Press Coverage

A woman in her 50s who withdrew money from an account to pay for the hospital expenses of her father in his 90s, who was hospitalized in an unconscious state, was put on trial, but was found not guilty. The Nonsan branch of Daejeon District Court found Mr. A, who was indicted on charges of forging private documents, not guilty last January. Mr. A filled out two withdrawal slips in the name of his father, who was hospitalized in Nonsan, in May of last year and stamped them. He was accused of withdrawing 12.15 million won. The prosecution charged Mr. A with forgery of private documents, saying he had used the name of his unconscious father to prepare documents and withdraw deposits. Mr. A completely denied the charges. At the time, his father was unconscious and his mother had been managing his financial affairs, but he only visited a financial institution at his mother's request to raise money for hospital expenses. At the same time, Mr. A had withdrawn all the money at the time. He claimed that it was transferred to his mother's account and used for actual medical expenses. The court accepted Mr. A's claim and declared him not guilty. First, the court said, "In light of the fact that the cashier judged that there was no problem with the defendant and his mother accompanying him to a financial institution and withdrawing funds from the deceased's account, it is reasonable to assume that the employee was aware of the fact that the mother usually managed the father's account." It also said, "The defendant had the intention of forging private documents." It cannot be seen, and even if intent is recognized, it can be acknowledged that there was the deceased's presumptive consent to the act of preparing the withdrawal slip." Attorney Byeon Gwan-hoon of Daeryun Law Firm, who represented Mr. A, said, "Forgery of a private document means a case where a person who does not have the authority to write a document prepares a document by stealing another person's name. If there was the explicit or implied consent of the owner, or if it is presumed that the owner would have naturally approved it if he or she had known in light of all circumstances, it is considered forgery. “It is difficult to see,” he explained. In addition, Attorney Byun added, “We explained in detail the circumstances in which it is difficult to conclude that it was forgery by explaining the family’s property management practices, actual use of funds, and the process of document creation with objective data,” and added, “This is a ruling that the court acknowledged that criminal intent cannot be inferred from formal acts alone.”[View full article] Daughter in her 50s who withdrew money from her unconscious father's account... Not guilty of 'forgery of private documents' (Click here)

The court ruled that the decision to transfer schools even though the victim expressed that he did not want the perpetrator punished was an abuse of discretion and was illegal. According to the legal community on the 5th, the Daegu District Court ruled in favor of the plaintiff in a lawsuit filed by teenager A against the superintendent of the Gyeongsangbuk-do Gimcheon Office of Education in December last year to cancel the school violence disciplinary action. In 2024, A was accused of making sexually humiliating remarks to a student in his class and pinching his body. He was referred to the School Violence Measures Review Committee for his actions. The committee that reviewed the case ordered A to complete five hours of special education and transferred schools. A protested, saying that this disciplinary action was overly harsh. He was a close friend of the victim, and it was said that the incident occurred during a playful conversation between peers and there was no intention to harass him. He also filed a lawsuit asking the court to cancel the transfer, saying he had asked for forgiveness from the victim. The Office of Education immediately refuted the decision. This is because the level of A's words and actions is too high to be dismissed as a simple joke. They also argued that a school transfer was inevitable because the situation required complete separation between the victim and A. The court ruled in A's favor. The court said, "The review committee determined that there was no degree of reflection or reconciliation by the plaintiff, but considering that the victim student signed an agreement, the committee's judgment appears to be inappropriate. The plaintiff has never engaged in sexually problematic behavior other than this incident, and considering his usual relationship with the victim student, it is difficult to conclude that there is no possibility of leading the plaintiff." He added, "Even if a lighter measure than a transfer is taken, it appears that education and guidance for the plaintiff can be achieved." The disposition was canceled. Lawyer Noh Gyeong-guk of Daeryun Law Firm, who represented A, explained, "According to the School Violence Prevention Act, measures against the offending student are decided based on a comprehensive judgment of the offending student's degree of remorse and the possibility of leading the way. We were able to receive a good result by emphasizing that a complete reconciliation with the victim student was achieved and that A had a good possibility of leading the way." Reporter Kwon Byeong-seok (bsk730@fnnews.com)[View full article] Teenager forced to transfer school after harassing friend...law “excessive action” (Shortcut)

