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Current Affairs Magazine
2022-10-12
법무법인 대륜 박동일변호사, 형사 · 민사전문변호사 전문자격 등록
Attorney Park Dong-il of Daeryun Law Firm registered as a criminal and civil lawyer.
Park Dong-il, a criminal lawyer from Daeryun Law Firm, recently registered an additional specialty in civil law with the Korean Bar Association. Attorney Park said, “Through my diverse practical experience, I was able to register professional qualifications in the criminal field, such as sexual crimes and fraud, as well as professional qualifications in the civil field, such as damages, loans, and real estate. Based on my various litigation experience and expertise, I will continue to strive to strengthen my capabilities so that I can become the sword and shield that leads my clients to victory.” Meanwhile, Daeryun Law Firm is steadily recruiting former prosecutors and specialized lawyers in each field. Experts suited to each case formed a task force team to establish a defense strategy tailored to the client's situation, leading to more than 8,000 successful cases in various cases. Including the recently opened Bucheon office, we operate direct offices in major regions across the country, including Seoul, Busan, Daegu, and Incheon, and the Seongnam office is scheduled to open in the following month. By improving the convenience of visiting clients, we provide customized legal services for a variety of matters including criminal, civil, and administrative matters. View article text - https://www.sisamagazine.co.kr/news/articleView.html?idxno=468141
Beyond Post
2022-09-29
해마다 증가하는 노인학대문제, 무거운 형사처벌 대상이므로 주의 필요해
The problem of elder abuse is increasing every year, so we need to be careful because it is subject to heavy criminal punishment.
Recently, the number of reports of elder abuse seems to be increasing every year. In fact, according to the National Police Agency, the number of 112 reports of elder abuse in the first half of this year was calculated to be 5,958. This figure is already half of last year's 11,918 cases. As we approach a super-aging society, the elderly population is increasing day by day, but elder abuse is not decreasing and is emerging as a serious problem. Accordingly, in Korea, specialized institutions for the protection of the elderly are being operated throughout the country, including in Seoul, Incheon, Suwon, and Ulsan, and there are also regions that have established separate shelters exclusively for the elderly who have suffered abuse. Most problems of elder abuse such as this occur within homes or welfare facilities. It is the government's responsibility to care for and protect the elderly, who are socially vulnerable, but because it is primarily the responsibility of children at home and workers at welfare facilities, abuse problems often occur when this is not properly carried out. Elder abuse refers to physical, mental, emotional, sexual violence, economic exploitation or harsh treatment, or abandonment or neglect of the elderly. This is stipulated in Article 1-2 of the Elderly Welfare Act, and those who commit abuse are punished. In any case, detaining or abusing another person's body without reasonable cause should be punished, but it is rare for elder abuse within the home to lead to punishment due to the special nature of it being between family members. Criminal charges entail punishment, but parents withdraw the charges because they do not want their children to be punished. In some cases, punishment may not be possible if there is an agreement. However, the case is different when it comes to elder abuse by workers at welfare facilities. If an employee of a facility such as a senior welfare facility violates a prohibited act under the Senior Welfare Act, he/she is subject to aggravated punishment, and if a corporation neglects its duty of careful supervision to prevent violations, dual punishment provisions can be applied. Acts of using money or valuables donated or paid for the elderly for purposes other than the intended purpose are punishable by imprisonment for up to 3 years or a fine of up to 30 million won, and other illegal acts are punishable by imprisonment of up to 5 years or a fine not exceeding 50 million won. Since the acts subject to punishment for elder abuse are clearly defined, and the acts subject to employment restriction orders are limited, if you are unfairly at risk of punishment for an incident related to elder abuse, it is important to seek legal assistance from a criminal lawyer and clearly demonstrate that your actions do not constitute elder abuse. Help: Daeryun Law Firm Geun-soo Kim View full text of lawyer's article - http://beyondpost.co.kr/view.php?ud=202209291245212296cf2d78c68_30
newspim
2022-09-28
대통령 직속 국민통합위, 두 번째 특위로 장애인 이동편의 증진 특위 출범
The National Integration Committee under the direct authority of the President launches the second special committee on improving mobility for the disabled.
