Hyo Jong Choi

Practice Areas

• Insolvency (Restructuring)

• General Corporate Advisory

• M&A and Private Equity

Career

• Past) Attorney at Shin & Kim (2005-2014)

​• Past) Attorney at Yulwoo Law Firm (2015)

​• Past) Legal Director, Oracle Medical Group (2016)

​• Past) Director, Legal Department, Homeplus (2017)

​• Past) DR & AJU, LLC (2018-2023)

​• Current) Auditor, Insolvency Law Research Association (2021- )

​• Current) Auditor, Insolvency Law Research Association (2013- )

• Current) Seoul Bankruptcy Court, Corporate Bankruptcy Trustee (2023~)

​• Current) LIN

Professional Memberships

​• Attorney at law (Korean Bar)

Publications

​• Korea Chapter in Getting the Deal Through - Restructuring and Insolvency (co-authored) (2010)

​• Current Status of Corporate Rehabilitation Procedures and Proposals for Improvement (Rehabilitation and Bankruptcy Vol 1 Judicial Development Foundation) (2012)

​• Focusing on the Corporate Restructuring Promotion Act and DIP Principles (BFL No. 64, Seoul National University Center for Financial Law) (2014)

​• Opinion on the Recognition of a Claim for Direct Implementation of a New Credit Provision Resolution under the Corporate Restructuring Promotion Act (Law Society of Korea No. 705) (2015)

​• Empirical Study on Golf Course Rehabilitation Proceedings in the 2010s (Law Society of Korea No. 732) (2018)

​• Remarks on the Treatment of Formation Rights in Insolvency Proceedings (Insolvency Law Research, Vol. 10, No. 2) (2020)

​• Some Issues in the Practice of Construction Company Rehabilitation Proceedings, Focusing on Joint Receiver Relationships (Insolvency Law Review, Vol. 11, No. 1) (2021)

​• Relationship between Pre-Approval M&A in the Form of Third Party Allotment and Article 27 of the Sports Facilities Act (Insolvency Law Review, Vol. 11, No. 2) (2021)

​• Economic Analysis of Collateralized Trusts, Focusing on the Problem of Insolvency Insulation (Korean Society of Law and Economics) (2023)

​• Published presentations and case analyses in books such as Selected Other Bankruptcy Cases (Youngsa Park, 2021), What Makes a Winning Law Firm Different (Youngsa Park, 2022), etc.

Languages Spoken

• Korean

• English

Work Highlights

• Advised Eastar Airlines on the acquisition of Stalking Horse M&A prior to approval of rehabilitation proceedings (2021)

• Advised Ssangyong Motors on its first and second rehabilitation proceedings and M&A sale (2022, 2010-2011)

• Won a KRW 40 billion transfer claim in connection with a UK tax lease for Daehan Shipping (2021)

• Advised Mesh Korea (Bureung) on application for initiation of rehabilitation proceedings (2022)

• Advised Celltech on the sale of Stalking Horse M&A before authorization of rehabilitation proceedings (2022)

• Advised SPC Samlip on M&A acquisition of a food material distributor (2021)

• Legal Advice on AIMMED Investment (2021)

• Won a lawsuit against National Railroad Corporation in connection with KRW 10 billion public interest bonds for Changdong Station (2021)

• Advised Hanf on the sale of Stalking Horse M&A before authorization of rehabilitation proceedings (2020)

• Advised on the acquisition of several rehabilitated golf courses, including Art Valley, St. Pau, and Adelscourt (2014- 2019)

• Represented Hanjin Shipping in civil litigation regarding foundation bonds (2017-2020)

• Applied for and advised on the rehabilitation of three Dongyang Group companies, including Dongyang (2013-2015)

• Represented Toshiba Samsung Storage Technology Korea in filing for Ch.15 in the U.S. Bankruptcy Court (2016)

• Advised creditors in Woongjin Holdings' reorganization proceedings and conducted confirmation trial on reorganization bonds (2012-2014)

• Advised creditors in STX Pan Ocean's reorganization proceedings and conducted confirmation proceedings (2013-2015)

• Advised on the rehabilitation process of Kyungnam Corporation and conducted the confirmation trial of the rehabilitation bond investigation (2015-2017)

• Represented members of Anseong Q Golf Course in reappealing the Supreme Court's decision to approve a rehabilitation plan (2014-2016)

• Advised KT ENS on application for initiation of rehabilitation proceedings (2014-2015)

• Represented Busan Savings Bank Group Bankruptcy Foundation in denial of deposit overdraft case (2011-2014)

Experience

• Presentations at the East Asian Insolvency Law Symposium - P-Plan Case Study and more (2014, 2016, 2018, 2019)

• Lectures at Seoul National University School of Law, Financial Law Course - Issues in Insolvency Law Case Study (2015, 2018)

• Lectures at the Seoul District Bar Association Insolvency Law Training Center - Right of Setoff (2017-2023)

• Outside Member of M&A System Improvement TF, Seoul Central Bankruptcy Court (2021)

• Lecturer at the 45th Corporate Recovery Specialist Training Program of the Korea Federation of Business Administrators - Status and Responsibilities of an Administrator (2019)

• Presentation at the Supreme Court Insolvency Law Study Group - Future of Debtor Recovery Law (Corporate Recovery) (2016)

• Presentation at the Joint Seminar on the 1st Anniversary of the Opening of the Seoul Bankruptcy Court - Achievements and Implications of the Prompt Act (2018)

• Lecture at the Seoul District Bar Association's 10th Compulsory Training for Lawyers (Insolvency Law) - Workout Practice (2019)

• Panel Discussion at the Korea Securities Association's Corporate Restructuring Forum - Post-COVID-19 Restructuring Issues (2020)

• Lecture at the Seoul District Bar Association's Rehabilitation and Bankruptcy Community - Issues in the Ssangyong Motor Company Rehabilitation Process (2011)

• Various in-house lectures on insolvency law, including seminar presentations at the Korea Insolvency and Bankruptcy Law Society and the Insolvency Law Research Society

Personal

Mr. Choi is currently a partner and the head of the Insolvency & Bankruptcy Team at Lin Law Firm. Mr. Choi has advised and litigated numerous corporate rehabilitation and bankruptcy cases, including Ssangyong Motor, Tongyang Group, Woongjin Group, STX Pan Ocean, Kyungnam Enterprises, Anseong Q Golf Course, Hanjin Shipping, Korea Line and Eastar Jet, and has published several insolvency law articles in major Korean legal journals, as well as been invited to various external organizations, including the Supreme Court, Seoul Rehabilitation Court, Seoul National University Law School, Seoul District Bar Association, and the Korea Association of Business Executives, as a lecturer and a speaker on insolvency law. In particular, Mr. Choi has been involved in all of Korea's most prominent landmark rehabilitation M&A cases since the COVID-19 pandemic in 2020, including serving as the head of acquisition legal advisory for Eastar Jet, where he actively assisted the buyer in its successful acquisition, and Ssangyong Motors in its M&A process, where he served as the lead legal advisor to the buyer. These accomplishments have solidified Mr. Choi's reputation as one of the foremost lawyers in the field of insolvency law in Korea.

Education