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7 places including News 1
2024-08-20
부산대, 법무법인 대륜과 글로벌 법조인 양성 협약
Pusan ​​National University, Daeryun Law Firm and Global Legal Professional Training Agreement
Cooperation to revitalize research and education Pusan National University announced with Daeryun Law Firm on the 20th that it signed an agreement to foster global legal professionals at the university headquarters on campus. With this agreement, the two institutions decided to provide Pusan National University students with opportunities to gain practical experience in order to cultivate excellent legal professionals and to actively cooperate in revitalizing research and education through supporting legal counseling, holding joint research and academic seminars, and inviting lectures. Pusan National University President Choi Jae-won said at the agreement ceremony that day, "Through this agreement, we We hope that the institution will create a cooperative relationship to foster excellent legal professionals and contribute to the development of the local community.” Kim Kuk-il, the representative attorney of Daeryun Law Firm, said, “With this agreement, Daeryun has begun preparations for overseas expansion, and through this agreement, Daeryun’s specialized lawyers in each field will play the role of an external legal office that responds to various legal needs at Pusan National University, improving the quality of legal services in the region and seeking systematic support so that students who will be employed in practice can expand into Daeryun and the global market.” Pusan National University Law School explained that, as a national university law school that boasts the highest level of ability in the country, it provides a systematic curriculum and learning environment, achieving the best performance and results among university law schools in the country in terms of appointment of trial researchers and prosecutors every year. Pusan National University Law School ranked second among university law schools nationwide by producing 9 new prosecutors this year, and also produced 7 new trial researchers, the fourth most. In the past six years, there have been 26 new judges from Pusan ​​National University, ranking 4th in the nation. Meanwhile, Daeryun Law Firm currently operates 40 offices nationwide and communicates with local clients through 3 offices in the Busan area. [View full article] News 1 - Pusan National University, MOU with Daeryun Law Firm to nurture global legal professionals (go straight) Busan Ilbo - Pusan National University, MOU with Daeryun Law Firm to nurture global legal professionals (go straight) Asia Economy - Agreement between Pusan National University and Daeryun Law Firm to foster global legal professionals (go straight) CNB News - Pusan National University and Daeryun Law Firm join hands to foster global legal professionals (go straight) Issue - Pusan National University and Daeryun Law Firm signed a business agreement to nurture global legal professionals (Go to the link) University Journal - Pusan National University and Daeryun Law Firm join hands to ‘train global legal professionals’ (Go to the link) Veritas Alpha - Signed an MoU to nurture global legal professionals with Pusan National University Daeryun Law Firm (Go to the link) ENews Today - Pusan National University and Daeryun Law Firm to foster global lawyers Business Agreement (Go to) Law Journal - Pusan National University Law School and Daeryun Law Firm to “Train Global Legal Professionals” Business Agreement (Go to)BBS News - Pusan ​​National University Law School and Daeryun Law Firm, legal professional training, etc. agreement (link)
Korean economy
2024-08-19
티메프 채권단 체급 커지자…대형로펌도 참전
As Timeev’s creditors grow in size… Large law firms also participate
Legal battle over self-rescue plan Prospect Gwangjang, Lin, Daeryun, and Hwa-hyun, litigation representative Nasa Pacific, provide legal advice to the creditors' council with a lawyer specializing in rehabilitation Jipyong, law firms supporting 'TimePv Corporate Rehabilitation', foresee a showdown over the effectiveness of the self-rescue plan before the rehabilitation council on the 30th. The delay in settlement of 'TimePrice' (Timon, WeMakePrice), which has moved to court, is leading to a legal battle between major law firms. In the process of Timef's Autonomous Restructuring Support (ARS) program, a creditors' council was formed to negotiate with Timef over the restructuring plan, and large law firms such as Pacific Law Firm and Gwangjang Law Firm are jumping in one after another, foreshadowing a full-scale tug-of-war within the creditors. View larger imageHorizon vs. Plaza/Pacific/LinAccording to the legal community on the 18th, ahead of the first creditors' council meeting held privately on the 13th, law firms including Gwangjang, Lin, Daeryun, and Hwahyun submitted power of attorney as litigation representatives for creditors. Lin and Daeryun are law firms that have been communicating with affected businesses and individuals by launching a dedicated center and task force (TF) from the beginning of the incident. Creditors of large corporations joined in by appointing large law firms such as Gwangjang. Pacific and