Press Coverage

[Reporter Roishu Jin Ga-young] Industrial accidents refer to accidents that occur to workers working at industrial sites. Under the Labor Standards Act, a worker refers to a person who provides work to an employer for wages in a business or workplace, in terms of its substance rather than the form of a contract. Generally, when thinking about industrial accidents, it is easy to think of personnel accidents that occur at construction sites or manufacturing plants, but industrial accidents can also occur due to exposure to diseases, even if they are not necessarily due to direct physical factors. Even after retirement, if a worker proves that the disease was caused by the work he or she performed, he or she can be approved as an industrial accident. In Article 37 of the Industrial Accident Compensation Insurance Act, any injury, disease, or death that has a causal relationship with work is considered an occupational accident. The law stipulates occupational accidents, occupational diseases, and commuting accidents as specific types of occupational accidents. Occupational accidents are accidents that occur while workers are performing their work, and include not only accidents that occur while working, but also accidents that occur during company-sponsored events. Occupational diseases refer to diseases caused by handling or exposure to factors that can have a negative impact on the physical health of workers, such as physical factors, chemicals, dust, pathogens, and tasks that place a burden on the body, during the course of work. Attorney Jeong Jun of Daeryun Law Firm (Limited) advised, “For workers who have suffered an industrial accident, they cannot work and have no immediate source of income, so it is important to resolve their livelihood issues through sufficient compensation for the industrial accident. Since it is not easy to prove the facts of an accident or work-related disease, it is necessary to collect evidence and review it carefully with a labor lawyer.” View full article - Occupational accidents of industrial workers must be carefully examined, their types, and whether they are recognized.

[Korea Instructor Newspaper Reporter Lee Mi-sook] Diet supplement, anti-aging, joint protection… YouTube is full of recommended products, and Instagram’s realistic experience stories entice you to click ‘buy.’ On TV health information programs, experts such as doctors, pharmacists, and oriental medicine doctors appear and kindly explain the ‘scientific evidence.’ <Current Affairs Planning Window>, together with the Consumer Group, a consumer group, monitored 400 online advertisements for health functional foods and health foods (functional advertisements) sold on five platforms, including Naver, Kakao, Instagram, YouTube, and Coupang. As a result, a whopping 233 cases of unfair advertisements were revealed, excluding those that could not be accurately called unfair advertisements, although they were vague and exaggerated. There were many testimonials that advertised the product as if it were a medicine, exaggerated the functions of the raw materials or products, used false facts, or exaggerated the effects. Company A’s ‘green lipped mussel’ product, which gained popularity as it was known to have joint-protecting properties, advertised pharmaceutical-level therapeutic effects such as treating arthritis, preventing asthma and cardiovascular disease, and alleviating inflammation. Company B's 'Cissus' product, which SNS influencers mobilized, is proudly saying that it not only reduces body fat, but also has benefits such as diabetes prevention, bone health, and pain and inflammation relief when consumed. In advertisements, papers are presented to ‘scientifically’ prove the effectiveness. To what extent can we trust the contents of this paper, which claims to be ‘the latest research results’? The reporters verified several papers used in the advertisement. It was confirmed that only advantageous parts were extracted, that the source was not properly disclosed, and that papers from 25 years ago were claimed to be the latest research results. Additionally, various experiments that can be seen with our own eyes also appear. Chunks of bread or oil may melt, and the oil may separate and float on top of the chicken. You can see the reality of the experiments in <Current Affairs Planning Window - Please Take Care of My Health?