Overview
Sohyun Kim, an attorney of ClassHankyul, is mainly focused on the areas of construction and real estate, litigation and arbitration, and labor and personnel matters, and especially, is in charge of litigation on construction and real estate related to construction costs, urban maintenance business and local housing associations, claim on payments for services and products, labor-related disputes, and other civil and administrative matters.
Experience
- 2020 Passed 9th Korean Bar Examination
- 2020 ~ 2021 Wishket
- 2021 ~ 2023 Attorney, Kang & Partners
- Present Attorney, ClassHankyul
Education
- 2009 Taereung High School
- 2017 Korea University, School of Mechanical Engineering
- 2020 Korea University Law School
Representative Matters
1. Litigation
A. Real Estate
[Redevelopment Maintenance Business]
- Lawsuit to confirm partial nullity of the management disposal project of S Redevelopment Association in Seongbuk-gu, Seoul
- Lawsuit to confirm partial nullity of the management disposal project of W Redevelopment Association in Buk-gu, Gwangju
- Lawsuit seeking registration of transfer of ownership pursuant to a contract for resale of reserved land for J Redevelopment Project in Seongbuk-gu, Seoul
[Cases Related to Compensation for Loss]
- Increase of the amount of compensation for loss due to the urban planning facility project in Suwon-si
- Increase of the amount of compensation for loss for the condominium building due to M Redevelopment Project in Mapo-gu, Seoul
- Increase of the amount of compensation for loss of land and claim for the amount of compensation for agricultural loss due to B Logistics Complex Development Project in Icheon-si
[Reconstruction Maintenance Business]
- Lawsuit seeking sale on behalf of J Redevelopment Association in Suseong-gu, Daegu
[Local Housing Associations]
- Claim for return of KRW 830 million in substitute payments for 5 members of H Local Housing Association in Gwangjin-gu, Seoul
- Claim for return of KRW 550 million in substitute payments for 5 members of S Local Housing Association in Gimpo-si
- Lawsuit seeking sale on behalf of M Local Housing Association in B-gu of Busan (increase of KRW 500 million in sale price)
- Lawsuit to confirm non-existence of the status of the association member and invalidity of the substitute reimbursement contract on behalf of 45 members of D Local Housing Association in Seongbuk-gu, Seoul
- Claim for return of KRW 500 million in substitute payments on behalf of 15 members of D Local Housing Association in B-gu of Busan
- Lawsuit against S Asset Trust, seeking payment of the collection amount of KRW 550 million
- Lawsuit seeking return of substitute payments on behalf of 33 members of C Local Housing Association in Hwado-eup, Namyangju-si
- Lawsuit seeking return of substitute payments on behalf of 5 members of D Local Housing Association in Dalseo-gu, Daegu
[Others]
- Lawsuit seeking return of unjust enrichment of the person holding excessive ownership in a condominium building in H-dong, Gangseo-gu, Seoul (full acceptance of the appeal, leading to reduction of approximately KRW 600 million)
- Lawsuit seeking return of the down payment for G Knowledge Industry Complex in Geumcheon-gu, Seoul (completion of mediation to return of 50% of the amount)
B. Criminal Cases
- Violation of the National Health Insurance Act and the Act on the Aggravated Punishment, Etc. of Specific Economic Crimes (embezzlement) due to the improper receipt of KRW 600 million in medical care benefits for S Hospital (decision not to indict)
- Violation of the Act on the Punishment of Arrangement, Etc. of Commercial Sex Acts (sexual traffic) (decision not to send the case to the prosecution)
- Summary order for Violation of the Act on Special Cases concerning the Punishment, Etc. of Sexual Crimes (taking photographs by using cameras and distribution of photographs, etc.)
