Press Coverage

[The Power = Reporter Yoo Yeon-soo] Amid the recent economic downturn, many people are suffering great losses by being involved in financial crimes such as investment fraud and embezzlement. Fraud is a crime under criminal law that involves deceiving someone to receive property or obtain financial gain. The crime of embezzlement refers to the act of a person who keeps another person's property using the property for personal use or refusing to return it. Investment fraud is mainly a method of promising to multiply the investment amount by using stocks or coins as bait, or guaranteeing high returns by doubling the investment amount because there is a promising new business item. The most important factor in establishing a ‘crime of fraud’ is proving ‘an act of deception’, that is, intentional deception. Therefore, the core basis for admitting the fraud charge is not simply that investors did not receive their investment money back, but that there was no possibility of profit due to the business structure in the first place, and that the investment money was intentionally attracted and then used arbitrarily. Typical acts of deception include cases where an agreement is made to distribute a certain amount of profits as profits instead of using the investment funds for a specific purpose, cases where it is impossible to generate profits due to the business structure, falsification of documents to make it appear that the investment funds and profits have been performed, and cases where the investment funds are used for purposes other than investment. These are easy to prove as embezzlement by simply checking the flow of the investment funds. Basically, fraud is punishable by up to 10 years in prison or a fine of up to 20 million won under the criminal law, but the larger the amount of profit obtained, the more severe the punishment. In accordance with the Act on the Aggravated Punishment of Specific Economic Crimes, if the amount of gain through fraud is 500 million won or more but less than 5 billion won, the person is punished by imprisonment for a fixed term of 3 years or more, and if the amount of gain through fraud is more than 5 billion won, the person is punished by imprisonment of 5 years or more or life imprisonment. Attorney Lee Il-kwon of Daeryun Law Firm (Limited) said, “For investment-related fraud, it is necessary to objectively reveal with evidence what part is deception, what the resulting damage is, and what is the causal relationship between deception and damage, etc.” He added, “From the process of attracting investors and investment money to the actual investment, it is necessary to carefully understand whether the requirements for fraud are met and then devise a specific strategy, so a criminal and financial lawyer with extensive experience in fraud cases is required. “We must receive assistance to prove fraud damage and minimize damage to investment funds,” he advised. View full article - If you are involved in a criminal case such as financial investment fraud or embezzlement using investment funds arbitrarily

Full text of media reports on common-law divorce[Reporter Roishu Jin Ga-young] Recently, many young couples are living together without delaying or not registering their marriage at all. This means living without registering a legal marriage in order to avoid being overly tied to each other, and these couples are defined as common-law couples. Common-law couples do not receive legal protection based on legal marriage, such as inheritance rights, because they have not registered their marriage as stipulated by law. However, if they prove that they were in a common-law marriage relationship and not simply cohabitation, they can file a lawsuit during the separation process. Common-law couples can dissolve their relationship by agreement of the parties or by one party's expression of intent without the legal procedure of divorce. However, if the relationship is terminated due to obvious reasons such as infidelity, the other party can be held responsible for the dissolution of the marriage. Therefore, even in a common-law marriage, if the marriage is dissolved due to the other party's infidelity, a lawsuit for alimony can be filed against the other party. Additionally, in the process of dissolving a common-law marriage, you can request property division from the other party, just like a legal marriage. If a couple dissolving a common-law marriage has children, custody and parental rights can be determined through agreement between the parties or may be designated by the court, and the custodian can also request child support. However, in all of these matters, you must be able to prove that you and the other person were in a ‘common-law relationship’ rather than simply living together. In order for a common-law divorce to be recognized, the reality of the marriage must exist to the extent that the common life of the couple can be recognized according to social norms. For example, documents proving that two people have been living together at the same address for a long period of time and documents proving that they have formed an economic community are required. Attorney Jeong Sang-ui of Daeryun Law Firm advised, “As common-law marriages require objective proof of common-law marriage even if there is a clear cause of fault, such as a spouse’s infidelity, it is necessary to get legal help from a divorce lawyer and systematically collect evidence to prepare for litigation.” View full article - Increasing number of couples do not register their marriage... Can claim alimony and property division in case of common-law divorceIs it possible to divorce without registering the marriage?Divorce is impossible without registering the marriage. Divorce is the process of dissolving a legal marriage, but in the case of a common-law marriage, there is no legal relationship to dissolve because it is not a marital relationship under the law. If you are not legally married, there is no need to go through divorce proceedings. You can end your relationship naturally through separation, etc., without going through procedures such as divorce.Is it possible to claim property division in a common-law marriage?Even in the case of a common-law divorce that dissolves the relationship without registering the marriage, a claim for property division is possible. If one party is responsible for leading to an irreparable relationship, the other party may claim alimony. However, you must be able to prove a ‘de facto marriage relationship’ equivalent to a legal marriage relationship, not a simple cohabitation relationship. If you have had a wedding, you can use wedding invitations or wedding photos as evidence to prove your marital relationship. Even if you have not had a wedding, you can support your marital relationship through interactions between the two families and testimony that acquaintances recognized them as a couple.Are you considering filing a common-law divorce lawsuit?Unlike a legal marriage, a common-law marriage must first prove the marital relationship. Since faster preparation is needed, we recommend that you receive legal assistance, such as consultation with a divorce lawyer, to protect your legal rights.