>, which makes you look at the experiments with admiration. A TV health information program where doctors, oriental medicine doctors, pharmacists, and experts are concerned about my health and provide solutions to problems. Professor Eunjeong Kim (Kyunghee University Graduate School of Media and Communication) said the health information program is “a large and well-planned advertising strategy.” The reporters, along with experts, analyzed the broadcast contents of 8 health information programs and 24 episodes. How do they shake our hearts and make us open our wallets? You can see how the huge advertisement disguised as a broadcast and the experts such as doctors, oriental medicine doctors, pharmacists, etc. who are mobilized in the advertisement tempt us in the 410th episode of KBS <Current Affairs Planning Window - Please Take Care of My Health?> on March 21st at 10 PM. *'Current Current Affairs' is an investigative reporting program of the Korea Broadcasting Corporation. Planning Intention: This is a current affairs program based on the know-how of investigative reporting and the planning power of authentic documentaries. <Direct Current Affairs> is a program that integrates <60 Minutes Tracking> and was created to respond more quickly to rapidly changing current affairs and plan in-depth investigations. The host (cast) is lawyer Lim Jae-seong. By providing information on various issues, official videos, episode information, etc. are attracting the attention of viewers. View full article - Current affairs planning window, please take care of my health?... Health information program ‘large and well-planned advertising strategy’

[The Power = Reporter Yoo Yeon-soo] As the recent economic downturn continues for a long time and many employers are having difficulty maintaining their businesses, there are increasing cases of workers not receiving proper wages or even being fired. As a result, legal disputes between employers and workers over issues such as unpaid wages and severance pay are increasing. Wages are a means of protecting the minimum right to survival necessary to live in modern society, including monthly utility bills, savings, and living expenses. Therefore, the issue of wage receipt and increase negotiation is bound to be the most sensitive issue for workers. Nevertheless, in reality, payment of wages may be delayed or only a portion of wages may be paid due to worsening company management. In addition, there are many cases where severance pay is not paid on time or wages are paid below the minimum wage. When non-payment of wages does not follow the principles of wage payment according to the Labor Standards Act, workers can first submit a petition for non-payment of wages to the labor office with jurisdiction over the place of business and request a labor supervisor's decision. If overdue wages are confirmed through an investigation of the parties and the facts, the labor inspector can urge the employer to pay the overdue wages, and at this time, the issue of overdue wages can be adjusted through agreement. However, if the employer continues to fail to pay wages despite the labor inspector's request for payment, the employer may be sued for violating the law. At this time, the labor inspector issues a certificate of unpaid wages and helps the worker file a civil lawsuit. If an employer fails to pay wages, criminal punishment will be imposed. The punishment for non-payment of wages is imprisonment for up to 3 years or a fine not exceeding 30 million won, and if the minimum wage law is violated, the punishment is imprisonment for not more than 3 years or a fine not exceeding 20 million won. In addition, if a person is found guilty more than twice for non-payment of wages, etc., or if the total amount of unpaid wages is more than 30 million won, the list will be disclosed as a workplace with non-payment of wages, which will result in a significant disadvantage in maintaining the business and managing the business owner's credit. Kim Gwang-deok, a lawyer at Daeryun Law Firm (Liuhan), advised, "Wage arrears are not a problem that can be resolved by both employers and workers just holding on. If a legal dispute arises, you should seek advice from a labor lawyer and prepare a response to resolve the matter amicably." View full article - Legal action must be taken in the event of labor disputes, such as non-payment of wages and severance pay