- Violation of the Act on the Aggravated Punishment, Etc. of Specific Economic Crimes (fraud) (decision not to send the case to the prosecution)
- Full reduction of collection money of KRW 250 million for violation of the Construction Industry Basic Law (unlicensed construction)
- Violation of the Employment Insurance Act (illegal receipt of employment maintenance support money) by J Express
- Violation of the Act on the Aggravated Punishment, Etc. of Specific Economic Crimes (embezzlement) by an unregistered director of D Limited Company
- Assault, insult, coercion, alteration of private documents by a staff of C University (decision not to send the case to the prosecution)
C. Civil/Administrative/Labor Cases
- Lawsuit seeking return of unjust enrichment of KRW 900 million pursuant to cancellation of the service contract for A Software Developing Company (completion of mediation, deciding non-existence on the entirety of debts)
- Lawsuit seeking construction costs of KRW 200 million for C Developer (full victory)
- Lawsuit seeking payment of special severance pay for H Securities (partial victory)
- Claim for punishment for infringement on trade secrets and claim for compensation for damages for incomplete performance on behalf of J Valve Manufacturer
- Application for relief for wrongful dismissal filed with Local Labor Relations Committee and Central Labor Relations Committee for J Express (dismissed)
- Lawsuit seeking cancellation of decision on retrial for violation of the duty of fair representation by J Express
- Lawsuit seeking cancellation of the corrective order and the imposition of fines for B Construction Company
- Lawsuit seeking cancellation of the disposition to extend the period related to ban from leaving the country due to non-payment of collection money on behalf of a foreigner
D. Preservative Measure
- Injunction to peruse and mimeograph the shareholder registry and the accounting book of a small-scale corporation (accepted)
- Provisional attachment on the right to claim registration of transfer of ownership against a real estate trust on behalf of H Local Housing Association in Gwangjin-gu, Seoul (accepted)
- Provisional attachment on the right to claim withdrawal of funds against a fund management company on behalf of D Local Housing Association in Busanjin-gu, Busan (accepted)
- Provisional attachment on the right to claim withdrawal of funds against a fund management company on behalf of Y Local Housing Association in Dong-gu, Daejeon (accepted)
- Injunction to forbid permission to use a building (represented the respondent / dismissed)
2. Advisory Works
A. Korea Worker’s Compensation & Welfare Service
- Review on whether the nature of employee is acknowledged in the case of lease of construction machinery
- Review on the provisions of the Occupational Safety and Health Act regarding construction machinery (forklift trucks, excavators, dump trucks, cranes, etc.)
- Possibility of exercising the right to indemnity against a person with a developmental or mental disability
- Possibility of exercising the right to indemnity against the elderly with dementia in the long-term care center for the elderly
- Review on whether a traffic accident constitutes a commuting accident
- Review on whether guardians are liable for illegal acts in traffic accidents caused by theft of cars by minors
B. Local Government (S County)
- Written opinion on the necessity of designation of use and period for sale of general property (traditional liquor factory)
- Written opinion on the possibility of changing the operating hours of multi-cultural facilities and the entrusted manager under the Military Ordinance
- Written opinion on the waste disposal (recycling) report under the Wastes Control Act
C. Regulatory Sandbox
- Review on regulation related to multi-biological signal processing devices, such as the Medical Devices Act, the Act on In Vitro Diagnostic Medical Devices, and the Personal Information Protection Act
- Review on regulation related to sunlight generation power transaction services, such as the Electric Utility Act, the Energy Act, and Renewable Energy Act