[Big Data News Reporter Kyung-ho Park] Unlike general society, the military is a society with strict hierarchy and hierarchy, so laws such as the Military Criminal Act are set aside and first trials are conducted in military courts. The special nature of the military can sometimes be controversial as it violates individual rights. Military sex crimes are organized around a closed and coercive hierarchical culture, and there is a high possibility of secondary victimization from superiors and other organizations when reporting damage. Therefore, there were many cases where victims of sexual crimes were covered up for fear of secondary victimization and additional damage. In order to improve these limitations, the military is also revising related laws and treating sexual crimes between soldiers seriously under the Military Criminal Act. While the general criminal law imposes a fixed-term prison sentence of three years or more on those who rape, those who rape soldiers, etc. under the Military Criminal Act are subject to a fixed-term prison sentence of more than five years. In this way, unlike civilian cases, military criminal cases of sexual crimes carry a higher level of statutory punishment, and the investigation and investigative process proceeds in a similar manner to general criminal cases. However, the intensity or direction of the investigation may also vary depending on various factors such as facts, rank, and whether it occurred within the military. If you are involved in a military criminal case, depending on the results of the criminal action, it may lead to administrative action or civil litigation. In general, the perpetrator is often from the upper class and the victim is from the lower class, which clearly shows the characteristics of sexual crimes in the military where criminal damage is inflicted on subordinates using their status as superiors. Unlike civilian sex crimes, when a soldier is referred to a military court and punished under military criminal law, he or she is subject to military disciplinary action in addition to imprisonment. There are a variety of dispositions ranging from military reprimands and pay cuts to rank demotion and suspension, and dismissal and dismissal that result in deprivation of military status. Attorney Kim Geun-soo of Daeryun Law Firm advised, “If you are wrongfully accused of a military sex crime, it is important to secure early evidence and set the direction of your statement, so you should work with a professional lawyer to secure as much evidence as possible as early as possible and prepare how to make a statement about the case.” View full article - If you have been wrongfully implicated in a military sexual crime, early response is important.

[Global Epic Reporter Hwang Seong-su] Drunk driving is the act of driving a vehicle or other means of transportation under the Road Traffic Act while intoxicated, which can threaten not only the driver's life but also the lives of others. In particular, if you injure or cause death to another person, you will be subject to strong punishment under the Road Traffic Act. In addition to having your license revoked, you may be subject to additional charges of causing death by dangerous driving under the Special Price Act and may be subject to aggravated punishment. As such, drunk driving is clearly an illegal act under the Road Traffic Act, and if it causes casualties, it must be punishable. The Road Traffic Act stipulates that if the blood alcohol concentration exceeds 0.03%, a person is subject to criminal punishment, and the level of punishment for drunk driving crimes is becoming increasingly strict. However, there are exceptions to license revocation, which is an administrative measure separate from criminal measures. This is a case where the act of driving itself is an important means of making a living. Anyone working in the transportation industry, such as a bus driver, taxi driver, or truck driver, can apply for relief from the administrative disposition of license revocation. In this case, the procedures and requirements of the legal system, such as objections and administrative trials, must be carefully reviewed. Among these, objections must be filed with the local police agency having jurisdiction over the driver's license within 60 days from the date of cancellation of the driver's license. You must meet certain conditions to apply: your blood alcohol content must be less than 0.1%, and you must not have had a drunk driving traffic accident, failed a breathalyzer test, or run away within 5 years. Attorney Choi Jeong-woon of Daeryun Law Firm (Liuhan) advised, “As the requirements for reissuing a license have become more stringent if you have a history of drunk driving, it is essential for those whose transportation business is a means of making a living to prepare with an administrative lawyer for relief measures such as revocation of a drunk driving license suspension.” View full article - Even drivers who make a living are inevitably subject to drunk driving and license suspension/revocation