On the 26th, the National Integration Committee under the direct control of the President launched the second special committee, the Special Committee on the Promotion of Convenience of Mobility for the Disabled, at the Myeong Center in Yeouido. The special committee said in a press release that day, "In order to realize a society without discrimination through integrated support tailored to the disabled, we are promoting the strengthening of mobility rights for the disabled, such as mandatory replacement of low-floor buses when replacing or scrapping city buses," and added, "Although guaranteeing the convenience of transportation is an essential element for community independence, many people with disabilities still experience inconvenience in using transportation." In response to this need, the National Integration Committee launched its second special committee, the 'Special Committee for the Promotion of Mobility for the Disabled', on this day. The Special Committee for the Promotion of Mobility for the Disabled consists of a total of 10 people, with Visit Seok, a member of the Social and Cultural Subcommittee, as the special committee chair, and is composed of experts and social activists from various fields with expertise and field experience in the field of transportation for the disabled, as well as major organizations that can represent the opinions of the disabled. The members are Maria Gong of Daegu University. Professor of Rehabilitation Psychology, Yang Young-hee, Vice President of the Korean Association for the Human Rights of Persons with Brain Lesions and Disabilities, Oh Ji-young, a social worker at the Seoul Cerebral Palsy Welfare Center, Lee Yeon-joo, Secretary General of the Korea Federation of the Blind, Lee Chan-woo, Policy Committee Chair of the Korea Spinal Cord Disabled Association, Choi Bo-yoon, lawyer at Daeryun Law Firm (Limited), Han Ji-ah, expert member of the Healthy Aging Consortium at WHO Headquarters, Hong Yoon-hee, Chairman of the Cooperative ‘Muui’, Hong Hyeon-geun, Korea Association for the Physically Disabled He was the Secretary-General. Afterwards, the special committee plans to re-examine problems and solutions from the perspective of policy demanders, rather than from a provider-centered perspective, and carefully examine mobility difficulties experienced depending on the type or degree of disability. In a press release, the special committee said, "We will seek solutions to create an environment for seamless movement, such as linking transportation networks within and between regions, alleviating the gap in transportation convenience between regions, and providing customized information." He added, "In addition to expanding physical infrastructure such as transportation and passenger facilities, this infrastructure will be “We will seek ways to spread a disability-friendly culture in our society so that it can be utilized,” he said. Lastly, he also announced that he would look for roles that the special committee can play, such as inter-ministerial linkages, to ensure that the government’s mid- to long-term plans related to improving mobility for the disabled are well implemented. See full text of article - https://www.newspim.com/news/view/20220926000294
Jeonmin Ilbo
2022-09-27
[칼럼] 보이스피싱 범죄, 현금수거책으로 연루 시 법률 자문 구해야
[Column] Voice phishing crime, legal advice should be sought if involved as a cash collection tactic
Recently, Mr. A, in his 50s, who was involved in a cash collection scheme without knowing that it was a voice phishing organization, was acquitted in the appeals court. He was sentenced to 1 year and 6 months in prison in the original trial, but was found not guilty by the appellate court ruling that it is difficult to say that he participated in the crime even though he knew it was a voice phishing organization. Recently, there has been a sharp increase in the number of cases in which he was sent to work thinking it was a high-paying part-time job or for a loan company, but then became involved in the role of a voice phishing cash collector. This is because, amidst the worsening economy, vicious voice phishing crimes targeting young people, newbies, housewives, etc. who are struggling financially are gaining ground. Under the criminal law, if you participate in a voice phishing crime and are charged with fraud, you can be sentenced to up to 10 years in prison or a fine of up to 20 million won. In particular, in the case of voice phishing crimes, not only simple participants but also attempted criminals can be punished. Therefore, if you are tricked and arrested while acting as a withdrawal or collection agent without knowing that it is a crime, you will be charged with aiding and abetting fraud or fraud. You may be charged with aiding and abetting fraud and subject to voice phishing punishment just by participating in a part of the overall incident, rather than being the leader of the crime. Therefore, if you are unfairly accused of fraud through voice phishing, you cannot just plead that you did it to earn pocket money, but you are simply being used by a voice phishing gang member to commit a crime. It must be emphasized that the work was done without any awareness that it was illegal. However, even if you did not know exactly that what you were doing was a voice phishing crime, you can be guilty of aiding and abetting fraud if only intentional negligence is acknowledged, so you must be careful in your defense in that regard. Voice phishing, a vicious crime that puts ordinary people in trouble, is evolving as its means and methods become more sophisticated. Special caution is needed as ordinary people living in difficult times are being used as tools for crimes, turning completely unrelated good people into voice phishing participants in an instant. Attorney Kim In-won, a former chief prosecutor at Daeryun Law Firm, said, “Even if you didn’t know it was voice phishing, if you can’t prove it in detail, you could end up in an unfortunate situation where you are punished.” “I recommend that you prepare,” he advised. Help: Attorney Kim In-won of Daeryun Law Firm (Limited) View the full text of the article - http://www.jeonmin.co.kr/news/articleView.html?idxno=364200
Current Affairs Magazine
2022-09-20
유류분반환청구소송, 상속받았어도 부족하면 진행할 수 있어
You can file a lawsuit for the return of oil even if you inherited it if it is insufficient.
