Mr Sang Hoon Lee

Sang Hoon Lee

Lawyer biography

Mr. Sang Hoon LEE is the head of Lee & Ko’s Employment and Labor Practice Group, and renowned international legal publications such as AsiaLaw, Chambers Asia, Legal 500 and Who’s Who Legal have consistently recognized Mr. Lee as one of the top employment and labor lawyers in Korea.

With over 25 years of experience, Mr. Lee has a proven track record of providing effective and practical advice to clients regarding the full range of matters involving the Korean employment and labor laws.  Mr. Lee has advised clients on matters regarding both individual employment relationships (e.g., employment agreements, termination, wages, etc.) and collective labor relationships (e.g., collective bargaining agreements, strikes, crisis management, etc.).  He has also successfully represented many multinational and domestic clients in matters pertaining to employment agreements, changes to work rules, sexual harassment investigations, employment discrimination litigations, general compliance matters, employee discipline and terminations, layoffs, wage and hours, leaves, severance pay, pension and benefit, non-competition, employee privacy, temporary or dispatched worker, unjust labor practice, labor unions relations, employee transfers, mergers and acquisitions, and corporate restructuring.  For example, in Samsung’s sale of its HDD business (valued at US$ 1.5 billion) to Seagate, Mr. Lee was appointed by Samsung Electronics as its sole advisor for HR-related issues and contributed to the successful completion of the deal.  Mr. Lee also played a key role in the successful injection of US$ 4 billion of government funds by the Korea Deposit Insurance Corporation (“KDIC”) into six Korean banks during the Asian financial crisis in 2000. During negotiations among the KDIC, the banks and the labor union regarding the issues of restructuring and employee withdrawal from the union, he provided various legal advice to the KDIC, which enabled injection of government funds and revived Korean banks.  

Areas of Practice 

Labor & Employment

Education

University of Washington School of Law - LL.M.: 1997

Judicial Research & Training Institute, Supreme Court of Korea: 1992

Seoul National University Graduate School of Law - LL.M.: 1987

Seoul National University College of Law- LL B.: 1985

Work Experience

Lee & Ko: 1992 - Present

Advisory Attorney to the Ministry of Employment  and Labor: 2016 - Present

Labor Law Practice Study Institute, Supreme Court of Korea, Member and Editor: 2005 - Present

Corporate Environment Improvement Practice Commission, Ministry of Justice: 2005

Kelly, Drye & Warren, LLP, New York: 1997 - 1998

Admissions

Admitted to bar, Korea: 1992

Admitted to bar, New York: 1998 

Languages

Korean and English

Awards

Selected as “Band 1” or “Leading” Lawyer in Labor & Employment by major international legal publications:

  • Chambers Asia
  • Asia Law
  • Legal 500 Asia Pacific
  • Who’s Who Legal
  • Cross-Border Labor and Employee Handbook

Publications/ Presentations

  • Published “Commentaries on the Labor Union and Labor Relation Coordination  Act I, II, III” (2015)
  • Published “Commentaries to Labor Standards Act, I, II, III” (2010)
  • “President Moon’s Labor Policies?-Employee Protection and Termination/Merit Pay System??"- Speaker at AMCHAM Human Resources Committee Meeting, July 2017
  • Published “Breaking the Just-Cause Barrier: Termination of Poor Performance under Korean law” for the KBLA’s Value Chain Magazine, April 2017
  • Published “Underperforming Employees: Changes to Management Measures & the Disadvantageous Changes to the Rules of Employment,” Nodong-Bup-Yul, Vol. 307, December 2016
  • Published “Whistle-Blowing and Employment Discipline,” (Korea Listed Companies Association, January 2011)
  • “Understanding the difference between Representative Directors and Employees”, Speaker at International Association of Korean Lawyers(2010)
  • “Comparative Legal Study on Non-Competition Clause in Employment Agreement in U.S., Japan, and Korea,” (Submitted to Asian Law Program, University of Washington School of Law, 1997)

 

Updates

Employment & Benefits

Recent changes to employment law affect business operations
South Korea | July 18 2018

South Korea recently overhauled its employment laws. Some of the most significant changes that may have an impact on business operations concern annual paid leave entitlements and fertility treatment leave, eligibility for childcare leave, protection for workplace sexual harassment victims, mandatory disability awareness training and the scope of the anti-discrimination statutes.

Termination for personal use of corporate cards held as wrongful termination
South Korea | May 23 2018

The Seoul High Court recently ruled that an employee's repeated personal use of his or her corporate card, in and of itself, may not always constitute sufficient just cause for termination. The court's ruling is an adverse precedent that may have an impact on many businesses as they consider whether to terminate an employee for personal use of corporate cards. However, this case is now pending before the Supreme Court.

Occupational Safety and Health Act amendments
South Korea | May 16 2018

In recognition of the hardship faced by emotional labour workers, there have been increasingly audible calls to improve their working environment, which has led to a view that employers must take proactive steps to protect the health and wellbeing of such employees. Although legislative changes have been insubstantial, the National Assembly of Korea recently passed legislative amendments to the Occupational Safety and Health Act which seek to protect emotional labour workers.

Changes to Labour Standards Act: National Assembly passes new bill to curb working hours
South Korea | March 21 2018

The National Assembly recently passed a legislative amendment designed to reform the Labour Standards Act. The new legislation is projected to have a significant impact on all industries and levels. According to a study by the Korea Economic Research Institute, the additional annual labour costs that companies will incur is likely to exceed W12 trillion ($11 billion) in total.