Greena Shin, Attorney and Partner, advises across the whole of medical management and handles the disputes that arise from it. She also advises and litigates on the operation of non-profit entities such as school foundations, clans, and condominium management bodies and on management control disputes within them; on construction, real estate, and intellectual property disputes; and on family matters including divorce and inheritance.
Medical·Healthcare
In the healthcare industry, she advises on the wide range of disputes and legal issues that can arise in the establishment and operation of medical institutions: vision and opening strategy for medical centers (tertiary general hospitals), establishment of medical corporations, joint practice openings and the dissolution of partnerships, design of annual salary contracts, performance bonuses and retirement pensions for medical staff, labor management including ordinary wages, licensing and permit response, attendance and advisory at on-site investigations by the Ministry of Health and Welfare, the Health Insurance Review and Assessment Service and the National Health Insurance Service, and new health technologies and non-covered medical services.
She has also conducted numerous lawsuits, including those concerning arbitrary non-covered treatment claimed by indemnity health insurers, revocation of dispositions such as business suspension and penalty surcharges by the Ministry of Health and Welfare and the National Health Insurance Service's recovery of medical care benefit costs, damages arising from medical malpractice, severance pay for medical staff, and premium (key money) for pharmacies located near hospitals.
Management Control Disputes
She advises on management control disputes at non-profit entities such as school foundations, clans, and condominium management bodies, where board and general meeting resolutions appointing officers are contested, and she conducts the litigation that follows: actions confirming the invalidity of resolutions, injunctions for the suspension of the execution of duties and the appointment of acting officers, and injunctions prohibiting resolutions or meetings. She has also successfully conducted criminal defense in occupational embezzlement and breach of trust matters accompanying such disputes.
Construction·Real Estate
She has advised and litigated in numerous construction cost lawsuits, in subcontracting disputes such as those over the validity of direct-payment agreements for the subcontract price, and in disputes over loss compensation, and she has attended Korea Fair Trade Commission investigations into unfair subcontracting practices. Construction and real estate cases turn on expert appraisals, and she has secured favorable outcomes by working through those appraisals in detail.
IP·Trade Secrets·Unfair Competition
She provides legal advisory for the preventive protection of intellectual property such as copyrights and trademarks and of trade secrets, and handles the related litigation where infringement occurs, including injunctions against infringing acts and damages claims. She also handles advisory and litigation on unfair competition in order to protect the tangible and intangible achievements of companies.
Property Division·Inheritance
She also maintains a steady family law practice covering divorce, property division, and inheritance. The assets subject to division now take many forms, and how they are divided has significant financial consequences, so she advises in detail on reaching the soundest outcome in each matter.
Background
Attorney Greena Shin graduated from the Department of Archaeology and Art History at Seoul National University. She went on to build her expertise in construction and real estate at Law Firm Dongin (LLC) and in intellectual property at Hanyang International Law Firm. Since joining MAST Law Firm, she has continued that work while also handling advisory and litigation matters in medical management, management control disputes at non-profit entities, and family matters including divorce, property division, and inheritance.
Profile
- +Seoul National University, Department of Archaeology and Art History
- +Completed the Construction & Real Estate Training Institute of the Seoul Bar Association
- +Completed the Labor Law Training Institute of the Seoul Bar Association
- +Attorney at Law (South Korea)
- +Current) Attorney and Partner, MAST Law Firm
- +Current) Member, Personnel Committee of Goyang City
- +Current) Member, Personnel Committee of the Goyang Cultural Foundation
- +Current) Member, Korean Medical Lawyers Association
- +Current) Member, Labor Law Attorneys Research Society
- +Current) Advisory Attorney for U Hospital and numerous other medical institutions
- +Former) Law Firm Dongin (LLC)
- +Former) Hanyang International Law Firm
Medical·Healthcare
1) Administrative·Labor·Criminal Legal Advisory and Litigation
- +Attendance and advisory at on-site investigations by the Ministry of Health and Welfare, the Health Insurance Review and Assessment Service, and the National Health Insurance Service.
- +Revocation lawsuits against business suspension and penalty surcharge dispositions by the Minister of Health and Welfare.
- +Revocation lawsuits against dispositions of the National Health Insurance Service recovering medical care benefit costs.
- +Revocation lawsuits against feedback dispositions of the Health Insurance Review and Assessment Service.
- +Unjust enrichment restitution lawsuits brought by indemnity health insurers over arbitrary non-covered treatment.
- +Legal advisory on new health technologies and non-covered medical services.
- +Severance pay claims by medical staff under net-pay annual salary contracts.
- +Design of annual salary contracts, performance bonuses, and retirement pensions for medical staff.
- +Legal advisory on ordinary wages and overtime allowances (shift workers).
- +Criminal defense in Labor Standards Act violation cases involving unpaid wages.
- +Litigation on disciplinary actions and other personnel dispositions.
- +Damages lawsuits arising from medical malpractice.
- +Criminal defense in professional negligence resulting in death or injury cases arising from medical malpractice.
- +Litigation over premium (key money) for pharmacies located near hospitals.
2) Legal Advisory on Practice Openings, Partnerships, and Vision Strategy
- +Vision strategy for the addition and expansion of hospital beds, including site acquisition, licensing and permits, and government liaison.
- +Strategy formulation and legal advisory for family business succession.
- +Legal advisory on winding up partnership (joint practice) relationships.
Management Control Disputes: Advisory and Litigation
- +Lawsuits confirming the invalidity of board resolutions of school foundations.
- +Injunctions suspending the execution of duties by directors and others and appointing acting officers.
- +Lawsuits confirming the invalidity of general meeting resolutions of clans, together with injunctions including suspension of the execution of duties.
- +Injunctions prohibiting the holding of extraordinary meetings of condominium management bodies.
- +Lawsuits confirming the invalidity of resolutions electing a manager.
Construction·Real Estate Disputes and Advisory
- +Various construction contract lawsuits involving construction costs, subcontract payments, liquidated damages for delay, and design fees.
- +Defense in Korea Fair Trade Commission proceedings on unfair subcontracting practices.
- +Revocation lawsuits against administrative dispositions such as restrictions on bidding eligibility by the Public Procurement Service.
- +Advisory and litigation in disputes involving reconstruction associations and regional housing associations, including the return of investments.
- +Loss compensation lawsuits.
- +Lawsuits over lease deposits and premium (key money).
- +Partition of jointly owned property.
- +Criminal defense of a responsible supervisor charged with professional negligence resulting in death.
IP·Trade Secrets·Unfair Competition Disputes and Advisory
- +Lawsuits for restitution and payment claims following the termination of software development contracts.
- +Lawsuits for change of author and damages based on copyright infringement or joint authorship.
- +Advisory on IP protection, including copyrights, trademarks, and unfair competition.
- +Damages lawsuits and injunctions concerning the infringement of trade secrets and key business assets.
- +Advisory on establishing a Chinese joint venture and protecting trade secrets for a medical rehabilitation robot technology company.
- +Representation in criminal complaints to protect the trademark rights of Japanese company E (golf clubs).
- +Representation in criminal complaints to protect the trademark rights of German company R (travel luggage), and unfair competition litigation.
Property Division·Inheritance
- +Divorce and property division, consolation money, parental authority and child custody.
- +Division of inherited property, return of the statutory reserve of inheritance, renunciation of inheritance, and qualified acceptance.
- +Will-substitute trusts.