Administrative Law
Our Administrative Law section has years of expertise in providing legal advice to public institutions and local governments on matters such as construction and industrial projects. We also have in-depth experience in related litigation. For matters ranging from administrative procedures to judgments, to administrative litigation, Haemaru is a partner that you can depend and rely on to provide expert guidance.
Types of services offered:
  • Legal consultation on construction permits, development permits, business plan approvals, and other authorizations and permits under the pertinent statutes; administrative appeals and litigation for authorization and permit refusals
  • Legal consultation, administrative appeals, and administrative litigation concerning administrative sanctions including corrective orders, suspension of business (license), revocation of business (license), decisions to levy enforcement fine, decisions to levy charges, and decisions to levy administrative fines
  • Tax disputes regarding taxation measures including income tax, value-added tax, and corporate tax
  • Legal consultation and submissions relating to advance proceedings ahead of administrative measures, including civil petition, hearings, and submission of briefs and memos
  • Legal consultation on the lawfulness and appropriateness of administrative legislation including enforcement decrees, ordinances, and administrative rules; administrative plans; and other administrative measures including administrative guidance
  • Litigation over civil servants’ disciplinary actions and compensation; land compensation litigation; and legal consultation, administrative appeals, and administrative litigation relating to other legal relations under public law
Constitutional Law
In addition to the usual civil and criminal issues, there are cases where statutes may be in violation of the client's constitutional rights. However, changing the law is not easy. Haemaru addresses the issue by filing an interlocutory appeal to the Constitutional Court or filing a petition with the Constitutional Court to solve the problem. We have experience from litigating major constitutional issues in famous cases. Statutes concerning freedom of expression, property rights, taxes, and administrative procedures are particularly subject to constitutional disputes and declarations of unconstitutionality. With cases involving such issues we are especially proactive in considering constitutional litigation, seeking both to improve the legal system and to protect client rights.
Haemaru has seen particularly impressive results in jurisdiction disputes between local governments. For example, after five years of constitutional litigation, Haemaru successfully resolved a client's suit concerning local government jurisdiction over public waters. (Constitutional Court ruling of July 30, 2015, Decision Ja 2010HunRa2). Haemaru prides itself on being second to none in jurisdiction dispute adjudication.
Representative matters:
  • General Counsel (Administrative Law) for the Public Opinion Committee on the Shin Kori 5 and 6 nuclear power plants (2017)
  • Litigation to revoke the value-added tax levy on the Ansan Culture Foundation (2014)
  • Litigation against the City of Ansan to revoke a levy of value-added tax (2014)
  • Revocation of value-added tax levy on gold bars (2007-2009)
  • Revocation of restitution measure by the National Health Insurance Service
  • Revocation of authorization to establish a medical co-op
  • Litigation to revoke a levy of charges for the installation of a waste processing facility (2012)
  • General Counsel (Administrative Law) for the Korea Rail Network Authority for various matters including a covenant for the use of railroads and the free reversion of railroad sites (2015-present)
  • General Counsel (Administrative Law) for the city of Goyang on various matters including requests of information disclosure and the development of the KINTEX (Korea International Exhibition Center) site (2014-2016)
  • General Counsel (Administrative Law) city of Seongnam on various matters including enforcement fines and compensation for obstructions on municipal property (2014-2015)
  • Request to the Board of Audit and Inspection to review disciplinary action against municipal civil servants (2016)
  • Jurisdiction dispute case between local governments on the boundaries of public waters (ocean) (2014)
  • Petition and litigation to discipline police officials (2014)
  • Litigation relating to liquefied petroleum gas (LPG) in automobiles, and gas station permits
  • Administrative case relating to a local government (City of Seoul)’s measure for the remittance of subsidies (2016)
  • Litigation to revoke various limitations, refusals of permit, and refusal measures in green belts (2012-present)
  • Counsel for the respondent administrative agency in litigation to revoke a measure to rescind the authorization of a redevelopment association establishment committee (2015)
  • Various administrative litigation cases relating to redevelopment and reconstruction (2015)