- Review on regulation related to mobile waste disposal facilities, such as the Wastes Control Act, the Prevention of Contagious Animal Diseases Act, and the Marine Management Act
- Review on regulation related to the green hydrogen production project using renewable energy, such as the Electric Utility Act, the Energy Act, and Renewable Energy Act
D. Others
- Advice on the reconstruction procedures and the requirements for claim for sale under the Act on Ownership and Management of Condominium Buildings in B-dong, Seocho-gu, Seoul
- Advice related to investment trusts and the collateral trust contract in connection with the development of solar power plants in D County
- Advice on the provision for heavy taxation of acquisition tax under the Local Tax Act related to D Knowledge Industry Complex in Dongan-gu, Anyang-si
- Advice on the provision for heavy taxation of acquisition tax under the Local Tax Act related to acquisition of housing by multi-housing owners
- Advice on the provision related to lessees’ application for approval of conversion of pre-sale under the former Rental Housing Act
A. Real Estate
[Redevelopment Maintenance Business]
- Lawsuit to confirm partial nullity of the management disposal project of S Redevelopment Association in Seongbuk-gu, Seoul
- Lawsuit to confirm partial nullity of the management disposal project of W Redevelopment Association in Buk-gu, Gwangju
- Lawsuit seeking registration of transfer of ownership pursuant to a contract for resale of reserved land for J Redevelopment Project in Seongbuk-gu, Seoul
[Cases Related to Compensation for Loss]
- Increase of the amount of compensation for loss due to the urban planning facility project in Suwon-si
- Increase of the amount of compensation for loss for the condominium building due to M Redevelopment Project in Mapo-gu, Seoul
- Increase of the amount of compensation for loss of land and claim for the amount of compensation for agricultural loss due to B Logistics Complex Development Project in Icheon-si
[Reconstruction Maintenance Business]
- Lawsuit seeking sale on behalf of J Redevelopment Association in Suseong-gu, Daegu
[Local Housing Associations]
- Claim for return of KRW 830 million in substitute payments for 5 members of H Local Housing Association in Gwangjin-gu, Seoul
- Claim for return of KRW 550 million in substitute payments for 5 members of S Local Housing Association in Gimpo-si
- Lawsuit seeking sale on behalf of M Local Housing Association in B-gu of Busan (increase of KRW 500 million in sale price)
- Lawsuit to confirm non-existence of the status of the association member and invalidity of the substitute reimbursement contract on behalf of 45 members of D Local Housing Association in Seongbuk-gu, Seoul
- Claim for return of KRW 500 million in substitute payments on behalf of 15 members of D Local Housing Association in B-gu of Busan
- Lawsuit against S Asset Trust, seeking payment of the collection amount of KRW 550 million
- Lawsuit seeking return of substitute payments on behalf of 33 members of C Local Housing Association in Hwado-eup, Namyangju-si
- Lawsuit seeking return of substitute payments on behalf of 5 members of D Local Housing Association in Dalseo-gu, Daegu
[Others]
- Lawsuit seeking return of unjust enrichment of the person holding excessive ownership in a condominium building in H-dong, Gangseo-gu, Seoul (full acceptance of the appeal, leading to reduction of approximately KRW 600 million)
- Lawsuit seeking return of the down payment for G Knowledge Industry Complex in Geumcheon-gu, Seoul (completion of mediation to return of 50% of the amount)
B. Criminal Cases
- Violation of the National Health Insurance Act and the Act on the Aggravated Punishment, Etc. of Specific Economic Crimes (embezzlement) due to the improper receipt of KRW 600 million in medical care benefits for S Hospital (decision not to indict)
- Violation of the Act on the Punishment of Arrangement, Etc. of Commercial Sex Acts (sexual traffic) (decision not to send the case to the prosecution)
- Summary order for Violation of the Act on Special Cases concerning the Punishment, Etc. of Sexual Crimes (taking photographs by using cameras and distribution of photographs, etc.)
