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Extreme interest in application of medical license revocation law···"strike, It's not legal, but it won't be easy to cancel."  [Dongjun Seo‧Reporter Seulbi Lee] past 2000Including the division of medicine 2014years of telemedicine, 2020Following the expansion of medical schools and the establishment of public medical schools in 2024Increase in number of medical schools 2000As the crisis of a general strike in the medical industry becomes more visible with the confirmation of the name, attention is focused on the level of punishment for doctors due to the strike..  past 2000year, 2020year government ‘Order to start work’However, this time, even before the strike began, the government ‘Order prohibiting collective action’This is even more so because the. However, now it is like the doctor's life. ‘concession’The situation has become more complicated in that it is intertwined with. last year 11implemented in month ‘Medical Person License Cancellation Act’We cannot rule out an extreme scenario in which if you are sentenced to imprisonment or worse, your license may be revoked. ‘river(强) great river(强)’ Tensions are growing as to how much punishment the confrontation will lead to.. government, Deployment of dedicated team, cooperation with police, etc. ‘Strong response’···Punishment for non-compliance with work start order is immediate 2month 6Even before the announcement of an increase in the number of medical schools in Japan, as an atmosphere for collective action was created in the medical community, such as voting for residents to participate in a general strike, the government made it clear that collective action by doctors was illegal.. Minsu Park, Ministry of Health and Welfare2The Vice Minister “No matter what the number of medical schools is expanded, the medical community will protest.”He said “union is labor 3Although they have the authority, doctors, both private practitioners and public servants, do not have such authority, so collective action itself is illegal.”said. actually on the same day(6Day) afternoon 3After announcing the increase in the number of city medical schools, the government ‘Injunction against class action and class action teacher’put down. The Ministry of Health and Welfare has established a dedicated team for each training hospital and has even prepared to cooperate with the police in some hospitals.. Currently, doctors such as residents ‘without justifiable reason’ The order to resume work for medical personnel, which can be issued when medical treatment is stopped due to going out into the street, is also based on the Medical Service Act.. medical law59article(guidance and commands)Is “If it is determined that significant disruption has been caused or is likely to be caused, an order to commence work may be issued.”It is stipulated that. License suspended if order is violated, Under the criminal law, it is a crime of obstruction of business or as an abettor or aider. 5imprisonment of up to one year·1500You may be subject to a fine of less than 10,000 won.. After the announcement of the medical school quota, the Korean Medical Association Chairman Lee Pil-soo and the executive team resigned, shaking the center of the general strike..However, the scale of the strike may increase as each training hospital across the country conducts a vote for or against the strike, led by the Korean Medical Resident Association, along with the formation of the Korean Medical Association emergency committee.. The problem is that last year's amendment to the Medical Service Act, which focuses on the Medical Personnel License Cancellation Act, which revokes the licenses of medical practitioners who have been sentenced to imprisonment or heavier punishment, was passed last year. 11It is said that the risk to doctors due to participating in the strike is high as it has been in effect since March.. It appears that this is related to the current atmosphere in some teaching hospitals where not only residents, but also salaried and commissioned doctors are seeking new forms of strike measures to avoid government punishment, such as submitting leave and preparing for resignation after the Lunar New Year holiday..  “opposition to government policy, not a legal strike” vs Opinions are divided on punishment greater than imprisonment., Conditions for issuing a medical law business start order ‘without justifiable reason’, ‘Serious harm to public health(危害)concern that may occur’There are some opinions that the applicability of the law may depend on how it is interpreted, but conflicting opinions are also suppressed.. Choi Hyeon-deok, attorney at Daeryun Law Firm, “Medical bill due to doctors' strike 15In case of refusal of treatment 1less than a year or 1000You may be subject to a fine of less than 10,000 won.”said.mudfish “In any case, if you occupy a medical institution or interfere with the medical practice of other doctors, 12For violation of Article 5Imprisonment of less than one year 5000Can be punished with a fine of less than 10,000 won”added.If the government ‘for a good reason’ If an order to start work