"Police First, Not Prosecutors"... Law Firms Expand Initial Police Investigation Response Teams [Invest&Law]

Shift in Focus Among Law Firms' Criminal Teams
Six Major Law Firms, Including Kim & Chang, Bae, Kim & Lee, and Shin & Kim
Intense Competition to Recruit High-Ranking Police Officials and Investigators
Strengthening Integrated Response Syste

With prosecutorial reform leading to a reorganization of the criminal justice procedures, the focus of large law firm criminal defense teams is shifting toward initial responses to police investigations. This change comes as key procedures at the police stage—such as filing a complaint or accusation, searches and seizures, summons investigations, forensics, and submitting statements of opinion before cases are referred or dismissed—have become critical determinants in the outcome of cases throughout the revised Criminal Procedure Act. Law firms are strengthening their integrated response systems by recruiting personnel with police backgrounds, while also ensuring close cooperation among former prosecutors, attorneys, and digital forensics experts.

According to the legal community as of August 12, Kim & Chang is operating a "Police Investigation Response Team" with approximately 60 members. The firm has recruited former high-ranking police officers such as Choi Donghae, former Chief of the Gyeonggi Provincial Police Agency, and Kim Gwichan, former Deputy Commissioner General of the National Police Agency. More recently, it has brought on Choi Jonghyuk, former Head of Investigations at the Seoul Metropolitan Police Agency, Lee Aram, former Head of Investigations at the Seocho Police Station, and Moon Sangyoung, former Head of the Anti-Corruption Economic Crime Investigation Division at the Gyeonggi Southern Provincial Police Agency. Kim & Chang highlights its comprehensive response system that covers major areas such as economic crimes, serious accidents, trade secrets, and cybercrime.

Bae, Kim & Lee is implementing a "one-team" approach within its criminal group, deploying the most suitable personnel for each case. The number of attorneys with police backgrounds stands at 25. Recently, the firm has re-hired Jang Woosung, former Chief Superintendent at the National Police Agency who served as a special prosecutor for the Special Investigation into Rebellion, and has recruited attorney Jang Sungwon, who previously served as Chief of the Paju and Suseo Police Stations. Bae, Kim & Lee is reinforcing its response system by fostering collaboration between former prosecutors and police, and experts in finance, fair trade, trade secrets, and digital forensics.

Shin & Kim (Sejong) was the first major law firm, in 2021, to establish a "police team" comprised exclusively of attorneys with police backgrounds. The criminal group at Sejong includes more than 80 experts who are former prosecutors or police, with around 30 attorneys, advisors, and consultants in the police team alone. The police team is headed by attorney Lee Jaehoon, a graduate of the Korean National Police University who served as Chief of Gangnam Police Station and as Director of the Cyber Investigation Planning Division at the National Office of Investigation. Sejong emphasizes a stage-by-stage strategy, covering everything from search and seizure and summons investigation to the submission of statements of opinion before referral or non-referral.

Lee & Ko is also operating a "Police Investigation Response Team" with 28 members. Lee Sunghan, former Commissioner General of the National Police Agency, participates as an advisor, and recent hires include Lee Kwongyu, former Head of Criminal Division 1 at the Gangnam Police Station, Kang Moonchan, an attorney who served in the Major Crime Investigation Division at the National Office of Investigation, and Jung Woosung, an attorney who was with the Seoul Metropolitan Police Agency's Metropolitan Investigation Unit. Lee & Ko notes a growing trend of police-led cases, resulting in increased demand for response to searches and seizures as well as forensics services.

Yulchon has established a structure in which 60 attorneys in its "Criminal Team" collaborate from the earliest stages of police investigations, leveraging both former police and former prosecutors. The firm currently has 29 personnel with police backgrounds, including one advisor, three consultants, and 25 attorneys. Most recently, it has recruited attorney Han Wonhyo, who served as Head of the Criminal Division and Head of the Metropolitan Crime Investigation Division at the Gyeonggi Southern Provincial Police Agency, and advisor Yoo Jingyu, former Commissioner of the Incheon and Ulsan Police Agencies. Yulchon reports a rising overall volume of police advocacy work, including representing suspects, filing complaints and accusations, responding to searches and seizures, attending investigations, and handling forensics.

HwaHyun operates a "Police Investigation Response Team" of about 30 members. This year alone, it reinforced its team by recruiting eight attorneys with police backgrounds, including Shin Jaemoon, former manager of the Seoul Metropolitan Police Agency’s Metropolitan Investigation Unit, Kim Dokyung, former Head of the Serious Accident Team at the Metropolitan Investigation Unit, and Kim Sangmoon, former Chief of the Ulsan Nambu Police Station. HwaHyun's core objectives are to establish early-stage investigative strategies and secure non-referral decisions at the police level, while coordinating with its Digital Forensics Center and former prosecutors to manage corporate criminal risks.

The law firm industry has observed that, whereas previously the prosecutorial stage was critical, the initial response immediately after the commencement of a police investigation—organizing facts and evidence structures and blocking unnecessary broadening of the scope—has now become the key to defense. One attorney at a major law firm explained, "Specialized advocacy is now required for each stage—police, the Major Crime Investigation Division, and the Public Prosecutors Office," and added, "The ability to provide an integrated response from search and seizure, forensics, and internal investigation, to submission of statements of opinion at the outset, will become a competitive advantage for law firm criminal defense teams."

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