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자금세탁방지를 위한 내부조사와 변호사의 직무상 비밀 - 스위스 연방대법원의 결정례를 중심으로 -

Author
정상민
Journal Title
국제법무
Publication Year
2022
Topics
Summary

Corporate internal investigations are crucial for preventing illegal acts and strengthening compliance management, and it is desirable for lawyers, as legal experts, to take the lead to reduce legal risks. Internal investigation reports may contain unfavorable information for the company and could lead to civil, criminal, and administrative disadvantages if disclosed externally, thus requiring protection from arbitrary seizure by investigative authorities. Therefore, corporate internal investigations should be an autonomous area where lawyers' expertise is exercised, and communications between lawyers and companies, as well as investigation reports, should be absolutely protected by attorney-client privilege.

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