Sang-Hyeok Im

Practice Areas

Mr. Sang-Hyeok Im is a partner at Shin & Kim. Mr. Im’s practice focuses on resolving legal disputes related to media companies, contents business (such as broadcasting, internet, games, entertainment, sports, etc.).

Mr. Im provides legal advisory services (M&A, financing, development and distribution contract, etc.) and litigation services (copyright, defamation, privacy) to leading broadcasting stations and media contents companies. Based on his extensive experience, he provides one stop service ranging from project planning, contract, distribution, active or passive legal disputes to risk management for media contents companies.

Mr. Im is well-known as a lawyer specializing in the areas of cultural and entertainment and is dubbed by the media as “icon in various media disputes” “Korea’s best lawyer in entertainment” “the leading lawyer in the cultural industry” “An expert in contents disputes involving copyrights of IP and IT”. He has been interviewed on Korea’s cultural industry not only by Korean media, but also by famous global media networks such as CNN of the U.S., BBC of the U.K. and NHK of Japan.

With the evolution of technology, the business environment surrounding media contents companies is changing on a daily basis. In the midst of such transition, government policies and relevant laws and regulations are also quickly revised, while generating new precedents. Based on up-to-date information and extensive experience, Mr. Im offers the best fitting solutions in this ever changing business environment by capturing the trends and changes in the market, as well as the needs of clients.

Career

Shin & Kim LLC (2009-Present)

Dreier Stein & Kahan LLP, Los Angeles U.S.A. (2008)

Lee International IP & Law Group , Seoul Korea (2003-2007)

Judicial Research and Training Institute, Supreme Court of Korea (2003)

Professional Memberships

Korean Bar

Patent Bar, Korea

Publications

Guidelines on Fair Use under the Copyright Act with respect to Learning of Works by Generative Artificial Intelligence (Ministry of Culture, Sports and Tourism, Korea Copyright Commission, 2026. 2.)

Artificial Intelligence Law (Korean Association for Artificial Intelligence and Law (Co-authored), Pakyoungsa, Feb. 2024)

Standard Agreements Between Professional Athletic Teams and Players (Soccer, Baseball, Basketball and Volleyball) and Commentaries (study requested by Korea Professional Sports Association, Sep. 2021)

Research of standard work regulations of copyright agent brokerage business and establishment of standard agreement (Ministry of Culture, Sports and Tourism research project, Dec. 2020)

Analysis of important court precedents by field in 2019 – Entertainment (July 23, 2020, The Law Times)

Analysis and Solution of Trade Issues in Exporting Copyrights (Ministry of Culture, Sports and Tourism Korea, Copyright Commission, Research Project, 2019. 12.)

Field-Specific Analysis on Important Cases in 2018-Entertainment (August 8, 2019, The Lawtimes)

Notable Cases in Advertisement Industry (Korea Advertising Law Society (Co-authored), Korea Internet Advertising Foundation, Jul. 2019)

Guidebook for Operation of Galleries and Distribution of Artworks (Galleries Association of Korea (Co-authored), Mar. 2019)

Artificial Intelligence and Law (Korean Association for Artificial Intelligence and Law (Co-authored), Pakyoungsa, Mar. 2019)

Report on Research and Development of Standard Agreements in the Arts Sector (Government assignment by Ministry of Culture, Sports and Tourism, Dec. 2018)

Field-Specific Analysis on Important Cases in 2017-Entertainment (September 13, 2018, The Lawtimes)

Legal Issues in Game Broadcasting – with a focus on live broadcasting of e-Sports – (10th Annual Conference Presentation, Dec. 7, 2018, Korean Game Law And Policy Society)

Field-Specific Analysis on Important Cases in 2016-Entertainment (September 14, 2017, The Lawtimes)

Study on the limitations of publicity rights (Seoul National University Law Research Institute, Law Study Series No. 78, KyungIn Publishing, Sept. 2018)

Commentary on Laws and Regulations related to Cultural Heritage (Co-authored, LOKE, Aug. 2018)

Determining factors in the success of contents distribution and digital platform businesses – Supreme Court rules that embedded links assist infringement against the right of public transmission – (Broadcasting Culture, No. 412, Spring, 2018, Korean Broadcasters Association)

Global Content Dispute and ADR (2017 International Forum on Content Dispute Resolution, November 9, 2017, KOCCA)

Study of copyright laws in relation to real-time broadcasting services (Broadcasting Culture, Autumn, 2017, Sept. 2017, Korean Broadcasters Association)

A Comparative Study of Court Decisions on the Standard of ‘Creativity’ and ‘Substantial Similarity’ in Music Plagiarism Lawsuits (Law Review Vol. 7, May, 2017, Seoul National University School of Law)

Plagiarism disputes and authors’ rights (Monthly Copyright Culture, April, 2017 Korea Copyright Commission)

Research on the Right of Publicity Limitations -with Focus on Relation to Freedom of Expression- (Seoul National University, J.S.D. Thesis, 2017)