A motorcyclist who was sent to trial after colliding with a pedestrian who was jaywalking on a road near an intersection was acquitted. According to the legal community on the 11th, Judge Dong-Hwan Choi of the 6th Criminal Division of the Goyang Branch of the Uijeongbu District Court recently found Mr. A, in his 40s, not guilty on charges of violating the Special Act on Traffic Accidents (injury). Previously, Mr. A was a pedestrian crossing the road while driving a motorcycle on a one-way, two-lane road in Paju City in 2024. He was handed over to trial on charges of hitting Mr. B. At that time, Mr. B, a pedestrian who was hit by Mr. A's motorcycle, suffered serious injuries and was taken to the hospital. The prosecution filed an indictment on the grounds that 'Mr. A caused the accident by neglecting his duty to look ahead.' During the trial, Mr. A denied the charge, saying, 'At the time of the accident, it was around sunset with rain, and it was impossible to recognize Mr. B, who was jaywalking, due to the headlights of the opposite vehicle making it difficult to secure visibility.' The court accepted Mr. A's claim. The court said, “Considering that there was no crosswalk near the accident site, a number of vehicles were crossing at high speeds, and that it was around sunset when it was raining and the vehicles were driving with their headlights on, it would have been difficult for the defendant to predict that there would be someone jaywalking.” He continued, “The defendant was driving normally along two lanes, the victim was wearing a black umbrella, and the headlights obscured some of the visibility.” “In light of the possibility of obstruction, it appears that even if the defendant had fulfilled his duty to look ahead, it would have been difficult to foresee the unexpected entry of a pedestrian or avoid a collision,” the ruling said. Attorney Choi Seong-ho of Daeryun Law Firm, who represented Mr. A, said, “This ruling makes it clear that a driver cannot be held criminally liable based solely on the outcome of a traffic accident,” adding, “Especially in the case of an accident involving jaywalking, there is no specific proof of foreseeability and avoidance.” “This is an example that reaffirms that this must be done first.” Reporter Shin Jin-wook jwshin@kyeonggi.com Reporter Bin Lee-kyung beekyy@kyeonggi.com[View full article] Motorcyclist in his 40s found not guilty for hitting and seriously injuring a jaywalking pedestrian (link)

A driver who injured a child riding a bicycle while driving a vehicle in a children's protection zone was acquitted of charges. According to the legal community on the 4th, the Daegu District Prosecutors' Office decided not to indict Mr. A, a man in his 50s, who was sent in January on charges of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Child Protection Zone Deficiency). Mr. A was driving a car in a children's protection zone in Suseong-gu, Daegu in August last year. He was accused of colliding with and injuring Person B, who was passing through an intersection on a bicycle. Group B claimed that Mr. A caused the accident by neglecting his duty to drive safely in a child protection zone. Mr. A completely denied the charges. He protested, saying, “At the time, I was traveling at a speed of 15 km/h, which is well below the speed limit of 30 km/h in the child protection zone,” and “There was no driver negligence because the bicycle rushed at 40 km/h and hit me.” The prosecution accepted Mr. A’s argument. Although it is acknowledged that a traffic accident occurred in a children's protection zone and caused injuries, it is difficult to say that there was negligence, such as a violation of the duty of care on the job, as the suspect fulfilled his duty of safe driving by following the speed limit and driving slowly. The prosecution explained the reason for non-indictment by saying, "Even if the driver recognized the danger from the moment the victim came into the driver's field of vision and braked hard, it was analyzed that it was physically impossible to avoid this accident." Attorney Hong Seung-pyo of Daeryun Law Firm, who represented Mr. A, said “For the so-called ‘Minsik Law (Article 5-13 of the Special Price Law)’ to be established, there must be not only a violation of the driver’s duty of care, but also the possibility of foreseeing and avoiding an accident,” he said. “We were able to achieve a good result by proving that it was a force majeure situation in which the victim jumped out of the blind spot at high speed and could not avoid the accident.” #Accident #Children’s protection zone #Not guilty #Bicycle Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] The driver who collided with a child riding a bicycle in a children's protection zone was not indicted... why? (Shortcut)

