Press Coverage

Efforts to expand practical opportunities for prospective lawyers... Jeju National University Law School 'expects' to improve students' skills Jeju National University Law School (hereinafter referred to as Law School) announced on the 24th that it signed an MOU with Daeryun Law Firm (Yuhan) on the 23rd. At the MOU signing ceremony held in the professor conference room of Jeju National University Law School, CEO Kim Kuk-il of Law Firm (Limited), attorneys Oh Kyung-hoon, Ko Seung-seok, and Song Eui-seok of Jeju National University attended the ceremony. Law Institute Director Lee Yoon-seok, Department Head Kim Sang-heon, and Professor Ko Jun-seong and other officials attended. Daeryun Law Firm (Limited) currently operates 39 offices across the country, and in the Jeju region, the Jeju branch office is located within a 5-minute walk from the Jeju District Court and the Jeju District Prosecutors' Office, improving customer accessibility and convenience. Jeju National University Law School, which has produced numerous lawyers since its opening in 2009, is taking the lead in nurturing excellent legal professionals, including producing four successful applicants in this year's trial researcher selection process. This agreement was designed to provide students at Jeju National University Law School with opportunities for practical training and for human exchanges at the level of education and research. Kim Kuk-il, CEO of Daeryun Law Firm (Limited), said, "Daeryun is a global company by establishing branches beyond Korea and in Japan and the United States. “We are preparing to take a leap forward as a law firm. In realizing Daeryun’s vision, we consider cooperative relationships in each region to be important,” he said, adding, “We will do our best to foster talent through cooperation with Jeju National University, and we will actively help Daeryun in any areas that can be of help, including internships.” Lee Yun-seok, director of Jeju National University Law School, said, “Through this MOU, we will be provided with various opportunities, such as selecting essential topics for practice and classes focused on case analysis and practice.” “Jeju National University has relationships with many Korean lawyers, so we will actively help Daeryun Law Firm (Liuhan) advance into Japan,” he said. “Based on Daeryun Law Firm (Liuhan)’s solid plan, we expect that our students will be able to become true lawyers.” Daeryun Law Firm (Liuhan) will continue to provide high-quality practical opportunities to students and foster competent lawyers through close cooperation with law schools at universities in various regions across the country. I plan to go out. [View full article] - Jeju National University Law School - Daeryun Law Firm (Yuhan) signs MOU (Go here)

Attorney Hyun Byeong-hee of Daeryun Law Firm (Limited) Even if a couple divorces, if they have minor children, they will be responsible for raising them. In the event of a divorce, one parent becomes the custodian and takes care of the child, and the parent who does not have custody fulfills the duty of raising the child by paying child support. Even if child support is not properly received, the child can be reimbursed for the expenses incurred while raising the child. If there was no originally confirmed child support or a divorce was made without agreement on child support before the enforcement of the child support provision, the costs can be paid through a lawsuit for past child support even after the child becomes an adult. However, the Supreme Court ruled that the statute of limitations on the right to past child support does not run while the child is a minor and the child support obligation continues, but runs from when the child becomes an adult and the child support obligation ends, so past child support can only be claimed for 10 years after the child becomes an adult. On the 18th, the Supreme Court unanimously ruled that the right to claim posthumous child support for a minor child is only valid for 10 years from the time the child becomes an adult. In the case of child support, the Supreme Court precedent, which ruled that the statute of limitations does not run until a specific right to claim arises through agreement between the parties or a family court decision, has changed after 13 years. According to the current law, child support must be paid until the minor child reaches the age of 19, and if child support has not been received, past child support can be claimed even after the child becomes an adult. However, if past child support can be claimed indefinitely, there is a problem that those receiving the claim will have to spend their entire lives in a state of instability. In this regard, the Supreme Court ruled that it was necessary to apply a 10-year statute of limitations from the time the minor child reached the age of majority because it did not comply with the purpose of the statute of limitations system. The statute of