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Money Today
2024-02-27
법무법인(유한) 대륜, 광주광역시광산구의사회와 법률자문 MOU
Daeryun Law Firm (Limited), legal advisory MOU with Gwangju Metropolitan City Gwangsan-gu Medical Association
"Providing assistance in various areas for the development of local medical care" Daeryun Law Firm (Limited) announced on the 27th that it signed a business agreement for legal advice with the Gwangju Metropolitan City Gwangsan-gu Medical Association on the 23rd. This agreement was prepared to respond to medical legal disputes and strengthen the local medical system. The agreement ceremony held at the Gwangju Trade Center was attended by officials including Kim Kuk-il, CEO of Daeryun, Kim Jong-seon, former president of the Gwangju Metropolitan City Gwangsan-gu Medical Association, and new president Ryu Jin-woo. Through this agreement, Daeryun and the Gwangju Metropolitan City Gwangsan-gu Medical Association will: △ Mutual cooperation for the development of local medical care △ Cooperation with medical legal advice △ Exchange of information necessary for mutual exchange △ Protection of medical staff rights and interests Legal consultation △We plan to cooperate with each other in the promotion of seminars and education for joint projects. The Gwangju Metropolitan City Gwangsan-gu Medical Association said, "Through this agreement, we will be able to improve the quality of local medical services," and "We will strive to protect the rights and interests of medical staff based on mutual trust." “We have a large number of experts. We will respond to criminal, civil, and administrative lawsuits and provide high-quality legal services.” He added, "Changes to local medical staff are expected due to the recent revision of the Medical Service Act. We will thoroughly prepare and respond to disputes related to this." Meanwhile, Daeryun Law Firm (Lihan) is a law firm with the largest number of branches in Korea and provides one-stop legal services through an advanced digital collaboration system.  [View full article] - Daeryun Law Firm (Limited), legal advisory MOU with Gwangju Metropolitan City Gwangsan-gu Medical Association
APnews
2024-02-27
Seoul gives young doctors 4 days to end walkouts, threatening suspended licenses and prosecutions
Seoul gives young doctors 4 days to end walkouts, threatening suspended licenses and prosecutions
SEOUL, South Korea (AP) — Junior doctors in South Korea have four days to end their walkouts or they will have their medical licenses suspended and face prosecution, the government said Monday. About 9,000 medical interns and residents have stayed off the job since early last week to protest a government plan to increase medical school admissions by about 65%. The walkouts have severely hurt the operations of their hospitals, with numerous cancellations of surgeries and other treatments. Government officials say adding more doctors is necessary to deal with South Korea’s rapidly aging population. The country’s current doctor-to-patient ratio is among the lowest in the developed world. The strikers say universities can’t handle so many new students and argue the plan would not resolve a chronic shortage of doctors in some key but low-paying areas like pediatrics and emergency departments. Vice Health Minister Park Min-soo said during a televised briefing Monday that the government won’t seek any disciplinary action againt striking doctors if they return to work by Thursday. “We want them to return to work by the end of this month, Feb. 29. If they return to the hospitals they had left by then, we won’t hold them responsible” for any damage caused by their walkouts, Park said. “It’s not too late. Please, return to patients immediately.” But he said those who don’t meet the deadline will be punished with a minimum three-month suspension of their medical licenses and face further legal steps such as investigations and possible indictments. Under South Korea’s medical law, the government can issue back-to-work orders to doctors and other medical personnel when it sees grave risks to public health. Refusing to abide by such an order can bring suspensions of their licenses and up to three years in prison or a 30 million won ($22,480) fine. Those who receive prison sentences would be stripped of their medical licenses. Hyeondeok Choi, a partner at the law firm Daeryun which specializes in medical law, said it’s highly unlikely the government will suspend the licenses of all doctors on strike, as that would cause “an enormous medical vacuum.” Other observers said authorities would likely punish strike leaders. There are about 13,000 medical interns and residents in South Korea, most of them working and training at 100 hospitals. They typically assist senior doctors during surgeries and deal with inpatients. They represent about 30% to 40% of total doctors at some major hospitals. The Korea Medical Association, which represents about 140,000 doctors, has said it supports the striking doctors but hasn’t determined whether to join the trainee doctors’ walkouts. Senior doctors have held a series of rallies voicing opposition to the government’s plan in recent days. Earlier this month, the government announced universities would admit 2,000 more medical students starting next year, from the current 3,058. The government says it aims to add up to 10,000 doctors by 2035. Striking doctors have said they worry doctors faced with increased competition would engage in overtreatment, burdening public medical expenses. A public survey showed that about 