According to last year's national tax statistics released by the National Tax Service, the number of reports of gifts between direct descendants was 155,638, the highest ever. Accordingly, the number of cases of legal conflicts regarding the distribution of property between co-heirs is also increasing. If you look at the Supreme Court Judicial Yearbook, you can see that inheritance-related lawsuits have nearly doubled in the past five years. If the division of property has been too unfair, you can consider filing a lawsuit to claim the return of retained assets. The reserved portion is a certain portion of the inherited property that cannot be disposed of at will by the person receiving the inheritance and must be left behind by law for a certain heir. The reserved portion stipulated in the Civil Act is 1/2 of the statutory inheritance for the deceased's direct descendants, 1/3 of the statutory inheritance for the deceased's lineal ascendants, and 1/3 of the statutory inheritance for the deceased's siblings, and the reserved portion for the legally married spouse who has completed the marriage registration. It corresponds to 1/2 of the statutory inheritance. In addition to property received through division of inherited property, the reserved portion also includes gifts made in the year before the start of inheritance and gifts that qualify as special profits even after one year has passed. Before proceeding with a lawsuit, you must check in detail the scope of the reserve portion and the statute of limitations and then proceed quickly. Attorney Park Yong-du of Daeryun Law Firm said, “Even if you have already received an inheritance, if it falls short of the reserve portion, you can request a return of the insufficient reserve portion.” “However, inheritance lawsuits are strict on the statute of limitations, so if you file a lawsuit after the statute of limitations expires, it is likely to be dismissed, so you must prepare a lawsuit as soon as you learn of the existence of the reserve portion.” He added, “If the division of inherited property was made through an illegal method other than a bequest or gift, there are cases where the entire statutory inheritance, not the reserved portion, may be returned. To avoid property damage due to ignorance of these facts, you should prepare to regain as many rights as possible with the help of experts such as inheritance lawyers. View full text of the article - https://www.sisamagazine.co.kr/news/articleView.html?idxno=464436
baby news
2022-09-15
법무법인 대륜 형사·성범죄전문센터, 전 부장검사 김영흠 변호사 영입
Daeryun Law Firm's Criminal and Sexual Crime Center recruits former chief prosecutor Kim Young-heum
Attorney Kim Young-heum said, "We have accumulated practical know-how in various criminal cases, including sexual crimes, violent crimes, and property crimes... We will produce the best results." Daeryun Law Firm's Criminal and Sexual Crimes Specialization Center announced on the 15th that it has hired representative attorney Kim Young-heum (photo, 14th class of the Judicial Research and Training Institute), a former chief prosecutor at the Seoul Western District Prosecutors' Office. Attorney Kim was appointed as a prosecutor at the Seoul Southern District Prosecutors' Office, and served as chief prosecutor at the Seoul Western District Prosecutors' Office and chief prosecutor at the Uijeongbu District Prosecutors' Office. He served as Chief Prosecutor of Jeonju District Prosecutors' Office, Chief Prosecutor of Hongseong Branch of Daejeon District Prosecutors' Office, and Chief Prosecutor of Gwangju District Prosecutors' Office, and has diverse experience and expertise, including as Chairman of the Investigation Objections Review Committee of the Busan Metropolitan Police Agency, Advisory Attorney of Busan Metropolitan City, and Criminal Mediation Committee of the Busan District Prosecutors' Office. An official from Daeryun Law Firm said, "In the current situation where the investigative authority of the Prosecutors' Office is being adjusted, we have hired representative attorney Kim Young-heum, who has experience in special investigations, to flexibly respond to changes and strengthen our investigation response capabilities. He added, “We have established a linkage system for 24 branches, including the Bucheon office, which opened this month, so that clients can use the same legal services as the headquarters anywhere in the country.” Attorney Kim Young-heum said, “Based on the know-how accumulated over decades in various criminal cases such as sex crimes, property crimes, and violent crimes, I will always communicate deeply with clients, sympathize with them, and help them achieve the best results.” Reported. View article text - https://www.ibabynews.com/news/articleView.html?idxno=107794
Loishu
2022-09-07
'황혼이혼 재산분할’ 노후를 위해 퇴직금, 연금까지 고려해야
‘Twilight Divorce Property Division’ Consideration of severance pay and pension for retirement
