Health Care

Medical Healthcare

Healthcare team of OhKims Law & Company is effectively responding to various and complex legal issues arising from all businesses related to health care industries including medical, pharmaceutical, bio-venture, medical devices, foods and cosmetics.
Healthcare team of OhKims Law & Company is comprised of experts who have practical experiences in the health care industry for years by working at medical institutes, association of medical personnel, national assembly, Ministry of Health and Welfare and its affiliated organizations, pharmaceutical companies, medical device companies and insurance companies. 
Advanced understanding and experiences which these experts have is combined with expertise in industry-specific regulations, intellectual properties, corporate advice, fair trade, lawsuits, and arbitrations. Through that, we understand the client's request immediately and efficiently present solutions to the problems.
Practice Areas
OhKims Law & Company is reinforcing the expertise by collaborating with lawyers who have practical experience in healthcare industry and outside experts (specialists). OhKims Law & Company provides industry-leading legal service for health care and medical disputes.

Healthcare team of OhKims Law & Company is effectively responding to various and complex legal issues arising from all businesses related to health care industries including medical, pharmaceutical, bio-venture, medical devices, foods and cosmetics.
Healthcare team of OhKims Law & Company is comprised of experts who have practical experiences in the health care industry for years by working at medical institutes, association of medical personnel, national assembly, Ministry of Health and Welfare and its affiliated organizations, pharmaceutical companies, medical device companies and insurance companies. 
Advanced understanding and experiences which these experts have is combined with expertise in industry-specific regulations, intellectual properties, corporate advice, fair trade, lawsuits, and arbitrations. Through that, we understand the client's request immediately and efficiently present solutions to the problems.


Practice Areas
OhKims Law & Company is reinforcing the expertise by collaborating with lawyers who have practical experience in healthcare industry and outside experts (specialists). OhKims Law & Company provides industry-leading legal service for health care and medical disputes.


Medical institutes and medical 
personnel related services

Civil litigation: 

Medical malpractice suit, settlement and coordination of disputes between doctor and patient, disputes with private insurance companies (Suit on offsetting profit and loss), settlement of disputes between partners

Administrative litigation: 

Response to violations of medical laws and National Health Insurance Act, advisory on medical corporation

Criminal litigation: 

Rebate, professional negligence resulting in death, accusation for fraud by violation of National Health Insurance Act, insurance fraud case Constitutional litigation: Constitutional complaint against medical relations laws such as medical law and National Health Insurance Act

Advisory on hospital: 

Sales and acquisition of medical institutes, conclusion of partnership contract

Overseas expansion: 

Structural adjustment and legal advisory for overseas expansion of medical institute, support local partnership contract


Major Cases

  • First trial and trial on appeal for violation case of National Health Insurance Act of nursing hospital
  • A number of civil lawsuits related to medical accidents including suits on the death of inpatient in a mental hospital
  • A number of responses related to administrative disposition against violation of medical law by non-medical practitioners
  • Response to local inspection of Health Insurance Review & Assessment Service (HIRA) due to the violation of National Health Insurance Act and take in charge of administrative lawsuits
  • Lawsuit on Mammotome (ongoing)
  • Response to administrative disposition for violation of advertising related regulations of medical law
  • A number of responses to criminal lawsuits against rebate
  • Claims for compensations against sexual harassment of patients
  • Claims for amount obtained by unjust enrichment related to wage of oo medical institute
  • Advisory on minimizing damages from administrative disposition (suspension of operation)
  • Advisory on establishment and special purpose company for overseas expansion of hospital
  • Advisory on management contract of oo hospital for consignment of hospital in Hongqiao, Shanghai
  • Advisory on establishment of oo hospital in Kota Kinabalu, Malaysia
  • Advisory on inheritance and donation of medical personnel
  • Advisory on legal risk for private investment of medical personnel
  • Advisory on disposition by FDA of professor ooo of oo medical center
  • Advisory on establishment and operation of the largest cooperative union of individual doctors
  • Constitutional appeal related to terms of military service of public health doctors
  • Class suit of victims of oo dental clinic in Sinsa-dong
  • Lawsuit on qualification of graduates of overseas collage of medicine / dental college to take examination
  • Various administrative suits related to specialist system
  • Provide various advices and litigation for Korean Dental Association
  • Provide advice on disposal of medical wastes

