CONTENTS
- 1. Other Evidence Investigation | Understanding the Concept
- - Methods of Securing Other Evidence
- - Points to Note in Other Evidence Investigation
- 2. Other Evidence Investigation | Details by Type of Work
- - Investigation of Trust Relationships Before and After a Contract
- - Trade Secret Leakage and Insider Investigation
- - Investigation in Response to Financial Crimes Such as Fraud and Embezzlement
- - Worker Issues and Workplace Misconduct Investigation
- - Response to Online Defamation and Cybercrime
- - Investigation of Former Employee Non-Competition and Contact with Competitors
- - Factual Investigation Relating to Will and Inheritance Disputes
- - Informal Dispute Mediation Materials Outside Judicial Proceedings
- 3. Other Evidence Investigation | Reasons It Must Be Conducted
- - The Role of the Daeryun Law Firm Evidence Investigation Center
- - The Role of the Daeryun Law Firm Digital Forensics Center
- - Other Evidence Investigation Checklist
1. Other Evidence Investigation | Understanding the Concept
Other evidence investigation can be used in any legal procedure where materials need to be secured in advance or where there is a risk that evidence may be lost.
In a legal dispute, what matters most in the end is evidence that can prove the facts.
This is because, although a judgment is rendered through legal reasoning, the underlying facts can be established only through evidence.
The possibility of a legal dispute arises in far broader and more varied situations than the litigation areas we commonly think of, such as civil litigation, criminal litigation, family litigation, and administrative litigation.
In particular, a company's business activities, an individual's private transactions, and internal disputes often require an assessment of legal liability or call for the protection of rights, even if they do not clearly fall within existing litigation categories.
In this way, investigative work to identify the substantive truth or to clarify liability is necessary even at a pre-litigation stage or when a dispute has not yet been formalized.
And the overall activity of securing evidence that arises outside or at the boundary of the field of legal disputes can be defined as other evidence investigation.
This includes matters where an unlawful act is suspected but a complaint has not yet been filed, verification of the other party's creditworthiness before concluding a contract, identification of whether information has been leaked within an organization, investigation of misconduct within an office, and diagnosis of the possibility of a dispute arising between companies.
Methods of Securing Other Evidence
Other evidence investigation is carried out in various forms depending on the nature of the case.
To secure important evidence that may determine the outcome of litigation, an accurate evidence-collection strategy is required, along with the ability to convert it into evidence that carries legal effect.
In addition, because unlawfully collected evidence may lose its legal effect, it is necessary to thoroughly review whether the evidence was collected lawfully.
It is also necessary to sufficiently understand the legal requirements related to the evidence and to be able to clearly demonstrate how the evidence relates to the case.
Points to Note in Other Evidence Investigation
Other evidence investigation is conducted in a wide range of fields, and the legal requirements that apply differ for each type of evidence.
For example, when collecting evidence containing personal information, such as financial transaction records or call records, the legal regulations of the Personal Information Protection Act and others must be sufficiently understood and complied with.
In addition, if the evidence is not submitted in a manner that can prove its relevance to the case, it may not be recognized as evidence in court.
It is therefore important to obtain the legal advisory of an attorney experienced in this area, along with the assistance of an evidence-collection professional when needed.
2. Other Evidence Investigation | Details by Type of Work
The following are examples of evidence by type of work for which other evidence investigation is needed.