[The Power = Reporter Yoo Yeon-soo] Recently, as the age group using smart devices is getting younger, the number of victims of ‘cyber school violence’ is increasing in elementary, middle, and high schools, and cyber school violence accounts for more than 30% of all types of school violence. Cyber ​​school violence, as stipulated in the ‘School Violence Prevention and Countermeasures Act’, refers to acts in which students use information and communication devices such as the Internet and mobile phones to continuously and repeatedly psychologically attack specific students or spread personal information or false information related to specific students. With the development of information and communication media, not only simple assaults or face-to-face assaults in the past, but also acts such as verbal violence and sending insulting photos through SNS such as KakaoTalk, Facebook, and Instagram have been comprehensively defined as types of school violence. Cyber ​​school violence, which mainly occurs on SNS or KakaoTalk chat rooms, does not cause physical harm, but it causes severe mental pain, so it can cause continuous stress to the victim and cause greater mental shock and trauma than simple physical assault. Incidents of school violence are recorded in students' life records or even subject to police investigation. In particular, cyber school violence may result in criminal or juvenile protection measures depending on the specific case, such as insult, defamation under the ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.’, and obscenity using communication media under the ‘Special Act on the Punishment of Sexual Violence Crimes, etc.’. In addition, cyber school bullying may result in a high level of action being taken by the School Violence Committee because even if the bullying is not done directly, if the student is in a group chat room and watches over or sympathizes with the incident, it is considered to be bullying the victim. Therefore, if you are in a group chat room, you should avoid joining in when your friend's words and actions are inappropriate to avoid being singled out as an aggressor. Attorney Hyun Byeong-hee of Daeryun Law Firm advised, “If you are a victim of cyber school violence, you should seek legal assistance from a school violence lawyer from the beginning of the case, and take action to resolve the case by considering everything from the school violence committee to lawsuits.” View full article - If you are a victim of cyber school violence, you should consider everything from the School Violence Committee to a lawsuit.

[Beyond Post Reporter Kim Hyeong-un] Public officials who work for the country and the people may be subject to disciplinary action if they violate laws such as the National Civil Service Act, violate their official duties, neglect their duties, or damage their face or prestige regardless of their relationship to their duties. Public officials who handle the affairs of the state or local governments are a type of public figure who has various obligations as servants to the people. If an individual commits a private or public act that damages the prestige of the entire civil service organization, he or she will be subject to disciplinary action taking into account the type and level of the misconduct. When a public official or teacher commits a mistake, he or she undergoes an internal inspection and audit, is referred to the disciplinary committee, and disciplinary action is taken accordingly. At this time, if the disciplinary action is deemed unfair or excessive, he or she can apply for an appeal review to cancel or change the disciplinary action and restore his or her legitimate rights and interests. At this time, the appeal review is an administrative trial system that applies judicial procedures mutatis mutandis and is conducted in accordance with trial procedures such as the structure of the parties' trial and evidence investigation, so in order to obtain the desired result, the applicant must prove that the disciplinary action is unfair. In addition, a prompt response is also important, and in order for the claim to be reviewed, it must be submitted within 30 days from the date of receiving the explanation of reasons for disposition. In order to obtain a reduction or cancellation of the disciplinary action, the application for appeal review must be carefully prepared and submitted based on the legal basis as to why the disciplinary action is illegal or unfair. In the case of appeal review for confirmation of invalidity, there is no limitation on the appeal period, but there is no change in the fact that a quick response is necessary as it is rare for a defect to be recognized only when it is clearly serious and the conditions for invalidity are established. In particular, the citation rate for claimants at the Appeals Review Committee is relatively low, so when proceeding with an appeal against a disciplinary action, it is necessary to thoroughly prepare from the time the disciplinary action is taken to find sufficient grounds for cancellation or reduction of disciplinary action and request an appeal review. Attorney Kim Geun-soo of Daeryun Law Firm (Liuhan) advised, “In order to avoid being dismissed for not being able to sufficiently prove the unfairness of the disciplinary action when conducting a civil service appeal review due to an unfair disciplinary action, you should seek the help of an administrative lawyer as professional legal assistance, such as collecting evidence and arguing effective legal principles, is essential.” He added, "There is no need to give up just because the Appeal Review Committee did not provide relief because the review standards of the Appeals Review Committee and the court's standards are different. Even if the appeal was dismissed, one way is to obtain a favorable ruling from the court through an administrative lawsuit." View full article - If a disciplinary action against a public official is unfair, it can be canceled or changed through an appeal review.