80% of South Koreans back the plan. Critics suspect doctors, one of the best-paid professions in South Korea, oppose the recruitment plan because they worry they would face greater competition and lower incomes. Park said the country’s medical services for emergency and critical patients remain stable, with public medical facilities extending their working hours and military hospitals opening emergency rooms to ordinary patients. But local media reported that an octogenarian suffering a cardiac arrest was declared dead last Friday after seven hospitals turned her away citing a lack of medical staff or other reasons likely related to the walkouts. Hwang Byung-tae, a 55-year-old laryngeal cancer patient, said he has regularly visited a Seoul hospital for treatment for four years. Last week, he said he had to leave the hospital without receiving an anti-cancer injection because of the walkouts. Hwang accused both the government and doctors of holding the lives of patients hostage. “It’s patients like me who end up suffering and dying, not them,” Hwang said. SEOUL, South Korea (AP) — South Korea's junior doctors will have their medical licenses suspended and prosecuted within four days if they try to end their strike, the government said Monday. About 9,000 medical interns and residents have walked off the job since early last week to protest government plans to increase medical school admissions by about 65%.The strike has severely hit hospital operations, with numerous cancellations of surgeries and other treatments. Government officials say adding more doctors is necessary to cope with the country's rapidly aging population. The country's doctor-patient ratio is currently one of the lowest in the developed world. Strikers say universities cannot handle so many new students and argue the plan will not address chronic doctor shortages in some key but low-paying fields such as pediatrics and emergency rooms. Deputy Minister of Health and Welfare Park Min-soo said in a televised briefing on Monday that the government will not take disciplinary action against striking doctors if they return to work by Thursday. "We hope they will return to work by the end of this month, February 29," Park said. “Even if you return to the hospital where you were discharged until then, you will not be held responsible for any damage caused by the strike,” he said. But he said those who don't meet the deadline will have their medical license suspended for at least three months and face further legal action, including investigation and prosecution. Under South Korea's medical law, the government can order doctors and other medical personnel to return to work if it determines there is a serious risk to public health. Failure to comply with such orders could result in license suspension, up to three years in prison, or a fine of 30 million won ($22,480). Anyone sentenced to prison will have their medical license revoked. Choi Hyeon-deok, a lawyer at Daeryun, a law firm specializing in medical law, said it is highly unlikely that the government will suspend the licenses of all striking doctors. This is because a “huge medical gap” will occur. Other observers said authorities were likely to punish strike leaders. South Korea has about 13,000 medical interns and residents, most of whom work and train in 100 hospitals. They typically assist senior doctors during surgeries and deal with hospitalized patients. They account for about 30 to 40 percent of all doctors at some major hospitals. The Korean Medical Association, which represents about 140,000 doctors, said it supports the striking doctors, but has not yet decided whether to join the strike by trainees. A series of rallies by doctors opposing the government's plan have been held recently. Earlier this month, the government announced that universities would admit 2,000 more medical students to the current 3,058 students starting next year. The government said it plans to increase the number of doctors to 10,000 by 2035. The striking doctors said they were concerned that doctors would over-treat in a situation where competition is intensifying, putting a strain on public health care costs. A public survey found that about 80% of South Koreans support the plan. Critics suspect that doctors, one of the highest-paid professions in Korea, are opposed to the hiring plan for fear of increased competition and lower incomes. Park said the country's medical services for emergency and critically ill patients remain stable, with public health facilities extending their working hours and military hospitals opening emergency rooms to general patients. However, local media reported that the 80-year-old, who suffered a heart attack, was declared dead last Friday after seven hospitals discharged her for medical staff shortages or other reasons related to the strike. Hwang Byeong-tae, 55, a patient with laryngeal cancer, said he has been regularly visiting the Seoul hospital for treatment for four years. It is said that last week, he had to be discharged from the hospital without receiving anti-cancer injections due to the strike. Mr. Hwang criticized both the government and doctors for holding patients' lives hostage. Mr. Hwang said, “In the end, it is they who suffer and die, not patients like me.” [View full article] - Seoul gives young doctors 4 days to end walkouts, threatening suspended licenses and prosecutions
Sports Seoul
2024-02-23
의료 공백으로 피해 신고 지속…의료사고 손해배상 줄이을까
Damage reports continue due to medical gaps... Should medical accident damages be reduced?
