Q
Civil attorney, do I have to pay back the debt of my father who left home?
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Our company recently received notification that we're subject to financial statement review by the financial authorities. They say it's different from auditing, but I'm worried whether it's just a simple document review or could lead to issues like accounting fraud. I'd like to know if I need legal advice from an accountant attorney at this stage.
civil attorney
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Hello. This is the civil attorney at Daeryun Law Firm (LLC).
You and your mother have no legal obligation to repay your father's debt on his behalf.
In principle, debt is attributed only to the debtor themselves, and the mere fact of being family does not cause children or spouses to bear it.
If there is no fact of having provided guarantee or assumed the debt, you and your mother cannot be held liable for the loan your father received from the loan company.
In addition, debt collectors must not use violent methods such as assault and intimidation against the debtor or their related persons, or demand that someone who has no obligation to repay the debt do so on their behalf, causing fear or anxiety.
Particularly, repeated phone calls, contact at night, and collection acts that exert psychological pressure are strictly prohibited under related laws, and violations may be subject to criminal punishment.
Therefore, urging you or your mother to repay the debt simply because there is no contact with your father is highly likely to be illegal.
If such contact continues, please record the call content and time, and report to the Financial Supervisory Service or investigative agency, or respond with the help of a civil attorney.
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