JIPYONG LLC

Even when administrative dispositions are unlawful or improper, failing to challenge them effectively can leave businesses and individuals with irreparable harm.  In practice, revocation of licenses or permits can destabilize business operations, imposition of penalty surcharges can severely impact management, and debarment from public tenders can exclude companies from the market. Administrative appeals and litigation provide swift and effective means of redress against such harm.

As the regulatory landscape grows more complex, disputes between administrative authorities and businesses or individuals are taking increasingly diverse forms.  The scope of administrative dispute resolution continues to expand from traditional licensing disputes to novel enforcement actions in emerging sectors such as platforms, fintech, and biotechnology; sanctions in the public procurement market; and large-scale administrative decisions in environmental and urban planning matters.  In particular, when a single disposition affects multiple stakeholders, complex situations can arise where the addressee challenges the disposition while third parties simultaneously bring revocation actions.  In such an environment, accurately grasping the full contours of the case and responding proactively is paramount.

Jipyong develops tailored strategies that reflect the nature and urgency of each matter.  From the stage when an adverse disposition is anticipated, we work to prevent it through advance consultation with the relevant authority and submission of reasoned opinions.  Where a disposition has already been issued, we promptly seek suspension of execution to contain immediate harm while preparing the case on the merits.  When early resolution is feasible at the administrative appeals stage, we bring the matter to a swift close; when full-scale litigation is warranted, we conduct the entire process consistently through administrative litigation.

Drawing on deep understanding of regulators’ enforcement practices and decisional patterns, Jipyong rigorously analyzes both procedural defects and substantive unlawfulness of dispositions to design optimal challenge strategies. Where a disposition rests on a statutory basis whose constitutionality is in question, or where its interpretation is disputed, we employ a multi-layered approach combining administrative litigation with constitutional litigation to pursue a more fundamental resolution. Going beyond mere revocation of the disposition, we also link matters to claims for State compensation to fully restore our clients from losses caused by unlawful administrative action.

Beyond post-incident dispute resolution, Jipyong also offers preventive services that manage regulatory risk comprehensively. We provide end-to-end support including obtaining authoritative regulatory interpretations for new business models, utilizing regulatory sandbox and provisional authorization regimes to secure business legality at an early stage, and submitting comments during legislative and rulemaking processes that reflect our clients’ interests. Our attorneys, well-versed in regulation and administrative disputes, handle each matter from initial consultation through final judgment, providing clear guidance on issues and likely outcomes so that our clients can make well-informed decisions.