Recently, an increasing number of couples are ending their long marriages after their children have grown up and are approaching their twilight years. Divorce between couples who have been married for more than 20 years is called twilight divorce, and its proportion has steadily increased, reaching 38.7% of all divorces last year, according to data from the National Statistical Office. This means that 4 out of 10 divorced couples divorced at dusk. With the changes of the times, women's economic status has increased, life expectancy has increased, and the social atmosphere that regards divorce as a natural personal choice has contributed to the increase in divorce at twilight. Looking at cases that generally lead to divorce at twilight, there are many cases where the wife endures the husband's one-sided interference, nagging, and control, then explodes and decides to divorce, and the husband chooses freedom because he does not like his wife's nagging or financial demands. There are quite a few cases. If alimony, custody, and child support are issues in the divorce of a typical young couple, division of property is the biggest issue in twilight divorce. In principle, assets subject to division are all property that the couple has accumulated through their cooperation during marriage. This includes not only deposits, savings, real estate, and stocks, but also future income such as property, retirement funds, and pensions. However, in principle, ‘unique property’ owned by the spouse before marriage or inherited or gifted is excluded from division. The standard for determining the division ratio is determined by the degree of contribution to the growth and maintenance of the property, so even a housewife who did not have a job or economic activity can be recognized for contributing to the maintenance and growth of the property. If you support the other spouse while taking full responsibility for housework and childcare, half of it becomes your share. Division of property in the event of a divorce at twilight is an issue that inevitably leads to sharp conflict because the quality of life in retirement is determined by the results, and as people get older, property is directly related to the issue of livelihood itself or economic independence. The contribution to division of property may vary depending on the duration of the marriage, whether there are unique assets, etc., so in order to receive a fair share, contact a twilight divorce lawyer. You must obtain assistance to determine the exact situation and actively utilize legal evidence methods, such as inquiry or tracking of property in the name of the party either ex officio or upon application. Help: Law Firm (Limited) Daeryun Choi Yi-seon, lawyer View article - http://www.lawissue.co.kr/view.php?ud=2022090711530421426cf2d78c68_12
Beyond Post
2022-08-29
대면수업 재개 후 학폭위 다시 증가, 폭행 없어도 학교폭력처벌대상
After the resumption of face-to-face classes, school violence increases again, and school violence is subject to punishment even if there is no assault.
The number of school violence cases decreased temporarily last year due to the coronavirus, but after the resumption of face-to-face classes, school violence cases have recently been on the rise again. There is a tendency to regard school violence as simply an incident that can occur between young students, but this is a big miscalculation. ‘School violence’ as defined in the Act on Prevention and Measures of School Violence refers to any act that causes damage to a student’s body, mind, or property inside or outside of school. Even if there is no direct assault, it includes verbal violence and subtle bullying. The forms of school violence are very diverse, including injury, assault, confinement, threats, kidnapping, enticement, defamation, insults, blackmail, coercion, forced errands, sexual violence, bullying, cyber bullying, and dissemination of obscene and violent information using information and communication networks. Among them, verbal violence is the most common. In fact, according to the 1st school violence survey for 2021 recently announced by the Ministry of Education, 'verbal violence' was found to be the largest type of violence at 41.7%. Such incidents of school violence have a significant impact on both victims and perpetrators, and in the case of perpetrators in particular, it is an issue that can have a huge impact on the future due to life records, celebrities, etc., so it must be handled carefully. However, more than half of the cases received for deliberation cannot be resolved by the school principal himself. Despite the situation, a school violence committee is being held as parents do not agree to resolve the issue themselves, and the scope of recognition for school violence is gradually broadening and the level of punishment is becoming more severe. In fact, due to public opinion that negatively views school violence and demands strong punishment, measures are taken even for non-violent verbal violence cases. In addition, even if you request a retrial after the results of the school violence committee are decided, the citation rate is low, so an early response is very important. Moreover, since children over the age of 14 are subject to criminal punishment and can even file a criminal complaint, it is necessary to seek legal assistance from a school violence lawyer so that they can attend the school violence committee as a representative. Help: School violence specialist lawyer at Daeryun Law Firm (Limited) View full text of Go Byeong-jun's article - http://beyondpost.co.kr/view.php?ud=2022082915210983456cf2d78c68_30