others submitted their opinions as representatives of creditors. This means that even if they are not officially in charge of litigation representation, they are representing the interests of creditors by providing legal advice to them. In Pacific, it is known that rehabilitation lawyers from the Future Finance Strategy Center, led by Han Jun-seong, former vice president of Hana Bank, are representing several creditors belonging to the creditors' council. Currently, Timon's creditors are SC First Bank and Simone Asset Management, and WeMakePrice's creditors are SC First Bank and Korea Culture Promotion. Since there are so many creditors, it is highly likely that more law firms will join in the future. The debtor, Timef, applied for corporate rehabilitation to the court on July 29 and appointed Jipyong Law Firm. Jipyong has long served as legal advisor to Q10 Group, the parent company of Timef. Among Jipyeong's representatives, attorney Jang Pom (Judicial Research and Training Institute 39th class) and Seo Dong-cheon (2nd class) are known as corporate rehabilitation experts. However, Jipyong does not plan to take charge of filing criminal complaints or filing charges against executives such as Q10 Group CEO Koo Young-bae, Timon CEO Ryu Gwang-jin, and WeMakePrice co-CEO Ryu Hwa-hyun. It has been reported that Yoo & Yang Law Firm will be handling the criminal case against CEO Koo separately.Chief Justice of the Rehabilitation Court who advocated the ‘principle of equality’At the first creditors' council, TimePrice submitted a self-rescue plan that prioritized repayment of 100,000 small creditors (40,000 Timon and 60,000 WeMakePrice) whose damages amounted to less than 2 million won, but the court effectively rejected it. It is known that Seoul Rehabilitation Court Chief Justice Ahn Byeong-wook expressed a critical opinion citing the ‘principle of equality’ in rehabilitation procedures. It is reported that Chief Justice Ahn expressed his position at the council meeting, saying, “It is against the principle of equality that the same claims are repaid first because they are small amounts, while large creditors are not repaid or the timing of repayment is delayed.” It is expected that a fierce battle of minds among law firms will unfold over the effectiveness of the self-rescue plan before the second council meeting on the 30th. Timef plans to accept the criticisms of the court and creditors and first seek ways to normalize the company. However, creditors are skeptical about the possibility of securing investment funds by the end of this month. A lawyer representing the affected company pointed out, “If an investor does not appear to invest sufficient funds, both the establishment of a new corporation and the rehabilitation plan are uncertain.” Meanwhile, creditors who were not selected as members of the council are reportedly considering filing a constitutional complaint against the Financial Services Commission, the Financial Supervisory Service, and the Ministry of SMEs and Startups. [View full article] - Timef creditors' weight increases... Large law firms also participate (link)
Monday newspaper
2024-08-19
[칼럼] 안락한 죽음의 방향
[Column] The direction of a comfortable death
I received a question from a Hong Kong lawyer about what Korea's 'Advance Medical Directive' system is like. It is said that you are researching the institutionalization of Hong Kong's advance medical directive system. This involves preparing related decisions in advance in case a patient is unable to make medical decisions, and includes the intention to discontinue life-sustaining treatment. In other words, it is a type of euthanasia as a system for discontinuing life-sustaining treatment. Euthanasia is broadly divided into four types. On one axis are active and passive, and on the other axis are others and oneself. In other words, death is actively chosen by others, actively by oneself, passively by others, and passively by oneself. In Korea, the 'Life Sustaining Treatment Decision Act' was first implemented in 2017, and a legal system for discontinuing life-sustaining treatment is in place, but only 'passive euthanasia by others' is allowed and the scope is very limited. According to the Life Sustaining Treatment Decision Act, only patients in the process of dying with no possibility of medical recovery and imminent death are allowed. It is permitted to discontinue measures such as CPR, artificial respiration, and hemodialysis that only meaninglessly prolong the period of the dying process. In this case, either the patient must register an advance directive for life-sustaining treatment (i.e., the same as the advance medical directive above) with the responsible agency in advance, or the patient's family must go through strict procedures and prepare a life-sustaining treatment plan. It is difficult to meet all of these requirements, and there are many ambiguous areas in which it is difficult to determine whether the requirements are met. For example, in reality, the judgment of whether a patient is in the process of dying or simply a 'terminal patient' can become an issue. However, in a survey of 1,000 people conducted by Seoul National University Hospital in 2022, 76.3% of the public said that