Many damages, including delays in surgery and refusal of medical treatment… “Proving causation is important” ​ While the mass resignation of medical residents continues due to sharp disagreements over the expansion of medical school seats, the number of cases of patients suffering damage due to not receiving treatment on time is increasing. The Ministry of Health and Welfare announced that as of 10 p.m. on the 21st, 9,275 residents at 100 teaching hospitals across the country had submitted their resignations. Of these, 87% were confirmed to have actually been absent from work. As the mass resignation of medical residents led to a medical vacuum, cases of damage to patients are coming out one after another as feared. On the 21st alone, there were 57 reports received at the government's Doctors' Collective Action Damage Reporting and Support Center. In detail, there were 44 cases of delayed surgery, 6 cases of refusal of treatment, 5 cases of cancellation of medical appointments, and 2 cases of delayed hospitalization. There were cases in which hospitalization was delayed even though the child's surgery was scheduled a year ago and the guardian took leave from work. It is also expected that patients who have experienced inconveniences such as delayed treatment or surgery may file a medical lawsuit. If the surgery or treatment is canceled due to collective action by residents and the patient suffers damage, the relevant resident or hospital can be held liable for medical malpractice damages. In fact, in 2004, a patient died after complaining of abdominal pain after receiving a cholangiopancreatography recommended by the hospital. The bereaved family filed a lawsuit for medical accident damages, and the court ruled for compensation. It pointed out that residents were on strike due to the division of medicine at the time, and ruled that the hospital was responsible for compensation for failing to fulfill its obligation to explain. However, the legal opinion is that it is very difficult to prove that damage was caused by group action in medical accident damages. Attorney Choi Hyun-deok of Daeryun Law Firm (Limited) said, “Scheduled surgery or treatment “If the schedule is unilaterally changed or delayed without the patient’s consent, you can claim compensation for medical malpractice damages,” he said. “It is difficult to prove that there is a causal relationship between the resident’s personal misconduct and the patient’s deterioration in health.” Last year, the hospital recommended pin removal for patients who underwent pin fixation surgery one month after surgery, but there were cases where serious disabilities such as delayed union and malunion of the affected area occurred after removal. The court ruled that removal surgery was not allowed until one year later. It was possible, but the ruling ruled that the attending physician violated the duty of care and must pay the medical accident damages claim. Attorney Choi explained, “We must clearly determine who is responsible based on evidence such as medical treatment confirmation, detailed surgical fee statements, and post-surgery photos.” Meanwhile, in response to the mass resignation of residents, the government inspected 10 training hospital sites and issued a start-of-duty order to residents who were found to have not shown up at their workplace for a long period of time. has been issued. A 'prior notice of administrative action to suspend a doctor's license' will be sent to residents who do not return despite repeated issuance of orders to resume work. The Emergency Response Committee of the Korean Medical Association said, "Residents who resigned of their own free will have exercised their basic rights guaranteed by the Constitution," and "the government is encouraging medical workers who have resigned and are unemployed to work in violation of the Labor Standards Act and the Medical Service Act." Regarding this, Attorney Choi pointed out, “If there is no clear evidence of prior collusion, it is impossible to punish individual resignations alone,” and “It is difficult to punish failure to extend individual contracts as a collective action if there is no circumstances of collusion.”   [View full article] - Damage reports continue due to medical gaps... Should medical accident damages be reduced?
Jose Ilbo, etc.
