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Attorney Oh Ki-chan of Law Firm Tong presented the case of "post-conviction contestant" as an exception to the rule that probation for crimes committed during the period of incarceration (three years after the end of the sentence) is not possible in principle. He explained that if Crime B, which was committed before the judgment of Case A was finalized, is pre-conviction at the time of the act, it may be possible to impose a probationary sentence even if the subsequent trial is held during the period of incarceration. Mr. Oh also noted that if a person has been previously sentenced to probation and the period of probation has elapsed, he or she is not subject to aggravated punishment because he or she does not meet the requirements for conviction (Article 65 of the Criminal Code). Furthermore, he emphasized that once a probation disqualification exists as a matter of law, it cannot be overcome by mitigating circumstances such as a judge's sympathetic sentencing decision or restitution, and pointed out that much of the online debate stems from the confusion between the time of the crime and the time of legal use.
Four months after receiving a deferred prosecution for special injury, the same defendant was arrested again for driving under the influence with a blood alcohol content of 0.129%. Attorney Oh Ki-chan (Law Firm Tong) said that there is no possibility of retroactively revoking the deferred prosecution because the offenses were separate incidents, but he explained that the criminal history could be used against him in sentencing. The key criminal law issues are whether the deferred prosecution should be revoked, the possibility of aggravated penalties for a second DUI within 10 years, and the sentencing at trial. Mr. Oh advised that the deferred prosecution does not need to be listed separately in the plea agreement, but cautioned that it is already known to law enforcement because it is recorded in the criminal background check. The importance of proactive plea submissions (e.g., sincere reflections, recidivism prevention measures, etc.) and responses at the trial stage with the assistance of counsel are also emphasized, and Mr. Oh's position centers on the realistic judgment that while it is unlikely that the existing disposition will be reversed, the level of criminal punishment may increase depending on the power and gravity of the offense.
Oh Ki-chan, a lawyer at Law Firm Tong, believes that the criminal law of agenda rape is unlikely to apply in this case. He explained that since the crime punishes sex with a person under the age of 16, the charge could not be established because the woman was 17 years old. However, the key issue throughout the article is whether the child welfare law was violated, and other lawyers warned that sex between an adult and a minor, whether consensual or not, could be construed as "sexual abuse" and could result in criminal penalties. The article emphasizes the need for an aggressive legal response, including no contact, hiring a lawyer at the earliest stage, and gathering evidence.
Mr. Lee Hyung-taek (Director of the International Division) of Law Firm Tong visited Bishkek, Kyrgyzstan, to observe and participate in the General Assembly of the GCS 2025, the 2nd Nomad GCS International Open Taekwondo Championships, and the opening ceremony of the WT-KCF Cares Program. The General Assembly was attended by GCS President Choi Joong-won, GCS Korea Headquarters President Seo Joo-hwan, Kyrgyz sports figures and the Korean Ambassador to Kyrgyzstan, and also supported Secretary General Hong Deok-hwa's debut as Secretary General. Before returning home, he visited the Aidanek Nursery School in Bishkek with GCS Korea Headquarters and local taekwondo officials, and participated in a ceremony to deliver items such as an electronic organ and a large-screen TV to support local child welfare activities. Through the visit, the lawyer examined legal issues that may arise in the operation of international NGOs and sports events and international exchange and donation activities, such as the procedures for importing and donating donated goods, compliance with child welfare laws, compliance with agreements and regulations between sports organizations when operating international competitions, and administrative procedures related to diplomatic and cultural exchanges, and identified the need for legal support for similar international exchanges and public service projects in the future. The event was evaluated as a practical achievement combining taekwondo demonstration and community contribution.
Mr. Hae Soo Kim, Counsel at Tong & Kim, serves as an Independent Director of Theborn Korea. Mr. Kim is described as an expert in criminal investigations, having served as a deputy prosecutor in the Supreme Prosecutors' Office, and has limited experience in corporate governance and ESG. The board of directors is composed of legal and accounting professionals, which is considered to be more of a legal advisory function than a substantive check. In particular, the structure of the CEO and chairman of the board and the unity of the composition of the outside directors weaken the oversight function. The accounting audit pointed to sales of goods supplied to franchisees as a key audit issue, warning of possible revenue adjustments due to internal transactions and the risk of revenue recognition errors. Governance weaknesses such as the absence of internal audit, lack of investor disclosure, and lack of a shareholder engagement system contribute to legal and accounting risks, and it will be important to see how the legal advice of outside director Kim Hae-soo of law firm Tong & Tong and his role on the board will play a role in improving internal controls and strengthening oversight.
Our lawyers summarized and provided legal analysis of key legal issues, including the constitutional allocation of powers, the meaning of the right to prosecute, and the gaps in human rights protection in criminal proceedings, in the context of the debate on the dismantling of prosecutors and the adjustment of investigative powers. Through a combination of public explanations and consultations with former and current prosecutors and investigators, we anticipated possible disputes and liability claims in the event of a system transition. Law Firm Tong specifically proposed measures to secure oversight and accountability through the separation of investigation and prosecution functions, supplement the process of redressing victims' and suspects' rights, ensure business continuity during the transition period, and prepare measures to relocate and compensate personnel. Law Firm Tong also provided individual counseling and legal support to mitigate risks through phased implementation and post-evaluation, and prepare strategies for potential litigation, including administrative and constitutional courts, following the amendment of relevant laws.
The case centered on a husband's alleged unauthorized use of his wife's seal to transfer property during a divorce proceeding, while changing the front door password and preventing her from entering. Yoon Jung-yeon, a lawyer at Law Firm Tong, pointed out that the unauthorized use of the seal was a more urgent issue than a simple restraining order, and recommended a swift response by filing a criminal complaint and a civil lawsuit to prevent and recover the property. Mr. Yoon suggested a strategy of seeking civil recovery (name change cancellation and property recovery) while keeping open the possibility of criminal punishment such as forgery and embezzlement through criminal proceedings. He also emphasized the need to prevent the spread of damage through a combination of various legal means, such as access injunctions to secure residential rights and restraining and victim protection orders to protect personal safety.
Sujin Baek, an associate at Law Firm Tong, has been practicing law to win people's hearts in the second act of her life based on her experience in investigating and prosecuting cases as a prosecutor. She focuses on restoring trust by prioritizing communication with clients during the dispute resolution process, including fact-finding, defense strategy, trial advocacy, and mediation and settlement in civil and criminal cases. Using his previous experience, he deals with major legal issues such as criminal procedure issues, legal issues related to exoneration and prosecution reform, and the balance between victim protection and defense of the accused, and also participates in community legal education, counseling, and support activities. He plans to continue his work at Law Firm Tong with the goal of supporting the underprivileged and expanding preventive and practical legal services.
Mr. Lee, a partner at Tong Law Firm Tong and a board member of GCS Club International, participated as a member of the Korean delegation to the GCS International Congress in Bishkek, Kyrgyzstan in 2025, where he participated in the congress and the adoption of the GCS Bishkek Peace Declaration. The congress emphasized the importance of the UN principles of war prevention, sovereign equality, non-interference in internal affairs, and adherence to international law, and discussed legal and policy issues calling for an end to unnecessary wars. As part of the 26-member Korean delegation, Mr. Lee participated in the opening ceremonies of the Nomad International Open Taekwondo Tournament and the WT-KCF Cares Program, and participated in humanitarian assistance activities, including a visit to the Aydanek Orphanage in Bishkek with the GCS Korea Headquarters to donate electronic organs and televisions. As a lawyer, he has contributed to peacebuilding efforts based on sports diplomacy and compliance with international law through participation in international conferences and humanitarian programs.