is not followed, the medical law 59For violation of Article 3Imprisonment of up to one year or 3000You may be subject to a fine of less than 10,000 won..Attorney Choi “If any of these three cases apply, you may be subject to a fine., If you are sentenced to imprisonment or more, your license may be revoked.. The same applies even if a suspended sentence or suspended sentence is issued.”explained.On the other hand, although this medical strike cannot be viewed as a legal strike, there is also an analysis that it is unlikely to lead to actual license cancellation..Jeong Hye-seung, representative attorney at Banwoo Law Firm “A strike against government policy rather than a strike that occurred at the workplace is not a legal right to strike granted under the Labor Standards Act., Accordingly, an order to commence work may be issued.”He predicted that.  and “2000Those sentenced to prison for the 2018 doctors' strike were the head of the suzerain organization that led the strike.(長)was”as “If residents enter the hospital and interfere with medical treatment, the level of punishment for obstruction of business may increase, but such a thing does not seem possible.. There is a high probability that no sentence higher than imprisonment will be imposed.”and analyzed. In cases where there are multiple objectives pursued in actual industrial action and some of them are unjustified, ‘major’ Supreme Court precedent that determines the legitimacy of industrial action based on whether the purpose is right or wrong(1992sentencing)There is also. Order to commence government work and order prohibiting acceptance of resignation letter…"We need to consider whether it is unconstitutional"Meanwhile, there has been controversy over whether the business start order is unconstitutional.. actual 某The head of the emergency medicine department at the local medical center is a private person. SNSto “constitution21article(Freedom of assembly and association)How can we trust more in a government that ignores”He protested.. Regarding this, lawyer Jeong Hye-seung said: “It is true that the matter in question is a restriction of basic rights, but whether it is unconstitutional is judged by considering not just a simple restriction but also infringement.”as “reason, It is the responsibility of the Constitutional Court to interpret the results by considering them all at once.”said. Recently, the government issued a decision to teaching hospitals across the country. ‘Order prohibiting acceptance of medical residents’ collective resignation letter’There is also a need to consider constitutional factors..Attorney Choi Hyeon-deok “Medical institutions can file a constitutional appeal against an order prohibiting the acceptance of collective resignation letters.. medical law 59Joe ‘Necessary for health care policy or significant risk to public health(危害)If an incident occurs or is likely to occur, necessary guidance and orders may be given to medical institutions or medical personnel.’It says so, It must be examined whether the acceptance of a resignation letter actually applies to this case.”said.mudfish “As far as I know, there has never been a case of criminal punishment for violating an order to commence work or an order prohibiting acceptance of a resignation letter.”as “It is unclear whether the government can lead to criminal punishment in the absence of precedent.”added.He also “Constitutional appeals are long-term battles that take at least several years to reach a decision.. The claims of the government and the medical community are conflicting, but in the end, it is not easy for both sides to take legal action.”predicted that. [View full article] - Government "No group action"···Order to start work→sense of punishment

Daeryun Law Firm (Lihan), one of the top 10 law firms in Korea, announced the launch of an expanded criminal response group based on its high-level case handling capabilities and announced that it will provide differentiated legal services. To strengthen the criminal field, Daeryun Law Firm (Lihan) has continuously recruited lawyers from judges, prosecutors, and police officers, 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 cases, drug crimes, and crimes related to intellectual property rights Na Chang-su (31st class), former chief prosecutor, former chief prosecutor with extensive experience in election offenses, industrial accidents, and corporate crime cases Park Seong-dong (24th class), former chief general attorney, and former police officer and chief prosecutor specializing in criminal crime cases such as drunkenness 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 the Intelligence and Foreign Affairs Department, will lead the team and work with team members from each Seoul police station to respond at a higher level of investigation. Through this, we plan to strengthen one-stop assistance for criminal cases and minimize confusion by preemptively responding by forming a timely investigation task force 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. This is the policy. Currently, Daeryun provides one-stop legal services from legal consultation at the