Law Firm Won, led by attorneys Yoon Gi-won, Lee Yu-jeong, and Kim Kyung-hwan, announced on November 10 that it successfully held a seminar titled 'Changing Criminal Practices and Corporate Responses' on November 9 at the Posco Tower in Gangnam, Seoul.
The seminar aimed to examine the evolving investigative environment due to changes in the criminal justice system and to share response strategies that corporate legal and compliance officers, as well as in-house counsel, can utilize in real cases. Presenters provided insights into the system and shared practical cases they had handled, highlighting key considerations at each stage of an investigation.
In the first session, attorney Lim Chang-guk, a former deputy chief prosecutor at the Seoul Central District Prosecutors' Office and chief prosecutor at the Seoul Western District Prosecutors' Office, spoke on 'Understanding the Changed Investigation System and Corporate Response Strategies.' He explained that the restructuring of the investigation system has increased variables in case handling, making corporate response capabilities and attorneys' strategies more critical than ever.
Lim emphasized the need for companies to systematically manage relevant materials and assess legal risks in advance to mitigate the potential loss of evidence due to investigation delays.
In the second session, attorney Son Byeong-ho, who graduated from the Police Academy and has experience in the investigation division of the Dongjak Police Station and the Cyber Crime Investigation Unit, presented on 'Everything In-House Counsel Should Know About Police Investigations.'
He stressed that responding early in the investigation process, particularly with police or the Serious Crimes Investigation Unit, has become significantly more important than in the past. This shift is due to the abolition of the prosecution's oversight and the complete separation of investigation and prosecution, which has reduced the role of the prosecution office and given investigative agencies the authority to conclude their own investigations.
Son elaborated on the changed police investigation procedures, including appeals against non-prosecution decisions and responses to investigation delays, using real cases as examples. He noted that swift and thorough responses during the early stages of police investigations are crucial for managing corporate risks from both the complainant's and the suspect's perspectives.
He also highlighted the importance of suspects and victims actively exercising their rights before cases are transferred to the prosecution office. With the prohibition of direct supplementary investigations by prosecutors, it is essential to prepare and submit relevant documents and favorable evidence during the police investigation phase to ensure they reach the prosecutor.
In the third session, attorney Ko In-seon, who has experience as a prosecutor and as the head of the legal support team for the Seoul Metropolitan Government, discussed 'The Special Judicial Police Investigation System and Corporate Response Strategies.'
Ko pointed out the disparities in investigative capabilities among special judicial police officers, who investigate specific types of crimes while holding administrative positions. He noted that as of 2025, there are approximately 20,000 special judicial police officers across 35 central administrative agencies and 17 local governments, but many lack extensive investigative experience due to frequent departmental transfers.
He added that most agencies do not hire dedicated personnel for special judicial police work, with only about 20% of these officers focusing solely on such duties, while the remaining 80% also handle their original administrative responsibilities.
Ko also raised concerns about the lack of a cohesive system among special judicial police agencies. He explained that except for larger agencies like the Customs Service and the Ministry of Employment and Labor, many special judicial police officers do not use or have access to the Criminal Justice Information System (KICS), leading to cases being managed through Excel or paper records. This situation exposes suspects to the risk of being unaware of their case numbers for months or having their cases delayed or lost.
He forecasted changes in the investigative environment due to the restructuring of the criminal justice system. Ko noted that while the prosecution's oversight, which previously addressed many shortcomings of special judicial police, has been completely abolished, the prosecutor's direct control over cases has weakened. However, the chief prosecutor still retains the authority to request disciplinary actions or job exclusions against individual special judicial police officers.
He concluded by stating that since administrative officials fear audits and disciplinary actions, the mechanisms for controlling individual public servants remain significant for corporations.
Following the presentations, a Q&A session and networking opportunity took place. Attendees discussed issues they might encounter in corporate settings, such as choosing investigative agencies, responding to searches and seizures, and appealing non-prosecution decisions, while exploring specific response strategies.
* This article has been translated by AI.
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