Cooperation with SJKP, one-stop service from administrative procedures to litigation. With large-scale customs duty refund litigation becoming visible following the U.S. Supreme Court's recent ruling that reciprocal tariffs are illegal, Daeryun Law Firm announced on the 3rd that it has launched the ‘Korea-US Joint Task Force on Tariff Refunds’ to support preemptive rights relief for domestic export companies. Currently, in the United States, movements surrounding judicial relief are in full swing, centered on large importers such as Costco and FedEx. In fact, it is known that there are about 1,800 direct lawsuits (Court Filing) cases filed with the U.S. Court of International Trade (CIT). As the lukewarm attitude and time-consuming administrative procedures of the U.S. Customs Service (CBP) cannot be trusted, the intention is to boldly skip them and obtain a clear refund order from the court. Domestic companies exporting to the United States are also paying close attention to preemptive legal action. In particular, about 6,000 Korean companies that exported under the ‘Delivery on Duty Paid (DDP)’ method, in which all taxes, including customs duties, are directly borne by the exporter, can request refunds directly from the US customs authorities, increasing the need for professional legal support for them. Accordingly, through this TF, Daeryun will solve the practical difficulties faced by DDP exporting companies and present a one-stop solution to ensure that tariffs that have lost their legal basis due to unconstitutional rulings can be quickly returned. This is our policy. First, we will immediately implement the optimal administrative relief roadmap for each company in line with the US Customs Service's 'Liquidation' schedule, which is a key watershed in the refund process. This is because settlement of the 10% universal tariff has already begun in the middle of last month, and settlement of the 15% reciprocal tariff is scheduled for June, so an agile response is essential. Accordingly, the TF plans to closely analyze each company's import customs clearance date and quickly carry out customized refund procedures required by period, from PSC before settlement to protest after settlement. It will also thoroughly block unexpected regulatory risks that arise during the refund process. In accordance with the recently mandated Electronic Customs Refund (ACH) regulations, we plan to provide a practical bypass so that domestic companies without US accounts can safely transfer refunds through the process of designating a third party agent. In particular, Daeryun plans to provide a ‘global one-stop’ service with SJKP, a local partner law firm in the US. Currently, SJKP is carrying out various cases related to customs duty refunds. Based on cooperation with SJKP, Daeryun eliminates duplicate fees by carrying out cases directly without an intermediary law firm, and provides close support for integrated legal services from pre-administrative procedures to CIT litigation at a reasonable cost. The TF is headed by attorney Kyung-won Yoon, a former chief prosecutor. In addition, attorney Shin Jong-soo, head of the Corporate Advisory Center of the Corporate Legal Group, and customs experts Myung Jae-ho and Kim Dae-ryun joined to enhance expertise. U.S. attorneys Daeryun Son Dong-hoo and Won Jeong-yeon and SJKP U.S. attorneys Tal Hirschbuck, Bryce Robbins, and James Manny will also participate in the task force, reviewing strategies necessary for direct litigation in the International Trade Court and closely analyzing regulatory risks. Daeryun Kim Kuk-il, CEO of Management, said, “There are many domestic DDP export companies that are unable to fully exercise their legitimate refund rights due to the complex administrative procedures and physical restrictions of the U.S. customs authorities.” “We will do our best to provide solutions so that our companies can regain their legal rights without unnecessary costs or wasting time.” Reporter Park Jun-sik parkjs@wowtv.co.kr[View full article] Korea Economic Daily - Daeryun Law Firm launches joint task force between Korea and the United States on U.S. tariff refunds... All-round support for export companies (click here) Financial News - Daeryun Law Firm launches joint task force between Korea and the United States on U.S. tariff refunds... All-round support for export companies (click here) Tax Ilbo - Daeryun Law Firm launches ‘Korea-US Joint Task Force on U.S. Tariff Refunds’ (Click here) Seoul Shinmun - Daeryun Law Firm launches a joint task force between Korea and the United States on U.S. tariff refunds... Support for rights relief for export companies (link) Sejeong Ilbo - Daeryun Law Firm launches joint task force between Korea and the United States on U.S. tariff refunds... All-round support for export companies (click here) Era of Donghaeng Media - Daeryun Law Firm launches joint task force between Korea and the United States on U.S. tariff refunds... Support for export companies (link) Kukje News - Daeryun Law Firm launches a joint task force between Korea and the United States on U.S. tariff refunds... Support for export companies (link) Tax and Finance News - Daeryun launches Korea-U.S. joint TF to ‘support DDP export companies with U.S. tariff refunds’ (link)

