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Practice Area|Dispute Resolution

Constitutional & Administrative Litigation

Laws, regulations and exercise of governmental power that excessively infringe on people’s basic rights and freedom of economic activities, and administrative measures that go beyond the legal and procedural limits set by the law, are subject to constitutional and administrative litigation. As participation in economic activities traditionally regarded as the exclusive domain of the government (such as investment in infrastructure) was opened up to private sectors and regulations based on traditional notions of industry were lessened, there have been continued controversies over the scope of economic freedom while new regulations have been introduced to adapt to the changing economic and regulatory circumstances.

In the meantime, international treaties, including the WTO Agreement and the FTA, are affecting not only international trade but also domestic economic activity. Jipyong goes beyond actively invoking provisions of international laws in domestic litigation – improving domestic law and administrative practices based on the decision of international organization and authoritative interpretation directly obtained by using international rights protection procedures prescribed in international treaties.

With in-depth, specialized expertise in the constitutional law, international law, and major industrial laws, Jipyong remedies the rights of the people through various constitutional and administrative litigations, while contributing to the development of a fair and free market economy ensuring the legality and adequacy of government’s regulations on freedom of economic activities. Among others, Jipyong was instrumental in obtaining constitutional court decisions that had far-reaching social implications, such as those involving provisions on lease in the Civil Code, qualification of judicial officer under Court Organization Act, Public Official Election Act, and Community Credit Cooperatives Act.

In addition, we have amassed outstanding track record by utilizing constitutional lawsuits and administrative disputes without being tied to preconceived notions of litigation, thereby providing clients with fundamental solutions to their issues.

Key Practice Areas Close

    • Constitutional review of unconstitutional law at Constitutional Court
    • Constitutional petition to remedy violations of rights due to exercise or non-exercise of power by government authorities
    • Competence disputes between state agencies or between central agencies and municipalities
    • Constitutional petition for prosecution deal
    • Appeals (cancellation lawsuit) for administrative disposition or non-disposition of government’s authorities
    • Industrial Accident Compensation
    • Unfair labor practices
    • Cancellation of imposition of various penalties and charges
    • Cancellation of Tax Disposition
    • Fair trade issues
    • Private investment in social infrastructure
    • Lawsuits between the Ministry of Government Administration and Home Affairs and local governments
    • Individual communication with international organizations such as the UN Human Rights Committee

Experience Close

    • Successful unconstitutional judgment involving an addendum in the Court Organization Act on behalf of 42nd graduates of Judicial Research and Training Institute
    • Represented Shinchon Station in a constitutional petition (2011Hunba234) related to Article 651 of Civil Code and won the decision declaring a provision in Civil Code which placed the maximum limit on lease period is unconstitutional
    • Successful unconstitutional judgment involving Article 60 of Public Official Election Act banning journalist election campaigns
    • Judgment of constitutional nonconformity in a constitutional lawsuit involving Article 21(1)(8) of the Community Credit Cooperatives Act
    • Judgment of constitutional conformity on list of the entrance requirements of Samsung high school located in Choongnam province on behalf of Samsung Display Co., Ltd.
    • Successfully represented Korean Medical Association in a constitutional petition filed by oriental doctors with respect to the use of ultrasonic equipment
    • Successful unconstitutional judgment on imposition of deductible donation tax on the loss corporation under the Enforcement Decree of Inheritance Tax and Gift Tax Act
    • Successful unconstitutional judgment on donation to candidates for the proportional representatives under the Public Election Act (hearing at Constitutional Court)
    • Successful constitutional judgment on Framework Act on Korean Language on behalf of the Ministry of Culture and Tourism (hearing at Constitutional Court)
    • Partially successful unconstitutional judgment in a lawsuit related to extinctive prescription of human rights violation cases under the Framework Act for Truth and Reconciliation
    • Represented Samsung Electronics in Apple's constitutional lawsuit for cancellation of Korea Fair Trade Commission's acquittal
    • Won each case claiming for cancellation of disposition of medical expenses collection and suspension of payment of medical expenses against National Health Insurance Service on behalf of “P”, an owner of a hospital
    • Represented and defended Uiwang-si in a lawsuit raised by a development association claiming return of the KRW 10.9 billion worth land for construction of a school and won the lawsuit in the first trial
    • Represented Maemuldo Haewoon Co., Ltd. in a lawsuit seeking the revocation of disapproval of transportation business license which denied the opening of the route to Maejuldo and won the case that was vacated and remanded
    • Represented clients in administrative litigations, such as dispute over the imposition of penalty points to and collection of damages from top Korean construction design companies by a public corporation established under the Seoul Metropolitan Government for the reason of poor design and represented clients for claim for injunction to suspend the validity of the imposition of penalty points and nullify of the administrative imposition of penalty points
    • Won the litigation seeking confirmation of invalidity of attachment established to Eunma apartment, in which JIPYONG represented the reconstruction association establishment promotion committee
    • Represented Ministry of Education, Science and Technology and Korea Institute for Curriculum and Evaluation and successfully obtained the ruling for the return of verification service fees
    • Performed in a case that successfully nullified cancellation of application for changes in social welfare benefits
    • Represented Gyeonggi Province against the State in a claim for the clean-up of polluted lands in the province
    • Represented Daewoo E&C and Hyundai E&C in defective construction litigation
    • Represented Hanjin Heavy Industries & Construction, Hyundai Heavy Industries, and DSME in requesting cancellation of special designations as the defense companies
    • Advised, at the request of Korean Petroleum Association, on revisions of Marine Environment Management Act to address the duplicated imposition of water surface cleaning allocation costs and the obligation of placing the water surface cleaners
    • Represented apartment purchasers in an action to revoke the order for use verification against the Mayor of Gimpo
    • Represented a municipal development authority in a claim for damages
    • Represented a telecom company for deliberation on national reparation
    • Represented Sarang Church in a case of invalidation of road occupancy permission, which is a leading case filed by residents under the Local Autonomy Act