Case Type: Criminal

Result: Police Decision Not to Refer to Prosecution (No Suspicion)

Case Detail: 

1. Case Overview This case arose when a client, who was handling a sensitive local community issue involving sharp conflicts of opinion, was accused by complainants of abuse of authority, coercion, and violations of the Local Public Officials Act. The complainants alleged that the client abused official authority by directing department staff to mobilize local residents. Law Firm SUHN represented the client throughout the entire investigation process.

2. Legal Defense Strategy The Criminal Law Team at Law Firm SUHN (Lead Attorney: Joon Sun SHIN) broke down the multi-count allegations by offense type to individually evaluate whether the legal requirements for each crime were met.

To establish the crime of Abuse of Authority by Obstruction of Exercise of Rights, it must be proven not only that a public official abused general authority attached to the position, but also that such action caused another person to perform an act without legal obligation. The defense team demonstrated through job assignment records and actual workflow history that drafting the document in question fell within the department’s ordinary scope of work. Furthermore, objective evidence was provided to show that the client was physically unable to give the alleged instruction at the relevant time and had received no subsequent reports after the document was drafted.

Additionally, statements from related parties were submitted to clarify that the document’s purpose was to maintain order at a large-scale event, proving a lack of intent to issue an unlawful order. The team also obtained and presented a dismissal decision from the Regional Employment and Labor Office regarding the same facts, establishing that the complaint was driven by improper motives amounting to an abuse of the right to file a complaint.

3. Result As a result, a initial decision not to refer the case to prosecution was secured for a significant portion of the allegations. Even after the police forwarded a remaining portion of the charges, the defense submitted a comprehensive legal opinion to the Prosecutor’s Office, leading to an order for a supplementary investigation. Following more than three rounds of attendance during police interrogations, a final decision not to refer to prosecution (no suspicion) was successfully obtained for all remaining charges.

Case Inquiry: Attorney SHIN, Joon sun