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Anti-Corruption & Corporate Compliance

"Kim & Chang’s corporate investigations and white-collar defence practice is Favoured by a large number of
international businesses seeking assistance with compliance issues."
– The Legal 500 Asia Pacific 2018

Overview

The Anti-Corruption & Corporate Compliance Practice of Kim & Chang regularly advises Fortune 500 and other multinational and domestic companies on various anti-corruption and corporate compliance matters.  

Issues range from labor and employment, civil and criminal litigation, to internal investigations of companies.  Comprised of professionals with a wealth of experience and expertise, our  Anti-Corruption & Corporate Compliance Practice is widely recognized as a leader in its field.

Based on our in-depth experience, we have gained unparalleled expertise, and using such expertise as a foundation, our Practice has become the benchmark for other local firms.

We strive to provide practical and balanced solutions for our clients.  With the firm’s full array of wide-ranging practices, when a given matter raises other legal implications, we are in the best strategic position to offer our clients insightful, efficient legal services. 

Key Servicesshow

General Advice on Anti-Corruption Legislation

By providing an anti-corruption/corporate compliance perspective, our Anti-Corruption & Corporate Compliance Practice assist multinational and domestic companies in analyzing their internal ethics rules, codes of conduct and various business practices, including corporate events and activities, and structuring such practices or events to comply with relevant laws.  Along with the recent implementation of the Anti-Graft Act, as domestic interest in anti-corruption is growing, our Anti-Corruption & Corporate Compliance Practice accurately assesses the anti-corruption risks for our clients’ business and offers optimal solutions catered to our clients’ needs.  Furthermore, we also provide practical advice based on our understanding of foreign anti-corruption legislation, such as the US Foreign Corrupt Practices Act (“FCPA”) and the UK Bribery Act. 

 

Anti-Corruption Policies, Codes of Conduct, Internal Control Systems and Various Contracts

Our Anti-Corruption & Corporate Compliance Practice advises companies in establishing and implementing internal company policies (including those relating to travel and expenses, gift-giving and entertainment, public and commercial bribery, disciplinary procedures, and whistleblower protection), codes of conduct, and internal control systems.  In addition, we also offer advice on issues to consider from a corporate compliance perspective when the client enters into a contract with a third-party.

 

Compliance Training

We provide anti-corruption and corporate compliance training to local employees of multinational companies and assist companies with implementing internal compliance training programs based on relevant anti-corruption legislation and codes of conduct (such as the Criminal Code, the FCPA, the US Office of Foreign Assets Control (“OFAC”) Regulations and the UK Bribery Act) as well as current trends.

 

Corporate Investigations and Monitoring

We conduct impartial and efficient internal investigations and monitoring for companies that have discovered or received reports of violations of anti-corruption laws or corporate compliance policies.  In addition, we provide various internal investigation-related services, including forensic accounting and digital forensic collection, processing, and review of electronic documents, and also provide advice on follow-up measures based on the results of the internal investigation. 

 

Compliance Guidelines under the Commercial Code

Our Anti-Corruption & Corporate Compliance Practice assists companies in designing and implementing an effective compliance system with internal policies and manuals in accordance with the newly implemented compliance officer system under the Commercial Code.  

Key Experiencesshow

Our Anti-Corruption & Corporate Compliance Practice represents many of the largest and well-known overseas multinational corporations and financial institutions operating in Korea as well as major domestic companies that undertake direct or indirect business with the Korean government.

 

The clients of our Anti-Corruption & Corporate Compliance Practice include multinational companies, major domestic conglomerates and companies that conduct projects overseas.  Recently, our Practice has been engaged in the following projects:

 
  • Advised on a review of FCPA compliance for the Korea operations of a major US industrial Fortune 500 company.

  • Advised on a review of FCPA compliance for the Korea operations of a major US retailer.

  • Represented a US medical devices company in conducting a corporate investigation relating to FCPA and fraudulent practices.

  • Advised a major energy company cooperating with the US DOJ on issues concerning criminal prosecution under Korean law.

  • Advised major overseas financial institutions and multinational corporations in various industries, such as the IT, chemical, machinery and pharmaceutical industries, in matters relating to internal company policies and code of conduct regarding anti-corruption matters.

  • Provided compliance training to local employees of major multinational companies in IT, chemical, machinery and pharmaceutical industries.

  • Assisted major overseas financial institutions and multinational companies in various industries, such as the IT, chemical, machinery and the pharmaceutical industries, in undertaking internal investigations and monitoring duties.

  • Advised domestic companies in matters relating to compliance guidelines under the Commercial Code.

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