[Invest&Law] Seoul High Court Fair Trade Division ‘Man Power’

54 Judges Served Over 10 Years
5 Supreme Court Justices and 11 From Major Law Firms Produced

What roles are legal professionals who previously served as judges in the Seoul High Court’s Fair Trade Division (currently the 3rd, 6th, and 7th divisions), known for their uniqueness and distinctiveness, currently playing in the legal field? Cases appealing decisions made by the Fair Trade Commission follow a “two-tier system” that only passes through the High Court and the Supreme Court. Because of this, there is always a high demand for judges with expertise in fair trade cases.

Typically, judges with expertise in each type of case are represented by those who have served as Supreme Court Joint Trial Research Officers (Joint Division). Currently, the Joint Division is composed of the “Constitutional and Administrative Division,” “Civil Division,” “Criminal Division,” “Commercial Division,” “Labor Division,” “Tax Division,” and “Intellectual Property Division.” There is no separate “Fair Trade Division,” so fair trade cases are also handled within the “Constitutional and Administrative Division.” For this reason, judges from the Seoul High Court’s Fair Trade Division are regarded as leading fair trade experts.

Over the past decade, a total of 54 judges have passed through the Seoul High Court Fair Trade Division. A comprehensive survey of these judges confirmed that five of them have become Supreme Court Justices. The key figures are Supreme Court Justices No Tae-ak, Oh Kyung-mi, No Kyung-pil, Lee Sook-yeon, and former Supreme Court Justice Lee Dong-won, who retired in August. Additionally, Lee Sang-joo, President of the Suwon High Court, also served in the Seoul High Court Fair Trade Division.

As public interest in fair trade cases grows and the enforcement stance on fair trade violations strengthens, the importance of this field is gradually increasing. Consequently, judges from the Fair Trade Division are often the top recruitment priority for major law firms. Among the 17 judges who have left the judiciary, 11 have been recruited by large law firms. Kim & Chang Law Office and Law Firm Sejong each hired three judges, the highest numbers, followed by Law Firm Bae, Kim & Lee, Law Firm Kwangjang, Law Firm Yulchon, Law Firm Jipyung, and YK Law Firm, each hiring one. Heavyweight firms such as Law Firm Haegwang and Pyeongsan also each employed one. Additionally, one judge each is affiliated with Law Firm Seopyeong, Sanji, Dadam, and the law office Ijak.

There are also individuals who moved to corporations, such as Lee Jung-hwan, Vice President of Samsung Electronics, and those who transitioned to academia, like Professor Jung Jae-hoon of Ewha Womans University Law School.

A lawyer from a major law firm’s fair trade team said, “As fair trade issues become increasingly important for corporations and others, law firms recognize the importance of recruiting talent with expertise in fair trade. Since there is no separate Fair Trade Division in the Supreme Court, judges currently serving in the Seoul High Court’s 3rd, 6th, and 7th divisions are prioritized for recruitment by major law firms.”

Legal Times reporters Park Soo-yeon and Ahn Jae-myung