[Lawtimes 2021.12.16]
It is noteworthy that Shin & Kim LLC recently launched the Shin & Kim Police Investigation Defense (“SPID”) team. This move is part of the law firm’s initiative in response to the national police’s broadened power and authority to investigations. In South Korea, the investigative power of the nation’s law enforcement has been adjusted to allow the national police autonomy to initiate or terminate an investigation.
The SPID team was launched last September to provide clients with professional, swift, and precise legal services right from the police investigation stage.
The team is led by Jai Hoon Lee (bar admission in 2007), a partner who is also a graduate of the Korean National Police University (7th class). Mr. Lee stated, “Approaching police investigations in the same manner from the past may raise concerns under the changed criminal justice system.” He further explained, “This is why we organized the SPID team in order to offer a ‘full care’ service in all phases of criminal proceedings from the police, the prosecution, to court.”
The team’s biggest strength is the cooperative structure between seasoned professionals who previously worked as police officers. The synergy created by a group of experts, who have extensive background in conducting investigations along with hands-on field experience, leads to swift and precise preparation against police investigations.
Proactive Identification of Practical Issues through Know-how and Field Experience
Team leader Jai Hoon Lee previously laid the foundation for the police investigation in divulgence of industrial technology cases and directed investigations in numerous criminal matters. In addition, Senior Advisor Jung Hoon Kim, a former commissioner of Seoul Metropolitan Police Agency, and Senior Advisor Kunwon Yang, who led the introduction of cyber investigation and digital forensics to the national police, joined the SPID team.
The SPID team consists of over 20 professionals, including Kwang Min Kang (bar admission in 2012), a former police officer with experience as a law clerk; Joo Hyeong Kim (bar admission in 2019) who served as team leaders of the national police’s Economic Crime Investigation team, Violent Crime Investigation team, and Cybercrime team; Tae Seung Kim (bar admission in 2014), a former police officer who has handled a number of construction dispute cases; and Il Dong Kim (bar admission in 2018) and Jeong Won Seo (bar admission in 2020) who have vast experience in criminal cases in the Special Investigation team and other major police departments.
Senior Advisor Kim stated, “Our professionals with diverse capabilities approach cases with a comprehensive perspective and make preparations for clients’ situations in the most efficient manner. The professionals with experience in directing investigations first identify major issues of a case and develop defense strategies, and other experts with field experience as police officers then find specific facts and preemptively identify practical issues.”
Recently, the SPID team successfully represented a company who suffered losses from divulgence of industrial technology and ensured that the police carry out an effective investigation. While cases involving divulgence of industrial technology and infringement of trade secrets directly impact the existence of the business, evidence in these crimes are often destroyed quickly as they are typically committed by insiders. As such, swift response is required for the request and commencement of investigations by law enforcements. Digital forensics is also a prerequisite for the identification of any evidence for divulgence or transfer of data.
Senior Advisor Yang said, “Many industrial technology cases mandate investigation into a large quantity of data. If such data are not reviewed in a quick and timely manner, it may result in an unnecessary delay for the management to take any countermeasures. In collaboration with the Shin & Kim Digital Forensic Center, the SPID team provides full support to its clients with the utmost care and protection of their personal information and trade secret.”
Expertise with the Focus on Divulgence of Trade Secrets and Cybercrime Cases
Partner Jai Hoon Lee stated, “As a former Chief of the national police’s Cyber Security Department/Security Management Department, I directed investigations into divulgence of industrial technology for many years. Therefore, I have the knowledge to assist affected corporations for rapid recovery. This is what distinguishes Shin & Kim from other major law firms in the defense practice against police investigations. He further emphasized, “We will focus more on trade secrets and cybercrime, which require extensive professional experience and profound knowledge, to establish a prominent practice in the relevant field.”
The SPID team is also reinforcing its expertise and capacity through seminars and research on the Serious Accident Punishment Act (SAPA) that will take effect next year.
Attorney Tae Seung Kim stated, “We are geared up to defend our clients in serious public accidents, which will be investigated by the national police. And based on our broad knowledge of contractual structures and relevant laws and regulations in the construction field, we are handling cases of manslaughter resulting from occupational negligence, which have grown to be significant importance in industrial accident cases.”
Attorney Seo added, “As manslaughter from occupational negligence typically involves a number of companies and individuals, it is sometimes difficult to understand the case at once. Through the rich expertise of each member, the SPID team proactively identifies issues for swift preparation to successfully protect our clients.”