- Violation of the Act on the Aggravated Punishment, Etc. of Specific Economic Crimes (fraud) (decision not to send the case to the prosecution)
- Full reduction of collection money of KRW 250 million for violation of the Construction Industry Basic Law (unlicensed construction)
- Violation of the Employment Insurance Act (illegal receipt of employment maintenance support money) by J Express
- Violation of the Act on the Aggravated Punishment, Etc. of Specific Economic Crimes (embezzlement) by an unregistered director of D Limited Company
- Assault, insult, coercion, alteration of private documents by a staff of C University (decision not to send the case to the prosecution)
C. Civil/Administrative/Labor Cases
- Lawsuit seeking return of unjust enrichment of KRW 900 million pursuant to cancellation of the service contract for A Software Developing Company (completion of mediation, deciding non-existence on the entirety of debts)
- Lawsuit seeking construction costs of KRW 200 million for C Developer (full victory)
- Lawsuit seeking payment of special severance pay for H Securities (partial victory)
- Claim for punishment for infringement on trade secrets and claim for compensation for damages for incomplete performance on behalf of J Valve Manufacturer
- Application for relief for wrongful dismissal filed with Local Labor Relations Committee and Central Labor Relations Committee for J Express (dismissed)
- Lawsuit seeking cancellation of decision on retrial for violation of the duty of fair representation by J Express
- Lawsuit seeking cancellation of the corrective order and the imposition of fines for B Construction Company
- Lawsuit seeking cancellation of the disposition to extend the period related to ban from leaving the country due to non-payment of collection money on behalf of a foreigner
D. Preservative Measure
- Injunction to peruse and mimeograph the shareholder registry and the accounting book of a small-scale corporation (accepted)
- Provisional attachment on the right to claim registration of transfer of ownership against a real estate trust on behalf of H Local Housing Association in Gwangjin-gu, Seoul (accepted)
- Provisional attachment on the right to claim withdrawal of funds against a fund management company on behalf of D Local Housing Association in Busanjin-gu, Busan (accepted)
- Provisional attachment on the right to claim withdrawal of funds against a fund management company on behalf of Y Local Housing Association in Dong-gu, Daejeon (accepted)
- Injunction to forbid permission to use a building (represented the respondent / dismissed)
2. Advisory Works
A. Korea Worker’s Compensation & Welfare Service
- Review on whether the nature of employee is acknowledged in the case of lease of construction machinery
- Review on the provisions of the Occupational Safety and Health Act regarding construction machinery (forklift trucks, excavators, dump trucks, cranes, etc.)
- Possibility of exercising the right to indemnity against a person with a developmental or mental disability
- Possibility of exercising the right to indemnity against the elderly with dementia in the long-term care center for the elderly
- Review on whether a traffic accident constitutes a commuting accident
- Review on whether guardians are liable for illegal acts in traffic accidents caused by theft of cars by minors
B. Local Government (S County)
- Written opinion on the necessity of designation of use and period for sale of general property (traditional liquor factory)
- Written opinion on the possibility of changing the operating hours of multi-cultural facilities and the entrusted manager under the Military Ordinance
- Written opinion on the waste disposal (recycling) report under the Wastes Control Act
C. Regulatory Sandbox
- Review on regulation related to multi-biological signal processing devices, such as the Medical Devices Act, the Act on In Vitro Diagnostic Medical Devices, and the Personal Information Protection Act
- Review on regulation related to sunlight generation power transaction services, such as the Electric Utility Act, the Energy Act, and Renewable Energy Act
- Review on regulation related to mobile waste disposal facilities, such as the Wastes Control Act, the Prevention of Contagious Animal Diseases Act, and the Marine Management Act
- Review on regulation related to the green hydrogen production project using renewable energy, such as the Electric Utility Act, the Energy Act, and Renewable Energy Act
D. Others
- Advice on the reconstruction procedures and the requirements for claim for sale under the Act on Ownership and Management of Condominium Buildings in B-dong, Seocho-gu, Seoul
- Advice related to investment trusts and the collateral trust contract in connection with the development of solar power plants in D County
- Advice on the provision for heavy taxation of acquisition tax under the Local Tax Act related to D Knowledge Industry Complex in Dongan-gu, Anyang-si
- Advice on the provision for heavy taxation of acquisition tax under the Local Tax Act related to acquisition of housing by multi-housing owners
- Advice on the provision related to lessees’ application for approval of conversion of pre-sale under the former Rental Housing Act
Sohyun Kim
Attorney at Law
T. +82-2-2251-7575
F. +82-2-555-5008
E. sohyun@classhklaw.com