limitations is a system that recognizes the extinguishment of rights due to non-exercise of rights for a certain period of time. In the case of general civil claims, the statute of limitations is 10 years, and if the right is not exercised within the period, the legal effect disappears. With this ruling, the statute of limitations for the right to past child support, like general claims, begins after the child becomes an adult. The Supreme Court's unanimous decision stated, "The statute of limitations for the right to past child support does not run while the child is a minor and the child support obligation continues, but runs from when the child becomes an adult and the child support obligation ends." While the child is a minor, child support may fluctuate, so it cannot be considered a complete property right, but once the child becomes an adult, the amount becomes fixed. Therefore, the purpose is that the calculation of the statute of limitations begins like a general claim. Accordingly, if you have not received child support, you will need to quickly prepare a lawsuit to claim past child support before the right to claim expires. This is because there is no legal way to respond after the rights are extinguished. At this time, it must be understood that past child support may be recognized differently from the amount claimed. When calculating child support in the past, in addition to the objective costs of raising children, various factors such as the parties' financial situation and fairness of burden are taken into consideration. If you want to receive maximum recognition for the amount claimed, you need to make sufficient preparations according to the advice of a legal expert. It is realistically difficult for an individual to prepare materials that will be accepted at trial. Therefore, if you have not received child support, which is your right as a custodian, you must take care of the first step, such as calculating the amount. [View full article] - [Contribution] Claiming child support can only be done up to 10 years after the child becomes an adult (link)

Expert: “At the time of birth, the fate of the child is at stake” Controversy is brewing after a woman in her 20s released a video saying, “I had an abortion at 36 weeks of pregnancy.” In this case, which occurred after the abortion law was abolished, the Ministry of Health and Welfare filed a complaint with the police accusing the woman of ‘murder’, and the police announced a strict response policy and began identifying the suspect. According to the police on the 22nd, a mandatory investigation was launched to identify the suspect in the video related to the recent claim by a YouTuber that she had an abortion at 36 weeks of pregnancy. The police, who received an investigation request from the Ministry of Health and Welfare on the 12th, assigned the case to the Seoul Metropolitan Police Agency's criminal task force and are speeding up the investigation by investigating a Ministry of Health and Welfare official as the complainant the next day. An official from the National Investigation Headquarters of the National Police Agency said at a regular press conference on the 22nd, “We executed a search and seizure warrant last week to identify the suspect.” When asked, “Did they search and seize YouTube Korea?” he answered, “It was a search and seizure of the media where the video was uploaded.” It has not yet been identified who the YouTuber in question is or who the doctor in charge of the abortion procedure was. Regarding this, the official said, "It will take some time to identify the person who posted the video, find out the facts, and determine the condition of the fetus." He added, "The exact situation and condition of the fetus must be confirmed before the charge is determined. If the abortion charge is found to be unconstitutional and the Ministry of Health and Welfare provides an opinion, we will review the law as a murder charge." Meanwhile, an expert who spoke to Segye Ilbo on this day said, “The 36th week of pregnancy is the time when childbirth is possible,” and added, “It appears that whether or not the child dies will determine whether a murder charge is established.” Under the criminal law, abortion was illegal for both the pregnant woman who caused the abortion and the doctor who performed the abortion, but in April 2019, the related article was ruled unconstitutional, and the crime of abortion was eliminated, so there are no punishment provisions. However, an official from the Ministry of Health and Welfare said, “We requested an investigation by referring to the court precedent that charged a doctor who aborted a 34-week fetus with murder,” and added, “We filed the complaint with the intention of asking for punishment if the facts (such as whether the abortion actually occurred) are correct.” The regulations that were determined to be unconstitutional are criminal laws, and the Enforcement Decree of the Maternal and Child Health