2024-02-23
법무법인 대륜, 광주광역시한의사회와 법률자문 MOU 체결
Daeryun Law Firm signed a legal advisory MOU with the Gwangju Metropolitan Oriental Medicine Association
"Concentrating human, material and technical capabilities to revive the Oriental medicine community" Daeryun Law Firm announced on the 21st that it signed a business agreement with the Gwangju Oriental Medicine Association for legal advice. At the MOU signing ceremony held at the Azalea Hall on the second floor of the Holiday Inn Gwangju Hotel, CEO Daeryun Kim Kuk-il, Chief Attorney Kwak Min-seop, and Gwangju Oriental Medicine Association Kim Gwang-gyeom Officials including the president and Gwangju Oriental Medical Association Chairman Choi Myung-ho attended. Through this agreement, the two organizations plan to cooperate for the development of oriental medicine, including △mutual cooperation for the development of hospital and clinic work, △legal advice for vitalization of medical care, △exchange of information necessary for mutual exchange, and △legal consultation and support for medical projects. Gwangju Metropolitan Oriental Medical Association Chairman Kim Gwang-gyeom said, "Through this agreement, “We will contribute to the development of oriental medicine and spread excellent oriental medicine medical infrastructure,” he said. “I hope that the exchange between the two organizations will serve as an opportunity to cause a revival of the oriental medicine field.” He added, “We expect to receive legal assistance necessary for medical and pharmaceutical business to prevent disadvantages of oriental medicine medical institutions, which is one of this year’s business plans.” CEO Daeryun Kim said, “We provide medical legal advice for the development of oriental medicine in a rapidly changing medical environment.” “We will spare no effort,” he said. “We plan to provide various medical legal services, including legal review and litigation response, to contribute to the advancement of medical care. We will utilize our material, human, and technical capabilities to the fullest.” Daeryun is a law firm with the largest number of branches in Korea and is providing specialized legal services by creating specialized groups in each field. We currently operate 35 offices nationwide and are planning to open a new office in the Gunsan area.  [View full article] Josei Ilbo - Daeryun Law Firm signed a legal advisory MOU with the Gwangju Metropolitan Oriental Medical Association Dailylian - Daeryun Law Firm (Limited) signed a legal advisory business agreement with the Gwangju Metropolitan Oriental Medical Association
Tax Daily
2024-02-23
법무법인 대륜, TJB대전방송과 법률자문 MOU
Daeryun Law Firm, legal advisory MOU with TJB ​​Daejeon Broadcasting
“Active use of human resources to focus on providing information for local residents” Daeryun Law Firm announced on the 22nd that it signed a business cooperation agreement for legal risk management with TJB Daejeon Broadcasting. At the MOU signing ceremony held in the conference room on the 7th floor of TJB Daejeon Broadcasting, CEO Daeryun Kim Kuk-il, Senior Attorney Kang Jeong-min, TJB Daejeon Broadcasting CEO Lee Gwang-chuk, Management Infrastructure Director Jeong Wang-hee, and Min Seon-gi Officials including the head of the advertising and performance business team attended. Through this agreement, the two organizations announced that they plan to cooperate in △ mutual cooperation for regional development △ exchange of information related to the development and distribution industry of copyrighted works △ legal advice on broadcast reporting, intellectual property rights (IP), etc. △ legal advice for protecting the rights and interests of executives and employees △ legal advice on reporting on legal issues △ discovery of new businesses. In particular, Prior to the MOU signing ceremony, officials from both organizations had a chat and expressed their expectations for business cooperation. TJB Daejeon Broadcasting CEO Lee Kwang-chuk said, "Daeryun's legal advice will be a great help in relieving the burden on employees in legal disputes caused by malicious lawsuits and clear reporting for Daejeon citizens' right to know," and added, "We will provide more productive information to citizens through the exchange of human and material resources of both organizations." Daeryun Kim Kuk-il said. The CEO said, "We will actively utilize human resources so that local media is not intimidated and can focus on providing information for local residents. Daeryun has abundant work capabilities in the digital asset field. We have specialized groups in each field, so we will provide support across fields." Meanwhile, Daeryun said that it is cooperating organically by organizing specialized groups in each field and establishing an advanced digital collaboration system.  [View full article] - Daeryun Law Firm, legal advisory MOU with TJB ​​Daejeon Broadcasting
Sports Seoul
2024-02-22
주민 담합해 보조금 부정수급… 애꿎은 공무원 허위공문서작성죄 처벌받을 뻔
Residents collude to illegally receive subsidies... A public official almost got punished for writing false official documents.
