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Expertise

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Audit & Inspection

Recently, the BAIK (the Board of Audit and Inspection of Korea) has expanded its influence, beyond its traditional scope of audit-related activities, such as imposing disciplinary actions or limited dispositions against individual public officials.  The expanded scope of activity includes, the auditing of governmental ministries directly related to corporate activities (including the Ministry of Science, ICT and Future Planning, the Ministry of Trade, Industry and Energy, the Ministry of Land, Infrastructure and Transport, the National Tax Service, the Public Procurement Service, the Defense Acquisition Program Administration, etc.) and relevant government offices and agencies. As a result, the BAIK’s influence on the private sector has increased commensurately with the expansion of its auditing functions.  Such expansion of the BAIK’s role to include the auditing of governmental ministries and agencies occurs at a time when the scope of supervisory authority of these governmental bodies is also increasing vis-à-vis corporations and corporate activities.  Since the BAIK’s auditing of relevant governmental ministries and agencies will inevitably include scrutiny of matters relating to the corporations that are supervised by such ministries and agencies, corporations and other private sector entities should include awareness of the BAIK’s expanded role (and any potential risk exposure relating thereto) as part of their regular risk management analyses.   

Lee & Ko’s Audit Defense Team is comprised of highly experienced lawyers and professionals whose expertise includes in-depth knowledge of the BAIK and its policies and functions.  The firm’s Audit Defense Team includes a former BAIK Secretary General as a special advisor. 

More generally, Lee & Ko’s Audit Defense Team provides comprehensive legal services for each and every aspect of audit-related procedures, including everything from pro-active preparation and precautionary planning up to and including comprehensive advice and assistance in audit defenses and preparation of responses.  The team also provides representation for clients in formal confrontational proceedings involving audit or audit-related matters.

Among the many advantages that clients can benefit from in retaining the services of Lee & Ko’s Audit Defense Team is the ability of the team to work closely with other Lee & Ko attorneys and professionals who are experts in the regulatory area that is subject to any particular audit or audit-related risk exposure, e.g. regulations relating to the defense industry, legislative consulting, antitrust & competition, white collar crimes, etc.. 
Expertise
Pro-active preparation and related general advisory service 
  • The Audit Defense Team advises clients on a full range of regulatory compliance matters, particularly with regard to any compliance issues that may be subject to supervisory audits. 
  • The Audit Defense Team advises governmental ministries, agencies, local governments, public institutions and related parties on various audit related matters.
  • The Audit Defense Team assists clients with in-depth reviews and analyses of BAIK audits and audit-related comments and policies, etc. 

Audit defense and explanation
  • The Audit Defense Team advises and represents clients in preparing and submitting responses and explanations in the contexts of ongoing audits, etc.
  • The Audit Defense Team advises clients in connection with the preparation of materials/data, etc.  in response to BAIK data requests and surveys. 

Representation in explanation and confrontational proceedings at the Audit Committee

The Audit Defense Team:

- Represents clients involved in formal confrontational proceedings vis-à-vis the Audit Committee; and
- Represents clients in providing explanations to the Audit Advocate regarding matters/information submitted to the Audit Committee.


Defense to audit related criminal charges

The Audit Defense Team:

- Advises and represents clients with regard to administrative penalties/sanctions and bribery and embezzlement charges; and
- Represents clients during investigatory proceedings conducted by the BAIK


Representation in appeals and re-examination requests

The Audit Defense Team:

- Represents clients in tax-appeal proceedings and appeals against various types of administrative sanctions; and
- Represents clients in making re-examination requests concerning decisions of the BAIK, including (among other things) sanctions or penalty-related decisions.

  
Advice on regulatory policies and practices of governmental ministries, etc.
  • The Audit Defense Team advises clients on regulatory compliance issues and  regulatory and supervisory policies and practices of governmental ministries and agencies, local governments, and public institutions, etc.
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Major Cases
The Audit Defense Team has:
  • Represented various large business enterprises, including a major construction company in audit proceedings;
  • Advised clients on numerous interactions with the BAIK, including data requests and surveys;
  • Represented various clients in proceedings for annulment of taxation liability decisions; and 
  • Represented various clients in all types of regulatory compliance and supervisory actions and  of governmental ministries, etc.
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Key Contacts