A doctor who caused the death of a patient during a skin care procedure using sedative anesthesia has been handed over to the prosecution. On the 11th, the Gyeonggi Southern Police Agency transferred Mr. A, the head of a beauty clinic, who was booked on charges of violation of medical law and professional negligence causing death, to the Suwon District Prosecutors' Office. Mr. A is suspected of causing the death of B, a man in his 30s, while performing a sedative anesthesia skin care procedure using propofol in January last year. At that time, Mr. B suffered cardiac arrest during the procedure and was rushed to a nearby hospital, but eventually died without regaining consciousness. In addition, Mr. A was also accused of entering false information in the medical record to reduce the actual administered dose of propofol. The bereaved family claimed that Mr. A unreasonably administered unnecessary sedative anesthesia for the procedure, administered excessive amounts of propofol, and neglected his duty to monitor the patient. In addition, it was emphasized that appropriate emergency measures, such as securing an airway, were not properly implemented in an emergency situation where oxygen saturation was low and cyanosis occurred. The police determined that Mr. A's charges were acceptable. The police explained, "Based on the statements of those involved, CCTV data of people entering the procedure room, and propofol dosage data, it is determined that the victim suffered an emergency situation such as cyanosis after Mr. A administered the drug during the procedure." At the same time, it was confirmed that the medical record was falsely recorded. Attorney Jang Se-chang of Daeryun Law Firm, who acted as legal representative for Mr. B, said, "It was a serious crime of very poor quality to cause the patient's death by failing to fulfill the basic duty of care during the sedative anesthesia process, which is directly related to life, and to try to conceal responsibility by lying about the medical record." “We will do our best to ensure that punishment is imposed,” he explained. Reporter Hwang Jeong-won (garden@sidae.com)[View full article] Death in 30s while undergoing skin care treatment... “Doctor manipulated records of propofol administration” (Shortcut)

A woman in her 50s who was accused of sneaking into the house to take evidence during a divorce lawsuit was cleared of charges. The Daegu District Prosecutors' Office decided not to indict A, a woman in her 50s who was sent on charges of trespassing in January, 2025. She left home after filing for divorce from her husband in March. Afterwards, Mr. A entered the front door code to collect the rest of his luggage, but in the process, he and his daughter, Mr. B, got into a physical fight. Accordingly, the husband and Mr. B filed a complaint, claiming that Mr. A broke into the residence without permission to secretly steal information beneficial to the lawsuit. Mr. A denied the charge. Person A refuted that she had to go because Ms. B and her husband told her to come directly to her and take her luggage, emphasizing that “I went into the study to pick up an album and did not even have divorce-related documents in mind.” The prosecution accepted the claim of suspect A. It is difficult to say that there are special circumstances under which the suspect has lost his right to housing. The prosecution said, “The residence in question was jointly owned by the suspect and the victim, and the separation period was only about two weeks,” and “Considering that the suspect entered without any physical force because the front door password was not changed during the process of going to and from the house, there is insufficient evidence to acknowledge the loss of residential rights.” Attorney Kwon Min-kyung of Daeryun Law Firm, who defended Mr. He said, “Even if the victim had an emotional aversion to the suspect, this is nothing more than the victim’s subjective circumstances.” He added, “When we comprehensively considered the client’s objective behavior, such as the circumstances, purpose, and method of entering, we were able to defend ourselves by actively explaining that it could not be considered an intrusion that actually harmed the tranquility of the residence.” Reporter Jeong-heon Son, Lawleader, twson@lawleader.co.kr “They invaded my home” when I went to pack my bags during divorce proceedings... Woman in her 50s not indicted (Click here)