beginning of the case to the conclusion of the case. We plan to provide accurate diagnosis from consultation through diversifying channels, such as operating our own legal counseling center. In particular, we work together with the evidence investigation and digital forensics group, which includes professional investigators who have acquired detective qualifications, to collect and analyze evidence using cutting-edge investigative techniques. Afterwards, we conduct investigation simulations in a mock investigation room to respond to the police and prosecution investigation stages, and begin initial response through continuous communication with investigative agencies and attendance at the investigation. There were also cases where collaboration with the evidence investigation and digital forensics group shined. Recently, he defended a defendant who was accused of quasi-rape after drinking and falling asleep together and was acquitted. This is because, based on cell phone forensics and evidence collection, the victim's attitude after the incident and loopholes in the victim's statement were pointed out, emphasizing that the circumstances of the complaint were unnatural and suspicious. Daeryun said that after the expansion of the criminal response group, a more thorough cooperation system was established and the level of adhesion to the case response increased. In addition to closing the criminal case, as it operates 19 dedicated groups, it handles general litigation, arbitration, financial law, taxation, etc. derived from criminal cases. Headquarters-centered management is being conducted to enable rapid implementation of follow-up responses. 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 CEO Kim Kuk-il said, “We decided to expand the expert organization for a preemptive and comprehensive response by responding to investigative agencies not only for general criminal cases but also for urgent issues such as general elections and major disasters. While strengthening expertise as a large number of experts join in, “We have completed our internal strengthening, and now it is time to move forward,” he said. “Daeryun has sufficient case handling capabilities to handle major criminal cases. This year, we will solidify our position as a top-tier law firm in Korea.” [View full article] - Daeryun Law Firm (Lihan) establishes investigation response team

Conflict over refund policy that does not allow cancellation after 10 minutes... Filed lawsuit for refund of accommodation fee - Yanolja decided to temporarily seize bond for lease deposit [Sports Seoul | Reporter Kim Su-ji] While the accommodation reservation platform Yanolja's policy of not being able to cancel same-day reservations has spread into a lawsuit claiming refund of accommodation fees, a decision to provisionally seize Yanolja has been made, drawing attention to future lawsuits on the merits. Previously, a conflict arose between Daeryun Law Firm (Limited) and Yanolja over the accommodation fee refund policy. Daeryun reserved a special product through the Yanolja app, and immediately after making the reservation, he requested cancellation due to a change in schedule. However, Yanolja responded that a refund was not possible on the grounds that the cancellation was not made within ‘10 minutes’, and ultimately maintained its position of no refund, leading to a conflict. Accordingly, Daeryun is known to have filed a lawsuit to receive a refund of the lodging fee through legal procedures. Daeryun is known to have argued that the defendant Yanolja's refund policy on the lodging contract in this case is invalid for violating the Electronic Commerce Act, and that since the intention to withdraw the subscription was expressed within a legal period, the subscription was naturally withdrawn, so Yanolja should refund the lodging fee. Daeryun's lawyer said, "Based on legal principles and precedents, Yanolja says that refunds are not possible after '10 minutes'." “Since the refund terms and conditions are invalid, Yanolja received the payment for the accommodation contract without any legal cause, and therefore Yanolja has an obligation to return the payment for the accommodation contract in this case and the related delay damages as unjust enrichment.” The application for provisional seizure of claims was accepted. Provisional seizure is when a creditor seizes the debtor's assets in advance so that they can compulsorily execute the debtor's assets in the future, and the general interpretation in the legal community is that a decision on provisional seizure is made only when the creditor's claims are explained to the court. Daeryun's lawyer said, "Considering all consumers, it is estimated that the damage caused by Yanolja's policy will be significant. We are also making every effort to prepare for the lawsuit on the merits to prevent further damage to consumers. “Through this lawsuit, we will sound the alarm on Yanolja’s actions of excessively restricting consumers’ right to cancel,” he said, drawing attention to the lawsuit on the merits.  [View full article] Sports Seoul - ‘Cancellation is not possible after 10 minutes’ Decision to provisionally seize bond on accommodation app… Main lawsuit Nool Bridge Economy - Decision to provisionally seize bonds against Yanolja, an accommodation app that claimed ‘cancellation is not possible after 10 minutes’… Main lawsuit Nool Business Korea - Decision to temporarily seize bonds on lodging app... 'Cancellation not possible after 10 minutes'