Act (Article 15) allows abortions only within 24 weeks of pregnancy. However, abortion after 24 weeks of pregnancy is illegal under the Maternal and Child Health Act. Considering that there is no punishment for abortion under the criminal law, the Ministry of Health and Welfare requested an investigation on charges of murder instead of violation of the Maternal and Child Health Act. The legal community considers whether the child died at the time of birth as the key issue. Attorney Na-ri Park of Daeryun Law Firm pointed out, “Under civil law, it is important to determine whether the child was alive at the time of birth. If the child was alive, it can be considered murder.” However, he explained, “If the child was dead, it cannot be considered murder,” and “36 months of pregnancy is the time when you can give birth right away. It is clear that the child was born by cesarean section or induced labor, but there seems to be a high possibility that the child is alive.” He added, “The issue in this case is for the prosecution to understand the records after childbirth,” and added, “It appears that medical records or closed-circuit television (CCTV) can be decisive evidence.” He added, “Actually, if you look at the 2021 case law, the Seoul Central District Court sentenced an obstetrician to prison for causing death by burying the child after giving birth through induced labor at 34 weeks of pregnancy,” adding, “At that time, the crime of abortion had been abolished.” [View full article] - Are those in their 20s shaken by the suspicion of ‘36-week abortion’? Police identify suspect (link)

■ Consumers are angry at the ‘refund only if cancellation within 10 minutes’ rule… A number of additional victims have been confirmed ■ Victims in the process of filing a claim for refund of lodging expenses have received a decision to have their bonds provisionally seized. Recently, as the number of cases of refunds being denied in the process of booking and canceling accommodations through online lodging platforms has increased, Daeryun Law Firm (Lihan) announced on the 17th that it has decided to recruit affected consumers and file a class action lawsuit. In particular, as the holiday season approaches, posts complaining about the refund regulations of lodging platforms are appearing one after another in online communities and social media. Even though they expressed their intention to cancel reservations within a legal period, lodging platforms unilaterally adopted a non-refundable policy, causing serious damage. According to the Korea Consumer Agency, the number of consumer consultations received in August last year, the peak summer vacation season, was 46,084, with consultations related to ‘hotels and pensions’ increasing the most at 96.4% compared to the previous month. The content of the consultation appeared to be mainly complaints about excessive cancellation penalties. According to Article 17 of the Electronic Commerce Act, consumers who have entered into a contract for the purchase of goods, etc. with a mail-order seller can express their intention to withdraw their subscription within 7 days from the date of receiving a written letter regarding the contents of the contract. If the consumer legally exercised the right to withdraw the contract, the seller must return the payment regardless of the reason, but many lodging platforms only allow cancellation requests within 10 minutes. The reservation system is operated by creating separate terms and conditions that allow for refunds. The accommodation platform claims that it is not subject to the law on the regulation of terms and conditions because it is only in charge of brokerage and is not a party to the contract. The lodging company also claims that it is not a party to the contract. Daeryun Law Firm (Limited) recognizes that there are many damages caused by the lodging platform's non-refundable policy and is taking the position of providing legal representation for the victims. Previously, Daeryun filed a lawsuit for refund of unfair profits once against the lodging platform on behalf of employee A. Mr. A made a hotel reservation through an accommodation platform, but immediately requested cancellation of the reservation. However, the lodging platform rejected Mr. A's request, saying that it would be difficult to issue a refund because the reservation was not canceled within 10 minutes. Accordingly, Daeryun Law Firm (Limited) filed a lawsuit against Yanolja, a lodging platform, on behalf of Mr. A. “We are currently receiving a flood of inquiries from consumers who have been harmed by similar cases,” he said. He added, “The refund policy created by the lodging platform violates several laws, including the Electronic Commerce Act and the Terms and Conditions Act, and is unfair because it excessively restricts consumers’ right to cancel without reasonable grounds.” He added, “We will help consumers exercise their reasonable rights.”  [View full article] - Daeryun Law Firm (Limited) pursues a class action lawsuit for victims of lodging platforms (Click here)

