"Fading Anti-Corruption, Rising Public Security: Law Firms Shift Focus in Recruiting Former Prosecutors"

Adjustment of Investigative Authority and Establishment of the Serious Crime Investigation Office
Anti-Corruption Prosecutors Losing Favor
Labor Cases Transforming into Criminal Cases
Rising Demand for Former Labor and Public Security Prose

Recently, former prosecutors who specialized in public security (public investigation) and labor affairs within the prosecution service are being highly sought after by major law firms. While prosecutors from the Special Investigations (Anti-Corruption) division, who were traditionally popular, are now less in demand due to the adjustment of investigative authority and the establishment of the Serious Crimes Investigation Agency, there is now fierce competition to recruit public security prosecutors, who were not previously in high demand. This trend has been driven by the emergence of a new market following the Serious Accidents Punishment Act and the so-called Yellow Envelope Act (amendments to Articles 2 and 3 of the Trade Union and Labor Relations Adjustment Act).

According to the legal community on May 18, it is estimated that since last year, over 30 former prosecutors specializing in labor and public security have been recruited by the eight largest law firms. Bae, Kim & Lee LLC has brought in Cho Sangcheol, former Chief Prosecutor of the Seoul High Prosecutors’ Office (23rd class); Han Junghwa, former Head of Public Security at the Suwon District Prosecutors’ Office (29th class); and Park Seunghwan, former First Deputy Chief of the Seoul Central District Prosecutors' Office (32nd class). Sejong appointed lawyer Jin Hyunil (32nd class), who led the writing of the Serious Accidents Punishment Act commentary while at the prosecution, as head of its Serious Accidents Response Center, and also recruited Park Jinwon, former Head of Public Security at the Daejeon District Prosecutors’ Office (30th class). Gwangjang recruited lawyer Heo Hoon (35th class), who wrote the Supreme Prosecutors’ Office’s guideline on punishments under the Serious Accidents Punishment Act; lawyer Cha Hodong (38th class), who oversaw the writing of the prosecution’s Serious Accidents Investigation Manual; and Hong Jeongyeon, former Head of the Labor Investigation Support Division at the Supreme Prosecutors’ Office (37th class), who directed nationwide labor investigations. Yulchon recruited lawyer Song Bongjun, who served as Chief Prosecutor of the Public Crime Division 2 at the Seoul Central District Prosecutors’ Office. HwaWoo recruited Lee Seongsik, former Third Deputy Chief of the Seoul Central District Prosecutors’ Office (32nd class), who oversaw all intelligence investigations there.

The reason law firms are competing to bring in former prosecutors from the labor and public security fields is that corporate labor cases have evolved into "criminal cases" involving prosecution-led searches and requests for arrest warrants. A leading litigation partner at a major law firm said, "In the past, prosecutors from the labor and public security fields were not popular in the legal market after retirement. Instead, these fields were often considered stepping stones for promotion within the prosecution service, especially when combined with planning roles. Now, the tables have turned: public security prosecutors have become the only type of prosecutor law firms are actively seeking."

According to The Asia Business Daily’s tally of the relevant response teams at the eight largest law firms, their combined manpower nears 500 people. Kim & Chang currently provides industry-specific solutions through its 'Serious Accidents Response Group' and 'Labor Policy Task Force,' which together involve over 150 experts, making it the largest in Korea. Sejong operates a 70-member Serious Accidents Response Center, which includes a 'Serious Accidents Emergency Response Team' staffed by former prosecutors, police officers, and Ministry of Employment and Labor officials, providing a 24-hour on-site support system. Yulchon and Jipyung operate Serious Accidents Centers with 60 and 40 members, respectively, and have advanced their organizations with a dual focus on investigation and compliance.

Competition to respond to the Yellow Envelope Act, which took effect in March, is also intense. The Yellow Envelope Act primarily strengthens the responsibility of principal contractors for subcontracted workers and limits companies’ indiscriminate claims for damages against striking workers. Bae, Kim & Lee LLC was directly involved in lower court cases (such as those involving CJ Logistics and Hyundai Steel), which the Ministry of Employment and Labor uses as benchmarks for determining actual control. Yulchon analyzed and proposed improvement measures for risks related to the method of operating subsidiaries by certain holding companies, which could affect the legal status of employers under labor union law. Jipyung represented management and achieved a favorable ruling in a provisional injunction case filed by a minority union seeking to suspend collective bargaining with the company.

Results are becoming visible in labor and public security cases. Gwangjang secured full acquittals for all the CEO and plant managers charged with violating the Serious Accidents Punishment Act in a fatal entrapment accident during coal unloading operations. Yulchon has, to date, achieved a total of six acquittals, including appeals, in cases involving alleged violations of the Serious Accidents Punishment Act. HwaWoo brought about the termination of investigations for all allegations, including violations of the Serious Accidents Punishment Act, involving Samsung C&T and SAMSUNG E&A, and also obtained a non-prosecution decision in the CJ Logistics case. YK actively argued against the "ordering party" status in a Serious Accidents Punishment Act case and secured a decision not to open a criminal investigation.

A law firm representative said, "We are focusing on developing arguments that sever the causal relationship between the cause of an accident and violations of occupational safety and health obligations so that management is not penalized under the Serious Accidents Punishment Act." Another major law firm’s management partner said, "When I meet senior prosecutors, I often hear them say, 'I should have switched to labor or public security earlier.' With the launch of the Serious Crimes Investigation Agency, anti-corruption prosecutors have lost their appeal, while demand is surging for public security prosecutors who can handle the entire spectrum of labor, serious accidents, and Yellow Envelope Act criminal cases."

This content was produced with the assistance of AI translation services.