[Media Fine Current Affairs Column] School violence refers to all acts involving physical, mental, or property damage, such as assault, threats, or sexual violence, that occur against students inside or outside of school. It is easy to take this lightly as something that happens between school children, but it is a serious incident of violence and must be held accountable. If the perpetrator of such a school violence incident is serious or does not show an active attitude toward reaching an agreement with the victim or recovering from the damage, he or she may be subject to various measures, such as forced expulsion or forced transfer, through the procedures of the School Violence Response Review Committee (School Violence Committee). In the School Violence Deliberation Committee, deliberation members impose a certain level of punishment on the offending student for the wrongful actions committed by the offending student toward the victim. At this time, the disposition received from the School Violence Review Committee cannot be deleted from the student records for two years, which greatly hinders the student from advancing to higher school, and follows him around like a tag even after graduation. However, if you are unfairly implicated as an aggressor, you must prepare for and respond to the School Violence Review Committee to avoid being unfairly punished by the School Violence Review Committee. The bigger problem is that if the case is serious or the victim suffers a great deal, it is highly likely that it will not only result in a school violence committee action, but also lead to civil or criminal lawsuits for school violence victims. In addition, in the case of school violence, the parties involved are minors, and it is difficult to determine the true nature of the incident through the statements of the students involved and those who witnessed it, so there are many cases in which they are unfairly framed as perpetrators or receive more severe punishment than the actual act. In the case of school violence, a clear line must be drawn regarding one's responsibility for the wrongfully accused perpetrator, but this is a problem that is difficult to resolve on an individual basis due to legal and procedural difficulties. Excessive or unfair dispositions must be supported by an accurate understanding of the facts and an objective legal analysis of the incident, so you must respond strategically through a professional lawyer. (Attorney Kang Eun-hye, Daeryun Law Firm) View full article - Perpetrator of school violence, record remains even after graduation... Are there any unfair charges? [Lawyer Eunhye Kang’s column]

As the real estate market has recently become tight, problems with non-payment of construction fees are occurring frequently in the domestic construction industry. Disputes arise in various situations, such as when payment is not made properly at the agreed upon time or when additional amounts are incurred as the work period is longer than originally expected. If the construction price is not paid properly, the supply of materials is delayed, the work schedule is naturally delayed, the dispute cannot be resolved, and the building remains unfinished, making the economic situation even more difficult. In these cases, the problem must be resolved legally through a construction payment claim lawsuit. A construction payment claim lawsuit literally refers to a legal procedure to demand payment when the other party does not pay the promised amount even though the construction is carried out as contracted and completed. For this lawsuit, you must prepare documents that can prove your debt relationship with the other party for the construction cost, including the contract, and the statute of limitations is relatively short at 3 years, so you must respond quickly to recover your legitimate rights. In addition, if the construction payment has not been received, it is possible to exercise the lien to occupy the construction site until the claim is repaid. However, there must be no special clause excluding the lien at the time of contract and conditions for establishment, such as maintaining possession of the site, must be met. Evidence is important because construction payment claim lawsuits arise when the parties' positions or claims differ regarding the rights or obligations under the contract, and the key is to prove clear violations of the subcontracting law, such as a construction contract written with an inflated amount. If construction was carried out according to a fair and legal contract, it is natural to receive proper payment for the construction. If you are considering legal action in relation to construction costs, you will need proof materials, lien rights, and preservation measures to prepare for compulsory execution. Help: Seongmin Shin, attorney at Daeryun Law Firm (Limited) View full article - [Story of a useful lawyer] Construction payment claim lawsuit, response strategy should vary depending on whether subcontracting law is violated

