"We Will Protect the Brand Value of Artists"

Attorney Kim Munhee, Yulchon Media & Entertainment Team

"The era of focusing solely on legal principles and winning lawsuits is over."

The essence of entertainment disputes lies in preserving the value of entertainers. Given the industry's unique characteristic of "trial by public opinion" preceding legal proceedings, the process is just as important as the result. The core of entertainment legal affairs is to read, analyze, and judge this flow.

Yulchon LLC has launched a "Media & Entertainment Team" consisting of 23 members, including partner lawyers specializing in IP, corporate law & finance (C&F), tax, labor, and criminal law, as well as accountants, with attorney Kim Munhee (Judicial Research and Training Institute 34th class) at the center. Among large law firms, Yulchon is the first to establish a dedicated entertainment team.

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The following is a Q&A with attorney Kim.

- It is unusual for a major law firm to create a dedicated entertainment team.

"I have focused exclusively on entertainment. It has now been two years since I rejoined Yulchon, and through collaboration with various groups of lawyers, I have gained confidence. Our attorneys' experience with cases and understanding of the entertainment sector have now reached a level where we can truly operate as 'one team.' Our presence in the market becomes much stronger when we move as a team. While team members may change, the essence of the 'Media Entertainment Team' will remain intact."

- What are the current issues in entertainment?

"The clear keyword right now is the 'one-person corporation.' Not only entertainers but also creators are increasingly establishing their own corporations.

The problem lies in the initial setup. Many focus solely on tax-saving effects based on tax experts’ advice, often neglecting the legal safeguards. Corporations without substantial foundations are like ticking time bombs.

Yulchon is a 'tax powerhouse.' We plan to deploy tax and labor experts from the inception of one-person corporations to ensure a meticulous structure. We will examine every clause of staff contracts. Of course, we will manage crises after they arise, but we also intend to focus on proactive consulting to address issues before they occur."

- What is the most critical misstep in responding to entertainment disputes?

"It is missing the flow. Most lawyers focus solely on whether they can win the case. However, if you approach entertainment cases that way, you risk ruining everything.

An entertainer is a brand. Even if you win a lawsuit, it is the worst outcome if the entertainer can no longer work. You have to decide during the golden time whether to go for a hardline approach or a flexible response. If you fail to anticipate how the public will perceive the situation or how far the impact will spread, you end up with the worst possible response.

My philosophy is to prioritize protecting the client's brand value above all else. I gather all information, analyze situations from multiple angles, and refine strategies accordingly. It should never be a Pyrrhic victory."

- Recently, you represented Taemin of the group SHINee and achieved contract termination without dispute or conditions.

"Issues regarding exclusive contract terminations between entertainers and agencies are representative in this field. If not handled smoothly, both parties often end up hurt. Drawing on extensive experience built over the years, we were able to reach an amicable agreement without disputes or other conditions.

There was trust with the client, and we understood what the industry required. I believe that's what made this result possible.

Even after resolving such cases, I strive to maintain ongoing trust so that I become not just an attorney representing a case, but a partner who contemplates strategy together with the artist."

- Your team has established a risk response manual at the team level.

"Depending on the severity of the case, we are preparing an internal manual that classifies numerous past case data and outcomes, so that we can move efficiently regarding public opinion points and legal procedures. Most entertainment clients only seek help after an incident occurs.

Going to court is the easy route for lawyers, but it may not be the answer for the client. What matters more than a quick resolution is a 'clean and quiet' solution. That know-how is embedded in Yulchon’s Media Entertainment Team."

Reporter Woo Bin, The Law Times

※This article is based on content supplied by Law Times.

This content was produced with the assistance of AI translation services.