Public officials in charge of conspiring to commit joint crimes from applying for projects for the purpose of illegally receiving subsidies from farmers, inspected some workplaces due to a tight project period, completed a full investigation, and sent them to the prosecution despite proactive administration... Although there was a risk of retirement and disciplinary action, prosecution was suspended. In the process of carrying out a support project to encourage farmers to produce crops in a local government, it was revealed that residents received subsidies illegally by deceiving public officials. Despite active administration for the benefit of residents, the government officials in charge were sent to the prosecution due to the farmers' misconduct. According to the incident, when the subsidy support project was passed, an organization voluntarily formed by all farmers growing specific crops became a subsidy recipient. It was confirmed. Afterwards, as the project was changed at the request of residents, the target and method of payment were changed, and the subsidy provider was changed from a farmer organization to an individual business. Mr. A, the public official in charge of the support project, was faced with the task of reviewing the appropriateness of subsidy payments to a number of individual businesses as progress within the project period was being rushed. As there was insufficient time for on-site inspection, some businesses were randomly selected and inspected, and even in cases where visits were not possible, data such as photo registers were collected. After review, it was determined that there was no problem and the subsidy was paid. However, it was confirmed that some of the business sites that were not visited had received subsidies through fraudulent methods. In particular, it was revealed that farmers who were directly involved in the problem of false applications even applied as initial subsidy business operators, and it was revealed that they had plotted an organized crime from the application stage. The farmers who plotted a joint crime submitted false applications for the purpose of deceiving the local government agricultural technology center, including Mr. A, to illegally receive subsidies. However, The police determined that Mr. A had participated in the illegal supply and demand from farmers even after knowing this, and sent the case to the prosecution on charges such as writing false official documents. If Mr. A was sentenced to probation for charges such as writing false official documents, there was a high possibility that he would be subject to dismissal, and if he was fined, would be subject to disciplinary action and be disadvantaged in lifetime promotions. Fortunately, Mr. A's legal representative said that this was an incident caused by the intentionality of the farmers who participated in the project along with the above facts, and that there was no bribe or We proved that there was no solicitation. As a result of revealing whether there was an improper solicitation or bribery, and whether we were aware of the illegal receipt of subsidies, we were fortunate to conclude the pre-trial case with a suspended indictment. Daeryun Law Firm (Yuhan), which handled the case, said, “Legally, Mr. A’s intent is denied in relation to the crime of writing false official documents, etc. The essence of this case is that each business originated from the crime of deceiving Mr. A and receiving illegal payments. “This is the result of emphasizing that it is impossible to uncover all the wrongdoing in an objective situation, and that this is the first time this type of business has been conducted,” he explained.   [View full article] - Residents collude to illegally receive subsidies... A public official almost got punished for writing false official documents.
Tax Daily
2024-02-21
법무법인 대륜, 선거대응팀 발족…선거법위반 등 대응
Daeryun Law Firm launches election response team... Response to election law violations, etc.
Completion of legal review related to the April 10 general election... Providing one-stop assistance for differentiated election preparation, including analysis of public opinion trends, National Election Commission surveys, investigations, trials, etc. Daeryun Law Firm announced on the 21st that it has launched an election response team ahead of the 22nd general election of the National Assembly on April 10. A Daeryun official explained on the day, "As election violence and war of nerves are heating up, Daeryun's election response team plans to analyze pledges and prevent legal disputes." Investigation and trial The election response team is comprised of attorneys from all civil service departments who are skilled in the investigation and trial of cases that violate the Public Official Election Act. Representative Kim Kuk-il (24th Judicial Research and Training Institute), a former head of the Prosecutor's Office who has handled many criminal cases against politicians, and Attorney Son Soon-hyuk (18th class), who is skilled in responding to election law violation cases, served as team leaders. Representative Kim is serving as vice president of the National Citizens' Movement Coalition for Reporting Corruption in Public Officials. He has handled many criminal cases against influential politicians. Attorney Son handled cases such as violation of election law in Haeundae and Gijang National Assembly by-elections, violation of election law by Gijang-gun mayor, Haeundae-gu mayor, and Geumjeong-gu mayor candidate. Currently residing at the Daeryun regional office, we plan to provide prompt service to customers outside of the metropolitan area. Attorneys Jin-won Kim (21st