Law firm Daeryun refuses refund despite request for refund within deadline due to 'internal regulations', gathers consumers and prepares for class action lawsuit Yanolja "Refund within 10 minutes is rather a 'consumer protection policy'" The tyranny of the lodging platform Yanolja is rising to the surface. This is because even if consumers request a refund within a legal period after making a reservation, the refund is refused due to reasons such as internal regulations of the accommodation platform. Accordingly, consumers are preparing a class action lawsuit based on violations of the Electronic Commerce Act and the Terms and Conditions Act. According to Daeryun Law Firm on the 19th, it is recruiting consumers who have suffered damage from the accommodation platform to file a class action lawsuit. Although consumers expressed their intention to withdraw their subscription within a legal period, the fact that the accommodation platform refused to refund due to internal regulations became a problem. The areas that Daeryun took legal issue with were ▲violation of the E-Commerce Act and ▲violation of the Terms and Conditions Act. There are two things. First of all, according to Article 17 of the Electronic Commerce Act, the regulations related to withdrawal of subscription, consumers who purchased goods with mail order sellers can withdraw their subscription within a certain period of time. Most products traded under the Electronic Commerce Act can be withdrawn within a week. However, currently at Yanolja, you cannot get your money back unless you cancel within 10 minutes for products that are offered at special prices. According to Article 6, Paragraph 2 of the Terms and Conditions Act, clauses that are unfairly disadvantageous to customers, clauses that are difficult to predict, and clauses that limit fundamental rights are presumed to have lost fairness and are therefore invalid. Daeryun believed that Yanolja's refund policy was unfairly disadvantageous to customers. It is pointed out that fairness has been lost as the refund policy is favorable to Yanolja and unfavorable to the customer. A representative from Daeryun said, "I understand that if a refund is made with a short period of time left before the reservation date, Yanolja will have no time to resell the product, but 10 minutes is too short." He added, "Being able to cancel only within 10 minutes is extremely advantageous to the seller and unfavorable to the consumer." In response, Yanolja said, "Under the Electronic Commerce Act, we are a 'mail order intermediary' and have “It does not constitute a party to either party when concluding an accommodation contract between affiliated stores,” he said. “Due to the nature of accommodation products, resale opportunities are lost over time, so the provisions of the Electronic Commerce Act clearly state that cancellation of subscription does not apply.” Rather, the position is that a refund within 10 minutes is a 'consumer protection device' that allows cancellation even if the customer is negligent or simply changes his mind. Regarding the Terms and Conditions Act, he drew a line, saying, "The applicable subject is clearly defined in the law and there is no fact that our terms and conditions have been applied in the case, so it is not a case to discuss violation of the Terms and Conditions Act in the first place." Previously, Daeryun received a decision to provisionally seize the bond in a lawsuit against lodging platform Yanolja for the return of lodging fees. Currently, a lawsuit is being filed for refund of lodging expenses due to the policy of not being able to cancel same-day reservations. In 2016, a court ruling was issued stating that if you cancel a flight ticket purchased from an online shopping mall within a week, you can receive a full refund regardless of airline regulations. The purpose is to apply the Electronic Commerce Act, which stipulates that contracts unfavorable to consumers are invalid.  [View full article] - Yanolja "No refund after 10 minutes"... Angry consumer class action lawsuit (link)

Law & Biz, Korea Economic Daily's legal and law firm media platform, will brief you on law firm industry news on the 17th.  