Recently, the Board of Audit and Inspection (“BAI”) has gone beyond imposing individual dispositions based on inspections of audit targets, such as requesting correction on existing dispositions and requiring disciplinary actions against government officials involved in such dispositions, and has frequently requested explanatory materials or face-to-face investigations to companies and citizens related to the audited matters. Clients are prone to the indirectly unfavorable outcomes of BAI-rendered dispositions on administrative agencies, which are based on BAI’s unilateral decision-making on issues of conflicting interests. There thus is an increasing need for companies to respond proactively towards BAI, despite not being institutions directly subject to BAI audits.
Meanwhile, BAI has a system that allows filings of a citizen’s request for audit, request for audit in public interest, or filings to the Corporate Complaint Reporting Center, through which the general public may request the exercise of the audit rights held by BAI. Based on such system, clients are able to address issues of illegal environments they are placed under, or of unfair yet legal treatments from administrative agencies. In addition, requesting for review by BAI serves as a means of administrative appeal, by which BAI determines the fairness in various administrative dispositions such as imposition of taxes and claims for insurance proceeds, which include proceeds from industrial accident compensation insurance policies.
The ClassHankyul GR team has the perfect set of talents and skills to tackle all issues, regardless of their type, and allocates roles in a coordinated manner based on the individual capabilities of its team members, which include experts such as a former chairman, a secretary general and a deputy secretary general of BAI, as well as lawyers who performed hands-on work at BAI. Further, the ClassHankyul GR team acts as a problem solver for companies, providing solutions not only for issues of illegality, but also issues with administrative actions resulting in unfair outcomes, having handled numerous different cases related to BAI, such as responding to BAI audits, resolving corporate issues caused by administrative agencies, and revoking administrative sanctions through requests for review.
Introduction
Major Business
Defense in BAI Audits
- Defense in the holistic audit process by BAI, as counsel of the audited institution
- Response to the requests to appear before BAI
- Response to requests for general company materials during the audit of the audited institutions
- Protection of rights and interests as counsel for interested parties in connection with requests made according to decisions by BAI, such as requests for correction, etc.
- Resolution of issues through legal advice, in case of conflicting legal opinions related to BAI audits
- Representation in various BAI internal explanation procedures such as confrontational proceedings
Legal Advice on BAI Appeals and Pre-Consulting
- Appeals against BAI on administrative sanctions
- Resolution of difficulties in government relations of clients, such as companies, through the provision of legal advice on the pre-consulting system
Representation in BAI Compliant Filings of a Citizen’s Request for Audit, Request for Audits in Public Interest, or Filings to the Corporate Complaint Reporting Center
- Resolution of issues of illegal and unfair administrative acts by administrative agencies by filing a citizen’s request for audit, a request for audit in public interest, or filing to the Corporate Complaint Reporting Center
- Resolution of issues arising from unreasonable and unlawful contractual relationships with administrative agencies
- Defense in the holistic audit process by BAI, as counsel of the audited institution
- Response to the requests to appear before BAI
- Response to requests for general company materials during the audit of the audited institutions
- Protection of rights and interests as counsel for interested parties in connection with requests made according to decisions by BAI, such as requests for correction, etc.
- Resolution of issues through legal advice, in case of conflicting legal opinions related to BAI audits
- Representation in various BAI internal explanation procedures such as confrontational proceedings
Legal Advice on BAI Appeals and Pre-Consulting
- Appeals against BAI on administrative sanctions
- Resolution of difficulties in government relations of clients, such as companies, through the provision of legal advice on the pre-consulting system
Representation in BAI Compliant Filings of a Citizen’s Request for Audit, Request for Audits in Public Interest, or Filings to the Corporate Complaint Reporting Center
- Resolution of issues of illegal and unfair administrative acts by administrative agencies by filing a citizen’s request for audit, a request for audit in public interest, or filing to the Corporate Complaint Reporting Center
- Resolution of issues arising from unreasonable and unlawful contractual relationships with administrative agencies
Major Performance
- Advised on pre-consulting for permits/licenses granted by each administrative agency, in relation to the establishment of a major industrial complex driven under national policies
- Advised on pre-consulting on the amendment of a business contract executed between a central administrative agency and a private company
- Represented a client in its request for audit in public interest, for management of risks arising from contracts executed unfairly to companies, in relation to business services public companies ordered
- Represented a domestic company with pre-qualified denied in a public tender, with civil petitions to the Corporate Complaint Reporting Center to gain a pre-qualified status
- Represented a client in audit responses of an individual subject to BAI’s audit
- Represented a client in response to BAI’s requested audit concerning various national taxes imposed by the National Tax Service
- Advised on pre-consulting on the amendment of a business contract executed between a central administrative agency and a private company
- Represented a client in its request for audit in public interest, for management of risks arising from contracts executed unfairly to companies, in relation to business services public companies ordered
- Represented a domestic company with pre-qualified denied in a public tender, with civil petitions to the Corporate Complaint Reporting Center to gain a pre-qualified status
- Represented a client in audit responses of an individual subject to BAI’s audit
- Represented a client in response to BAI’s requested audit concerning various national taxes imposed by the National Tax Service