[Beyond Post Reporter Shin Kim] Workers face great difficulties in maintaining their livelihood when their employer unilaterally terminates their employment relationship regardless of their will. Therefore, the Labor Standards Act prohibits employers from dismissing workers without justifiable reason, and operates several systems to ensure that workers who have been unfairly dismissed can receive relief. First of all, in order to proceed with a legal dispute on the grounds of unfair dismissal, it is necessary to first determine whether the employee's status is recognized under the law. At this time, under the Labor Standards Act, whether an employee is an employee must be judged based on the substance of the work, not the formal content. The standard may be whether the worker is subordinate to the company and has worked under the company's direction and supervision for a certain period of time. Therefore, even if you are a temporary worker rather than a regular worker, your status as an employee can be recognized if you have renewed your initial employment contract and have continued to work for more than two years. In addition, a person is not excluded from worker status under the Labor Standards Act simply because he or she has been paid an amount after deducting business income tax rather than earned income tax or is not enrolled in the four major insurance policies. If the company takes a dismissal action without considering these factors, it is clearly an unfair dismissal, so it must apply to the local labor committee for relief or even consider legal action such as a lawsuit to cancel unfair dismissal. For relief from the local labor committee, an application must be submitted to the local labor committee located in the location of the workplace where the worker worked. If you wish to file a lawsuit against the decision of the Local Labor Relations Commission, you may apply for an additional review of unfair dismissal at the National Labor Relations Commission. If you are still dissatisfied with the retrial, you must file a lawsuit to cancel unfair dismissal and contest the legitimacy of the dismissal. Attorney Ahn Seung-jin of Daeryun Law Firm said, "If unfair dismissal is recognized, the worker can be reinstated and receive wages not received during the period of dismissal. Therefore, the conflict between workers and companies surrounding unfair dismissal is an issue that places a burden on both parties, so we must consult with a labor lawyer with extensive experience in related cases, sufficiently refer to precedents and legal principles, and then respond logically." View full article - The issue of unfair dismissal, which is a burden on both the company and the worker, must be thoroughly reviewed by law first

[Big Data News Reporter Kyung-ho Park] Recently, as the number of students who have been victims of online school violence suffer from depression or make extreme choices, increasing, cyberbullying is being treated as one of the types of school violence. Cyber ​​school bullying occurs online and in cyberspace. Cyber ​​school bullying occurs when a victim of bullying within school is subjected to cyber bullying through social media such as Instagram even after leaving school. This kind of cyberbullying includes saying specific words that defame the other person, spreading such content on the Internet, etc., continuously saying insulting terms that disparage the other person in front of many people, or spreading such content on the Internet, etc. As the penetration rate of smart devices increases and non-face-to-face communication increases, the frequency and severity of cyber school bullying incidents are increasing. The victims' suffering is so severe that it goes beyond imagination, and cases of them suffering from depression are not uncommon. Because it takes place in cyberspace, you can suffer group violence by an unspecified number of people regardless of time or place. In addition to simple psychological damage, you can also suffer financial damage such as asking for gifticons or extorting the victim's data. In addition, unlike typical face-to-face school violence, it is carried out quite intelligently and cleverly so that it is difficult for parents or acquaintances to notice. If the one-sided harassment by the perpetrators continues, it is necessary to take legal action without delaying too long. Therefore, if you are a victim of cyber school bullying, it is important to secure evidence to prove the fact of the damage, so it is a good idea to leave concrete data such as recording the damage, leaving a conversation history, and writing about the damage in a diary. Attorney Jeong Sang-eui of Daeryun Law Firm (Lihan) advised, “Parents should carefully examine their children if they suspect that they have been victims of school violence, as the damage caused by cyber school violence is not easily apparent on the outside, so children often suffer for a long time and the wounds become deeper.” He added, “The recognition of school violence and the level of action taken can vary depending on how you respond to school violence, so it is essential to respond systematically through consultation with a lawyer specializing in school violence with extensive experience in school violence cases.” View full article - If you are a victim of cyber school violence, it is important to secure evidence to prove the damage.

