How Should Companies Handle Internal Documents and Emails During a Korean Government Investigation?

Short Answer

Companies should preserve potentially relevant documents and electronic data, but they should also understand which authority is conducting the investigation and what legal procedure is being used.

Different authorities have different powers regarding document requests, on-site inspections, electronic evidence, and criminal search and seizure. Companies should avoid destroying documents, implement an appropriate legal hold, and review document requests carefully before responding.

Companies should also be aware that Korean law does not generally recognize attorney-client privilege in the same way as some common law jurisdictions, so communications with in-house or external counsel should not automatically be assumed to be protected from disclosure.

Should Companies Preserve Documents Immediately?

Yes.

Once a company becomes aware of a government investigation or reasonably anticipates one, it should take steps to preserve potentially relevant information.

This may include:

• Emails
• Internal reports
• Contracts
• Accounting records
• Electronic files
• Cloud-based documents
• Messaging platform communications

Deleting or altering documents during an investigation may create significant legal risks.

Should Companies Implement a Legal Hold?

In many cases, yes.

A legal hold helps ensure that potentially relevant documents are preserved while the company evaluates the scope of the investigation.

The hold should generally cover:

• Relevant employees
• Email accounts
• Local computers
• Shared drives
• Cloud storage
• Business messaging platforms
• Other potentially relevant electronic records

The scope should be tailored to the investigation rather than applied indiscriminately.

Can Regulators Request Internal Documents?

Yes.

Depending on the applicable law, Korean authorities may request:

• Business records
• Internal communications
• Accounting documents
• Compliance materials
• Electronic data

The extent of those powers depends on the authority involved and the legal procedure being used.

Companies should first confirm the legal basis, scope, and purpose of the request before producing documents.

Are Emails and Electronic Data Covered?

Often, yes.

Government investigations frequently involve emails, electronic documents, and other digital evidence.

In criminal investigations, electronic evidence may be collected through court-authorized search and seizure procedures. Regulatory authorities may also request electronic materials where authorized by the applicable statute.

Companies should avoid deleting or modifying electronic data once an investigation has begun.

Are Communications with Lawyers Automatically Protected?

Not necessarily.

Many foreign companies are familiar with broad attorney-client privilege protections in common law jurisdictions.

Korean law, however, follows a different legal framework. Companies should therefore avoid assuming that communications with in-house counsel or external lawyers will automatically be protected from disclosure or use during an investigation.

Where sensitive legal communications are involved, companies should obtain legal advice before producing documents.

What About Documents Stored Outside Korea?

Potentially.

The fact that documents are stored outside Korea does not necessarily prevent Korean authorities from requesting them.

Depending on the nature of the investigation, authorities may seek documents through:

• Requests directed to the Korean entity
• Regulatory investigative powers
• Criminal investigative procedures
• International cooperation mechanisms, where appropriate

The applicable legal process depends on the authority involved and the relevant statute.

Practical Considerations

Companies responding to a Korean government investigation should:

• Preserve potentially relevant documents immediately
• Consider implementing a legal hold
• Avoid deleting or modifying electronic data
• Confirm the legal basis and scope of every document request
• Avoid assuming that communications with lawyers are automatically privileged under Korean law
• Seek legal advice before producing sensitive materials

Conclusion

Proper document preservation is one of the most important aspects of responding to a Korean government investigation.

Rather than responding automatically, companies should first determine which authority is conducting the investigation, what legal powers are being exercised, and which documents are actually covered by the request before deciding how to proceed.