class), Chang-soo Na (31st class), Bong-ha Seo (31st class), and Hyeong-yoon Kang (42nd class) are former attorneys who have handled election law violation cases involving numerous presidential candidates, members of the National Assembly, and local government heads, and will respond from the investigative stage. In particular, Attorney Na is also working as an external lecturer in the field of public official crimes at the Audit Training Institute, and Attorney Kang was evaluated as an expert in public investigation during his time as a prosecutor. In addition, attorneys who have worked for a long time in the Public Security Department of the Prosecutors' Office and lawyers with experience as legal advisors to local election commissions have joined, and it is evaluated that they have formed an organization suitable for election-related advice and response to violations of the public official election law. CEO Kuk-il Kim said, "It is composed of experts with practical experience related to election law violations in the prosecution and courts. “We have become the optimal response team,” he explained. “We are capable of comprehensive and rapid response in all stages, from election preparations to the National Election Commission investigation, investigation, and trial.” ■ The Daeryun Election Response Team, which provides one-stop legal services linked to the work of specialized groups, completed the review of laws and precedents related to the April 10 general election, and differentiated itself by conducting analysis of public opinion trends by utilizing the capabilities and technologies possessed by the evidence investigation and digital forensics group. The election response team differentiated itself. We plan to provide one-stop legal services in all areas, from response to election preparation and election campaign stages to consultation, investigation, and trial assistance. In particular, while expanding and reorganizing, we will also proceed with organic business linkage with the detective group and investigation response team, which are comprised of many talented people. This is to respond to the National Election Commission investigation, prosecution and police investigation, and illegal acts by opposing candidates due to the spread of false facts, fake news, and black propaganda. According to the prosecution, as of the 29th of last month, a total of 113 people were booked for election offenses related to the 22nd general election, 7 of them were indicted, and 85 are under investigation. Among the types of election crimes, black propaganda was the most common with 47 cases (41.6%), followed by bribery. Election crimes and illegal acts by public officials and organizations followed with 24 and 8 cases, respectively. Four cases of election violence and obstruction were recorded. The detective group and its investigative response team have extensive experience in cases such as the spread of false facts, bribery, and perjury, so they will be actively involved in the initial response in the prosecution and police investigation. Representative Kim said, "Cases of election law violations are on the rise. There are many cases of people being indicted for election law violations even if they win the general election." He added, "We have to look at it differently from regular criminal cases. The statute of limitations for prosecution is also 6 months. “It is short, so a quick response to the investigation or investigation is necessary,” he said. As legal issues related to elections, such as general elections and local elections, continue to arise, Daeryun plans to maintain a team to be able to respond at all times.  [View full article] - Daeryun Law Firm launches election response team... Response to election law violations, etc.
Daily Medi
2024-02-19
법조계 "공모 없는 개별 사직은 처벌 불가능"
Legal world: “Individual resignation without collusion cannot be punished”
There is no standard for judging individual resignation or collective resignation... Possibility of proving collective action is not easy. While the public resignation of an intern at a local hospital ignited a movement among fellow doctors who remain cautious, the government threatened that in the current situation, individual resignations could also be viewed as group resignations. However, the legal community pointed out that it is a kind of scare to prevent individual resignations, saying that it is virtually impossible to regard individual resignations as group resignations unless clear evidence of collusion is presented. Park Min-soo, Second Vice Minister of Health and Welfare, said At the ‘Doctors’ Collective Action Central Accident Control Center’ briefing held at the Seoul Government Complex on the 14th, he said, “Any reason for a resignation letter that deviates from the usual is a sign of protest against government policy. Even if it is individual, if you have discussed it with colleagues in advance, it can be viewed as a collective resignation letter.” He continued, “When receiving a resignation letter from an individual hospital, the reasons, etc. are carefully examined through consultation, and if it is not an individual reason, the government issues a group resignation letter.” “We must comply with the order banning the acceptance of resignation letters,” he said, adding, “We are checking the status of each individual hospital and major hospitals.” Vice Minister Park’s remarks came as some residents have recently shown individual moves to resign under government pressure. The previous day, an intern at Daejeon St. Mary’s Hospital publicly announced his intention to resign on YouTube, saying, “I am resigning for