they were in favor of 'euthanasia'. Specific reasons for approval were 'meaninglessness of remaining life' at 30.8%, 'right to a dignified death' at 26.0%, 'reduction of pain' at 20.6%, 'family pain and burden' at 14.8%, and 'social burden due to medical expenses and care' at 4.6%. In addition, as a result of a 2023 opinion poll of 1,000 people conducted by the Seoul Shinmun and the Korea Public Opinion Research Institute, 81% responded that they were in favor of introducing 'physician-assisted dying', while only 6.7% were opposed. The reasons for being in favor were 'guaranteeing the right to self-determination' at 29.0%, 'relieving pain due to illness' at 27.7%, 'comfortable death' at 23.1%, 'reducing the mental and economic burden on the family' at 18.0%, and 'reducing social burden' at 2.1%. According to these surveys, public opinion is currently positive about euthanasia. Of course, the actual public opinion may differ from this depending on the sample and reliability of the survey, and such public opinion may be the result of not carefully considering the 'right to self-determination regarding death', which is the essence of the euthanasia discussion, as the reason for the approval of Seoul National University Hospital's survey is that 'the meaninglessness of remaining life' is higher than the right to self-determination. Nevertheless, it cannot be denied that our society is currently interested in decisions about a comfortable death. In fact, a total of 924,271 advance directives for life-sustaining treatment have already been registered from 2018, when the life-sustaining treatment decision system was introduced, to May 2022, showing that public awareness and recognition of the life-sustaining treatment decision system is increasing. Ultimately, our society is moving in the direction of expanding the scope of euthanasia. It is moving forward, and ultimately it will happen. It's just a matter of limitations and timing. Last July, the ‘Assisted Death with Dignity Act’ (enactment) was proposed. The law includes provisions that allow terminally ill patients to choose their own time of death. It is an attempt to expand patients' options for death compared to the existing system for discontinuing life-sustaining treatment. Of course, there are still many problems to be solved in the institutionalization of euthanasia or death with dignity, whether passively or actively. There are still many problems that remain, such as the fact that it may not be their true intention, that they may choose euthanasia due to economic or psychological pressure due to lack of medical expenses or the perception of their family, and that the system may be abused or misused. Now, the discussion on whether euthanasia is acceptable will be a process of resolving that problem. No one is born by their own choice. However, in this society where the individual's right to choose to live his or her own life is respected, shouldn't the choice to complete one's life also be respected? Take time to think about what that ‘respect’ means. [View full article] - [Column] Direction to a comfortable death (link)
Korean economy
2024-08-19
성적 수치심 들면 성희롱?…법적 기준 뜯어보니 [법알못]
If you feel sexually humiliated, is it sexual harassment?... Looking at the legal standards [I don’t know the law]
Whether or not the victim felt 'sexual shame' during the procedure "Evidence can only be admitted if the statement is consistent" The standard for 'shame' is also an acceptable level according to 'social norms' The 'scope of the procedure' must be agreed upon in advance to avoid legal disputes Last month, a man, a traditional dancer and Hanbok designer, was indicted on charges of violating the Act on the Protection of Children and Adolescents from Sexual Harassment (Acheong Act) by sexually harassing his same-sex high school student. His student is known to have stated in a statement to the prosecution, “(The perpetrator) put his hand inside the person’s underwear under the pretext of giving a massage.” As cases of sexual assault crimes under the pretext of giving a massage continue to occur, questions about the legal standard that distinguishes between the two acts are growing. Experts emphasize that in order to prevent unfair cases for both suspects and victims, it is important to leave evidence of 'intention' in advance. "The victim's 'sexual shame' is the only evidence? Exaggerated" It is true that massage performed for therapeutic or cosmetic purposes must be agreed in advance on the 'scope of treatment' through consent forms and recordings, making it difficult to distinguish from sexual harassment in that it presupposes physical contact. Also, during the procedure, some clothes may have to be removed, so there is usually no closed-circuit television (CCTV) inside the procedure room and it is difficult to find nearby witnesses. According to a 2002 Supreme Court precedent, physical contact, commonly referred to as 'sexual harassment', is punished under Article 298 of the Criminal Act. The provision states that a person who commits an indecent act against another person through assault or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won. The Supreme Court considers that applying tangible force to the body against