Investigation of Trust Relationships Before and After a Contract
▶Purpose of Investigation: Identifying the counterparty's credit status, past transaction history, dispute record, actual management control structure, and similar matters
▶Areas of Application: Investment contracts, supply contracts, franchise contracts, mergers and acquisitions (M&A), construction subcontracts, and similar matters
▶Examples of Evidence: The counterparty's record of breach of obligations, history of using a false business registration certificate, verification of disguised affiliates, and similar matters
Trade Secret Leakage and Insider Investigation
▶Purpose of Investigation: Confirming whether information has been leaked by a departing employee or a competitor, and securing evidence of internal misconduct
▶Areas of Application: Leakage of industrial technology, NDA violations, monitoring of competitor business activities, and similar matters
▶Examples of Evidence: Records of copying leaked materials, email forensics, tracking of movements before and after departure, whether a departing employee has taken a position in the same industry, and similar matters
Investigation in Response to Financial Crimes Such as Fraud and Embezzlement
▶Purpose of Investigation: Tracing the flow of funds related to a suspect or corporation on behalf of the victim and collecting materials to prove liability
▶Areas of Application: Investment fraud, corporate embezzlement, funding fraud, unauthorized fund-raising (illegal deposit-taking), and similar matters
▶Examples of Evidence: Fund flow charts, records of borrowed-name account use, fabricated tax invoices, forged contracts, communication records among victims
Worker Issues and Workplace Misconduct Investigation
▶Purpose of Investigation: Objective fact-finding on internal incidents such as sexual harassment, workplace bullying, and abuse of personnel authority
▶Areas of Application: Personnel disciplinary action, internal audits, measures against those who violate company rules, and similar matters
▶Examples of Evidence: Messenger conversations, emails, CCTV analysis, securing of statements from surrounding parties
Response to Online Defamation and Cybercrime
▶Purpose of Investigation: Securing evidence regarding online dissemination of false information, malicious comments, account theft, and digital stalking
▶Areas of Application: Complaints for insult and defamation, claims for damages, and similar matters
▶Examples of Evidence: Captured posts, IP tracing request documents, time-stamped URL log records, analysis of original Twitter/blog text, and similar matters
Investigation of Former Employee Non-Competition and Contact with Competitors
▶Purpose of Investigation: To determine whether a non-competition obligation has been breached, and to trace employment with and activities at a competitor
▶Areas of Application: Breach of a non-disclosure agreement (NDA) entered into with a former employee, and breach of a non-competition covenant
▶Examples of Evidence: Social media activity, industry registration records, traces of use of company materials, indications of customer solicitation, and similar items
Factual Investigation Relating to Will and Inheritance Disputes
▶Purpose of Investigation: The authenticity of a will, confirmation of heirs' conduct, the status of assets, and similar matters
▶Areas of Application: Division of inherited property, claims for return of the legally reserved portion, lawsuits to nullify a will, and similar matters
▶Examples of Evidence: Handwriting analysis of a holographic will, medical records from the day of execution, and records of asset transfers by heirs
Informal Dispute Mediation Materials Outside Judicial Proceedings
▶Purpose of Investigation: To secure materials for out-of-court dispute mediation and negotiation
▶Areas of Application: Termination of a corporate MOU, response to claims, subcontracting unit-price disputes, and similar matters
▶Examples of Evidence: Emails before and after a claim arose, bid-price comparison tables, and on-site photographic materials
3. Other Evidence Investigation | Reasons It Must Be Conducted
▶Why should a company conduct other evidence investigation?
For example, if there are signs that a former employee has taken a position at a competitor but it is unclear whether a non-competition clause has been violated, legal action cannot be taken until the clear facts are established.
In addition, if the legal trustworthiness or actual asset status of a counterparty that has concluded a supply contract is unclear, that in itself becomes a risk.
In such cases, other evidence investigation should be carried out beforehand even before commencing civil litigation procedures, and the direction of the legal response may change depending on the results.
▶Why should an individual conduct other evidence investigation?
For example, in cases of continued insult on social media, threats to expose private matters between partners, monetary disputes among family members, or unilateral disposal of jointly titled property, the response strategy may differ dramatically depending on how evidence is collected before legal procedures are pursued.
In some cases, a single line of a text message or a recorded call file can change the course of litigation.
On the other hand, if securing evidence fails, one may be placed in a situation where, no matter how clear the wrongdoing was, it cannot even be asserted as a legal matter.
