Hyeonsu “Elliot” Jin
MP elliot@decentlaw.ioElliot served as a corporate lawyer at Pyeongan Lawfirm and as in-house counsel for Chai Corporation, providing diverse corporate advisory services.
- Corporate / Startups
- Cross-border / Dispute Resolution
- Crypto
- VC / Financial Advisory
- IP Litigation
- Sports
성공사례
관련소식
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언론보도Decent Law Firm: “2025 Virtual Asset Investigations Intensify Across the Board… Pre-Compliance Checks on Business Structures Are Essential”
Analysis suggests that as of 2025, investigations into virtual asset crimes in South Korea have shifted to an "all-encompassing" enforcement regime. Authorities are moving beyond simple fraud cases to scrutinize the entire flow of funds, targeting investment signal groups (so-called “reading rooms”), referral structures, arbitrage trading utilizing the "Kimchi Premium," money laundering via stablecoins, and illegal foreign exchange transactions through unregistered overseas exchanges. According to the Financial Intelligence Unit (FIU), Suspicious Transaction Reports (STRs) related to virtual assets have been steadily increasing since 2021. Data released by the Korea Customs Service and the Customs Border Control Training Center reveals that approximately 11.4 trillion KRW in illegal foreign exchange transactions was detected between 2021 and September 2024. Notably, about 83% of these transactions were analyzed to be illegal foreign exchange trades using virtual assets. Decent Law Firm explained, "Investigative agencies are moving away from traditional fraud investigation methods and are now approaching cases by scrutinizing the entire investment structure and fund movement." The firm added, "Activities such as operating signal groups, referral schemes, exploiting the Kimchi Premium, and stablecoin-based illegal forex trading can all be linked to charges of fraud, violation of the Act on Regulation of Conducting Fund-Raising Business Without Permission (similar to Ponzi schemes), the Capital Markets Act, the Foreign Exchange Transactions Act, and the Act on Reporting and Using Specified Financial Transaction Information (AML regulations), depending on the actual flow of funds." Focus on “Signal Groups” and Referral Systems One of the primary areas currently under scrutiny is "investment signal groups" based on Telegram or Open Chat rooms, as well as referral-based recruitment structures. A typical pattern involves recruiting investors with promises of high returns, inducing them to transfer funds to unregistered overseas exchanges or personal wallets, and operating based on referral fees. Authorities view that if this structure is combined with false or exaggerated advertising, it constitutes fraud. Furthermore, collecting investment funds from unspecified individuals may violate the Act on Regulation of Conducting Fund-Raising Business Without Permission, and if the operation involves investment advice or discretionary management, it could be deemed an unregistered investment advisory service. Crackdown on Kimchi Premium Arbitrage Arbitrage trading exploiting the "Kimchi Premium" remains a target for enforcement. While the premium gap has narrowed in 2025, illegal arbitrage and foreign exchange attempts using it persist. In particular, collecting funds from third parties for repeated remittances or distributing profits using borrowed-name or corporate accounts can lead to charges under the Foreign Exchange Transactions Act, tax evasion, and money laundering. Evolving Methods: Stablecoins and Illegal Forex Trading Methods for illegal foreign exchange transactions using overseas unregistered exchanges and stablecoins are becoming more sophisticated. Recently, investigators have uncovered cases of "coin-based illegal forex trading," where cash is received in Korea and an equivalent amount of Tether (USDT) is transferred to a third party abroad. This method is harder to detect than traditional dollar-based illegal forex trading and raises concerns about its use in large-scale money laundering. Strengthened AML Regulations Simultaneously, Anti-Money Laundering (AML) regulations for domestic Virtual Asset Service Providers (VASPs) have been significantly tightened. The government is intensively monitoring exchanges, wallet services, and custody providers for compliance with STR obligations, the Travel Rule, and high-risk wallet blocking systems. There are increasing instances where failures in internal controls lead not just to administrative sanctions but to criminal liability. Expert Advice: “Pre-Compliance is the Best Defense” Jin Hyeonsu, Managing Partner of Decent Law Firm, emphasized, "The era of operating a business hoping 'there won't be any problems' is over as of 2025." He advised, "From the initial business stage, companies must comprehensively review their fee structures, referral methods, investment solicitation procedures, contracts, terms of service, and fund flows." He further noted, "Defending legally after an investigation has already begun has its limits. Pre-compliance checks and structural design are the most realistic strategies for risk management." Decent Law Firm operates a dedicated Virtual Asset Team and has accumulated extensive practical experience through successful early-stage defense cases—including non-indictment decisions and dismissal of arrest warrants—as well as regular legal advisory services for blockchain enterprises. Experts advise that with 2025 marking a turning point where both criminal investigations and administrative regulations on virtual assets are being simultaneously strengthened, industry players must adopt a management strategy focused on "pre-check" rather than "post-response."