the other person's will also violates the relevant law under the term 'surprise molestation'. If the victim of forced molestation is a minor, Article 7, Paragraph 3 of the Acheong Act applies and can result in imprisonment for a term of more than two years or a fine of not less than 10 million won but less than 30 million won. In addition, according to Article 20 of the same law (special provisions regarding the statute of limitations), the statute of limitations under the Criminal Procedure Act does not apply. It is known that the 'sexual shame' felt by the victim is usually the standard for determining whether physical contact, such as massage, constitutes forcible molestation. However, experts point out that the interpretation of the law is somewhat exaggerated. As subjectivity is greatly involved, the explanation is that there must be consistent statements for sexual shame to be recognized in the trial. In fact, in 2020, the court acquitted the defendant, who was an exercise manager, due to the lack of consistency in the victim's statement in a case of forced molestation that occurred at an exercise center in Seongnam, Gyeonggi-do. The victim who received a massage from him was not acknowledged for sexual shame as the part of the body he touched changed during the statement. Choi Hyun-deok, lawyer at Daeryun Law Firm, said, "In sexual crimes, it is often thought that the victim is unconditionally at the center, but in reality, the court considers whether sexual shame applies based on the standards of 'ordinary people' with general social norms." He emphasized, "It is an exaggeration to say that 'the victim's tears are evidence' in a sex crime trial." Byeong-cheol Han, lawyer at Korea Central Law Firm, said, "Of course. He explained, "It is true that the shame felt by the victim is the main criterion for the judgment of investigators such as police at the indictment stage," but added, "However, when entering a trial, a lot of data and context are examined, and even lie detectors are used. Unlike the past, when the court accepted testimony as the only evidence, there is a growing tendency to accurately examine the circumstances." Therefore, experts advise that in order to prevent legal disputes between the suspect and the victim, the scope of the massage treatment must be agreed upon in advance. Attorney Byeong-cheol Han said, "When receiving treatment at a professional massage shop, unnecessary controversy can be reduced if the scope of the treatment is clearly notified in advance and a consent form is obtained." He added, "When giving or receiving a massage in everyday life, it is effective to record the situation at the time. Recording the conversation between the parties is not illegal even without consent." The victim is also innocent. In order to prevent being wrongfully accused, it is important to report promptly and secure evidence to prove the suspect's intent. One lawyer emphasized, “Even if you report it as a forcible molestation, the actual trial will be held at least six months later, so the situation at the time may be confusing during subsequent testimony,” and “You must leave evidence in various ways in advance.” One lawyer said, “As soon as you see the victim, leave a KakaoTalk or text message about the situation at the time to an acquaintance or friend, or if you received sex counseling, keep a diary to increase the evidentiary power of your testimony.” He added, “However, at the level of ‘social convention’, “We must keep in mind that this is shame and take legal action,” he added. [View full article] - Sexual humiliation is sexual harassment?... Looking into the legal standards [I don’t know the law] (Shortcut)
Sports Seoul
2024-08-19
재력 과시해 수억 원 갈취…‘로맨스 스캠’ 50대 구속기소
Extortion of hundreds of millions of won by showing off wealth... 50-year-old arrested for ‘romance scam’
A man in his 50s who extorted hundreds of millions of won through a so-called 'romance scam' method of extorting money by exploiting the other person's goodwill was arrested and handed over to trial. The Seoul Central District Prosecutors' Office announced that Mr. A, who is in his 50s, was arrested and indicted on the 14th on charges of fraud and intimidation. Mr. A approached Mr. B, a woman he met through an application early this year, introducing himself as an executive of a foreign company. The two, who had many common interests such as religion, quickly became close and began dating. That's it. Afterwards, Mr. A asked Mr. B to lend him 7.8 million won, saying that he needed to urgently settle the remaining debt owed to his parents. Mr. A's crimes became even bolder. It was revealed that less than a week after receiving 7.8 million won, he once again asked Mr. B to lend him 320 million won. He emphasized that he was receiving an annual salary in the hundreds of millions of won and that if his new business was successful, he could receive performance bonuses worth billions of won. In particular, he reassured Mr. B by promising marriage and saying that he would introduce him to his parents. In response, Mr. B again transferred 320 million won, but Mr. A's attitude was There was a sudden change. He began to verbally abuse Mr. B and even assaulted Mr. B when he asked for