju Development Project to China
•Advised on Company DN’s Lease Agreement
•Advised on Company YL’s Lease Agreement on Chinese factory
•Advised Mr. Zhou on a Purchase and Sale Agreement regarding land in Jeju Island and due diligence relating thereto
•Advised Chinese Company CEA on its holiday replacement system, minimum wage, safety education, flight crew management regulation
•Advised Company GR on Labor Agreements, Shuttle Bus Operation Agreements, severance, welfare cards, and Work Phone Agreements, and its parent company, Gengho, on its labor issues
•Advised on establishing a game company of Company LK
•Advised on establishing a Korean subsidiary of Company WF
•Liquidation of Korean subsidiary of Company WHLiquidation of Chinese subsidiary of Company CK
Education
•Seoul National University, Department of Chinese Language & Literature, B.A. in Chinese Language and Literature (Minor in Public Law)
•Yonsei University, Graduate School of Public Administration (Master of Public Administration)
•Peking University Law School, People’s Republic of China (Ph.D. in Law)
•Korean Bar Examination (33rd)
•Judicial Research and Training Institute (23rd)
Qualifications
•Attorney at Law
Publications
•A Study on the Audit System of Joint Stock Companies, Master’s Thesis (1999)
•The Characteristics and Main Provisions of the Chinese Consolidated Contact Law, Human Rights and Justice (2000)
•Studies on the Opening of Legal Services, Ministry of Justice, Co-Author (2000)
•Opinion on the Opening of Chinese Legal Market, China Lawyers Association (2001)
•A Comparative Study on the Substantive Requirements under Korean and Chinese Anti-Dumping Provisions and the Proposed Developments, Selected Theses of Chinese Seminar on Economic Legal Theory (2001)
•A Comparative Study on United States Anti-Dumping Measures on the Export Products to Korea and China, Ph.D. Dissertation (2002)
•Status of U.S. Anti-Dumping Measures against Korea and China & Joint Measures of Korea and China, Chinese Trade Remedies (2003)
•Main Issues of Legal Due Diligence for Purchase of Shares in Sino-Foreign Joint Venture Company, Journal of International Regional Information, Hankuk University of Foreign Studies (2003)
•Effect of Unknown Clause on B/L Under the Korean Law, Proceedings of the China Maritime Law Seminar (2004)
•Trade Remedy Rules in Korea - Legal Guide for Business in Korea, Embassy of Brazil in Korea, KOTRA (2004)
•Priority of National Tax Under Korean Tax Law, Proceedings of the International Symposium on Tax Law of Beijing, China (2005)
•Changes to the (initial draft of) the Chinese Labor Contract Law, Chindia Journal 1st Issue, POSCO Research Institute (2006)
•Research on Legal Regulations on M&As of Chinese Companies, Joint Study Entrusted by the Ministry of Government Legislation (2006)
•Major Legal Requirements and Procedures on Foreign Investor’s Share Acquisition of Companies in China, Ministry of Government Legislation Book Vol.594, Ministry of Government Legislation (2007)
•Overall Issues of Foreigner’s M&A of Korean Companies Under the Korean Law, Special Publication on Korea-China Trade and Investment in Commemoration of the 15th Anniversary of China-Korea Diplomatic Relationship, China Council for the Promotion of International Trade (2007)
•Requirements for Listing of Foreign Companies in Korea Have Been Eased, Asia Law Korea Review (April 2008)
•Business Law in China, Pakyoungsa (2008)
•Mergers and Acquisitions - Korean Business Law, Carolina Academic Press (2010)
•Risks and legal protection measures for Chinese companies’ investment in Korean real estate, CSF (China Specialist Forum) Issue Analysis, Korea Institute for International Economic Policy (August 2015)
•Investment flow of Chinese money into Korea and the related key legal issues, CSF (China Specialist Forum) Issue Analysis, Korea Institute for International Economic Policy (May 2016)
Practice Areas
•Various Advisory Matters and Disputes Relating to China
•Corporate Advisory Matters, Investments
•M&As and Management Disputes
•Listing/Delisting
•Intellectual Property Rights, Real Estate
•International Arbitrations
•Civil/Criminal Litigations
Languages
•Korean
•Chinese
•English