Managing Partner Jinho Choi has worked at law firms, at a consulting firm, and in-house, and his work sits where strategy, finance, human resources, and legal affairs meet. He handles both advisory work and litigation for corporations and for non-profit entities, including medical institutions.
Medical·Healthcare
He advises and litigates on the disputes and legal issues that arise in operating a medical institution, including the establishment of medical foundations, joint clinic openings and the dissolution of partnerships, vision strategy for medical centers, the design of annual salary contracts, performance bonuses and retirement pensions for medical staff, labor management, responses to various licenses and permits, attendance at administrative investigations by the Ministry of Health and Welfare, the Health Insurance Review and Assessment Service and the National Health Insurance Service, revocation lawsuits against clawback dispositions, penalty surcharges and business suspensions, disputes over new health technologies and non-covered medical services, MSO operation, and strategy development for family business succession.
Management Control Disputes
He has taken a strategic and comprehensive approach to disputes over the board and general meeting resolutions that determine management control (the appointment of officers). Control disputes at non-profit entities in particular call for an approach that accounts for features a for-profit stock company does not have. He has also successfully conducted the criminal defense that accompanies such disputes.
Corporate Advisory
He has handled the incorporation of companies and the winding up of insolvent companies, business transfers and share transfers, the operation of general meetings of shareholders and boards of directors, the issuance of new shares, corporate disclosure, appraisal rights (share purchase demands) of minority shareholders, corporate (share) valuation, financing (financial arrangement), the review of investment agreements and NDAs, the acquisition of business sites, bidding strategy, and compliance.
Antitrust·Cartel
He has successfully conducted the group damages actions brought by numerous injured parties following sanctions by the Korea Fair Trade Commission, drawing on a close knowledge of the industries in which the cartel issues arose, of how prices are set in them, and of the appraisal methodology (economic analysis) involved.
Financial Advisory
He has carried out a wide range of work related to corporate financing, from lending advisory using project financing (PF) and asset-backed lending (ABL) in the money market to advisory on equity investments by private equity funds (PEF) in the capital market.
Background
Jinho Choi holds a law degree from Seoul National University. He went on to work at a finance-specialized law firm, a consulting firm, and an LG Group affiliate. He is a member of the Korean Society of Medical Law and serves as advisory counsel to numerous medical foundations and hospitals, with particular depth in the management of medical institutions.
Profile
- +Department of Law, Seoul National University
- +Completed the Securities & Finance Training Institute of the Seoul Bar Association
- +Completed the Tax Training Institute of the Seoul Bar Association
- +Attorney at Law (South Korea)
- +Current) Managing Partner, MAST Law Firm (Gwanghwamun Office)
- +Current) Member, Korean Society of Medical Law
- +Current) Member, Korean Medical Lawyers Association
- +Current) Advisory Counsel to numerous medical institutions, including Pohang Semyeong Christianity Hospital, Ulsan Elijah Hospital, Seokjeong Wellpark Hospital, and Yonsei Cheok Hospital
- +Former) Legal Team, LG FarmHannong
- +Former) Consulting Division, ELIO & COMPANY
- +Former) Attorney, Law Firm Myungjin
Medical·Healthcare
1) Administrative Litigation on Sanctions and Related Matters
- +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.
- +Numerous revocation lawsuits against business suspension and penalty surcharge dispositions by the Minister of Health and Welfare.
- +Numerous revocation lawsuits against dispositions of the National Health Insurance Service clawing back medical care benefit costs.
- +Numerous revocation lawsuits against feedback dispositions by the Health Insurance Review and Assessment Service.
- +Numerous unjust enrichment return lawsuits over arbitrary non-covered medical services brought by indemnity insurers.
2) Disputes Arising from Hospital Operations
- +Numerous legal advisory matters on new health technologies (prognosis prediction solutions) and non-covered medical services.
- +Numerous severance pay claim lawsuits by medical staff of a hospital in Suwon under net-basis annual salary contracts.
- +Design of annual salary contracts, performance bonuses, and retirement pensions for the medical staff of a hospital.
- +Legal advisory on ordinary wages and overtime allowances for a hospital, and criminal defense in a Labor Standards Act violation case.
- +Litigation on disciplinary actions and other personnel measures at a hospital.
- +Premium (key money) lawsuit over a pharmacy located at the gate of a hospital.
- +Numerous criminal defense matters and damages lawsuits arising from medical accidents.
3) Legal Advisory on Hospital Openings, Partnerships, and Vision Strategy
- +Opening strategy for Chung-Ang University Gwangmyeong Hospital, Chung-Ang University Medical Center.
- +Vision strategy for Dongguk University Medical Center.
- +Advisory on faculty performance bonuses for Korea University Medical Center.
- +Vision strategy for a hospital's addition of beds and expansion, together with site acquisition, licensing and permits, and government relations.
- +Strategy development and legal advisory on family business succession for a hospital.
- +Legal advisory on winding up a partnership relationship at a hospital.
Management Control Disputes
- +Lawsuit confirming the invalidity of a board of directors' resolution of a school foundation.
- +Injunction for suspension of the execution of duties of directors and appointment of acting directors at a school foundation.
- +Injunction prohibiting the convening of an extraordinary meeting of a condominium management body in Magok, and lawsuit confirming the invalidity of its administrator election resolution.
- +Criminal defense for occupational breach of trust by an executive on the Japanese investor's side of D Co., Ltd.
- +Criminal defense in a fraud case over the performance guarantee deposit for the share transfer of E KOREA Co., Ltd.
- +Defense in various investment fraud cases.
Corporate Advisory and Fair Trade
- +Incorporation of companies.
- +Corporate compliance, including the operation of general meetings of shareholders and boards of directors.
- +Issuance of new shares, financing, share valuation, and corporate disclosure.
- +Contract advisory on business transfers and share transfers.
- +Strategy and review of investment agreements and shareholders' agreements.
- +Software development contract dispute with Codeline Co., Ltd. (restitution following termination, claim for payment).
- +Appraisal rights (share purchase demand) lawsuit by a minority shareholder of a company.
- +Labor management for hospitals, including the operation of labor-management councils and ordinary wage and overtime allowance matters.
- +Lawsuits confirming the invalidity of dismissals, disciplinary actions, and other measures.
- +Dissolution and liquidation of a company.
- +Damages lawsuits arising from bid-rigging of chemical fertilizer prices, among others.
Management Control Disputes and Criminal Defense
- +Lawsuit confirming the invalidity of a board of directors' resolution of a school foundation.
- +Injunction for suspension of the execution of duties of directors and appointment of acting directors.
- +Injunction prohibiting the convening of an extraordinary meeting of a condominium management body.
- +Lawsuit confirming the invalidity of an administrator election resolution.
- +Criminal defense for occupational breach of trust and embezzlement by executives on the foreign investor's side of a joint venture (JV).
- +Criminal defense in a fraud case over a performance guarantee deposit for a share transfer.
- +Defense in various investment fraud cases.
- +Criminal defense for violations of the Labor Standards Act (including delayed payment of wages).