Daeryun Law Firm announced on the 7th that it signed a legal advisory business agreement for corporate development with Gogwang Industry on the 7th. The agreement ceremony on this day was attended by CEO Daeryun Kim Kuk-il, Gokwang Industry CEO Go Kwang-chil, and Managing Director Kim Wan-soo. Gokwang Industry is a company that manufactures products using plastic monopla, and has recently developed inter-floor noise blocking agent U and supplies it to construction companies. Through this business agreement, Gokwang Industry plans to provide advice on enactment and revision of laws. Daeryun deploys a corporate legal group to support legal review of contracts, legal advice, and support for legal counseling for executives and employees. CEO Go Kwang-chil said, "With the Serious Accident Punishment Act in effect, there are many things that need to be complied with in the field, and the agreement with Daeryun is expected to provide efficient legal advice." CEO Kook-il Kim said, "Daeryun Corporate Legal Group has a large number of lawyers specializing in legal advice. As experts in each field, including accountants, labor accountants, and tax accountants, are collaborating together, we will not spare any active support across multiple fields." He added, "We will continue to pursue mutual development through continuous communication, including by actively sharing related information such as patent rights and the Serious Accident Punishment Act with Gogwang Industry." He added. Daeryun is a law firm with the largest number of branches in Korea, providing one-stop legal services, and has now grown into one of the top 10 large law firms in Korea.   [View full article] - Daeryun Law Firm's Corporate Legal Group signs an MOU with Gokwang Industrial

A central role in the National Defense Military Group, including the Deputy General Judge of the High Military Court, the Chief Justice of the Naval Military Court, and the Director of the Human Rights Center... Daeryun Law Firm, which is also proficient in military supply and defense industries, announced on the 7th that it has hired attorney Kim Young-soo, who served as the head of the Navy's legal affairs department. After being commissioned as a lieutenant in the Navy in 1999, attorney Kim Young-soo served as the Chief of Legal Affairs at the Naval Training Command, Jeju Defense Command (currently the 9th Marine Corps Brigade), 2nd Marine Division, Naval Operations Command, and Naval Headquarters, and held key positions related to military law and human rights, including as Chief of the Navy High Prosecutors' Office, Chief Justice of the Navy Military Court, Deputy Chief Judge of the High Military Court, and Director of the Navy Human Rights Center. In particular, the Navy. Through his work as a military judge such as the Chief Military Court and Deputy General Judge of the Ministry of National Defense's High Military Court and as a military prosecutor such as the Chief of the Navy's High Prosecutors' Office, he not only handled various military criminal cases, but also handled major disciplinary cases within the military and accumulated expertise in military criminal, disciplinary, and human rights work, including the establishment of the Navy Human Rights Center. He also provided legal review and advice on various defense industry and military procurement tasks performed in the military. Attorney Kim Young-soo of the Navy He finished his 22 years of public service as the head of the Legal Affairs Division (colonel). The Chief of the Navy's Legal Affairs Department commands and supervises the Navy's 21 legal offices and is the highest head of the Navy's Legal Affairs Department, which is in charge of military legal affairs for the Navy and Marine Corps. Attorney Kim is currently working as a deliberation member of the Navy Headquarters Petition Deliberation Committee, as well as working for the development of the military by holding positions in military reserve organizations such as Vice President of the Naval Officer Candidates (OSC) National Association and Auditor of the Global Defense Research Forum. While working as a military legal officer, he is contributing to the development of the military organization. For his contributions, Attorney Kim received a commendation from the Director of the Judicial Research and Training Institute, a commendation from the Chief of Naval Staff, a commendation from the Minister of National Defense, a commendation from the Minister of Justice, a commendation from the Chairman of the Joint Chiefs of Staff, and the National Defense Service Medal. Attorney Kim, who is an expert in the defense and military fields, including military criminal affairs, disciplinary and human rights affairs, as well as defense industry and military procurement, is expected to play a pivotal role in the National Defense Group by joining Daeryun. Kim The lawyer said, “I will contribute to the endless growth of Daeryun as in the past when I contributed to national security, including the development of military legal affairs and human rights affairs.” Daeryun CEO Kim Kuk-il expressed his expectations, saying, “Attorney Kim is well versed not only in military criminal matters and disciplinary action, but also in contracts and bidding across the defense industry, and in defense industry corruption audits and investigation response, making it possible to respond across all fields, including military cases and administrative cases.”   [View full article] - Daeryun recruits lawyer Kim Young-soo, former head of the Navy's legal affairs department... Military criminal and disciplinary specialist

After continuously mentioning the past, assaulted several times... Victim displacement After more than 8 weeks of serious injury, the victim sued the company... Tens of millions of won in settlement money paid, criminal record left despite receiving no punishment [Sports Seoul | Reporter Kim Su-ji] Mr. A, who indiscriminately assaulted the victim at a business reception on the grounds that he did not recognize him, paid tens of millions of won in settlement money to the victim, Mr. B, and received no punishment from Mr. B, but was sentenced to a crime of bodily harm. Mr. A and Mr. B did not have a special personal relationship in the past and did not have any acquaintance with each other. However, Mr. A, who met at a business meeting, mentioned, ‘I had met Mr. B before, and at that time, he ignored me.’ He kept repeating the same thing while moving, and as the argument escalated, Mr. A punched Mr. B in the face and the assault began. Mr. A beat Mr. B several times, including stepping on his foot and hitting his entire body as he fell to the floor, and did not provide any relief to the victim who fainted as a result. In the end, Mr. B was taken to the hospital, and after hearing that he had suffered injuries for more than 8 weeks, Mr. B's company recognized the damage suffered by Mr. B and filed a personal injury complaint against Mr. A. Mr. A paid tens of millions of won in settlement money and reached an agreement with Mr. B not to punish him, but in the end, a fine was imposed in the form of a fine. Daeryun Law Firm (Limited), which represented Mr. B's lawsuit, said, "Mr. A He used violence out of spite, and as a person who trained in martial arts such as fighting, the degree of injury was very serious, and at the time, Mr. B felt his life was in danger.” He explained, “It is a premeditated and indiscriminate violence, and could be recognized as subject to punishment for injury separately from the agreement.” Even if the charge is acknowledged, there are cases where the criminal action that leaves a criminal record, such as a suspended indictment, is not received depending on the case. In this case, too, after Mr. B reached an agreement with Mr. A, He expressed his intention not to seek punishment, and as it was his first offense, a quick conclusion was expected. However, it appears that Mr. A was found guilty after specifically proving his intention to commit the crime and the damage caused by it during the complaint process.  [View full article] - “Why are you pretending not to know me?” Indiscriminate assault in a business setting... Even if there is an agreement, you are subject to punishment for personal injury.

The amendment to the Tourism Promotion Act passed the plenary session of the National Assembly, providing a basis for punishing illegal gambling in hold’em pubs “Resolving the issue of fairness of punishment with other gambling industries” Lee Yong-ho “We will increase the effectiveness of cracking down on illegal hold’em pubs” Recently, as ‘hold’em pubs’ have become popular, especially in university districts and downtown areas, illegal cash transactions such as currency exchange and gift certificate exchange in hold’em pubs are rapidly spreading. Meanwhile, attention is focused on the establishment of a legal basis for punishing casino-related activities, such as illegal gambling in hold'em pubs, which have been in the blind spot of legislation. At a plenary session on the afternoon of February 1, the National Assembly passed a bill to partially amend the ‘Tourism Promotion Act’, which defines ‘casino business-like activities’ and establishes the basis for sanctions for casino business-like activities, with 209 present, 207 in favor, and 2 abstentions. There are predictions that this revision will have the effect of eradicating illegal gambling in hold’em pubs. ‘Hold’em Pub’ is a compound word of Hold’em (a type of card game played with a dealer) and Pub, and refers to a place that charges an admission fee, provides a gaming location and chips, and sells alcohol. Recently, as ‘anomalous hold’em pubs’, which engage in illegal gambling by exchanging cash for chips, playing the game, and then cashing out again, have become prevalent, many have pointed out that crackdown and regulation are urgent. The National Investigation Headquarters of the National Police Agency conducted an intensive crackdown on illegal gambling at Hold'em pubs from August to December last year, detecting 1,004 people and arresting 8 of them. According to related industries, it is estimated that there are currently about 3,000 hold’em pubs operating nationwide. The main content of this amendment is to establish a new definition of ‘casino business-like activities’ and prohibit them. The amendment defines casino business-like activities as ‘an act that causes property profits or losses to users by providing services that fall under the category of casino business under the Tourism Promotion Act for profit by a person other than a casino operator.’ With this new definition, illegal gambling in hold’em pubs is considered a ‘casino-like activity’ and is included in the prohibited activities under the Tourism Promotion Act. The current Tourism Promotion Act does not provide a ban on activities similar to the casino business, so there is a limitation that illegal gambling in hold'em pubs can only be punished for gambling or opening a gambling place under the criminal law. According to the revision of the law, anyone who engages in similar activities in the casino business will be subject to imprisonment for up to 7 years or a fine of up to 70 million won. This is higher than the level of punishment stipulated for the crime of opening a gambling place under the Criminal Act, which is imprisonment for up to 5 years or a fine of up to 30 million won. Jo Seong-geun, a criminal specialist at Daeryun Law Firm, said, “Under the current law, similar activities such as horse racing and horse racing, which are classified as gambling industries along with the casino business, are punished with imprisonment for up to 7 years or a fine of up to 70 million won. However, in the case of hold’em pubs, there has been criticism that the level of punishment is relatively low because the crime of opening a gambling house is applied under the criminal law.” He added, “Through this legislation, the issue of fairness of punishment with other gambling industries is expected to be resolved.” In addition, with the passage of this amendment, similar activities in the casino industry will be subject to surveillance by the Gambling Industry Integrated Supervision Committee (Compliance Committee). Reporters can receive a reward of up to 50 million won. The Ministry of Culture, Sports and Tourism expressed expectations that the effectiveness of crackdowns will be increased by activating internal reporting and reporting due to the nature of illegal gambling in hold'em pubs, which has been difficult to detect. People Power Party lawmaker Lee Yong-ho, who proposed the amendment, said, “The significance of the passage of this amendment is to bring illegal hold’em pubs, which are in the blind spot of the law, within the scope of the law,” and added, “We expect that the establishment of clear regulations on casino-like activities will increase the effectiveness of cracking down on illegal hold’em pubs.” Meanwhile, the Ministry of Culture, Sports and Tourism recognized the seriousness of the spread of illegal activities in Hold'em pubs and formed a 'Special Task Force (TF) to respond to illegal activities in Hold'em pubs' in July of last year in collaboration with the House Audit Committee, Ministry of Gender Equality and Family, National Police Agency, and Ministry of Food and Drug Safety, and prepared measures to eradicate illegal activities. In addition to revising the Tourism Promotion Act, the special task force is conducting a nationwide survey of hold'em pub operations, strengthening crackdowns on illegal activities in hold'em pubs, and designating hold'em pubs as harmful businesses for youth. Kim Geun-ho, director of tourism industry policy at the Ministry of Culture, Sports and Tourism, said, “We expect that this revision of the Tourism Promotion Act will allow us to effectively crack down on illegal cash transactions that occur in hold’em pubs, etc.” Lee Jin-sik, Secretary General of the House Audit Committee, emphasized, “The passage of this amendment will be an important clue to eradicating illegal gambling in Hold’em pubs,” and added, “Related ministries will continue to cooperate to respond strongly to illegal activities in Hold’em pubs.”  [View full article] - “Illegal gambling at Hold’em pubs will be punished”… Passage of amendment to the Tourism Promotion Act [National Assembly audience]