Daeryun Law Firm (Yuhan) announced on the 6th that it had hired senior attorney Seong-wook Seong, a former prosecutor at the Incheon District Prosecutors' Office. He graduated from law school at the top of his class. After being appointed as a prosecutor, he served as a prosecutor at Jeonju Prosecutor's Office, Suwon Ansan Branch, and Incheon District Prosecutors' Office, and was in charge of various criminal cases, including violent crimes, traffic accidents, school violence, and juvenile crimes. Representative attorney Shim Jae-guk said, “In the current situation where the flow of case processing procedures, including the adjustment of investigative authority, is rapidly changing, we are expecting that Attorney Seong-wook Seong, who joined Daeryun right after his retirement on the 24th of last month, will respond more quickly and flexibly to changes in investigation methods.” He added, “With the addition of Attorney Seong, we expect that the capabilities of the criminal team in charge of juvenile crimes, drugs, and sex crimes, which are continuously increasing, will be further strengthened.” An official from Daeryun Law Firm (Lihan) said, "Criminal cases require a careful response from the initial investigation stage. According to the judiciary's analysis of military honors, the rate of probation for former lawyers is twice that of general lawyers," and added, "We are continuously recruiting lawyers from courts and prosecutors to provide clients with professional assistance from the investigation stage to the court stage." Meanwhile, Daeryun is a law firm that recently opened its Busan West Office in Gangseo-gu, Busan and operates 29 offices across the country. It also operates a dedicated center for each case, including corporate law, tax, and military criminal affairs. View full article - ‘Daeryun Law Firm (Lihan)’ joins lawyer Seong-wook Seong, a former prosecutor, strengthening criminal case capabilities

[Global Epic Reporter Hwang Seong-su] Recently, insurance fraud by those who intentionally cause traffic accidents for insurance money is causing social repercussions. Insurance fraud is the act of deliberately causing an accident or manipulating information to deceive an insurance company and obtain insurance money. It occurs in various forms, such as disguising it as a traffic accident and receiving a large amount of insurance money, or pretending that an insured accident occurred even though it did not occur. In order to receive as much insurance money as possible, the extent of damage is exaggerated by inflating car repair estimates, colluding with doctors to increase the degree of injury or disability level, and intentionally staying in the hospital for a long period of time. Insurance fraud is subject to criminal punishment, and if you deceive an insurance company and claim insurance money, you are also guilty of insurance fraud. Insurance fraud is punishable by imprisonment for up to 10 years or a fine of up to 50 million won in accordance with the ‘Special Act on Prevention of Insurance Fraud’. If the amount of profit from insurance fraud is more than 500 million won or if you are judged to be a habitual offender, you will be subject to severe punishment and may be subject to disadvantages such as restrictions on employment. Additionally, even if the fraud is discovered and the attempt is made without receiving the insurance money, punishment cannot be avoided. Due to the rapid increase in insurance fraud crimes, there are frequent cases where innocent accident victims or policyholders are accused of insurance fraud because the insurance money is large or the number of insurance claims is high. Attorney Park Shin-young of Daeryun Law Firm (Lihan) said, “During the investigation process to detect insurance fraud, there are many cases where medical professionals or patients who did not commit any illegal acts are charged or punished simply based on suspicious circumstances.” He added, “As the issue of insurance fraud has emerged, including the arrest of a group of insurance fraudsters worth hundreds of millions of dollars, the level of punishment has increased and insurance companies are forming teams to respond, so if you are unfairly suspected of insurance fraud, you must seek the help of an insurance lawyer and a traffic accident lawyer from the beginning of the case and respond proactively to avoid unfair punishment.” View full article - If you are unfairly suspected of traffic accident insurance fraud, you must respond immediately