[Global Epic Reporter Hwang Seong-su] Recently, voice phishing cases have been on the rise again. Rather than targeting older parents or seniors in the past, the method is to lure young people who are experiencing financial difficulties under the pretext of high profits and make them participate in crimes through voice phishing delivery methods. There are many cases where, without knowing that the entity giving them the work was a criminal organization, they did as they were told, thinking they could receive a large amount of compensation for simple tasks such as delivering company transaction payments or collecting loans, but were punished through voice phishing delivery and collection methods. Even if you were not aware of the crime or had no intention, if you are involved in a voice phishing crime and you fail to properly defend yourself against the investigative agency, you may be subject to criminal punishment for aiding and abetting fraud, regardless of your intention or intention. In fact, voice phishing crimes can be considered aiding and abetting fraud simply by sympathizing with or assisting in the crime. It varies depending on the degree of participation in the crime, but if a person is found guilty of fraud, he or she may be punished by imprisonment for up to 10 years or by a fine of up to 20 million won. If the charge of aiding or abetting fraud is applied, he or she can be punished by imprisonment of up to 5 years or by a fine of up to 10 million won. Voice phishing like this is a vicious crime that can have a negative impact on the people's economy and create an unspecified number of victims by deliberately trying to steal other people's property, so the punishment for the perpetrator is becoming increasingly severe. If you are a victim of voice phishing, you must first quickly file a report through the National Police Agency's 112 call center or a financial company call center and request a suspension of payment for the fraudulent account. Additionally, if you are wrongfully involved in an act without knowing that it is a criminal organization, you must prove your innocence through the legal assistance of a criminal lawyer with extensive experience in voice phishing cases. Lee Gyeong-min, a lawyer at Daeryun Law Firm (Yuhan), advised, “In the case of voice phishing, it is necessary for neither the victims nor the wronged participants to be deceived by the bait thrown by the phishing organization in the first place.” He added, “If you do not know that it is voice phishing but recognize that it may be a crime, you can be found guilty, so you must secure data that can objectively prove your innocence and seek the help of a professional lawyer to ensure a smooth adjustment.” View full article - Voice phishing delivery methods are also subject to punishment for aiding and abetting fraud... Be careful about bank account rentals, employment fraud, etc.

[Big Data News Reporter Park Kyung-ho] Recently, various deviant acts such as drunk driving, sexual harassment, and bribery by public officials who should be social exemplars have been caught in many places and have become a problem. In fact, according to data from the Ministry of Public Administration and Security, the number of local public officials who received disciplinary action in 2021 reached 1,380. Civil servants are jobs that require high integrity and moral standards, and the National Civil Service Act stipulates civil servants' duty of sincerity, duty of secrecy, duty of integrity, and duty to maintain dignity. If these are violated, they will be subject to disciplinary action by the disciplinary committee for violation of the law. Punishment is determined according to the degree of illegality of the deviant act, but if a person receives severe disciplinary action such as dismissal or dismissal, he or she must resign from his/her position. Disciplinary measures that can be applied to public officials and teachers include dismissal, dismissal, and demotion. Dismissal and dismissal are classified as severe disciplinary action and exclusionary disciplinary action, demotion and suspension are classified as severe disciplinary action, and pay cuts and reprimands are considered light disciplinary action. Additionally, if you are sentenced to prison for a dishonorable case, you may not be able to receive a civil servant pension. In particular, due to the nature of the public service society, strict disciplinary responsibility is imposed for sexual misconduct such as so-called ‘gapjil’ misconduct, sexual harassment, and sexual harassment. The same goes for drunk driving and violent crimes. If the disciplinary committee's decision is unfair or excessive, a request for cancellation or change of the disciplinary action must be made through an appeal review. Appeal review refers to a special administrative review system for disciplinary actions against public officials and other unfavorable actions against their will. A public official may request review from the Appeals Review Committee within 30 days from the date of receiving a written explanation of the reasons for the disposition that explains what disciplinary action he or she will be subject to. At this time, the purpose and reason for the appeal must be stated in detail in the claim form, and the supporting materials required for minimum and change in disciplinary action must be summarized and submitted together. Attorney Jeon Hee-won of Daeryun Law Firm (Limited) advised, “It is important to proceed quickly with the appeal process based on legal grounds when it comes to reviewing civil servant disciplinary appeals. In order to lower the level of disciplinary action, a lawyer’s assistance is needed throughout the entire process from the time of inspection and inspection to the disciplinary committee proceedings.” View full article - In response to unfair disciplinary action, such as drunk driving, for public official misconduct, the appeal review process must be used.