분야소개
The Food & Pharmaceutical Team of Barun Law LLC consists of lawyers who have abundant experience of dealing with cases of large companies and SMEs engaging in food, pharmaceutical and cosmetics sectors. Our lawyers provide comprehensive legal services on various legal issues and help clients resolve disputes arising in the rapidly growing food and pharmaceutical industry such as food, hygiene goods, pharmaceutical goods, bio, cosmetics, sanitary aids, herbal medicine and medical devices.
Our team provides clients with legal services for civil, criminal and administrative litigation and filing for licenses and permits with administrative offices and departments. We have a remarkable expertise and track record in dealing with the allegations of false and exaggerated advertisements of food and health supplements, the violations of food standards and specifications, business permits required by health supplement manufacturers and distributors, patent rights to pharmaceutical products, and the testing, trials and examination of cosmetics. Our team also published a book, “Explanation of the Korean Food Hygiene Act,” which was the result of our research efforts made in the food industry in March 2019.
주요업무분야
1. Food and Health Supplements
- Advisory and representation service in relation to the acquisition of business permits, reporting, registration, the report of manufacturing, and self-quality testing
- Advisory service in relation to the indication and advertising standards of food, verification and the submission of materials
- Advisory service and the submission of opinions in relation to responses to issues arising from hazardous food, and the detection of foreign substances
- Legal assistance for review of safety control against the actions taken by administrative offices such as officers’ access, inspection and collection of materials and goods
- Advice on design, certification and post-management in relation to HACCP and GMP
- Advice on and representation in administrative litigation and criminal trials
2. Pharmaceutical and Bio
- Advice on permits, declaration and registration of manufacturing, import and sale business of pharmaceutical products, the approval of items and reporting
- Advice on approval for a clinical test plan and safety management after the release of products
- Advice on standards, required indications, and advertising of pharmaceutical products and sanitary aids
- Advice on health insurance and the registration of items subject to health insurance benefits in relation to pharmaceutical goods and medical devices
- Advice on intellectual property rights
- Advice on and representation in administrative litigation and criminal trials
3. Cosmetics
- Advice on the registration and report of manufacturing and sale business of cosmetic products and examination of functional cosmetic products
- Advice on testing, inspection, examination and quality and safety management of cosmetic products
- Advice on the indication and advertising of cosmetic products and certification of natural and organic cosmetic products
- Advice on and representation in administrative litigation and criminal trials
대표사례
Food Industry
- Criminal Case for Violation of Health Functional Food Act: A criminal case related to the violation of the Health Functional Food Act involving advertisements for extracts of Cynanchum wilfordii.
- Criminal Case for Violations of the Import Food Act and Food Labeling and Advertising Act: A criminal case involving a frozen seafood importer for failure to disclose food additives, violating the Import Food Act and the Food Labeling and Advertising Act.
- Criminal Case for Violation of the Agricultural and Fishery Products Origin Act: A criminal case involving a livestock sales company for violating the Act on the Indication of the Origin of Agricultural and Fishery Products.
- Claim for Damages Against Daejeon FDA Office: A damages claim related to a malfunction of a radiative spectroscopy analyzer at the Daejeon Food and Drug Administration Office.
- Unfair Competition Injunction for a Famous Sulnongtang Restaurant: Preliminary injunction and main lawsuit regarding unfair competition concerning a famous Seolleongtang (i.e., ox bone soup) restaurant.
- Trademark Infringement Lawsuit for a Famous Snack Franchise: A lawsuit for trademark infringement involving a well-known snack franchise.
- Legal Advisory for Binggrae Co., Ltd.: Providing advisory services related to licensing, registration, reporting, and food labeling and advertising for Binggrae Co., Ltd.
- Advisory and Submission of Opinions on Misleading Advertising for PPL Products: Advising and submitting opinions regarding false and exaggerated advertising of PPL products.
- Advisory on Pesticide Residue Standards for Overseas Food Exporters: Providing advisory services regarding Korean pesticide residue standards to overseas food exporters.
- Advisory for the Korea Chamber of Commerce and Industry: Advisory services regarding amendments to food hygiene regulations to expand the scope of outdoor operations for food service businesses.
- Legal Advisory for a Wholesale Fruit Corporation: Providing legal advisory services to a wholesale fruit corporation.
Pharmaceuticals and Medical Devices
- Advisory and Criminal Case for Violating the Medical Service Act: Advisory and criminal case related to falsifying medical records and violations of the Medical Service Act.
- Advisory on Violations of the Medical Service Act for Medical Advertising: Providing advisory services on violations of the Medical Service Act in relation to medical advertising.
- Criminal Case on Patient Solicitation and Violation of the Medical Service Act: A criminal case involving violations of the Medical Service Act related to patient solicitation.
- Advisory on Rebate Issues for Pharmaceuticals and Medical Devices: Advisory services on whether offering pharmaceuticals and medical devices at low prices constitutes illegal rebates.
- Civil Lawsuit Related to Distribution Contracts for a Medical Device Sales Company: A civil lawsuit involving distribution contracts for a medical device sales company.
Cosmetics Industry
- Damages Claim for Contract Breach, Trademark Infringement, and Unfair Competition: A damages claim involving a cosmetics manufacturer and an OEM company for contract breach, trademark infringement, and unfair competition.
- Legal Advisory for Cosmetics Manufacturers and Responsible Sellers: Providing legal advisory services to cosmetics manufacturers and responsible sales companies.