a breakup. Due to his continued demands for money and stalking, Mr. B eventually filed a complaint against Mr. A. Mr. A, who was being investigated by the police, was arrested last July, and the prosecution, which took over the case, decided to indict Mr. A. Attorney Lee Gwang-soo of Daeryun Law Firm (Limited), who served as the legal representative for the victim, said, “Mr. He explained, “I lied about all information, including my educational background,” and “Flaunting false information and deceiving the other person as if I had the power to repay is a clear act of deception and constitutes fraud.” He added, “This case is a typical ‘romance scam’ crime that extorts money under the guise of love,” and added, “As the victim is currently complaining of extreme damage to the extent that it is difficult to live a daily life, there is a need for severe punishment.” [View full article] Sports Seoul - Extortion of hundreds of millions of won by showing off wealth... 50-year-old arrested for ‘romance scam’ (link)
2 places including Asia Economy
2024-08-16
[로펌은 지금]법무법인 대륜, 고품질 법률 서비스로 지속 성장
[Law Firm Now] Daeryun Law Firm continues to grow with high-quality legal services
Headquarters-centered management of all cases, customer satisfaction, actively recruiting experts such as accountants and labor attorneys in addition to top-tier lawyers every year, improving ‘service quality’, a chronic problem at networked law firms, operating a Customer Satisfaction Center… Daeryun Law Firm (Limited), which reflects customer feedback in real time, is showing continuous growth by providing high-quality legal services and realizing customer-centered management, its core value. According to the legal community on the 16th, Daeryun has narrowed regional gaps in legal services and upgraded legal services as case management is centered on the headquarters, which is the control tower, and each regional office can provide high-quality services. This is in contrast to the negative perception of the lower quality of legal services, which has been considered a chronic problem of existing network law firms. In particular, Daeryun is the first law firm to operate a customer satisfaction center since October of last year and is striving to provide better services by reflecting customer feedback in real time. The purpose is to listen to the voices of actual customers and make improvements. In addition, we are accelerating the recruitment of various experts to provide systematic legal services. We are actively recruiting professional talents active in various fields, including accountants, tax accountants, labor attorneys, and qualified evidence investigation experts. However, there are also negative views within the legal community regarding Daeryun's rapid growth. There is concern that quality management of legal services may be neglected as the size grows. A legal representative said, “Daeryun has branch offices in major regions across the country and is taking on many cases. It is also actively advertising, so small lawyer offices are struggling.” He added, “If we want to resolve the question of ‘whether service quality is good compared to growth,’ which is a chronic problem for network law firms, we will need to show a clear strategy to improve quality.” Contrary to such concerns, Daeryun has maintained a one-team principle and further strengthened the nationwide office cooperation system, showing different actions from other network law firms. The reason the one-team system is possible is because judges, former prosecutors, and key lawyers who have been active in the region reside in major offices and branch offices across the country. In addition, the company moved its headquarters to Yeouido early this year, breaking the mold of a typical law firm with its headquarters located near Seocho-dong, where the court is located. He also received attention for his actions. The relocation of the headquarters was carried out to increase accessibility to corporate customers while expanding the scope of activity to corporate cases. Kim Kuk-il, CEO of Daeryun Law Firm, said, "I understand that many officials are voicing concerns about law firms that take on relatively more cases due to the saturation of the legal market. We are making improvements through continuous monitoring of areas of concern." He added, "Daeryun will not neglect customer-centered management in the future so that customers can conveniently enjoy legal services without worrying about time and place." Concerns raised by some are raised. Regarding the voices, CEO Kim emphasized, “We will continue to manage and repair issues that are considered chronic problems,” and added, “We will continue to think about the quality of legal services with our members in proportion to our growing scale.” Daeryun is operating the largest number of offices nationwide by benchmarking the advanced systems of American law firms. In order to become a global law firm, we are planning to enter Japan this year. [View full article] Asia Economy - [Law Firm Now] Daeryun Law Firm continues to grow with high-quality legal services (Go here)Law Leader - Daeryun Law Firm, leading the legal market with high-quality one-stop legal services (Click here)Money S - “Customer satisfaction is the top priority”... Daeryun Law Firm changes legal market trends (Go here)