[The Indigo = Editor-in-Chief Lee Yong-seok] In the future, the role of disability rights advocacy organizations, support centers for people with developmental disabilities, and organizations for the disabled to protect the rights and interests of people with disabilities who have been victims of abuse or crime is expected to increase. On the 9th, major media outlets, including the Kyunghyang Shinmun, reported on the use of the 'designated accuser system' for the first time in history to punish the intellectually disabled woman A's brother-in-law B for obvious crimes, including stealing the husband's death insurance money. The incident is a typical crime of stealing property between relatives targeting people with developmental disabilities such as intellectual disabilities. When his brother died, Mr. B received the death insurance money of 235 million won on behalf of his sister-in-law, Mr. A, and changed Mr. A's house into his own name. The Jeonbuk Disability Rights Advocacy Agency, which was aware of this crime, requested an investigation from the police in January of last year. When the investigation began, Mr. B submitted a non-punishment application to the police, requesting that the investigation be stopped immediately as it was an internal family matter. They advocated the so-called relative mourning ceremony, which exempts them from punishment for crimes committed between relatives as stipulated in Article 328 of the Criminal Act. In order to punish crimes between relatives, there had to be a complaint from Mr. A as it was a ‘crime of pro-crime’ in which the victim had to file a complaint directly, but since Mr. A personally signed a non-punishment application form, the case seemed to be concluded with ‘no right to prosecute’. However, on the 24th of last month, Mr. B was indicted on charges of embezzlement, false entry in electronic records, and conspiracy. Prosecutor Jin Dong-hwa of Jeonju Prosecutor's Office, Jeongeup Branch, the prosecutor in charge, played a significant role until these results were obtained. First, Prosecutor Jin began a re-investigation to clearly confirm Mr. A’s ‘intent to punish’, who was unable to even recognize his own damage due to his intellectual disability even though the damage was clear, and finally obtained an answer from Mr. A that said, “I hope Mr. B, his brother-in-law, gets scolded.” After confirming the victim's intention to punish, Prosecutor Jin immediately set out to find the 'interested persons' defined in the 'designated accuser system'. Mr. C, the son of Mr. A, was considered, but since he had already withdrawn his intention to punish his uncle, there was a high probability that he would have received financial support from his uncle, Mr. B, and local facilities for the disabled were also excluded because they had a relationship with Mr. B. In the end, Prosecutor Jin applied for designation as a complainant, naming the Jeonbuk Disabled Persons Rights Advocacy Agency, which had initially requested this case, as a “interested party,” and when the application for designation was approved, he had the Jeonbuk Disability Rights Advocacy Agency appoint a public defender. In addition, a public defender was designated as the complainant, a formal complaint was submitted, and Mr. B was able to be sent to trial. Regarding this case, lawyer Choi Bo-yoon of Daeryun Law Firm said, “In general crimes, a complaint is simply a clue to the investigation, but in pro-reporting crimes, a complaint is required for the case to progress.” He added, “The ‘designated accuser system’ is a case in which a accuser is designated only upon the application of an ‘interested person’ in cases where ‘there is no one to file a complaint’ for pro-reporting crimes, and ‘in cases where there is no person with the right to file a complaint (relatives, etc.) as specified in the law, or for example, a legal representative such as the victim’s parents is the perpetrator. “It is possible to use it in some cases.” “However, there may be concerns about the scope of ‘interested persons,’ but it appears that it will be interpreted broadly, and in particular, in this case, as it has become a precedent for the disability rights advocacy organization, which is the reporting organization, to be an interested party, it seems that those who are required to report under Article 15 of the Developmental Disabilities Act or the Developmental Disabilities Support Center will also need to actively take action by establishing a response system for pro-reporting crimes.” Although the Welfare of Persons with Disabilities Act has been revised and implemented in 2021 to stipulate that the Relative Funeral Ceremony will not be applied to crimes of abuse of persons with disabilities, the opinion is that active use of the ‘designated accuser system’ is necessary as crimes that occurred before the revision of the law are still subject to the crime of pro-reporting. In addition, through this case, organizations for the disabled, such as disability rights advocacy organizations, can apply for designation as plaintiffs as 'interested parties', so if related organizations or institutions take an active role, it is expected that a significant amount of damage relief will be provided to disabled people who have suffered from property extortion by relatives and whose legal rights were restricted due to being blocked by the Relative Funeral Service. View full article - Crimes related to mourning relatives for people with developmental disabilities can now be punished through the ‘designated accuser system’