The parent of a child who made a toilet mistake during an academy class because he was not allowed to use the restroom on time complained to the instructor and was sued, but the decision was not made. According to the legal community on the 27th, the Daejeon Dunsan Police Station decided not to send the case to A, a woman in her 40s who was accused of insults, threats, and attempted coercion in January. While taking a class at an academy in Daejeon in July of last year, Ms. A's child asked the instructor to use the bathroom. Permission was not granted. As a result, the child ended up making a toilet mistake in the classroom, and the problem arose after Mr. A complained to the instructor. At the time, Mr. A made remarks to the effect of 'I will take legal action', 'I will upload it to the community', and 'Write an apology', but the instructor filed a complaint, saying he felt scared and insulted. Mr. A denied the charge. Although there may have been emotionally charged expressions at the time, He protested that there was no intention to insult or threaten the other party. He also emphasized that legal action and comments on community posts were also intended to raise issues. The police ruled that not all charges were acknowledged. First, in the case of insults, it was difficult to conclude that the remarks in question were derogatory expressions that would damage the reputation of others, and that there was a lack of objective evidence to support them other than the complainant's claim. The charge of threats was also judged not to have been intended to cause direct harm to the complainant. The police determined that the academy that was present at the time of the conversation The director also explained that he took into account the statement that he felt it was dissatisfaction with the academy's response rather than the individual instructor. Regarding the charge of attempted coercion, it was acknowledged that Mr. A had requested to write an apology, but no coercion or threat of disadvantage was confirmed. Attorney Man-jung Kim of Daeryun Law Firm, who represented Mr. A, said, "It cannot be immediately concluded that it is an insult, threat, or attempted coercion just because the expression was strong during the protest. The context and content of the statement, He explained, “There is a need to look specifically at the specificity of the harm and whether it is coercive.” He then pointed out, “This decision is an example of once again clarifying the standards for distinguishing between emotional protests and acts subject to punishment under criminal law.”[View full article] Child made a toilet mistake after being restrained by instructor... Parents who protested 'not guilty' (link)

Beyond compliance with permits 'Medical Justice Risk' Towards the Age of Management Law Firm(finite) Attorney Daeryun Lee Seo-hyung Basic Act on Development of Artificial Intelligence and Creation of Trust Foundation, etc.(below AI basic law)Since its implementation, the pharmaceutical, bio, and digital healthcare industries have been freed from regulatory uncertainty to some extent.. High impact directly related to life and health as the government considers promoting the healthcare industry and promoting innovation AIThis is because the scope of application is interpreted flexibly and regulations are relatively limited for diagnostic assistance solutions that require the intervention of medical professionals such as doctors or pharmacists.. This policy approach is a reasonable measure to maintain the momentum of digital healthcare technology development.. In particular, through the Digital Medical Products Act, which was implemented in earnest, software medical devices(SaMD) The administrative regulatory system in the healthcare field is also firmly established, with a customized Ministry of Food and Drug Safety approval track in operation.. However, stabilization of this regulatory environment does not mean resolution of legal risks.. rather medical AIIt is highly likely that the judicial responsibility of will be put to the test in earnest from now on.. ◆ The legal gap between formal intervention and actual control in clinical settings Some digital healthcare companies are AI High impact by requiring approval from medical staff or pharmacists at the final stage of the solution AI You may want to cross the regulatory threshold. However, if a medical dispute arises and becomes the subject of a court decision,, The focus is 'Presence of medical intervention'Rather, the intervention is directly related to the patient's life. 