Services related to medical, pharmaceutical, bio-venture, medical devices, foods, cosmetics and life insurance companies

Advisory on compliance / law-observance

Advisory on compliance of pharmacy law, Medical Appliances Act, Cosmetics Act and Fair Trade Act. The company establishes, maintains and supplements related corporate regulations such as internal regulations that set the matters to be complied in relation to health care professionals, internal regulations for personnel of sales and marketing and internal regulations on promotional activities, and provides necessary advices in all processes that efficiently train and communicate to employees. The company also serves as agent for investigation, measures and disposition by relevant authorities such as Ministry of Health and Welfare, KFDA, Fair Trade Commission, police and prosecution.

Protection of infringement of patent / intellectual property

Advisory on disputes related to patent-approval linkage and pharmaceutical and bio patents

Management of product liability law and client-related crisis

Provide advice at all levels from prevention to crisis management and defense of lawsuits on various issues related to product liability law and respond to the press (Execute procedures of Press Arbitration Commission Committee)

Merger and Acquisition (M&A) and shake out

Provide advices on the merger, acquisition, spilt-up, establishment of joint venture and integration of business sectors in the field of health and medical industry.

Advisory on RA (Regulatory affairs)

Advisory on registration of paybill lists and item permission of medicine and medical supplies and medical devices

Advisory on clinical tests

Acquire approval for clinical test from FDA, sign a contract for clinical test with clinical institutes and researcher and response to requirements of compensation in case of occurrence of victims

Labeling and advertisement

Responses to the violation of labeling and advertisement of KFDA or police ∙ prosecution. Review compliances with labeling of medical devices, foods and cosmetics

Major Cases


  • Advisory on medical corporation of subsidiary by large-scale pharmaceutical companies (MSO, opening branch office, etc.)
  • Advisory on acquisition of listed company in the field of electronic chart by large-scale pharmaceutical companies
  • Class action lawsuit for Invossa victims (ongoing)
  • Dispute on management right of M Medical Device Company
  • Lawsuit for transfer agent claim related to management rights
  • Provide agent service for accusation of employee’s embezzlement
  • Civil lawsuit for state-support project
  • Preliminary injunction against execution of convertible right of medical device company
  • A number of criminal cases (Fraud, forgery of a private document, embezzlement, etc.)
  • Respond to rebated related investigation of A Pharmaceutical Company and provide advice on owner risk
  • Provide agent service for accusation against leakage of business confidential information of M Company
  • Advisory on overseas JV establishment of B Medical Device Company (advisory on foreign exchange transaction act)
  • Advisory on investment of convertible preferred stock of A Medical Device Company
  • Advisory on IPO (listing) of B Medical Device Company
  • Advisory on election for president of association of medical personnel
  • Advisory on administrative guidance of Fair Trade Commission in regard with terms and conditions
  • Provide GLG industry advisory service (Private equity fund in Hong Kong and Korea)
  • Advisory on paybill of health insurance of oo Dental Medical Device Company
  • Advisory on supply contract in Taiwan of B Medical Device Company
  • Advisory on application for permission of items from domestic subsidiary of Japanese Medical Device Company
  • Advisory on spin-off of in-house venture of Japanese multinational pharmaceutical companies
  • Advisory on general affairs of Swiss Oral Products Company
  • Advisory on acquisition of Taiwan IT company and CT and X-ray company
  • Advisory on acquisition of another CRO company of clinical test agency Q (transfer permission)
  • Application of patent and trademark for the largest mask pack manufacturer in Korea
  • Advisory on responses of administrative guidance for medical advertisement of implant specialized dental clinic
  • Advisory on medical law of Swiss Life Insurance Company oo
  • Provide advice on insurance fraud to Korea Life Insurance Association
  • Advisory on establishment and investment of nano technology based bio-venture
  • Advisory on investment of melanin technology based bio-venture
  • Provide agent service for lawsuits against infringement of patent and Unfair Competition Prevention Act to Q-ray technology based bio-venture company
  • Advisory on design of stock option of domestic subsidiary of skin regeneration technology based bio-venture in Singapore