Daeryun Law Firm Strengthens Tax Litigation Response Ability Daeryun Law Firm is strengthening its tax litigation response ability, including preemptive response to tax evasion risks, led by the Corporate Legal and Tax Administration Group. Under the direction of each group leader, teams of 3 to 20 people were formed, including not only tax attorneys but also accountants, tax accountants, and digital forensics experts. Attorney Won-il Won (28th class of the Judicial Research and Training Institute, right in the photo), who leads the corporate legal group, is a former judge and served as the head of the legal office at the legal office of POSCO Holdings and its subsidiary POSCO Future M, where he handled various corporate dispute cases. Attorney Kwak Nae-won (25th class), head of the Tax Administration Group, specialized in tax and administrative litigation while working at the Seoul Administrative Court in 2004, and is registered with the Korean Bar Association as a lawyer specializing in administration and inheritance. YK recruits lawyer Man-soo Han, a ‘master of tax law’ Law firm YK has recruited lawyer Man-soo Han (13th class, photo) as its representative attorney. Attorney Han is a tax law expert who has provided tax advice to large law firms such as Kim & Chang and Yulchon for over 20 years. Since 1998, he has participated in government tax system reform by serving as an advisor to the Tax Office of the Ministry of Finance and Economy, a member of the Tax Development Deliberation Committee of the Ministry of Finance and Economy, a non-permanent judge of the Tax Tribunal, and a member of the Tax Development Deliberation Committee of the Ministry of Strategy and Finance. It also completed major sales, such as Lehman Brothers' sale of Woori Bank's non-performing loans and Lone Star's sale of Gangnam Finance Center. With the addition of one lawyer, the number of lawyers at YK exceeds 300. Sejong Law Firm becomes the first of the top five law firms to acquire ISO17100 certification. Shin & Sejong Law Firm acquired the ‘International ISO17100 Translation Service Management System Certification’ from Lloyd’s Register (LRQA), a British International Organization for Standardization (ISO) review agency. It is the first among the top five law firms in Korea. ISO17100 is an international standard certification in the field of translation services established by ISO in 2015 and guarantees that the acquiring company is providing excellent quality translation services. Sejong, MOU with medical company Kimedi Law firm Sejong signed a business agreement (MOU) with medical platform company Kimedi, which has approximately 47,000 medical personnel as its customers. The purpose is to check in advance legal issues that customers in the medical and pharmaceutical fields, such as taxation, inheritance/gift, and personnel management, may face, and to cooperate closely in sharing the latest trends in related industries and know-how to respond to regulations. The Sejong Healthcare professional team has increased its competitiveness in the medical field by recruiting attorney Seongtae Kim (32nd class) from Kim & Chang, advisor Youngsik Byun, a pharmaceutical pricing expert, Byungjun Bae from the Ministry of Health and Welfare, Jinhee Lee (35th class), a former pharmacist and former judge, and Hyeyoung Park, former chief prosecutor of the food and drug crime investigation department at the Seoul Western District Prosecutors' Office (34th class).  [View full article] - Dae-Ryun and YK strengthen tax response… Sejong Strengthens Medical Competitiveness [Law & Biz Briefing] (Shortcut)

Chungnam National University Law School fosters local legal talent who are well-versed in both legal theory and practice. Daeryun provides practical experience in a variety of fields, from civil and criminal to corporate law. Daeryun Law Firm (Liuhan) announced on the 17th that it has signed an MOU with Chungnam National University Law School (Law School) to foster excellent legal professionals. The MOU signing ceremony held on the 9th in the faculty conference room of the Chungnam National University Law Library was attended by CEO Kim Kuk-il and attorney Lee Ki-jun of Daeryun Law Firm, Director Seo Bo-guk and Vice-Director Kim Ki-seon of Chungnam National University Law School, Law Department Dean Choi Yun-seok, and Patent and Law School Vice Dean Woo Mi-hyung. Daeryun Law Firm (Limited) is currently operating the largest number of branch offices in the country. In the South Chungcheong region, we are also communicating with local clients through two offices. Established in 2009, the Chungnam National University Law School has grown steadily and is solidifying its position as the best legal training institution in the central region, producing 6 trial researchers and 5 prosecutors this year. Based on this agreement, the two institutions plan to improve the quality of local legal services by nurturing talent familiar with both legal theory and practice. Chungnam National University Law School students Daeryun Law Firm (Limited) plans to provide practical training opportunities to gain field experience, share legal-related research results and academic information, and join forces to strengthen the theoretical capabilities of prospective lawyers. Director Seo Bo-guk of the Chungnam National University Law Institute said, “As competition in the legal profession is becoming increasingly fierce, there is a need to go beyond simple theoretical studies and also build various practical capabilities.” He added, “If students accumulate diverse experiences at Daeryun, which is growing rapidly, they will become excellent lawyers. Kim Kuk-il, CEO of Daeryun Law Firm (Limited), said, “We are planning to expand the office as the Daeryun office is developing rapidly. We need active support from Chungnam National University Law School students.” He also said, “Daeryun has also begun preparations for overseas expansion to Japan and the U.S.,” adding, “We provide professional training so that students entering the practice can build global capabilities through Daeryun’s overseas branches.” “We will design a curriculum,” he said. Daeryun Law Firm (Lihan) plans to continue to reduce blind spots in legal services by signing MOUs with legal centers in each region across the country and take the lead in nurturing local legal talent.  [View full article] Law Leader - Daeryun Law Firm and Chungnam National University Law School sign an MOU to nurture excellent legal professionals (Go to the link) Law School Times - Daeryun Law Firm, this time signed a business agreement with the Law School of Chungnam National University (Go to the link)

Prepare countermeasures for each type... Establishment of specialized group collaboration response team Corporate tax and income tax reduction, tax authorities investigation, etc. Reduce disposition through explanation of transaction entities Daeryun Law Firm announced on the 17th that it is actively responding to tax evasion risks and tax litigation by linking specialized groups such as corporate law and tax administration. Daeryun's corporate legal and tax administration group takes the lead in order to effectively respond to civil, criminal, and administrative cases related to tax evasion crimes. Attorney Won-il Won, head of the corporate legal group, served as a judge at the Seoul Central District Court, etc., and served as head of the legal office at the legal office of POSCO Holdings and POSCO Future M and handled numerous corporate dispute cases. Attorney Nae-won Kwak, head of the tax administration group, handles tax and administrative litigation at the Seoul Administrative Court. As an administrative and inheritance lawyer registered with the Korean Bar Association, he plays a key role in preemptive response to tax evasion risks. Under the leadership of the group leader, a team of 3 to 20 people, including tax attorneys, accountants, tax accountants, and digital forensic experts in each field, is formed and responded depending on the size of the case. In particular, intensive tax investigations are being conducted on small and medium-sized businesses that have recently received corporate tax and income tax reductions from the National Tax Service. In this regard, we are fully prepared. Previously, the tax authorities have introduced support measures to reduce corporate tax and income tax within a certain percentage in case of regional dispersion of companies and suppression of overcrowding and establishment of businesses outside of regions. Currently, as the number of cases of abuse of benefits increases, tax investigations are being conducted to check at the national level. Daeryun provides professional assistance from the tax audit process. It prevents incorrect responses to tax investigations, such as hiding data or submitting false data in order to reduce the amount of tax to be collected, and helps prevent it from escalating into a tax violation investigation. Attorney Won Hyeong-il said, “A tax investigation is slightly different from the interpretation of ordinary legal acts. What the parties to the case see from an accounting or taxation perspective may be different, so consultation with an expert is necessary.” He added, “It is necessary to consult with an expert.” He said, "We will be able to prepare thoroughly in advance before the issue escalates." Attorney Kwak Nae-won emphasized, "If you receive expert help from the tax investigation stage, even difficult cases can be easily resolved without going into tax litigation. The initial response determines the outcome. If you are caught up in a related case, it is advisable to get help from a tax lawyer who can clearly analyze the facts, regulations, and legal principles."  [View full article] Edaily - Daeryun Corporate Legal Affairs and Tax Administration Group, ‘Full Operation’ to respond to tax litigation (Shortcut) Aju Economic Daily - [Law Firm Lounge] Daeryun Corporate Legal Affairs and Tax Administration Group, ‘Full Operation’ to respond to tax litigation (Shortcut) Tax Ilbo - Daeryun Corporate Legal Affairs and Tax Administration Group, ‘Full Operation’ to respond to tax litigation (Shortcut)