In November last year, Mr. A (34) ordered 200 tablets of the erectile dysfunction drug Vidalista (a generic version of Cialis) for 130,000 won from an overseas direct purchase site. This is because the price is less than one-fifth of what it would be if you buy it with a doctor's prescription in Korea. But the medicine did not arrive even after two months. When I inquired with the company, the only response they gave me was “Delivery will begin soon.” Mr. A, who felt suspicious, inquired, and within 10 days, more than 100 people who had suffered the same damage gathered. Mr. A said, “I have been buying medicine directly from overseas for 8 years,” and “I chose the company because it had a high discount rate, but I got scammed.” Mr. A plans to sue the other victims and the company to the police. Recently, the number of victims of so-called ‘overseas direct purchase scams’, where people like Mr. A buy medicines through overseas direct purchase but do not receive the goods, are on the rise. This is because the number of sites selling hair loss treatments and sexual function enhancement drugs online has mushroomed in recent years. The number of sites suspected of overseas direct purchase fraud registered on the International Trade Consumer Portal increased significantly from 249 in 2020 to 325 last year. Last year, as a result of a crackdown by the Ministry of Food and Drug Safety, there were 18,331 posts about selling and distributing medicines online. In fact, when I searched for medicine purchase on Google on the 30th, I was able to immediately access the direct purchase site. Many of the companies were encouraging people to join the site and purchase by increasing the discount rate the more medicines were purchased, or providing points to both parties when a new subscriber wrote down a referral. The problem is that bringing medicines into the country without obtaining an import permit from the Ministry of Food and Drug Safety is itself a criminal act that violates the Pharmaceutical Affairs Act. In addition, hair loss and erectile dysfunction treatments, which are mainly sold by illegal direct purchase sites, are specialty drugs in Korea and cannot be sold without a doctor's prescription. Even if you fall victim to a direct purchase of pharmaceuticals, it is not easy to get relief. This is because scam sites are mainly based overseas. Illegal sales of pharmaceuticals are punishable by imprisonment for up to 5 years and a fine of up to 50 million won, but in reality, investigation is not easy. A police official said, “If the direct purchase company’s IP is located overseas, it will inevitably take a long time because we have to seek international cooperation for the investigation.” In addition, in the case of prescription drugs containing ingredients such as steroids, ephedrine, and etomidate, purchasers may be subject to a fine of less than 1 million won (Pharmaceutical Affairs Act, Article 98). The recent increase in the number of direct purchase companies of overseas drugs is due to the rapid increase in domestic demand. They visit direct purchase sites to obtain unlicensed medicines that are not available in Korea or to purchase them in bulk at low prices even if they are sold domestically. In 2022, Incheon Headquarters Customs caught six people who smuggled in and sold 57,000 abortion pills from China that were not approved in Korea. Some drugs used to treat ischemic cerebral infarction, cognitive impairment in the elderly, and narcolepsy are also misused as ‘smart drugs’ (drugs that improve your brain). Mr. C, who has experience purchasing the drug directly from overseas, said, “This medicine cannot be prescribed unless you are a patient diagnosed with dementia, so I had no choice.” Hair loss medicine and sexual function improvement medicine are constantly purchased overseas for the purpose of reducing costs. In fact, one hair loss medicine costs 16,500 won for 10 tablets when purchased at a pharmacy, but when purchased directly from overseas, it can be purchased for 2,600 won. Mr. Lee (36), who bought the hair loss medication directly from overseas, said, “To get a prescription, there is a long wait at the hospital and the price is high, so I buy it even at the risk of side effects.” The methods used by overseas direct purchasers to avoid the eyes of customs authorities are becoming increasingly sophisticated. They do so-called ‘can change’ by changing the packaging container, or they intentionally omit customs-banned ingredients such as steroids, ephedrine, and etomidate from the product name. Some take advantage of the fact that products priced under US$150 (approximately 200,000 won) do not need to report imports and report prices lower than the actual price. Some point out that punishment for buyers should be strengthened to prevent illegal overseas direct purchase of pharmaceuticals. This is because the punishment is lighter than that of sellers, and the drug ingredients that can be punished are limited. Attorney Choi Hyeon-deok of Daeryun Law Firm said, “The Pharmaceutical Affairs Act must be fundamentally revised to strengthen the punishment of buyers.”  [View full article] - "130,000 won for 200 pills for erectile dysfunction"... I thought it was a windfall, but it was a ‘direct purchase fraud’