Medical institutes and medical personnel related services



Civil litigation: Medical malpractice suit, settlement and coordination of disputes between doctor and patient, disputes with private insurance companies (Suit on offsetting profit and loss), settlement of disputes between partners
Administrative litigation: Response to violations of medical laws and National Health Insurance Act, advisory on medical corporation
Criminal litigation: Rebate, professional negligence resulting in death, accusation for fraud by violation of National Health Insurance Act, insurance fraud case Constitutional litigation: Constitutional complaint against medical relations laws such as medical law and National Health Insurance Act
Advisory on hospital: Sales and acquisition of medical institutes, conclusion of partnership contract
Overseas expansion: Structural adjustment and legal advisory for overseas expansion of medical institute, support local partnership contract





Major Cases


  • First trial and trial on appeal for violation case of National Health Insurance Act of nursing hospital
  • A number of civil lawsuits related to medical accidents including suits on the death of inpatient in a mental hospital
  • A number of responses related to administrative disposition against violation of medical law by non-medical practitioners
  • Response to local inspection of Health Insurance Review & Assessment Service (HIRA) due to the violation of National Health Insurance Act and take in charge of administrative lawsuits
  • Lawsuit on Mammotome (ongoing)
  • Response to administrative disposition for violation of advertising related regulations of medical law
  • A number of responses to criminal lawsuits against rebate
  • Claims for compensations against sexual harassment of patients
  • Claims for amount obtained by unjust enrichment related to wage of oo medical institute
  • Advisory on minimizing damages from administrative disposition (suspension of operation)
  • Advisory on establishment and special purpose company for overseas expansion of hospital
  • Advisory on management contract of oo hospital for consignment of hospital in Hongqiao, Shanghai



  • Advisory on establishment and special purpose company for overseas expansion of hospital
  • Advisory on management contract of oo hospital for consignment of hospital in Hongqiao, Shanghai
  • Advisory on establishment of oo hospital in Kota Kinabalu, Malaysia
  • Advisory on inheritance and donation of medical personnel
  • Advisory on legal risk for private investment of medical personnel
  • Advisory on disposition by FDA of professor ooo of oo medical center
  • Advisory on establishment and operation of the largest cooperative union of individual doctors
  • Constitutional appeal related to terms of military service of public health doctors
  • Class suit of victims of oo dental clinic in Sinsa-dong
  • Lawsuit on qualification of graduates of overseas collage of medicine / dental college to take examination
  • Various administrative suits related to specialist system
  • Provide various advices and litigation for Korean Dental Association
  • Provide advice on disposal of medical wastes















Services related to medical, pharmaceutical, bio-venture, medical devices, foods, cosmetics and life insurance companies



Advisory on compliance / law-observance

Advisory on compliance of pharmacy law, Medical Appliances Act, Cosmetics Act and Fair Trade Act. The company establishes, maintains and supplements related corporate regulations such as internal regulations that set the matters to be complied in relation to health care professionals, internal regulations for personnel of sales and marketing and internal regulations on promotional activities, and provides necessary advices in all processes that efficiently train and communicate to employees. The company also serves as agent for investigation, measures and disposition by relevant authorities such as Ministry of Health and Welfare, KFDA, Fair Trade Commission, police and prosecution.

Protection of infringement of patent / intellectual property

Advisory on disputes related to patent-approval linkage and pharmaceutical and bio patents


Management of product liability law and client-related crisis

Provide advice at all levels from prevention to crisis management and defense of lawsuits on various issues related to product liability law and respond to the press (Execute procedures of Press Arbitration Commission Committee)

 

Merger and Acquisition (M&A) and shake out

Provide advices on the merger, acquisition, spilt-up, establishment of joint venture and integration of business sectors in the field of health and medical industry.
 