The Ministry of Health and Welfare is causing controversy after it released a video in which a woman in her 20s who filed a police complaint on suspicion of murder said she had an abortion at 36 weeks of pregnancy. In this case, which occurred after the abortion law was abolished, the Ministry of Health and Welfare filed a complaint with the police accusing the woman of ‘murder’, and the police announced a strict response policy. An expert who spoke to Segye Ilbo on the 17th said, “If you are pregnant at 36, this is the time when you can give birth,” and added, “It seems that whether or not the child dies will determine whether a murder charge is established.” On the other hand, some people suspect ‘manipulation’ and claim that it is “simply to attract the attention of obese women.” This is because there are many cases where individual YouTubers manipulate broadcasts to increase the number of subscriptions. As the police begin their investigation, it appears that the truth will soon be revealed. Previously, the Ministry of Health and Welfare received a complaint from the police requesting that they investigate YouTuber A (claimed to be in her 20s) and the doctor in charge of A's surgery on murder charges. Person A, who claimed to be a woman in her 20s, posted a video on YouTube on the 27th of last month titled ‘Total surgery cost 9 million won, 120 hellish hours’ and claimed that she underwent an abortion at 36 weeks of pregnancy. She added, "At first, I didn't know I was pregnant, but I thought I just gained a lot of weight. The result of my indifferent attitude made me want to die." Person A reported that after being refused abortion surgery at several hospitals, she underwent incision surgery at one hospital. In response to Mr. A's claims, the Ministry of Health and Welfare requested an investigation after receiving legal advice. It is known that this is the first time that the Ministry of Health and Welfare has requested an investigation into a case of full-term abortion. Under the criminal law, abortion was illegal for both the pregnant woman who caused the abortion and the doctor who performed the abortion, but in April 2019, the related article was ruled unconstitutional, and the crime of abortion was eliminated, so there are no punishment provisions. However, an official from the Ministry of Health and Welfare said, “We requested an investigation by referring to the court precedent that charged a doctor who aborted a 34-week fetus with murder,” and added, “We filed the complaint with the intention of asking for punishment if the facts (such as whether the abortion actually occurred) are correct.” The regulations that were determined to be unconstitutional are criminal laws, and the Enforcement Decree of the Maternal and Child Health Act (Article 15) allows abortions only within 24 weeks of pregnancy. Abortion after 24 weeks of pregnancy is illegal under the Maternal and Child Health Act. Considering that there is no punishment for abortion under the criminal law, the Ministry of Health and Welfare requested an investigation on charges of murder instead of violation of the Maternal and Child Health Act. In relation to this, Seoul Metropolitan Police Agency Chief Jo Ji-ho said at a regular press conference that day, “There is an expert opinion that it is possible to come out of the womb and live an independent life at 36 weeks.” He added, “Unlike other general abortion cases, we plan to investigate heavily.” He continued, “Traditional theories and precedents related to abortion do not recognize the crime of murder, but an investigation into the specific circumstances is necessary.” He added, “We will look at the applicable laws and charges after comprehensive fact-checking of various types (forms), such as death in the uterus or outside the uterus.” The legal community is also in the same position as Commissioner Cho. Attorney Na-ri Park of Daeryun Law Firm, who spoke to Segye Ilbo on this day, pointed out, “Under civil law, it is important to determine whether the child was alive at the time of birth. If the child was alive, it can be considered murder.” However, he explained, “If the child was dead, it cannot be considered murder,” and “36 months of pregnancy is the time when you can give birth right away. It is clear that the child was born by cesarean section or induced labor, but there seems to be a high possibility that the child is alive.” He added, “The issue in this case is for the prosecution to understand the records after childbirth,” and added, “It appears that medical records or closed-circuit television (CCTV) can be decisive evidence.” He added, “Actually, if you look at the 2021 case law, the Seoul Central District Court sentenced an obstetrician to prison for causing death by burying the child after giving birth through induced labor at 34 weeks of pregnancy,” adding, “At that time, the crime of abortion had been abolished.” Meanwhile, it has not yet been confirmed whether the claim of ‘pregnancy abortion surgery’ is true. The police said, “The investigation must begin with the premise that it is true.” On the other hand, some argue that it is “a self-made play by an obese woman.” However, this too has not been confirmed. The woman in question deleted all related videos after it became public knowledge through the media.  [View full article] - Police “severe investigation” into ‘36-week abortion’, experts say “murder possibility”… Possibility of simple ‘obesity’ (link)