Gangwon Ilbo
2024-08-15
강원일보-법무법인 대륜 ‘법률자문 협력관계 업무협약’ 체결
Kangwon Ilbo and Daeryun Law Firm conclude ‘Legal Advisory Partnership Business Agreement’
Systematic legal service support for Kangwon Ilbo's rights and interests Daeryun Dae-Ryun's policy of providing customized legal advice by specialized lawyers in each field Systematic legal advisory services are supported to protect the rights and interests of Kangwon Ilbo. Kangwon Ilbo (CEO: Park Jin-oh) and Daeryun Law Firm (Representative Attorney: Kook-il Kim) signed a 'Business Agreement for Legal Advisory Cooperation' at the Gangwon Ilbo conference room on the 14th. This business agreement is with Gangwon Ilbo. Daeryun Law Firm was established to provide prompt and accurate advice on legal issues that arise while employees are performing their duties. According to the agreement, Daeryun decided to provide legal advice across all business areas of the company through experts in related fields such as lawyers, accountants, and tax accountants at the request of Gangwon Ilbo. Daeryun is the best law firm in Korea composed of lawyers from courts, prosecutors, and police with more than 20 years of legal experience. A team of professional lawyers in each field with unrivaled experience are developing customized legal strategies to protect the rights and interests of clients. In particular, it is possible to provide optimized consulting services by operating a total of 22 specialized centers in each field, including corporate law, taxation, finance, intellectual property rights, criminal affairs, civil affairs/damage compensation, evidence investigation/forensics, and legal counseling. In addition, we have over 40 branches nationwide, including the Seoul headquarters, Chuncheon, and Wonju, the largest number among law firms, and are establishing a specialized legal consultation system anywhere in the country. In the future, we plan to establish overseas corporations, including a Tokyo branch and a New York branch, to grow into a global law firm. Kim Kuk-il, the representative attorney at Daeryun Law Firm, said, “This is our first legal advisory business agreement with a newspaper company, and we will strive to ensure that our win-win cooperation with the Gangwon Ilbo will lead to an improvement in the quality of Daeryun’s local legal services.” Park Jin-oh, president of Gangwon Ilbo, said, “The signing of this business agreement means that Gangwon Ilbo is the best daily newspaper in the country, and Daeryun is a world-class daily newspaper.” “We expect this to be a stepping stone to our growth as a law firm,” he said. [View full article] - Kangwon Ilbo and Daeryun Law Firm conclude ‘Legal Advisory Partnership Business Agreement’ (Go here)
Korean economy
2024-08-13
"왠지 소름 돋아요"…3개월차 신입, 퇴사 고민 빠진 이유가 [법알못]
“It gives me goosebumps for some reason”… A new employee with 3 months of experience is worried about leaving the company [I don’t know the law]
Reason for complaining of new employee after 3 months: “Is it okay if I get a consent form?”... Is there any illegality in 'employee PC surveillance'? When checking messengers such as KakaoTalk using 'screen recording', "There is a high possibility of violating 'secret infringement' under the Internet Act" "Camera recording" for working from home is also illegal. "Consent is not enough... Be sure to check the 'scope of purpose'" "I feel like I am working while being watched. It gives me goosebumps for some reason." Netizen A, who said he had been with the company for three months, recently asked on an online community, "Is there any company that monitors employees' computer screens in real time like this?" He said, “I have to share not only all the files on my personal computer (PC) but also KakaoTalk chats,” and “I’m wondering whether I should continue working for this company.” As telecommuting has emerged as a new type of work environment after COVID-19, demand for programs that monitor employees' PCs in real time is gradually increasing. However, despite the advantages of effective attendance management and security maintenance, it is pointed out that some functions have a high risk of violating current laws, such as invasion of privacy. "There is a high possibility that it will be used for expedient 'messenger surveillance'" The 'camera recording' function for working from home is also controversial. A program that can check, record and save the PC screen in real time during work hours can be operated under current law with employee consent, but the problem is the personal messenger used by employees. This is because if personal messenger content is exposed in real time through screen relay, it may violate Article 49 (Protection of Confidentiality, etc.) of the Information and Communications Network Act. This provision states that one must not infringe, steal, or leak other people's secrets that are processed, stored, or transmitted through information and communications networks. If you violate this, you may be punished by imprisonment for up to 5 years or by a fine of up to 50 million won pursuant to Article 71 of the same law. In fact, monitoring company A openly advertises on