Jeonmin Ilbo
2022-08-23
법무법인대륜, 부천서 24번째 로펌 개소
Daeryun Law Firm opens its 24th law firm in Bucheon
Daeryun Law Firm announced that it will open its 24th branch in Bucheon early next month. Daeryun is a law firm that operates branches nationwide. We operate specialized centers in each field, including the Criminal Center, Sexual Crime Center, School Violence Center, and Corporate Legal Center, and are staffed by a number of former attorneys and professional attorneys, including CEO Jae-bong Jeong, who recently joined. The newly opened Bucheon Law Firm plans to provide the same specialized legal services as the headquarters by applying an organic collaboration system. Representative attorney Shim Jae-guk said, “Among all members, there are three experts suitable for the client’s case. He explained, “Because we have formed a dedicated team to handle one case, we are quickly establishing a customized strategy suitable for the client’s situation no matter which branch we visit.” He continued, “Previously, residents of the Bucheon area visited the Incheon office, but through this opening, we aim to improve accessibility and convenience of use and provide professional and comprehensive legal services in various fields to resolve the grievances of local residents due to legal issues.” Added. View article text - http://www.jeonmin.co.kr/news/articleView.html?idxno=362015
Jeonmin Ilbo
2022-08-17
[칼럼] 음주운전처벌, 2회 적발시에도 실형 피할 수 있을까?
[Column] Punishment for drunk driving: Can you avoid imprisonment even if you are caught twice?
Drunk driving is a mistake that is easily committed in everyday life. There are many cases where people get behind the wheel thinking that they are not drunk, and there are many cases where they are caught driving while intoxicated due to impaired judgment. According to the Road Traffic Act, driving is prohibited if the driver's blood alcohol concentration is 0.03% or more. This is because driving while intoxicated reduces judgment and motor skills, increasing the possibility of a traffic accident in the event of an unexpected situation. Drunk driving is one of the 12 gross negligence offenses and is subject to criminal punishment, including imprisonment and fines, regardless of whether or not you have insurance. In addition to criminal liability, in the event of an accident, the driver is subject to civil liability, such as increased insurance premiums and imposition of deductibles, as well as administrative liability, such as imposition of penalty points and suspension or revocation of driver's license. In particular, if you have been caught for drunk driving once, if you are caught for drunk driving again, you will face aggravated punishment, making it difficult to avoid imprisonment. Among the punishments for drunk drivers called the Yoon Chang-ho Act, the provision of aggravated punishment more than twice was ruled unconstitutional, but if you look at the sentencing standards set by the Sentencing Committee, aggravating factors are still applied to repeat offenders. In fact, one client who was punished for drunk driving in the past was caught driving his car while drunk with a blood alcohol concentration of 0.169% on a 100m section of the road, and has already been indicted in the past. Because he had a history of being fined for drunk driving, he was at risk of imprisonment. This is an act that violates Article 44, Paragraph 1 or 2 of the Road Traffic Act. We sincerely appeal to you to take into account the fact that the client admits and reflects on the crime in this case, the fact that the client did not cause additional damage such as a traffic accident due to drunk driving in this case, the circumstances leading to the drunk driving, the client's blood alcohol level at the time, the distance of drunk driving, age, behavior, environment, motive for the crime, and the circumstances after the crime. Despite being caught twice, he escaped imprisonment. The court accepted the grounds for sentencing and sentenced him to one year in prison and two years of probation. He was also ordered to take 40 hours of law-abiding driving classes. Although it was difficult to avoid a prison sentence due to a history of drunk driving, I was able to obtain a suspended sentence with the help of a criminal lawyer. In this way, if you are in a situation where you are at risk of aggravated punishment due to a history of drunk driving, it may be necessary to respond together with the assistance of a criminal lawyer from the beginning of the investigation, rather than responding alone. Written by: Daeryun Law Firm Chanwoo Jeong View full text of lawyer's article - http://www.jeonmin.co.kr/news/articleView.html?idxno=361551
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