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Practice Area|Criminal Defense

Financial Securities Criminal Defense Center

In response to the heightened scrutiny and investigation within the financial securities sector, including the expansion of the Capital Markets Special Investigative Police and the establishment of a Special Investigative Police Team at the Financial Services Commission (FSC), we launched the Financial Securities Criminal Defense Center in August 2022.  The Financial Securities Criminal Defense Center, comprising top-tier attorneys with extensive expertise, aims to enable more effective and systematic support for clients facing investigations and prosecutions in financial securities cases.

The Financial Securities Criminal Defense Center offers comprehensive advisory services, particularly focusing on responding to investigations by financial securities investigation departments of prosecutors, police, and special judicial police of financial authorities.  Led by experienced figures such as Mr. Jung Sik PARK, Mr. Sehoon CHOI, and Mr. Seung Dae PARK — all seasoned attorneys in finance and securities — the Financial Securities Criminal Defense Center is dedicated to providing expert guidance.

Recognizing the importance of timely and appropriate responses to initial investigations by bodies like the Financial Supervisory Service (FSS), we have established the Financial Authority Investigation Response Team.  This team enhances our ability to rapidly mobilize our resources during the early stages of the FSS investigations, led by attorneys and experts including Mr. Young-Gyu YOON, Ms. Mi Jung KIM, and Mr. Yong Chae SEOMUN, each bringing valuable experience from their respective roles within the FSS.

In the trial phase of financial securities cases, our attorneys Mr. Jeong Soo PARK, Mr. Dong Ah KIM, and Mr. Soo Saeng MOON — with extensive trial experience and specialized knowledge — provide rigorous defense strategies.

Supported by our R&D team, we are committed to delivering detailed and systematic legal services throughout the financial securities related investigation and trial phases.  Our goal is to offer comprehensive 'one-stop legal services’, guiding clients through the different stages, from the FSS investigations to prosecution investigations, and addressing administrative sanctions with methodical, step-by-step approaches.

Key Practice Areas Close

    Financial Investment Services and Capital Markets Act

    • Use of non-public material information
    • Illegal transactions
    • Market manipulation
    • Violation of disclosure obligations
    • Naked short selling

    Security Company, Financial Institution, and Financial Instruments (including funds)
    • Incomplete sale of financial instruments
    • Issues arising during the issuance and management of financial instruments

    Management
    • Cases involving corporate fraud, embezzlement, and breach of fiduciary duty
    • Fraudulent accounting cases, including violations of the External Audit Act
    • Other cases stemming from corporate management practices

    Change of Control, Management Dispute
    • Various complaints and petitions related to the acquisition of management rights and dispute resolution processes
    • Occupational breach of duty and embezzlement cases involving corporate executives and employees
    • Other criminal cases involving executives

    Business Management
    • Ensuring compliance with regulations concerning unfair trade practices involving insiders and market experts
    • Establishing and maintaining internal control systems to prevent unfair trade through digital forensics, interviews with officers and employees, and analysis of financial records

    Administrative Sanctions (including fines)
    • Defend against fines related to violations of disclosure obligations, market disruption and illegal short selling

Experience Close

    • Responded to an FSS investigation and a Securities and Futures Commission review involving allegations of use of undisclosed material information by the CFO of a public company
    • Responded to an investigation of the FSC's Special Judicial Police No. 1 (regarding a quasi-investment advisory firm)
    • Responded to a prosecution investigation involving allegations of incomplete sales of offshore funds
    • Responded to a prosecution investigation involving allegations of false financial statement disclosure and occupational breach of duty by a representative of a public company
    • Responded to a prosecution investigation involving allegations of the breach of the Foreign Exchange Transactions Act arising from a domestic company's failure to report changes in its overseas direct investment
    • Represented a minority shareholder in pressing charges against the representative of a public company for misappropriating corporate funds and falsifying financial statements
    • Represented investors in pressing charges against the representative of a company for embezzlement of investment funds and falsification of financial statements
    • Successfully defended the representative of a public company in a fraudulent trading case involving false financial statements, securing an acquittal decision
    • Successfully defended the representative of a public company in an occupational breach of duty case related to non-recovery of debts from affiliates, securing an acquittal decision
    • Successfully represented a major shareholder and directors of a public company in an occupational breach of duty case concerning loans to affiliates, securing an acquittal decision
    • Successfully defended the representative of a public company in a trial involving the use of undisclosed material information related to the promotion of a new business, securing an acquittal decision
    • Successfully defended the representative of a public company in a case involving the breach of disclosure obligations, securing an acquittal decision