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Expertise

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Criminal Defense (Litigation)

A High-Caliber Pool of Talent
The Criminal Defense (Litigation) Team of Lee & Ko is composed primarily of attorneys with judicial backgrounds who have handled a wide range of significant criminal cases before the criminal divisions of courts at every level — from the Supreme Court to the Seoul High Court, the Seoul Central District Court, and the Seoul Southern District Court — together with attorneys who possess extensive hands-on experience in investigative practice gained at the prosecution service and the police, as well as a diverse group of professionals including senior advisors, expert advisors, foreign legal consultants, certified public accountants, and patent attorneys.

The Team is accordingly structured as an optimal pool of talent capable of providing the most prompt, efficient, and precise defense in any type of criminal matter.


Sophisticated Expertise in Criminal Trials and Seamless Collaboration with Specialized Practice Teams
Inasmuch as criminal trials frequently entail grave consequences for personal liberty, they require a profound understanding of criminal litigation together with a substantial measure of practical expertise. Through its high-caliber pool of talent, the Criminal Defense (Litigation) Team of Lee & Ko satisfies this requirement and is positioned to deliver representation of the highest standard at trial.

Furthermore, as criminal matters have grown increasingly specialized by category — including corporate, financial, intellectual property, and fair trade matters, among others — the Team collaborates with the pertinent specialized practice groups to constitute dedicated task forces in which attorneys possessing expertise in the relevant field likewise participate. By virtue of such seamless collaboration, the Team is able to extend advisory capability of a high order to criminal trials as well.


Provision of a One-Stop Service
The Criminal Defense (Litigation) Team engages with each matter from the investigative stage or the specialized advisory stage onward, analyzing and reviewing the case from a perspective directed toward the eventual criminal trial. In so doing, the Team affords clients a more comprehensive and long-term response to their matters. 

Where a matter proceeds from investigation and advisory work through to criminal trial, the Team attains a fuller command of the case and, commencing at the investigative and advisory stages, undertakes preparation and response with the trial in contemplation, thereby endeavoring to secure a more favorable outcome.

In this manner, across a broad spectrum of criminal matters, the Team conducts active and effective defense work in the client's best interests — from the earliest stage of a case through to the conclusion of trial proceedings — and, by attaining outstanding results, provides a one-stop service that affords clients the fullest possible measure of satisfaction and assurance.
 
Expertise
  • Criminal Trials Relating to Corporate Matters, Including Breach of Trust, Embezzlement, and Management Control Disputes
Corporations today are confronted with a variety of criminal exposures, among them the question of whether conduct undertaken in connection with mergers and acquisitions constitutes breach of trust, the embezzlement of corporate funds by executives and employees, fraud arising in the course of transactional dealings, the obstruction of business in respect of commercial activities, and the question of whether particular conduct falls within the prohibitions imposed under the various special statutes. With respect to the diverse criminal risks to which corporations may find themselves exposed, Lee & Ko's Criminal Defense (Litigation) Team has consistently mounted a successful response, extending from the advisory stage through to the investigative and trial phases alike.
 
  • Criminal Trials Relating to Finance and Securities, Including Capital Markets and Virtual Asset Matters
Criminal trials in the finance and securities sphere demand both a high degree of expertise and a prompt response. Violations of the Capital Markets Act — among them the use of undisclosed material information and the manipulation of market prices — together with such related offenses as embezzlement and breach of trust, are capable of bearing not only upon the reputation and assets of the corporation and its executives and employees, but upon the very survival of the enterprise itself. Given the severity of these potential consequences, specialized criminal counsel is not a precaution but a requirement. Moreover, in the case of novel financial instruments such as virtual assets, in respect of which the governing statutory framework and the body of judicial precedent alike remain as yet unsettled, specialized knowledge of the subject matter and experience in the conduct of criminal trials assume an even greater importance. Lee & Ko's Criminal Defense (Litigation) Team not only commands recognized expertise in finance- and securities-related criminal trials, but further possesses the experience of having successfully conducted a substantial number of such trials. The Team will therefore prove the optimal choice for the secure protection of a client's rights.
 
  • Criminal Trials Relating to Violations of the Fair Trade Act and the Act on Fair Labeling and Advertising
The Korea Fair Trade Commission has of late adopted a markedly stringent posture toward unfair collaborative conduct, including cartel arrangements and other forms of concerted action, with the result that not only are substantial administrative surcharges imposed, but criminal referrals to the prosecution are also pursued. The increasing tendency to refer individual actors in addition to the corporate entity has, in particular, rendered the management of criminal risk exposure for executives and employees a matter of considerable significance. Through close and coordinated collaboration with its Antitrust & Competition Practice Group, Lee & Ko's Criminal Defense (Litigation) Team furnishes comprehensive representation spanning every phase of a matter—from the initial response to on-site inspections and other investigatory measures through to the conduct of trial proceedings—and has, on this basis, successfully concluded a substantial number of such engagements.
 