Field-Specific Analysis on Important Cases in 2015-Entertainment (August 25, 2016, The Lawtimes)

Informedia Law Precedents Ⅱ (Korea Association For Informedia Law, Pakyoungsa, 2016, co-authored)

Can the provisions of special cases concerning cinematographic works in Article 99 of the Copyright Act be applicable to musical works? (The Monthly Copyright Culture, March 2016, Korea Copyright Commission)

Types and Cases of International Disputes on SW and Game area (2015 WIPO-KCC Seminar, September 2015)

Recent Case Trend of Copyright Originating from Broadcasting (Korea Cable Television Association, September 2015)

Field-Specific Analysis on Important Cases in 2014-Entertainment (August 27, 2015, The Lawtimes)

Changes in the media use environment and future of the terrestrial television broadcasting – content distribution discussed from the perspective of copyright (Broadcasting Culture Monthly, Nov. 2014, Korea Broadcasters Association)

Homage and plagiarism, the limit of application of laws (The Monthly Copyright Culture, Nov. 2014, Korea Copyright Commission)

Copyright transfer, standard licensing agreement and commentaries (Study commissioned by the Ministry of Culture, Sports and Tourism, Oct. 2014)

Simplified Licensing – Focusing on the expanded concentrated management system (Presentation at the 7th Seoul Copyright Forum, Oct. 8, 2014)

Legal liability of the media which reported the hearsay circulating in the securities market circiles (Press Abitration, a quarterly journal, summer edition, 2014, Press Arbitration Commission)

Whether the right to reproduce is infringed by temporary copying, with emphasis on the ‘open-capture incident’ (The Monthly Copyright Culture, June 2014 edition, Korea Copyright Commission)

Work Highlights

Copyright

Provided various advisory services for the Ministry of Culture, Sports and Tourism and other government agencies, internet portal sites and IT companies, including Naver, and broadcasting companies and drama productions, including the interpretation of IT-related laws such as the Copyright Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., review of potential issues, preparation of license agreements (in Korean, English and Chinese, etc.), provision of opinion regarding a dispute, and legal representation in proceedings

Various litigations related to the Copyright Act: A lawsuit questioning the constitutionality of Article 29 of the Copyright Act, administrative lawsuit related to Article 29 of the Enforcement Decree of the Copyright Act (store music), administrative disposition regarding copyright trust group and related administrative lawsuits and trials

Won eight cases of plagiarism of dramatic works consecutively (Mr. Im represented a Japanese game company to successfully persuade the court to impose a preliminary injunction on the broadcasting of the music video “Sonata of Temptation” of Ivy, and won six other cases of plagiarism consecutively, including the cases of MBC TV series “Queen Seondeok,” KBS TV series “Love Rain,” KBS TV series “Face of King,” musical “Rhokisoo,” movie “Assassination,” TV show “Star Descent,” produced jointly by Korea and China, and movie “The Tiger“)

Broadcasting

Won the copyright infringement case of illegal links (first ruling awarded to the unlawfulness of illegal linking behavior in a copyright infringement action against illegally linking programs on behalf of broadcasting companies)

Establishment of Korea Contents Platform (KCP), a U.S. local company distributing contents from Korea’s 3 terrestrial TVs.

Game, Internet and IT

Review of legal issues relating to various Artificial Intelligence (AI) services, including WAVE of Naver

Interpretation of the Act on Promotion of Information and Communications Network Utilization and Information Protect, etc., the Game Industry Promotion Act, the Personal Information Protection Act, etc. and examination of new projects: Launch of Naver’s Internet broadcasting program “V,” etc.

Strategic business alliance: Mr. Im entered into a cross-shareholding transaction amounting to KRW 380 billion, strategic business-alliance contract, etc. between NC Soft and Netmarble Games

Entertainment

Conclusion of global investment agreements on various contents, including TV series and movies, produced by domestic or foreign investors, broadcasters, producers, etc.: M&A deal of the Korean listed company Candle Media, acquisition of the publication right of the animation “Robot Taekwon V,” etc.

Served as intermediary or legal counsel for the conclusion of various agreements on the assignment or permission for use of contents and in cases of infringement of the right of likeness/publicity, conclusion and violation of advertising agreements, etc.

Disputes over exclusive contracts: Mr. Im conducted negotiations and served as legal counsel in the case of injunction for an exclusive contract of the Korean idol group Dong Bang Sin Ki(represented the Korean idol group JYJ), case of an exclusive contract of the Korea idol group KARA(represented the entertainment company), etc.

Sports

Disputes over sports relay broadcasting rights: Disputes over exclusive right of relay broadcasting(2010 Vancouver Winter Olympics, 2010 FIFA World Cup South Africa), contracts on KBO/US Major League/German Bundesliga relay broadcasting rights, etc.

Disputes over disciplinary actions against athletes: Mr. Im won a case of confirmation of nullity of disciplinary action against a member of the Korean national luge team.

Education