'Practical clinical control capabilities'It depends on whether you performed. For example, early diagnosis of cancer AILet's assume that a malignant tumor is misdiagnosed due to failure to sufficiently learn data from female patients of a certain age, or that the anticancer drug dosage recommendation algorithm underestimates liver function values, resulting in serious side effects.. In this case, the court simply 'Did the medical staff press the final approval button?' do not check whether. corresponding AIHas clinical evidence and explanatory potential been provided at a level that medical staff can reasonably review?, We will comprehensively determine whether a control system to cross-verify algorithmic bias and errors exists within the company.. If the system is designed so that the approval process is carried out mechanically without substantive verification without considering the characteristics of busy clinical sites, the so-called human intervention can be reversed evaluated as a situation that shows a fatal flaw in the product safety management system, not as a logic of immunity for healthcare companies.. This can be expanded to governance risk, where the issue is whether management has established and supervised a reasonable internal control system.. If serious patient harm occurs, We cannot rule out the possibility that this could lead to shareholder lawsuits or violations of the board of directors’ supervisory duties.. ◆ Global Big Pharma Partnership and Overseas B2B A new standard in the market 2026Year now, EU AI Act(artificial intelligence law)With the full-scale application of AI Demanding governance. Global multinational pharmaceutical company(Big Pharma)I large medical institutions K-When discussing new drug material technology export or joint clinical contracts with healthcare companies, We do not simply ask whether the guidelines of the Korean Ministry of Food and Drug Safety are followed.. Legality of sensitive patient medical data used for training, Transparency of prediction algorithm, There is a trend to request specific data to prove the company-wide bioethics control system.. The only reason domestic regulations can be avoided is through strict overseas partners or regulatory agencies.(FDA, EMA etc.)It is not a sufficient explanation for. rather internal medical AI When the governance system is insufficient, Exclusion from the global healthcare supply chain as well as highly contractual representations and warranties(Representations & Warranties) May lead to acceptance of provisions. Now in the pharmaceutical and healthcare industries AI Governance is an absolute prerequisite for global market access. ◆ post AI Challenges for healthcare companies in the era of basic laws Pharmaceutical, bio and digital healthcare companies must abandon the defensive approach of avoiding regulations and shift to a strategy of securing sustainable competitiveness based on patient safety and trust.. Reactive response after a problem occurs is a cost, but establishing a control system at the design stage is close to a strategic investment that protects corporate value.. To this end, we propose the following tasks:. ① Systematization of demonstrable medical responsibility by medical staff or researchers at clinical sites AI Review the results and, Process modified or rejected when necessary based on medical judgment EMR(Electronic medical record)However, an audit log that is systematically recorded in the clinical research system must be established from the product planning stage.. This will be a key defense tool to prove that companies and management have fulfilled their duty of reasonable care in future medical disputes or shareholder lawsuits due to clinical failures.. ② medical treatment AI Reorganize the contract structure for the entire value chain. Use external foundation models or use external foundation models in hospitals and pharmacies to develop new drugs and digital treatment devices. AI When delivering a solution, risks must be made clear.. technical glitch, misdiagnosis, How will responsibility for sensitive medical data leaks be distributed?, A sophisticated risk allocation contract structure between the solution provider and the introducing institution, such as a hospital, is essential.. ③ Patient safety comes first Compliance by Design Establishing a system In a healthcare company that deals with life AI Risk is specific IT It is not just a development department issue, but a company-wide governance issue that will determine the survival of the company.. Department of Medicine from the beginning of pipeline planning and solution development(Medical Affairs), License(RA), legal, A governance structure that establishes a control system in which the information security department participates and manages it as a key agenda at the board level is required.. ◆ Beyond the illusion of legality, the government's flexible interpretation of regulations with a premium on patient trust has provided healthcare companies with a golden time for technological innovation., It does not relieve the strict obligation to manage risks directly related to the patient's life.. 2026year AI basic law era, K-The true competitiveness of bio and digital healthcare does not come from narrowly crossing the boundaries of licensing and regulation.. Transparent and verifiable healthcare AI Only companies that proactively establish governance can be evaluated by global partners and patients as a partner they can trust with their life and health.. solid AI Governance is not a sunk cost, but the best strategic capital allocation that protects the intrinsic value of the company and patient safety.. AI The challenges facing the healthcare ecosystem after the implementation of the Basic Act are clear.. Legal is only the minimum standard. Patient trust is not gained through licensing, but rather through what controls and records a company has in moments of conflict., It is proven that a responsibility structure was in place.. |contribution| law firm(finite) Attorney Daeryun Lee Seo-hyung [View full article] [Contribution] Strategic inflection point for healthcare companies after the implementation of the AI ​​Framework Act (Go here)