its website that it can check messengers such as KakaoTalk, Telegram, and Line used by employees. This is all through real-time screen recording. Regarding this, an official from the company said, "It is possible to 'shade' a specific messenger through settings," but "the authority lies with the administrator." Choi Hyun-deok, lawyer at Daeryun Law Firm, said, "It is of course legal for a company to check 'business conversations' later for the purpose of confirming whether an employee has committed misconduct," but explained, "However, it is difficult to immediately determine whether the messenger conversation captured in the real-time screen recording was for personal purposes. In fact, there is a high possibility that it will amount to wiretapping of personal conversations." Kim Byeong-jun, a lawyer at the Inguayul Law Firm, also analyzed, "As it is technically difficult to check conversations directly through the messenger program server, screen recording-type monitoring seems to have become established." He added, "Expedient monitoring of messenger conversations clearly has an illegal aspect." In addition, as the number of people working from home has recently increased, concerns have arisen about the 'camera recording' function, which was created for the purpose of checking attendance and work attitude. Through this function, companies can check employees working from home in real time through a separate video camera or the camera built into the laptop. It is of the opinion that the camera used for this function may be considered a video information processing device under Article 2 of the Personal Information Protection Act. Previously, famous pet trainer Kang Hyeong-wook was also caught up in suspicions that the company he ran monitored employees through video information processing devices, commonly known as closed-circuit (CCTV) TVs. Attorney Choi Hyun-deok said, "The camera recording function of the monitoring program can be interpreted as a mobile CCTV. According to Article 25, Paragraph 2 of the Personal Information Protection Act, such devices are prohibited from being installed in areas where privacy is violated when collecting information through wired or wireless Internet. 'Inside the house' is judged to be a private area." Experts advise that even if you agree to monitoring, you need to check whether the program is being operated according to its actual purpose and scope of use. In fact, in 2009, the Supreme Court ruled that in order for a company to check messengers and e-mails, even if an employee consents, there must be a justification for the purpose and circumstances that can specifically and reasonably suspect a crime. Attorney Choi emphasized, "In a situation where the form and scope of employee surveillance is controversial, recent lower court results show that the courts are basically becoming increasingly strict with the viewing and leakage of personal information. Even if consent is given, there is a need to carefully consider whether the program was used within the scope that exactly fits the purpose of collecting personal information, such as attendance management and security maintenance." He added, "This issue is still a matter of intense debate in the legal community," and added, "As Supreme Court precedents regarding employee surveillance using new technologies such as real-time recording programs accumulate, clearer legal standards are expected to be established." [View full article] - “It gives me goosebumps for some reason”… 3-month new employee, the reason why he was worried about leaving the company [I don’t know the law] (Shortcut)
2 places including Edaily
2024-08-13
법무법인 대륜, ‘대학생 서포터즈’ 발대식 개최
Daeryun Law Firm holds inauguration ceremony for ‘College Student Supporters’
Daeryun Law Firm (Limited) announced on the 13th that it held an inauguration ceremony for the ‘1st College Student Supporters’ and began full-fledged activities by drafting a selection letter and conducting research on precedents for 20 university students. At the inauguration ceremony held on the 12th, Daeryun Law Firm CEO Kuk-il Kim, CEO Dong-il Park, CEO Chan-woo Jeong, and Chairman Jae-guk Shim attended the inauguration ceremony. In the first group of college student supporters, 20 college students were appointed as publicity supporters and will support Daeryun Law Firm's publicity activities for three weeks. This support group recruited applicants to provide college students with an opportunity to develop legal expertise and social responsibility. The 20 supporters appointed at the launch ceremony will develop their legal expertise by participating in various programs such as △production of promotional content △practice writing drafts △study of actual cases and precedents △blog posting of winning cases and latest precedents △trial observation △interviews with lawyers. In particular, it is expected to be an opportunity for students considering entering law school through mentoring by professional lawyers, including guidance on the LEET test, physical fitness know-how, time management strategies, and law firm selection criteria. All first-generation college student supporters will be paid a small activity fee, and benefits such as issuance of a certificate