personal reasons.” In relation to this, lawyer Daeryun C of the law firm said, “If there is no evidence of prior collusion, it is impossible to punish individual resignations alone,” he said. He continued, “The individual resignations submitted by medical residents to each hospital cannot be considered collective resignations. When individual resignations occur in succession, there is no standard as to how many individual resignations will be considered individual resignations and from what point onwards, it will be considered collective resignation.” He responded to the government’s position to determine the reason for resignation, saying, “Resignations are done for personal conscience or individual reasons, but this is not lumped together.” “It is also virtually impossible to judge it as a group resignation,” he said. However, if there is evidence or circumstances of collusion by medical groups or hospitals, it could become a problem. Attorney C said, “If there is evidence of collusion at medical resident groups or hospital meetings, such as ‘let’s resign individually and make it look like a group action,’ there is room for it to be considered a collective action.” In response to the argument that the government may regard residents’ failure to renew their contracts as a collective action, attorney C said, Extension must follow the principle of freedom of contract between the hospital and its affiliated doctors. It is questionable whether the government can prove that failure to extend individual contracts is a collective action if there is no evidence of collusion,” he pointed out. He added, “I think it is a threat made out of misfortune, as it is difficult for the government to prevent residents if they individually resign or do not renew their contracts.”  [View full article] - Legal world: “Individual resignation without collusion cannot be punished”
Korean economy
2024-02-14
법무법인 대륜, 형사대응그룹 강화…수사대응팀 신설
Daeryun Law Firm Strengthens Criminal Response Group... New investigation response team established
Daeryun Law Firm (Lihan), one of Korea's top 10 law firms, announced on the 14th that it will expand its criminal response group and provide differentiated legal services based on its high-level case handling capabilities. Daeryun Law Firm (Lihan) has been continuously recruiting lawyers from judges, prosecutors, and police officers to strengthen its criminal field, and has established a criminal response group at its headquarters to increase the efficiency of case handling. The criminal response group was launched as the five existing criminal divisions, and is composed of a chief judge, a chief prosecutor, a prosecutor's branch chief, and a former police officer with more than 20 years of legal experience overseeing each team. Kim In-won (21st class), a former chief prosecutor who was mainly in charge of tax crimes, corporate crimes, and sex crime cases, is serving as the head of the center and is passing on the know-how accumulated through his long legal career. In addition, he is mainly in charge of violent crimes. Ahn Seung-jin (28th class), former chief prosecutor, former chief prosecutor Lee Gwang-soo (18th class), former chief prosecutor, skilled in election crimes, drug crimes, and intellectual property-related crime cases Na Chang-soo (31st class), former chief prosecutor, chief general attorney, experienced in election crimes, industrial accidents, and corporate crime cases Park Seong-dong (24th class), former chief general attorney, police officer and chief prosecutor specializing in criminal crime cases such as drinking and traffic offenses The chief general counsel serves as the head of each team and oversees the case. Daeryun has over 500 experts, and has a wide cooperation system in place with specialized lawyers working together in each case field. All cases are managed centrally at the headquarters, and an internal advisory system of experts such as general attorneys and specialized lawyers from the criminal response group is being introduced, making every effort to provide the same legal services nationwide. What has changed this year is the establishment of an ‘investigation response team’ within the existing criminal response group in accordance with the prosecution and police’s policy of strengthening investigations. Attorney Park Seong-dong, who worked in the Seoul Metropolitan Police Agency's Investigation Department and Intelligence and Foreign Affairs Department, will lead the team and plan to respond at a higher level of investigation with team members from each Seoul police station. Through this, Daeryun plans to strengthen one-stop assistance for criminal cases and minimize confusion by preemptively responding by forming a timely investigation TF team, such as an election investigation team in preparation for the April 10 general election and a serious disaster investigation team for companies with less than 50 employees. Currently, Daeryun plans to minimize confusion. We provide one-stop legal services from legal consultation at the beginning of the case to closure of the case. We plan to provide accurate diagnosis from consultation through diversifying channels, such as operating our own legal counseling center. In particular, professional investigators who have acquired detective qualifications collaborate with the evidence investigation and digital forensics group to work with the evidence collection and analysis process using cutting-edge investigative techniques. Afterwards, investigation simulations are conducted in a mock investigation room to respond to the police and prosecution investigation stages, and we are taking the initial response