2025-12-05 -
법률정보
Emergency Arrest in Korea: Why the First 48 Hours Are Critical
Once a suspect is arrested in South Korea, the police and prosecution must decide within 48 hours whether to request a detention warrant (imprisonment pending trial) or release the individual. During this brief window, critical procedures take place: 1–2 rounds of police interrogation. Search and seizure of mobile phones and residence. Formalization of criminal charges. Consultation with the prosecution regarding the necessity of detention. The initial police report created during this time often dictates the entire outcome of the case. Therefore, immediate intervention by a criminal defense lawyer to manage statements and control legal procedures is paramount. 1. The Role of the Lawyer Immediately After Arrest Decent Law Firm’s specialized criminal defense team visits the suspect immediately upon arrest. We identify the cause and circumstances of the arrest and quickly determine the best strategy: whether to construct a specific narrative or to exercise the right to remain silent. Since it is extremely difficult to retract early statements later, setting the initial direction is vital. We also review: Whether the requirements for "Emergency Arrest" were met. Whether a "Flagrant Delicament" (caught in the act) arrest was applicable. If Miranda rights were properly read during a warrant arrest. If search and seizure procedures exceeded their legal scope. We block leading questions during interrogations and protect the suspect from making distorted or self-incriminating statements. 2. Strategy to Prevent a Detention Warrant Police and prosecutors determine the necessity of detention based on flight risk, risk of destroying evidence, severity of the crime, and lack of social ties. The Decent Law Firm Criminal Defense Team rapidly secures evidence to prove the suspect's stability and reliability: Proof of stable residence, employment, and family ties. Evidence that the suspect’s role in the alleged crime was limited. Arguments that most evidence has already been secured (negating the risk of destruction). If a warrant application is expected, we prepare legal opinions for the Warrant Review Hearing (Habeas Corpus) and coach the suspect on how to answer the judge’s questions. Proper initial preparation significantly increases the chances of the warrant being dismissed. 3. What the Family Should Do Immediately Families often panic and fail to act, but their role is crucial. Locate the Suspect: Find out where they are detained and who the investigating officer is. Hire a Lawyer: Secure a criminal defense lawyer immediately. Avoid Bad Advice: Do not tell the suspect to "just tell the truth" without legal counsel; this can backfire. Gather Documents: Prepare documents proving the suspect's residence, job, and family relationships to help the lawyer build a defense against detention. 4. Decent Law Firm’s 48-Hour Response System At Decent Law Firm, we know that speed is everything in arrest cases. We operate a specialized system that focuses intensely on the first 48 hours: Immediate Visitation: To control initial statements. Procedural Check: To identify any illegalities in the arrest or search process. Warrant Defense: To prepare for the substantive review hearing immediately. The records left in the first few hours can decide the verdict. If you or a loved one is currently under arrest or facing a crisis, contact Decent Law Firm without delay. We are ready to fight for you.
2025-12-05 -
법률정보
Criminal Defense for Foreign Nationals in Korea
Integrated Expertise in Investigation, Trial, and Immigration Consequences 1. Unique Challenges in Criminal Cases Involving Foreign Nationals When a foreign national becomes involved in a criminal case in Korea, the difficulty extends far beyond legal issues. Language barriers, limited cultural understanding, and unfamiliar procedures make the process significantly more complex. The Constitutional Court of Korea has affirmed that foreign nationals have the same constitutional right to a fair trial and to personal liberty. Key issues commonly arise in the following areas: Jurisdiction Korean courts may have jurisdiction even if the alleged offense occurred outside Korea (Criminal Act Articles 5–6). Interpretation Accuracy Under Article 180 of the Criminal Procedure Act, inadequate interpretation can restrict a defendant’s right to defense. Immigration Consequences A conviction can immediately affect visa extension, status of stay, or even lead to deportation (Immigration Control Act Article 85). 2. Protection of Rights During Investigation and Trial Foreign nationals are entitled to the same right to counsel as Korean citizens. However, due to language barriers, the lawyer’s role becomes even more critical. Right to Counsel Constitutionally protected from the earliest stage of investigation. Accurate Interpretation Precise interpretation is indispensable for a fair trial. Consular Assistance Foreign defendants may request assistance from their home country’s consulate. During trial, misinterpretation and cultural misunderstandings can affect credibility judgments. Courts must consider the unique nature of foreign national cases when evaluating evidence. 3. Criminal Proceedings and Immigration Measures Foreign nationals face interconnected criminal and immigration consequences: Deportation Deportation may proceed immediately after a sentence is served (Immigration Control Act Article 85). Exit Ban The Minister of Justice may impose an exit ban during investigation or trial (Article 29). Protection of Foreign Victims Victims of human trafficking or similar crimes may receive special protections such as stay extensions or deferred deportation. Our Approach: Decent Law Firm’s Strategy for Foreign National Cases Decent Law Firm prioritizes understanding the client’s language, cultural background, and communication style. Effective communication is essential to identifying the facts accurately and preventing unnecessary misunderstandings in court. We analyze each case from both a criminal law perspective and an immigration perspective, recognizing that foreign national matters involve both domains simultaneously. Supported by the Constitutional Court’s interpretation of treaty obligations (Korean Constitution Article 6(2)), we ensure that international rights and treaty protections are fully considered. When necessary, we engage in international judicial cooperation, including obtaining evidence abroad and seeking recognition of foreign court decisions—tasks that require specialized cross-border experience. 4. Our Team’s Strength in International Matters Our attorneys include graduates of New York University (NYU) and the University of Michigan, with extensive experience navigating global criminal and immigration issues. We provide full-scope support from: Early-stage investigation Court representation Post-conviction immigration measures (deportation, visa revocation, overstay issues) Decent Law Firm is committed to standing by foreign nationals who face legal difficulties in an unfamiliar country—protecting their rights from the beginning to the very end.
2025-11-28