of completion will be provided upon completion of the activity. Only those with excellent program participation and activity will be selected and issued a certificate of excellence. Kim Kuk-il, CEO of Daeryun Law Firm, said, "We sincerely welcome the supporters selected for the first group. We have held this program to foster experts who will lead the legal field. We hope that they will grow into legal experts by combining field experience and theoretical learning through supporter activities." Meanwhile, Daeryun Law Firm, which has the largest number of offices in Korea, operates 39 branch offices across the country to resolve legal blind spots and provides uniform legal services anywhere in the country. [View full article] Edaily - Daeryun Law Firm holds a launching ceremony for ‘College Student Supporters’ (Go to here) Law Leader – Daeryun Law Firm holds a launching ceremony for ‘College Student Supporters’ (Go to here)
Seoul Newspaper
2024-08-13
줄 서는 ‘무상’ 소방교육, 돈 내면 즉각 출동… ‘안전’ 파는 소방관
‘Free’ firefighting training to stand in line, immediate dispatch if you pay… Firefighters selling ‘safety’
When some proposed an external lecture and paid 150,000 won for 2 hours, they immediately accepted it. The Fire Department said, “If you report the lecture, there is no problem.” The legal profession said, “If you don’t report, there is a job-related compensation.” “We must strengthen internal regulations to prevent lectures.” Mr. Kim (55), who runs a small business in Seoul, inquired at a fire station in Seoul to receive ‘on-site fire safety training’, but unlike previous years, received an answer that “you have to pay the fee.” When Mr. Kim, who had been receiving education for free, asked about the exact cost, the answer was, “Please set it within a reasonable range.” In the end, Mr. Kim offered 150,000 won for a 2-hour lecture, and the fire department immediately accepted. According to the Seoul Shinmun coverage on the 12th, it was found that some firefighters are pocketing the lecture costs by diverting the on-site fire safety education, which is supposed to be provided free of charge, to external lectures. This is an abuse of the fact that waiting or schedule adjustments are required to receive free education. The National Fire Agency's position is, “We do not collect lecture fees exceeding the amount set by the Anti-Graft Act, and there is no problem as long as you report after the lecture.” However, as this training is free in principle and contains content directly related to safety, such as fire evacuation methods and CPR, it is pointed out that misuse should be prevented in advance. According to the National Fire Agency, front-line fire departments are forming training teams of 3 to 4 people to provide related training, including on-site fire safety training. Although on-site fire safety training is not mandatory, it is in high demand because it allows you to learn practical fire response methods such as evacuation drills. Just looking at the Seoul Fire and Disaster Headquarters, 221,115 people received training in 2022 and 391,161 people last year. The National Fire Agency said, “Basically, on-site fire safety training is provided free of charge, but if you receive a request for an external lecture, etc., you must report it within 12 days.” “According to the Anti-Graft and Corruption Act, the lecture fee is not a problem as long as it does not exceed 400,000 won per hour or 600,000 won per day.” “I don’t,” he said. However, if the lecture fee is not reported after receiving the training, measures such as caution, warning, and completion of cyber training will be taken along with refund of the lecture fee. An official from the Ministry of Personnel Management explained, “If a firefighter requests training costs without reporting it to his or her agency, it may be a violation of the civil servant’s duty of good faith.” However, since course registration can be made by phone rather than the Internet, it is not easy to catch training that has not been reported. Choi Hyeon-deok, a lawyer at Daeryun Law Firm, said, “Safety training can be seen as a firefighting job for the sake of prevention. If the money was unilaterally requested or not reported after an external lecture, it can also be seen that the public official received money related to his job.” Fire safety experts believed that internal regulations should be strengthened to fundamentally block the induction of paid lectures and the level of disciplinary action for unreported training should be raised. The purpose is to increase reliability and transparency in education. Lee Young-joo, a professor in the Department of Fire and Disaster Prevention at Kyungil University, said, “Accepting even a small amount of money can create a false perception by lowering the credibility of education.” Kim Gyeong-jin, a professor in the Department of Industrial Safety and Fire Protection at Woosuk University, said, “The fire department needs to manage the training schedule uniformly so that free training can be given priority.” [View full article] - ‘Free’ firefighting training while waiting in line, immediate dispatch if you pay… Firefighters selling ‘safety’ (link)
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