Court recognizes ‘medical treatment expert’ based on future income… "Pay 273.16 million won" ruling In the appeal trial for a prospective medical worker who was assaulted on the street, the amount of damages was nearly twice as high as in the first trial. This is because the future income standard for prospective medical staff was 'health, social welfare and religious workers' in the first trial, but was recognized as a 'medical care expert' in the second trial. According to the legal community on the 30th, the Busan District Court recently ruled In the appeal trial of a damages claim filed by Mr. A, a dental graduate school student, it was ruled that B, who caused the injury, should pay approximately 273.16 million won. This is about twice as much as the 143.59 million won in damages awarded in the first trial in February last year. Mr. A bumped shoulders with Mr. B on a roadside in Geumjeong-gu, Busan in April 2020. When Mr. A complained that he was a “mistress,” Mr. B struck Mr. A in the face several times with his fist and kicked Mr. A, who fell to the floor. As a result, Mr. A’s muscles at the corners of his mouth, which are at both ends of his lips, were completely ruptured, and he developed temporomandibular arthritis, an injury that required treatment for 21 days. In February of the following year, he was also diagnosed with post-traumatic stress disorder (PTSD), depression, and panic disorder due to the assault. Accordingly, Mr. B received a summary order with a fine of 2 million won in October 2020, and Mr. A claimed damages of about 297.06 million won against Mr. B. The first trial court found that when Mr. A opened his mouth, his lips were twisted, and neurological symptoms remained in the oral area. It was determined that there was a loss of work ability to the extent that aesthetic problems, such as locomotives, affected the choice of occupation. The court determined that the deep scar on the lips was “to the extent that it affects the ability to attract patients as a dentist.” The court calculated the profit (lost profit) that could have been earned if this incident had not occurred. Mr. A, who was 21 years old at the time of the accident, was considered highly likely to become a dentist as he received a scholarship for excellent grades at a dental school, and lost profits were calculated based on ‘health, social welfare, and religious occupations’ from the internship period in 2026 to 2063 when he turns 65. In addition, he was paid about 143.59 million won, including medical expenses, future treatment expenses, alimony, etc., and delayed interest. ruled to pay. Regarding this, both Mr. A and Mr. B appealed. Mr. A believed that future profits were underestimated and requested that the standard for ‘medical care specialist’ in the 2022 ‘Labor Status Survey Report by Employment Type’ be recognized. On the contrary, Mr. B argued that future profits were overestimated due to the fact that he was a dental student. Accordingly, the appellate court did not accept Mr. B’s argument and doubled the amount of damages compared to the first trial. “Pay approximately 273.16 million won and delay damages.” The court ruled, “The plaintiff has excellent academic performance, including receiving a scholarship for academic excellence and receiving excellent grades. Considering his age and academic performance, there is a significant possibility that he will be able to earn income as a dentist in the future.” Daeryun Law Firm, which represented Mr. A, said, Attorney Choi Bo-yoon said, “We confirmed that a new occupational group of medical specialists was created in the recent labor status survey report by employment type, and we actively argued for this based on Supreme Court precedent, so we were able to have dentists’ reasonable income recognized.”  [View full article] Daily Medi - Dental student assaulted on the street... Compensation at the appeals court 'double ↑' Sports Seoul - The amount of statistical income compensation for assault on medical personnel has approximately doubled.

Three in-house lawyers from large corporations join the law firms of Yoon & Yang and DaeryunIn-house lawyers at large corporations are attracting industry attention as they move to law firms one after another. According to the law firm industry on the 28th, Daewoo Engineering & Construction Domestic Legal Affairs Director Jae-woo Jeon (32nd class of the Judicial Research and Training Institute) and Park Sam-geun, head of the Samsung Electronics Service Legal Team (33rd class), recently joined the law firm Yoon & Yang. Attorney Jeon has been working at Daewoo Engineering & Construction for 15 years, reviewing laws related to real estate development and contracts, and handling disputes related to construction. Attorney Park, an expert in labor-management disputes, joined Samsung Electronics in 2011 after retiring from the Ministry of Employment and Labor. After working in the human resources and legal teams, he oversaw the task force (TF) for direct employment of employees of partner companies at Samsung Electronics Services. Won Hyeong-il, head of the legal department at POSCO Future M (28th class), also recently transferred to Daeryun, a mid-sized law firm. Attorney Won, a former judge, has been working at POSCO Group since 2012. After serving as managing director and head of the legal department at POSCO (currently POSCO Holdings), he has worked at POSCO Future M since 2019. Reporter Jinseong Kim jskim1028@hankyung.com (Korea Economic Daily, January 29, 2024, page A25) [View original article] - Three in-house lawyers from large corporations join the law firms Yoon & Yang and Daeryun