DR & AJU’s Election Law Center Transforms into a Dedicated Election Law Practice Group
DR & AJU LLC has expanded its former Election Law Center to the Election Law Practice Group. Comprising an Investigation Response Team, a Trial Response Team, and the Election Law Advisory and Educational Research Institute, the Election Law Practice Group provides tailored legal advisory services on an extensive array of issues, ranging from defense against investigations by the National Election Commission, police, and prosecutors, to representation in litigation and trials, and devoted legal consulting for election campaign candidates.
A Specialized Investigation Response Team Comprising Former Prosecutors from the Seoul Central District Prosecutors’ Office’s National Security Division
The Investigation Response Team handles cases that are in its investigatory stage, which is usually conducted by the National Election Commission, police, or prosecutor. All members are highly experienced professionals with abundant experience investigating election crime, including the head of the group, Mr. Woo Hyeon KIM, who is a former prosecutor of the Seoul Central District Prosecutors’ Office’s Department of National Security, Election & Labor, departmental chief prosecutor of the Supreme Prosecutors' Office’s Anti-Corruption Department, and the chief prosecutor of Suwon High Prosecutor’s Office; Mr. Dhong Joo KIM, who was the departmental chief prosecutor for the Seoul Central District Prosecutors’ Office’s Department of National Security, Election & Labor; Mr. Gyu Jong SONG, who acted as the National Security Planning Officer for the Supreme Prosecutors’ Office and prosecutor for the Seoul Central Prosecutors’ Office’s Department of National Security, Election & Labor; and Mr. Kook Ryang RYOO, who is a former prosecutor in the Seoul Central District Prosecutors’ Office and the Incheon District Prosecutors’ Office’s Department of National Security, Election & Labor.
Former Presiding Judge of the Election Department Joins the Trial Response Team, Enhancing the Team’s Capabilities and Expertise
The Trial Response Team comprises former presiding judges, such as Mr. Jin Dong KIM and Mr. Byung Cheol CHOI, who have considerable experience at Seoul Central District Court handling election-related cases and trials for various defendants charged with violation of election laws. It also includes Mr. Yong Seon HYUN, a former presiding judge at Jeju District Court and head commissioner of the Jeju National Election Broadcasting Debate Commission, who has experience hosting and mediating debates among public official candidates. Other investigation and trial response team members include attorneys Mr. Chan Hee LEE, Mr. Sang Hwa YOON, Mr. Jae Hoon PARK, Mr. Min Jun KIM, and Ms. Da Eun SON.
Election Law Practice Group Operates the Election Law Advisory and Educational Research Institute
A candidate may face various legal risks if a fine of KRW one million or more is imposed due to violations of the Public Official Election Act or the Act on Elections Entrusted by Public Organizations. These risks include disqualification, the return of campaign expenses, and the restriction of electoral rights (5 to 10 years), among other consequences. Therefore, DR & AJU’s Election Law Practice Group has established the Election Law Advisory and Educational Research Institute to educate candidates on election laws and coach them on lawful election strategies to proactively prevent any legal risks. The head of the Election Law Advisory and Educational Research Institute is Mr. Yong Bok LEE, a renowned election-law specialist and the author of legal textbooks on election law, including “Election Law,” “Political Fund Law,” and “Entrusted Election Law.”
Expertise in Entrusted Elections Fortified with Newly Recruited Senior Advisors
To provide tailored legal consulting for both public official elections and elections entrusted by organizations, DR & AJU Election Law Practice Group includes senior advisors with extensive experience and expertise in these areas. These advisors come from various backgrounds, including Mr. Sang Boo MOON; the former secretary general of the National Election Commission with practical experience and expertise in both public official elections and entrusted elections; senior advisor Mr. Hae Jin PARK and expert counsel Mr. Sung O KWON, who both worked at the National Agricultural Cooperative Federation of Korea; expert counsel Mr. Kyo Sun PARK, who worked at the National Credit Union Federation of Korea; Mr. Choong Ryeol JEON, who was the former secretary general of the Korean Sport & Olympic Committee; Mr. Jong Il HEO, who spent over 30 years working at the MG Community Credit Cooperatives; and Mr. Philip Kim, who is an executive director of the Korean Society of Construction Legal Affairs.
An Impressive Track Record Showcasing a Wealth of Experience and Expertise
As the first-ever South Korean law firm to establish and operate an election dedicated team, the DR & AJU Election Law Practice Group stands at the forefront of election dispute resolution. As a pioneer of the field, the Group has handled various election related cases, accumulating a wealth of experience that has enabled the team to acquire a deep and comprehensive understanding of the field. With multifaceted approaches and expertise, the Group provides its clients optimal legal services tailored to individual client needs.
