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Overview
The Defense Industry and Public Contracts Team is accumulating extensive experience in handling defense-related legal risks, including those related to costs, liquidated damages, unfair sanctions, contract amendments, bid proposal evaluations, and defense technology security, and offers integrated legal services in the area of defense procurement contracting based on such experience. In addition, the Team is poised to offer optimal solutions in all defense industry areas as it is proactively gaining competency in robotics, satellites, and other high-tech areas.
Key Services
Defense capacity building programs
- Offering overall legal advice on weapons system procurement programs (contract drafting, tender, contract negotiation, decision-making on type of weapon, contract execution, contract performance, follow-up management) and handling related disputes
- Offering legal advice on weapons system R&D and other force support system programs and handling related disputes
- Offering legal advice relating to decision-making on requirements, medium-term national defense plans, budgeting, preliminary studies, and decision-making on program implementation methods
- Offering legal advice on the domestic manufacture of components
- Offering legal advice on the ownership of IP rights and licenses
- Offering legal advice on offset trade and counter purchase, and handling related disputes
Defense industry promotion and regulation
- Offering legal advice on new investments in the defense industry, defense contractor M&As, and the program coordination system
- Supporting the export of defense materials and offering legal advice on export permits
- Participating in and offering legal advice on international tenders, trade negotiations with foreign companies, and contract negotiations
- Offering legal advice on the approval of the production of and purchase agreements for defense materials
- Offering legal advice on defense material designation/cancellation, defense contractor designation/cancellation, and specialized research institute appointment/termination
- Advising on defense science and technology R&D agreements
- Advising on and responding to defense technology and military security
Legislative consulting related to defense programs
- Advising on National Assembly legislation regarding the enactment and amendment of laws and regulations on defense programs
- Advising on the enactment and amendment of administrative legislation (enforcement decrees, enforcement rules, directives, established rules, public notices, and others) related to defense programs
- Advising on replies to inquiries and authoritative interpretations on laws and regulations related to defense programs
- Advising on legislative petitions on the introduction of new systems and regulatory reforms related to defense programs
Public procurement contract advisory services and disputes
Representative Cases
- Advised and represented a Defense Contractor in applying to seek the exemption of liquidated damages against the Defense Acquisition Program Administration
- Represented a Construction Company in litigation against the Minister of National Defense seeking the revocation of the unjust concessionaire sanction disposition
- Advised and represented an Arms Company in litigation regarding the cancellation of the 2-stage competition process under the Multiple Award Schedule
- Advised and represented a Defense Contractor in litigation seeking the revocation of an unjust concessionaire sanction
- Offered legal advice to an Arms Company on its unfair elimination from the tender for another Company's investment and R&D program
- Offered legal advice to a Defense Contractor on strategic materials exports and offered legal advice to a Foreign Arms Company on offset trade
- Successfully represented an Arms Company in litigation on the price of goods related to the restitution of unjust enrichment and additional payment
- Offered legal advice to a Foreign Arms Company on the establishment of a Korean subsidiary, consulting agreements, and others
- Offered legal advice to a Defense Contractor on its response to Defense Acquisition Program Administration sanctions, including the restitution of unjust enrichment in connection with unlawful subcontractor costs, profit margin reduction, and others
- Successfully represented a Foreign Arms Company in international litigation for price of goods regarding the cancellation of a guided weapons detonator supply agreement
- Offered legal advice to an Arms Company on its response to the cancellation of an international parts supply agreement
- Handled a criminal case regarding the violation of the Military Secret Protection Act by officers and employees of an Arms Broker
