SOUTH KOREA Law and Practice Contributed by: Soo Bong Jung, Jinwook Song, Jinwon Choi and Jiyoung Sohn, Bae, Kim & Lee LLC
4.5 Cross-Border Defence Strategies Multi-jurisdictional white-collar investigations raise complex defence challenges, necessitating co-ordi - nated and resource-intensive strategies. Jurisdictional Conflicts and Risk of Parallel Prosecutions Multiple sovereign authorities may institute proceed - ings under their respective domestic laws. A single course of conduct may therefore result in parallel prosecutions and duplicate penalties. Defence coun - sel must navigate divergent substantive laws, proce - dural rules, and case timelines – substantially increas - ing complexity and cost. Evidentiary Disparities Across Jurisdictions Rules governing the collection, admissibility and pres - entation of evidence vary significantly by country. Evidence lawfully obtained in one jurisdiction may be inadmissible or of limited probative value in another. Such divergence creates significant barriers to mount - ing a coherent and effective cross-border defence strategy and may undermine efforts to consolidate or streamline proceedings. Information Sharing and Co-Ordinated Enforcement Actions International co-operation among enforcement authorities often entails the exchange of investigative materials across borders. Consequently, evidence seized in one jurisdiction may be shared with others, increasing the likelihood of simultaneous or unantici - pated search and seizure operations or arrests. This can place defendants and their legal teams in a reac - tive position, undermining strategic preparedness. While international co-operation among investiga - tive authorities has expanded in recent years, such co-operation is not without constraints. Mutual legal assistance and extradition are governed by treaty obligations and procedural safeguards, which may be strategically leveraged by the defence. Scrutinising Mutual Legal Assistance/Extradition Requests The defence should examine whether the requesting state’s application satisfies key treaty requirements,
such as dual criminality, non-extradition of political offenders, or proper procedural formalities. If such thresholds are not met, the defence may seek to inval - idate the request or limit the scope of co-operation. Establishing a Multinational Legal Defence Team Given the fragmented legal frameworks across juris - dictions, assembling a cross-border legal team with jurisdiction-specific expertise is critical. A co-ordinat - ed approach ensures consistent legal strategy, pro - cedural compliance, and real-time risk management across all relevant jurisdictions. Challenging Improper Information Sharing Investigative co-operation often involves transnational data sharing. The defence may identify procedural irregularities in how evidence was transferred or uti - lised across jurisdictions and challenge the admis - sibility or probative value of such information under domestic law. 5. Key Trends and Future Outlook 5.1 The Year Ahead Intensified Enforcement of the Severe Accident Punishment Act (SAPA) The Severe Accident Punishment Act is expected to be a top enforcement priority. While the law has been in effect for some time, enforcement against management-level individuals is likely to become more stringent. This is a direct consequence of the government’s aim to reduce severe industrial acci - dents, a key policy objective. It is anticipated that prosecutors will continue to pursue criminal liability against CEOs and corporate executives, focusing on whether a company’s safety and health management system was properly established and implemented. This shift places a heavy burden on corporate leader - ship to demonstrate due diligence in preventing seri - ous accidents. Strengthened Regulations on Digital and Cryptocurrency Crime Following the enactment of the Act on the Protection of Virtual Asset Users, a significant increase in inves - tigations and prosecutions of digital asset-related crimes is foreseen. The government’s enforcement
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