Recently, industrial accidents at companies have occurred frequently in Korea, and related legal disputes have arisen. Safety accidents that occur at industrial sites are legally handled by the Product Liability Act and the Serious Accident Punishment Act. If a consumer consumes a product made by a company and casualties occur, the Serious Accident Punishment Act can be applied. For example, if consumers who consume dumplings produced by a company suffer from mass food poisoning, a product defect is recognized even if the product has received the government's Food Safety Management Certification Standard (HACCP). The Serious Accident Punishment Act defines disasters caused by defects in raw materials, manufactured products, public facilities, and public transportation as serious civil disasters, and punishes those responsible for management when casualties occur. Products referred to in this law include automobiles, food, and pharmaceuticals. In relation to this, the company will defend itself by citing reasons for exemption as provided for in the Product Liability Act. The Product Liability Act, which was enacted to protect victims from damages caused by product defects, stipulates in Article 4, Paragraph 3 that manufacturers are exempt from liability if they prove that a product defect occurred by complying with the standards set by the laws at the time the manufacturer supplied the product. However, there are cases where the Serious Accident Punishment Act is applied even if it falls under exemption under the Product Liability Act. For example, if a consumer dies due to an accident involving a defective automobile part, the consumer may be exempted from liability under the Product Liability Act, but in some cases, the Serious Accident Punishment Act may apply. In this way, legal disputes and authoritative interpretations related to the Product Liability Act and the Serious Accident Punishment Act are emerging as major social problems. The Serious Accident Punishment Act is a means of disaster prevention and was created to eliminate insensitivity to safety in industrial sites and move toward becoming an industrial safety powerhouse, and has a strong character as a special law for the punishment provisions of the Criminal Act and the Occupational Safety and Health Act. Attorney Jeong Jae-bong of Daeryun Law Firm (Limited) advised, “In order to be excluded from the provisions of the Serious Accident Punishment Act, a company’s response strategy must prove that it was unable to prevent an accident despite fulfilling its obligations to ensure safety and health, or that it was unable to control risk factors beyond the scope of the business owner’s control.” He added, “As it is in the early stages of enforcement of the law, it is advisable to receive legal advice from a corporate legal lawyer with a high understanding of related cases.” View full article - What is the strategy for responding to the increasing legal disputes related to the Product Liability Act and the Serious Accident Punishment Act... and corporate lawsuits?

[Beyond Post Reporter Kim Shin] Traffic accidents can happen to anyone, but when a traffic accident occurs and you suffer damage, there are many issues that need to be considered in the midst of the chaos. Among them, there are frequent cases of disputes over the percentage of fault between the perpetrator and the victim. It is important to note that there are cases where insurance companies excessively reduce their fault ratio to reduce the settlement amount, and it is necessary to consider all factors rather than hastily deciding on the settlement amount. At this time, if there is a difference of opinion on the percentage of fault and no agreement can be reached, a lawsuit must be filed to claim reasonable compensation. The key to compensating for traffic accident damages is to accurately determine medical expenses, including future medical expenses, and decide whether or not to file a lawsuit. In civil cases, damages are divided into active damages, passive damages, and alimony. Active damages include hospital treatment, hospitalization, nursing, funeral expenses, etc., while passive damages include future income that could have been earned if the accident had not occurred. In addition to salary income and business income, compensation varies depending on whether it is difficult to prove income, unemployed people, housewives, etc., so a strategy must be established to ensure that appropriate compensation is received within the established standards. Compensation for damages must be filed within the statute of limitations to claim and prove damages for each item. Once the judgment is confirmed, it can no longer be reversed, so it must be proceeded with caution. Attorney Hyun Byeong-hee of Daeryun Law Firm (Limited) advised, “When claiming compensation for traffic accident damages, it is necessary to clearly prove the facts about how the incident occurred, the percentage of fault, and the cause of the accident, so there are limits to the ability of the general public to make various legal judgments necessary from settlement to litigation.” He added, “It is better to respond with the help of a traffic accident lawyer who has handled a variety of traffic accident cases.” View full article - If you are experiencing a dispute over traffic accident damages or negligence ratio, consider filing a lawsuit