'Increasing the age for feigned rape of minors' was unanimously decided to be constitutional. The main issue was whether or not prior knowledge of minors was a minor. On the 1st, the Constitutional Court ruled that the provisions of the criminal law punishing adultery by applying fictitious rape of minors to minors between the ages of 13 and 16 do not violate the Constitution. Article 297 of Article 305, Paragraph 2 of the Criminal Act, which stipulates punishment for adultery and molestation of minors; In the constitutional appeal case regarding Articles 297-2 and 298 (2022 Heonba 106, etc.), the judges unanimously decided that they were constitutional. According to Article 305 (Adultery and Molestation of a Minor) Paragraph 2 of the Criminal Act, if an adult over the age of 19 commits adultery or molestation with a minor between the ages of 13 and 16, it is considered rape, quasi-rape, or forcible molestation and is punished. It has nothing to do with the consent of the other party. Previously, this provision only applied when the victim was under the age of 13. However, as digital sex crimes against teenagers became controversial following the so-called 'N Room and Doctor's Room Incident', the Criminal Act was revised in May 2000. Paragraph 2 was newly established and the age standard was raised to ‘under 16’. This decision is the first judgment since the above provision was newly established. The Constitutional Court ruled that the provision did not violate the principle of prohibition of excessive sexual activity because it is a legal measure to protect minors from inappropriate sexual stimulation or infringing acts. The Constitutional Court said, “People between the ages of 13 and 16 cannot fully exercise their right to sexual self-determination, just like people under the age of 13.” The Constitutional Court said, “Even if the sexual act was done with consent, it is based on an incomplete understanding of the meaning of the sexual act, so it is not possible to fully exercise sexual self-determination.” “It cannot be evaluated as an exercise of the right to self-determination,” he said, explaining the reason for its constitutionality. The idea is that digital sex crimes against minors who lack the right to sexual self-determination are becoming more sophisticated, so minors should be protected more broadly. The petitioners for this constitutional petition are defendants who were indicted under the application of an increased age standard. The claimants claimed that the clause violated the principle of prohibition of excessiveness and violated the right to sexual self-determination and freedom of privacy. In particular, they said that this clause did not take into account the age, physical and mental maturity of the victim, or the specific relationship between the perpetrator and the victim. Limiting the punishment to those over 19 years old also raised issues. If you intentionally lied about your age in order to get a settlement, discussions on raising the age standard have been consistently raised, including the recommendation of the United Nations Committee on the Rights of the Child (UN CRC) to raise the age. This decision by the Constitutional Court goes beyond discussion and prepares practical measures as the exposure of youth to the risk of sexual crimes increases due to the activation of SNS, as in the 'N Room incident'. Recently, the court has been imposing stronger punishments on sexual crimes against minors. Article 302 of the Criminal Act stipulates that a person who commits adultery or molestation against a minor or a mentally weak person through fraud or force shall be punished by imprisonment for not more than 5 years. If rape is committed through assault or intimidation, it is punished in accordance with Article 7, Paragraph 1 of the Special Act on the Punishment of Sexual Violence Crimes, and is punishable by imprisonment for life or imprisonment for a fixed term of 10 years or more. Sometimes, the victim intentionally approaches the victim by lying about his or her age in order to get a settlement money, or Because it is difficult to identify age, if the act was committed under the assumption that the victim was an adult, charges may be unfairly applied. During the trial, whether prior knowledge of the fact that the victim was under the age of 13 becomes an important issue. At this time, you must prove that you did not know the victim's age through objective evidence. If you have been wrongfully accused, you must consult with a professional lawyer from the beginning of the case to come up with a plan to prove the circumstances at the time of meeting the victim. Legal assistance is needed to collect objective evidence and prevent intentionality from being recognized.  [View full article] - [Legal S Story] “Access by lying about age”… If you are unfairly accused of molesting a minor (Go here)