In the end, other evidence investigation is a preliminary procedure that precisely diagnoses the possibility and risk of a legal dispute before it becomes explicit and strategically prepares the evidence needed for future legal action.
Because evidence investigation is not merely the collection of information, it must be organized in a provable form and composed of materials at a level that can be admitted in court.
It is therefore an area that is possible only when legal professionals and evidence-investigation professionals cooperate in an integrated manner.
The Daeryun Law Firm Evidence Investigation Center and Digital Forensics Center possess systems and know-how specialized in this type of other evidence investigation.
If you determine that evidence is needed but it is still too early to proceed to litigation, or that litigation is underway but the existing evidence alone is insufficient, a strategy of proactively managing the situation through other evidence investigation is necessary.
The Role of the Daeryun Law Firm Evidence Investigation Center
Daeryun Law Firm does not stop at simple fact-finding but carries out every stage of evidence investigation, from collection to analysis to strategy development.
It has strengths in other evidence investigation in the following respects, in particular.
▶Providing assistance through lawful procedures in collaboration with professionals holding investigator credentials
▶Purpose-driven evidence investigation aimed solely at resolving a single case
▶Collecting materials in a manner free from concerns of illegality or invalidity, refining only materials that can be submitted in court
▶Analyzing even unanticipated aspects after the investigation and providing continuous feedback
▶Ability to deploy dedicated personnel for online investigation as well, such as pseudonymous account activity
Based on an in-house litigation database, it also guides clients on essential evidence and cooperates so that such evidence can be collected, thereby developing a strategy.
It diagnoses the client's requirements at the time of consultation and the direction of the case, and where the client wishes to proceed to litigation after securing materials, it provides prompt litigation representation.
If you need fact verification and case-related evidence investigation as described above, please request your case at any time through 🔗Evidence Investigation Attorney Legal Consultation Reservation.
The Role of the Daeryun Law Firm Digital Forensics Center
In high-difficulty cases that require establishing unstructured facts or securing non-standard evidence that is difficult to reach through existing legal procedures alone, you may receive the professional assistance of the Digital Forensics Center, which goes beyond data recovery technology to convert data into legal strategy.
This firm identifies decisive clues hidden within a client's everyday records.
The firm also connects various kinds of scattered digital traces to analyze the overall flow of a case with insight, and converts tens of thousands of voluminous materials into strategic resources that attorneys can use.
Through this, the firm can save time so that you may focus on the core of the case.
In addition, the firm helps rebut an opposing party's assertions that rely on conjecture through cross-analysis of data, and scientifically demonstrates the absence of particular records so that this may serve as a strong basis for prevailing in the litigation.
If you wish to uncover objective facts that the opposing party cannot rebut through digital evidence, we recommend using the 🔗Digital Forensics Attorney Legal Consultation Reservation.
Other Evidence Investigation Checklist
| Question | YES | NO |
|---|---|---|
| There is no clear basis to rebut the opposing party's statements or assertions | ◯ | ◻ |
| A lawsuit must be filed or responded to, but there is insufficient material to prove the facts | ◯ | ◻ |
| You wish to learn the opposing party's history, assets, and credibility before concluding a contract | ◯ | ◻ |
| There are indications of unlawful conduct by an employee or a third party, but no evidence | ◯ | ◻ |
| Recovery of digital materials such as social media, messengers, and emails is needed | ◯ | ◻ |
| You wish to secure evidence before negotiation in order to hold a psychological advantage | ◯ | ◻ |
If even one of the above questions is answered ‘YES,’ then other evidence investigation is needed.
Every dispute begins with establishing the truth of the facts and securing materials that can prove it.
Attorneys interpret the law, but only evidence can establish the facts.
Other evidence investigation is necessary at the early stage of a dispute or from a preventive standpoint.
If, through this article, you have assessed the nature of your case and the type of evidence required, we recommend that you commence the investigation without delay.
When needed, the Daeryun Law Firm Evidence Investigation Center and Digital Forensics Center will provide professional and practical assistance.
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