Advisory on RA (Regulatory affairs)

Advisory on registration of paybill lists and item permission of medicine and medical supplies and medical devices
 

Advisory on clinical tests

Acquire approval for clinical test from FDA, sign a contract for clinical test with clinical institutes and researcher and response to requirements of compensation in case of occurrence of victims

 

Labeling and advertisement

Responses to the violation of labeling and advertisement of KFDA or police ∙ prosecution. Review compliances with labeling of medical devices, foods and cosmetics


Major Cases


  • Advisory on medical corporation of subsidiary by large-scale pharmaceutical companies (MSO, opening branch office, etc.)
  • Advisory on acquisition of listed company in the field of electronic chart by large-scale pharmaceutical companies
  • Class action lawsuit for Invossa victims (ongoing)
  • Dispute on management right of M Medical Device Company
  • Lawsuit for transfer agent claim related to management rights
  • Provide agent service for accusation of employee’s embezzlement
  • Civil lawsuit for state-support project
  • Preliminary injunction against execution of convertible right of medical device company
  • A number of criminal cases (Fraud, forgery of a private document, embezzlement, etc.)
  • Respond to rebated related investigation of A Pharmaceutical Company and provide advice on owner risk
  • Provide agent service for accusation against leakage of business confidential information of M Company
  • Advisory on overseas JV establishment of B Medical Device Company (advisory on foreign exchange transaction act)
  • Advisory on investment of convertible preferred stock of A Medical Device Company
  • Advisory on IPO (listing) of B Medical Device Company
  • Advisory on election for president of association of medical personnel
  • Advisory on administrative guidance of Fair Trade Commission in regard with terms and conditions
  • Provide GLG industry advisory service (Private equity fund in Hong Kong and Korea)
  •  Advisory on paybill of health insurance of oo Dental Medical Device Company
  • Advisory on supply contract in Taiwan of B Medical Device Company
  • Advisory on application for permission of items from domestic subsidiary of Japanese Medical Device Company
  • Advisory on spin-off of in-house venture of Japanese multinational pharmaceutical companies
  • Advisory on general affairs of Swiss Oral Products Company
  • Advisory on acquisition of Taiwan IT company and CT and X-ray company
  • Advisory on acquisition of another CRO company of clinical test agency Q (transfer permission)
  • Application of patent and trademark for the largest mask pack manufacturer in Korea
  • Advisory on responses of administrative guidance for medical advertisement of implant specialized dental clinic
  • Advisory on medical law of Swiss Life Insurance Company oo
  • Provide advice on insurance fraud to Korea Life Insurance Association
  • Advisory on establishment and investment of nano technology based bio-venture
  • Advisory on investment of melanin technology based bio-venture
  • Provide agent service for lawsuits against infringement of patent and Unfair Competition Prevention Act to Q-ray technology based bio-venture company
  • Advisory on design of stock option of domestic subsidiary of skin regeneration technology based bio-venture in Singapore






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Representative Lawyer


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Lawyer


Lawyer

LEADING EXPERTS








Representative Lawyer
Yongbeom Kim
Lawyer
Dahee Park

Partner LawyerTaeseop Um
Lawyer
Hyundong Song

Partner Lawyer
Ohhun Kwon











OhKims Law & Company ⎪ 
CEO: Sungheon Oh, Yongbeom Kim        

Business Licence: 349-81-01238

Seoul Office: 6th floor, Seongdo Building, Dosan-daero 207, Gangnam-gu, Seoul  
Gwang-gyo Office: 208, Building A, 7-2, Gwanggyojungang-ro 248beon-gil, Yeongtong-gu, Suwon-si, Gyeonggi-do, Republic of Korea 

Contact: 02-538-5886

Personal Information Manager: Joonwoo Kang

Copyright ⓒ 2017 ohkimslaw.com. All Rights Reserved.


OhKims Law & CompanyCEO: Sungheon Oh, Yongbeom Kim        

Business Licence: 349-81-01238

Seoul Office: 6th floor, Seongdo Building, Dosan-daero 207, Gangnam-gu, Seoul  
Gwang-gyo Office: 208, Building A, 7-2, Gwanggyojungang-ro 248beon-gil, Yeongtong-gu, Suwon-si, Gyeonggi-do, Republic of Korea 

Contact: 02-538-5886

Personal Information Manager: Joonwoo Kang

Copyright ⓒ 2017 ohkimslaw.com. All Rights Reserved.