As the high interest rate trend and rising raw material prices coincide, concerns in the construction industry are deepening, and subcontract disputes arising from failure to receive construction payments on time have been found to be increasing. According to the Korea Fair Trade Mediation Board, a total of 660 applications for dispute mediation in the construction subcontract field were received in 2024, an increase of approximately 34% compared to 492 cases two years ago. This figure accounts for 60% of all subcontract dispute cases, clearly revealing the reality that construction companies and subcontractors are taking a direct hit as the funding crunch caused by the construction economic downturn deepens. At construction sites, construction costs are directly related to the issue of survival. In the case of small and medium-sized construction companies or subcontractors with relatively limited financial resources, there is a high risk that even a slight delay in payment recovery will lead to serial bankruptcies as they will not be able to cover material and labor costs. At this time, the most powerful legal tool that a construction company can take to protect its rights is the right of lien. The right of lien refers to the right of a person who possesses another person's goods or securities to retain (occupy) the goods until the claim accrued for the goods is repaid. Simply put, it is the right to hold out and not hand over the building until the overdue construction costs are paid. Since it is virtually difficult to dispose of a building with a lien or obtain a mortgage loan, it becomes a powerful weapon to psychologically and economically pressure the building owner. However, a lien does not arise simply because money has not been received. In order for a legally valid lien to be established, several requirements must be met. The first thing to consider is consistency (relevance). This means that there must be a direct relationship between the bond for which the lien is being exercised and the building in question. In other words, the money not received must be the cost of new construction or renovation of the building. You cannot occupy the construction site just because you have other debts owed to the building owner. In addition, an important issue is 'the timing of commencement of occupation.' If the construction company began occupying the building after the court's auction start decision was registered due to the owner's debt, the lien cannot be filed against the successful bidder even if the construction payment was not received. In other words, the difference between winning and losing is whether possession is legally secured and a lien is obtained before the seizure takes effect. In addition, it is necessary to carefully consider whether there was any illegality in the occupation process (trespassing, etc.) and whether construction payment claims were due for payment. Therefore, in the event of a dispute, priority should be given to reviewing whether legal requirements are met rather than attempting to retake the site by force by recklessly occupying the site. It is wise to clarify the fact that the payment due date has arrived through proof of contents, etc., and prepare a safety device for collecting the debt by filing a lawsuit to confirm the existence of a lien along with provisional seizure measures. In some cases, when a building owner counterattacks against a lien with a claim for extinguishment, he or she must find a way to protect the construction cost claim. Attorney Kim Gwang-deok of the Daeryun Law Firm said, “The lien dispute turns into a high-level legal battle from the moment it goes to auction. If possession begins even a day later than the date of registration of the auction start decision, the lien may be broken, and fierce battles will arise over the legality of possession and the statute of limitations on secured claims, etc.” “There are clear limits to the ability of ordinary people to respond alone in complex rights relations, so precious construction funds can be protected only when the exact point of possession is proven and responded through legal procedures with the assistance of experts such as lawyers from the beginning of the dispute.” news@beyondpost.co.kr[View full article] As disputes over non-payment of construction costs increase, how can I protect my rights by exercising my ‘lien’? (Shortcut)