through continuous communication with investigative agencies and attendance at the investigation. Daeryun is expanding the criminal response group. Since its launch, it has established a more in-depth cooperation system and announced that its closeness in responding to cases has increased. In addition to closing criminal cases, as it operates 19 dedicated groups, it is managing headquarters-centered management to enable prompt implementation of follow-up responses such as general litigation, arbitration, financial legal affairs, and taxation derived from criminal cases. Daeryun plans to continue to expand its scale by significantly reinforcing team members from police and prosecution investigators and recruiting additional lawyers with experience working in investigative agencies. Daeryun Kim Kuk-il The CEO said, "We have decided to expand our expert organization for preemptive and comprehensive response to investigative agencies not only for general criminal cases but also for urgent issues such as general elections and major disasters. We have strengthened our expertise and strengthened our internal structure with the help of a large number of experts, and now it is time to move forward further. We are fully equipped with the case handling capabilities to handle major criminal cases. This year, we will firmly solidify our position as a top-tier law firm in Korea." [View full article] - Daeryun Law Firm strengthens criminal response group... New investigation response team established
Sports Seoul
2024-02-13
법원, 뒤늦게 퇴사 번복한 근로자의 산업재해·손해배상訴 청구 전체 기각... 3년 소송 마무리
Court dismisses all claims for industrial accidents and damages from workers who belatedly resign from the company... 3-year lawsuit concluded
Worker claims unfair dismissal and illegal actions, saying he withdrew his resignation letter before accepting it. Court holds company accountable for intentionally hindering industrial accident approval. “It is difficult to acknowledge the worker’s claim.” 3-year legal battle concluded, application for unfair dismissal relief, backed by dismissal of unfair dismissal sanctions judgment cancellation [Sports Seoul | Reporter Kim Su-ji] There was a case where all claims for industrial accident damages filed against the company by a worker claiming an industrial accident due to unfair dismissal were dismissed. The Seoul Southern District Court ruled that all claims of worker A would be dismissed in a lawsuit against Company B and its executives and employees seeking compensation for damages due to illegal acts such as violation of the Labor Standards Act and violation of the duty of care under the Occupational Safety and Health Act. Mr. A eventually submitted a letter of resignation upon receiving notice from the company that it had decided to abolish the department he was in at the time. He later withdrew it before it was accepted, but the company claimed that it did not accept it and claimed 50 million won in damages against key executives and employees and the corporation. The main purpose of the claim is that an industrial accident occurred during the retirement process due to illegal acts and unfair work instructions, and Company B and its executives and employees intentionally interfered with delaying the approval of the industrial accident by denying the occurrence of the industrial accident. As a result, the company suffered economic loss and mental damage, and the company is liable for damages exceeding the value of industrial insurance benefits. Company B and its employees say it is unfair. In the plaintiff's lawsuit and criminal complaint, which lasted for more than three years, the facts were sufficiently argued and argued, and rather, he complained that he had suffered a lot of pain and property damage due to Mr. A's actions. According to Company B's claim, Mr. A submitted his resignation voluntarily and claimed that there was no act of deception or coercion in this process. The three-year legal battle between Mr. A and Company B ended with the court in favor of Company B. The court explained, “It is difficult to admit that an illegal act like the plaintiff’s claim was committed, and industrial accident compensation, which has the nature of a social security system that provides compensation as prescribed by law regardless of the intention or negligence of the employer, etc., and liability for damages based on the principle of negligence are completely different in nature.” Previously, the Local Labor Relations Commission ruled to dismiss Mr. A's application for relief, saying that the employment relationship was terminated by legally accepting the resignation letter in this case. When the retrial was dismissed, an unfair dismissal lawsuit was filed seeking cancellation of the unfair dismissal sanctions judgment, but the court ruled that the plaintiff lost. Daeryun Corporate Legal Group, Law Firm (Limited), which represented Company B and its employees, said, “We found that there was no basis for acknowledging the plaintiff’s claim by proving that the resignation was caused by the worker’s gross negligence or arbitrariness.” “The lawsuit continued for a long time even though there were no legal or procedural defects or negligence on the part of the company. Cases related to such industrial accidents and unfair dismissals are continuing, and a clear causal relationship must be proven and a comprehensive judgment must be made.” “It is necessary,” he said.   [View full article] - Court dismisses all claims for industrial accidents and damages by workers who belatedly rescinded their resignation... 3-year lawsuit concluded
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