Cho, Chi-hyoung

Cho, Chi-hyoung

Attorney, Korea (1984)

General Corporate, Securities & Finance, Education, Foreign Exchange & Foreign Investment, Energy

  • +82 2-772-2705
  • +82 2-772-2800
  • chcho@hmplaw.com

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Introduction

Mr. Cho is a partner of Hwang Mok Park P.C. in charge of M&A, Capital Markets, Antitrust & Fair Trade (Competition law), Intellectual Properties Licensing & Franchising, and other Corporate Practices. He has joined the firm after over eight years of combined experience as an in-house lawyer in the Samsung Group (General Counsel's Office & Legal Department in Chairman's Office) and public services as a military judge, prosecutor and instructor on military court proceedings. Taking advantage of his substantial studies and attorney licenses in the U.S. acquired after having Korean bar membership, he has represented multinational corporate clients in Korea on M&A transactions, capital markets, and financial and corporate matters.
Representative M&A/ Corporate matters include (i) M&A transactions relating to affiliates in the Samsung Group, KTF, Hanjung (currently Doosan Heavy), KAI (Korea Aerospace Industries), Mirant (a US Power company), and MPC (a Hong Kong based power company; currently CGN Power); buyouts in reorganization procedures in the course of corporate restructuring involving the former Daewoo Group, Haitai, Hanchang, Hanbo; and foreign capital’s acquisition of casino business, other merger case or acquisition case in education sector; (ii) business development/expansion relating to intellectual property-related issues for Korean venture companies (Hi-Touch, Overnet, Ness Display, Bio-Media, IPOne, etc.) and (iii) local operation of multinational corporation (Jaguar Land Rover, certain IT companies) and foreign or international school in Korea as well as foreign investment, Joint Ventures and anti-competition issues for multinational business (Photronics, SoftBank, MSD, HP, etc.).
In the area of Capital Markets/Investment and Securities Transactions, he has advised (i) investors or related parties regarding bock-deal of securities, transaction via special investment vehicles such as ABS, REITs and mutual funds (KDB, KAMCO, Restructuring Funds), damages claims against asset managers and brokerage firms for their mismanagement and/or failure in proper disclosures in sales of securities in investment trust; and also (ii) savings banks, insurance companies as well as Financial Supervisory Service on matter of regulatory issues (iii) National Pension Service and other investment vehicle regarding investment in funds.
He delivered lectures for nine years on “International Business Contracts" in the Judicial Research and Training Institute and provided useful introductions and understandings on Korean legal systems and practices for foreigners residing in Korea through columns to "Korea Herald" for more than three years.

Education

  • 1996

    Seoul National University – Special Seminar Course on Competition Law

  • 1995

    Golden Gate University School of Law – San Francisco (J.D.)

  • 1991

    Tulane University School of Law – New Orleans (LL.M.)

  • 1988

    Seoul National University (LL.M.)

  • 1982

    Sung Kyun Kwan University (LL.B.)

Career

  • 2016

    Advisor for National Pension Service re Fund Investment (-2017)

  • 2011

    Advisor for Financial Supervisory Service (-2017)

  • 2010

    Advisor in Investment Review Committee in Korea Air Corporation, etc. (-2015)

  • 2008

    Advisor on International Cooperation for Yongin City (-2010)

  • 2000

    Lecturer, Study on International Contracts, Judicial Research & Training Institution (-2009)

  • 1998

    Partner in Hwang Mok Park P.C. (-now)

  • 1998

    Lecturer, Anglo-American Law, Sung Kyun Kwan University

  • 1995

    Counsel, Executive Staff Office & General Counsel’s Office in Samsung Group (-1998)

  • 1989

    Counsel, Executive Staff Office & General Counsel’s Office in Samsung Group (-1990)

  • 1985

    Military Prosecutor and Military Judge, Instructor as Judge Advocate Officer (-1989)

  • 1984

    Completion of Judicial Research & Training Institution

Key Performance and Clients

  • M&A, Capital Market, Financing & Investments, JV & Venture Investment:

  • - Advising Samsung Heavy regarding `Big Deals` in area of Power Plant Construction Business and Ship Engines in 1998-1999

  • - Advising KDB & other banks on establishment and management of Restructuring Funds

  • - Advising merger of KT Freetel and KT M.Com

  • - Advising foreign corporations regarding acquisition & capital participation (Kimberly Clark, Kemira, Mirant Power, etc.)

  • - Advising on inviting foreign capital or foreign investors' investments in Korea (Hanchang, Hoegh, etc.)

  • - Advising acquisition of management or capital participation in companies under court reorganization process or receivership (Hanbo, Jinro, etc.)

  • - Advising creditor-banks on graduation in work-out process of Hynix, etc.

  • - Advising on SD First Bank selling an IT subsidiary by a major bank

  • - Venture Investment or Joint Investment regarding Ness Display, JOT, Nesscap, Softbank, Overnet, Logstor, Dragon Investment, Bio-Media, etc.

  • - Advising banks (creditors) regarding selling non-performing debts under ABS structure

  • - Advising on structuring & management of ABS, REITs, PEF(Private Equity Fund)

  • - Advising banks, insurance companies, and Financial Supervisory Service regarding regulatory matters

  • - Advising National Pension Service on its investment

  • Corporate Governance, Fair Trade, Licensing & Other Business Operation:

  • - Advising on Corporate structures and operating rules including Fair Trade Regulations (Samsung Group)

  • - Advising certain listed companies in preparation of proxy fights, or with respect to management control at risks (Oyang, Seoul Securities, SFA, etc.)

  • - Advising companies in connection with tender offer process and regulations or issuances/underwriting of stocks & bonds in capital market

  • - Advising acquisition or transfer of controls over a school or educational institution and foreign and international school operation

  • - Advising multi-national companies or their subsidiaries on Korean operations and regulations (Merck, GE Healthcare, Cannon, Jaguar Land Rover, etc.)

  • - Advising on technology licensing, EPC agreement, ship-building agreement, and other agreement related to power plant, sourcing agreement, etc.

  • - Agreements on Large-scale Project Company, Sponsorship & EXPO etc.

  • Litigation or Arbitration on Investment/ IP Licensing, International Tax disputes:

  • - Representing a Fund against an Asset Management Co. seeking damage claims arising out of investment failure

  • - Disputes related a Joint Venture Company between a Korean company & foreign investor

  • - Arbitration on issues in Joint Development of technology re IP Rights.

  • - Litigation against National Tax Services re Customs Duties, International Taxation etc.

  • - Litigation against foreign airplane for damages on behalf of Korean passengers

  • - Litigation against asset management & brokerage firms for their failure of proper disclosure of investment information

Books and papers

  • 2006

    "Exploring Korean Law -Insights from Insiders-" Hwang Mok Park P.C. (Collection of Columns in 'Law Talk” Korea Herald (2003 ~ 2006) Main Writer)

  • 1999

    "Antitrust Perspective on Mergers and Acquisition in South Korea: Notification Requirements and Standards of Review" 16th LAWASIA Conference

  • 1997

    Co-authored, Domestic Agenda for Multilateral Agreements against International Cartel Under Competition Round, sponsored by KDI

  • 1991

    Co-edited, Law Dictionary

  • 1988

    "Standards of Constitutional Review and its Methodology in Korea" a Master Thesis in Seoul National Univ.