Handles Investigation and Trial Defense under the Public Official Election Act, the Act on Elections Entrusted by Public Organizations, and the Political Funds Act.
Represents in legal actions involving complaints and accusations under the Public Official Election Act, the Act on Elections Entrusted by Public Organizations, and the Political Funds Act
Represents in a wide range of election-related lawsuits, including nullification lawsuits, requests for adjudication on unconstitutionality, and constitutional complaints
Coaches and provides consulting under the Public Official Election Act, the Act on Elections Entrusted by Public Organizations, and the Political Funds Act
Successfully acquitted a member of a political party who was indicted for establishing a facility similar to an election campaign office other than what was permitted by the Public Official Election Act, running an election campaign, and receiving a certain amount for election campaign activities.
Successfully represented the head of the National Election Commission (NEC) in a lawsuit filed by a voter for the annulment of the 20th General Election for proportional representation candidates for using electronic voting machines, winning the case with the election validated.
Represented a provincial member charged with violating the Public Official Election Act for providing food to constituents who attended the general election polling committee and persons associated with them, as well as providing food to local government officials and their relatives. The provincial member was able to keep his position with only a fine of KRW 800,000.
Successfully defended a member of the National Assembly who accompanied a minor singer by chance during a general election campaign and was accused of violating the Public Official Election Act for using a minor in an election campaign. The team’s proactive response during the investigative stage enabled the case to be concluded without prosecution.
Successfully defended a mayor in a case where many accusations and charges were filed against the mayor for making false remarks in a TV debate about the suspicion that the mayor received benefits from developing an area in which the mayor’s relative owned land during his previous term as mayor, stating that he did not know about the development. This case was dismissed without trial.
Successfully defended a mayor who was accused of providing food to employees prior to a local election and making false statements during a panel discussion. The case was dismissed without trial.
Successfully defended a mayor in a case where the mayor was prosecuted without detention on charges of sending self-promotional text messages to voters containing his achievements during the election campaign and organizing promotional events for political purposes. The mayor was acquitted of all charges.
Successfully represented the president of Cooperative F, who was suspected of running an illegal election campaign by conducting election campaign activities at the final polling place after the first round of voting on election day, failing to observe the period of the election campaign, and twice distributing newspaper including his contributions. DR & AJU prevented the issuance of an arrest warrant and ultimately enabled the client to retain his position as the association president with only a fine of KRW 800,000.
Successfully represented the head of an association in Gyeonggi who was charged with violating the Act on Elections Entrusted by Public Organizations for hosting a series of meetings in various regions and providing fruit and alcoholic beverages before the election. The head maintained his position with only with a fine of KRW 900,000.
Represented members of an association in Gyeongbuk in a case where the head of the association failed to remove 72 unqualified members despite knowing about their existence, resulting in these unqualified members to be registered in the voter registry. DR & AJU advised the members of the association on prosecuting the head of the association for deceptive entry.
Successfully defended the head of an association in Gyeonggi who was charged with violating the Act on Elections Entrusted by Public Organizations for utilizing status or position in election campaigning, such as having the head of the association’s public relations department assess the association head’s eligibility for candidacy, create a draft of an election poster and request a manufacturer to produce the poster, and write specific electoral commitments. The head was fined KRW 900,000, but maintained his position.
Successfully represented the head of an association in Seoul who was charged with violating the Act on Elections Entrusted by Public Organizations for using the association’s budget to provide souvenirs, training expenses, various alcoholic beverages, and other benefits to members of farmer organizations and visitors from advanced foreign countries. The case was ultimately not prosecuted thanks to the team’s proactive response during the investigative stage.
Successfully represented the head of an association in Jeonnam who was accused of violating the Act on Elections Entrusted by Public Organizations by using the association’s budget to give birthday gifts to association members, congratulatory and condolence money to the families of association members, and medical gift cards and various giveaways. DR & AJU preemptively defended the head of the association in the investigative stage, closing this case without formal charges.
Successfully defended the head of an association in Gyeongbuk who was prosecuted for providing a total of KRW 700,000 worth of goods and property benefits, including KRW 400,000 worth of food and KRW 30,000 worth of gift sets to association members and their families during a picnic involving members of the association and their families. The head was fined KRW 900,000 but maintained his position.