  • Criminal Trials Relating to Construction and Building Matters, Including Violations of the Serious Accidents Punishment Act
In coordinated collaboration with the specialist attorneys of its Serious Accidents Practice, Lee & Ko's Criminal Defense (Litigation) Team attends the site from the immediate aftermath of an incident in order to undertake the requisite review of documentary and evidentiary materials, and responds to initial investigative proceedings conducted by the regional labor authorities, the police, and other relevant authorities, so as to ensure that a consistent line of argumentation may be maintained without prejudice through the subsequent trial phase. Building upon such groundwork, the Team renders systematic advocacy at trial and thereby furnishes comprehensive representation, having successfully concluded a substantial number of such engagements.
 
  • Criminal Trials Relating to Infringement of Trade Secrets and Intellectual Property Rights
Trade secrets and intellectual property rights have become core corporate assets, yet effectively defending them when disputes arise is far from simple. These matters call for counsel who combines substantive knowledge of the subject with procedural fluency and hands-on litigation experience. Through close and sustained collaboration with the Intellectual Property Practice Group, which commands recognized expertise and competitive standing in the field of IP, Lee & Ko's Criminal Defense (Litigation) Team renders specialized advocacy in both doctrinal and procedural respects, with a view to ensuring that no detriment is occasioned to the corporate client at trial and that the fullest available vindication of rights is obtained.
 
  • Criminal Trials Relating to Healthcare Matters, Including Pharmaceuticals and Food Safety
Disputes arising in the healthcare sphere call for the assistance not only of counsel possessing requisite expertise and ample experience, but equally of counsel with specialized proficiency in the conduct of criminal proceedings. Working in close coordination with Lee & Ko's dedicated healthcare practice groups the Criminal Defense (Litigation) Team delivers expert representation aimed at achieving the best possible outcome for each client.
 
  • Criminal Trials Relating to Product Liability
Where a product distributed by a corporation gives rise to questions of product liability, the resulting ramifications are typically of considerable breadth, thereby necessitating a deliberate and highly specialized response. Lee & Ko's Criminal Defense (Litigation) Team comprises personnel endowed with substantial experience and refined expertise in the conduct of product liability proceedings, and is accordingly positioned to render advocacy services characterized by both efficiency and precision.
 
  • Criminal Trials Relating to Personal Information Infringement and Data Breach Incidents
Personal information issues arise across virtually every sphere of activity, and large-scale hacking and data breach incidents continue to occur regularly. Such matters therefore extend well beyond ordinary criminal proceedings, posing serious risks to a corporation's security infrastructure and reputation. Working in close coordination with its Privacy Practice and Cybersecurity Response Team, Lee & Ko's Criminal Defense (Litigation) Team has successfully represented numerous corporate clients through complex personal information incidents and related criminal proceedings.
 
  • Criminal Trials Relating to Tax Evasion and Violations of the Customs Act
Working in close coordination with its Tax Practice and Customs Practice, Lee & Ko's Criminal Defense (Litigation) Team provides comprehensive legal support from the tax audit stage through prosecutorial investigation and into trial — bringing both the subject-matter depth and the practical experience these matters demand at every phase.
 
  • Criminal Trials Relating to the Defense Industry
Defense industry matters rarely arise in ordinary legal practice, which makes counsel with genuine experience in this field difficult to find — and all the more critical to secure. Lee & Ko's Criminal Defense (Litigation) Team comprises attorneys with substantial hands-on experience in this area, and is well positioned to provide focused, effective representation from investigation through trial.
 
  • Criminal Trials Relating to Various Election Law Violations
Election-related matters, in contradistinction to matters of ordinary character, are governed by distinctive criminal procedures characterized by such features as an abbreviated period of limitation for prosecution and restrictions upon eligibility to hold elected office. The engagement of counsel possessing substantial specialist experience is, accordingly, of essential importance. Lee & Ko's Criminal Defense (Litigation) Team includes attorneys who, having previously served in the prosecution service, the police, and the judiciary, have handled a substantial number of election matters, and, drawing upon exceptional expertise and ample experience, the Team renders optimal legal services to its clients across every procedural phase, encompassing advisory work on election law, response to investigations, and the conduct of trial proceedings.
 
  • Criminal Trials Relating to Bribery and Other Offenses Committed by Public Officials
Criminal proceedings involving public officials typically carry severe sentences and lasting collateral consequences — including reputational harm and the loss of public employment — that make experienced, specialist representation essential from the outset. Lee & Ko's Criminal Defense (Litigation) Team comprises attorneys with substantial experience in this area and has a strong record of achieving favorable outcomes for clients across a wide range of bribery and public official offense matters.
 
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