BKL and AMCHAM map Korea legal shifts, guide global corporations' responses

By Yoo Byoung-hoon, ChosunBiz - Bae, Kim & Lee (BKL), a limited liability law firm, held a seminar on corporate response strategies to recent changes in the legal landscape, including attorney–client privilege (ACP), the Korea-style discovery system, and constitutional complaint against court judgments.

BKL said it hosted an "AMCHAM Insight" seminar titled "The new map of Korea's legal environment" with the American Chamber of Commerce in Korea (AMCHAM) at its Jongno-gu, Seoul, headquarters on the 12th. The seminar was organized to share legal and regulatory changes and practical response measures with AMCHAM member companies and domestic and overseas corporations and institutions.

In a welcome address, BKL managing partner Lee Jun-gi said, "Recent changes in Korea's legal and regulatory environment are demanding new response standards from global corporations and in-house legal teams," adding, "BKL will stay close to the real issues corporations face on the ground and provide more practical and actionable response strategies and insights."

James Kim, AMCHAM chairman and CEO, said, "Korea's legal and regulatory environment is undergoing important changes across corporations' compliance, internal investigations, and risk management," adding, "Because regulatory clarity and predictability are key factors that determine investment decisions and long-term corporate trust, it is important to support corporations so they can respond effectively to these changes."

In the first session, Noh Min-ho of BKL's criminal practice presented Korea's ACP system and response measures for global corporations. ACP is a system that protects certain legal advice communications between attorneys and clients under specified conditions. Explaining the significance of the amended Attorney‑at‑Law Act, which recently codified ACP, and related Supreme Court rulings, Noh said, "Korea's ACP system is at a turning point, taking a step closer to the global standard." Noh proposed practical measures such as a segregation and management framework for legal-advice communications, server and folder structures that allow ACP protection, and the refinement of day-to-day communication protocols.

The second session was led by Son Seung-ho of BKL's antitrust practice. Son explained the Korea-style discovery system introduced in the Win-Win Cooperation Act, including expert fact-finding, party examination, evidence preservation orders, and orders to submit materials collected in administrative investigations; addressed differences from U.S. discovery; and discussed how proposed amendments to the Civil Procedure Act could affect corporations' dispute responses. Son said, "As facts are determined more quickly at the early stages of disputes, faster decision-making based on relevant information will be possible in mediation, settlement, and judgments."

In the final session, Kim Kyung-mok of BKL's regulatory practice, who previously served as senior constitutional researcher and Director General researcher at the Constitutional Court, presented the constitutional complaint against court judgments procedure and practical considerations. A constitutional complaint against a court judgment is a procedure for seeking a ruling from the Constitutional Court on the grounds that a court's judgment violated fundamental rights. Kim explained grounds for dismissal at the preliminary review stage, the requirement of subsidiarity, and how to specifically state grounds for infringement of fundamental rights. Kim said, "From the stage of drafting the constitutional complaint, it is important to specifically identify the infringement of fundamental rights and meticulously organize the facts."

BKL is establishing response frameworks for ACP, the Korea-style discovery system, and constitutional complaint against court judgments. It has formed a constitutional complaint task force (TF), is refining its internal systems and practical protocols to protect ACP, and is strengthening its capabilities in electronic information analysis and evidence management in preparation for the expansion of the Korea-style discovery system.

Source:https://biz.chosun.com/en/en-society/2026/05/13/I2YG7UFQY5G6TPW7PBZDULH55M/