Press Coverage

Recently, the Changwon District Court overturned the original judgment and ruled in favor of the plaintiff in the appeal trial of a lawsuit filed by a wife against her cheating husband, including divorce, property division, and alimony. According to Daeryun Law Firm, which was in charge of defending the appeal at the time, “The plaintiff filed a lawsuit for divorce and other lawsuits against her cheating husband through another law firm, but lost in the first trial.” He added, “If the ruling is confirmed as is, she will not be able to divorce and will have to bear the cost of the lawsuit, so we will expedite the appeal hearing.” Daeryun (Seocho) divorce lawyer, who led the lawsuit, said, “In order to overturn the original trial result and win, we internally analyzed the reasons for the loss in the first trial at the law firm level, and in particular, strengthened the purpose of the divorce claim, recalculated the scope of property division and alimony, and focused on collecting evidence to support the purpose of the appeal and proving it during the trial.” In the end, the trial ruled in favor of the plaintiff. The case was ruled in favor of all items, including designation of parental authority and guardian, and child support. Divorce lawyer from Daeryun (Seocho) Law Firm, who led the victory in the second trial, said, “Just because you lost in the first trial does not mean there is no possibility. If you proceed with the appeal trial with the help of an expert with a lot of know-how in resolving disputes with experience of winning many cases, the result could be completely different.” He continued, “If you proceed with the lawsuit hastily and lose, you may have to bear the other party’s litigation costs.” “It is important to appoint a divorce lawyer from the beginning and respond accordingly,” he advised. Meanwhile, Daeryun Law Firm operates a divorce team led by a divorce lawyer and a family law lawyer to resolve divorce litigation issues such as property division claims, alimony, and child custody. Reporter Lim So-ra mail00@asiae.co.krView article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=277&aid=0004636704

Recently, the spread of false information, such as fake news related to the novel coronavirus infection (COVID-19), has emerged as a serious social problem. What punishment will you receive if you commit a crime related to COVID-19? - If you refuse a doctor's recommendation for a test and do not follow self-quarantine guidelines, you may be subject to legal punishment. △If you refuse, interfere with, or avoid an epidemiological investigation conducted by the Korea Centers for Disease Control and Prevention without justifiable reasons, you will be subject to imprisonment for up to 2 years or a fine of up to 20 million won in accordance with the Infectious Disease Prevention and Control Act. △Patients who refuse to be quarantined, such as those who do not respond to measures such as hospitalization and treatment, may be subject to a fine of up to 3 million won. This includes cases where a person refuses health authorities’ orders for testing, hospitalization, or isolation of patients with infectious diseases, people concerned about transmission, or people suspected of being infected. In fact, in December 2015, the Seoul Central District Court sentenced a woman in her 50s to a fine of 3 million won for going out despite being notified of self-quarantine during the MERS outbreak. - The Ministry of Food and Drug Safety began emergency supply and demand adjustment measures for the first time since the enactment of the Price Stability Act on the 12th. Mask producers must report production, domestic shipment and export volume, and sellers must report buyers and unit price quantities when selling in bulk. Anyone who hoards masks and hand sanitizers or violates emergency supply and demand adjustment measures may be subject to imprisonment for up to two years or a fine of up to 50 million won. Both of these can be applied, so you can be subject to both imprisonment and fines. - Malicious Smishing Recently, false messages disguised as information such as ‘confirmed person in area 00 died’, ‘we will give you free masks’, and ‘delivery delivery is delayed due to coronavirus’ are being spread to an unspecified number of people, taking advantage of public anxiety. This is a smishing scam that steals personal information by inducing the installation of a malicious program, so special caution is required. Through this, the scope of punishment is determined by comprehensively reviewing the circumstances leading to the fraud, the nature of the crime, and the amount of damage. Note that even if you did not directly participate in an electronic financial fraud, you can be punished under the Electronic Financial Transactions Act even if you transfer, acquire, or rent a bankbook or cash card, etc. - Spreading false information Producing and distributing various ghost stories and fake news is also subject to punishment. Additionally, if you cause damage to a specific company or hospital by posting false information related to the movement path of a confirmed patient, hospital, etc., it is a crime of obstruction of business. In particular, fake news about government-run public health centers and hospitals can be subject to charges of obstruction of official duties due to hierarchy. Obstruction of business can be punished by imprisonment for up to 5 years or a fine of up to 15 million won, and obstruction of official duties also receives the same punishment. Jae-guk Shim, a criminal lawyer at Seocho (Daeryun Law Firm), said, “The crime that ordinary people can most easily engage in is the spread of fake news. If the situation is serious, such as this COVID-19, greater punishment can be imposed.” He added, “Criminal punishment for defamation and obstruction of business is not possible. “If you receive it, you may have to pay alimony in a civil lawsuit, so you need to be careful not to get involved in criminal activity.”

In a judicial divorce, many issues are disputed with the spouse, such as property division, child support, alimony, parental rights, and custody. Recently, in many cases, property division has been difficult due to the spouse's concealment or disposal of property. According to the legal community, legally married couples often register and manage marital property in one person's name. However, in the process of preparing for divorce, if a spouse who is registered as the owner of joint property secretly disposes of the property, the amount of the property is reduced, and the amount that the spouse who is not registered as the owner can receive in a property division lawsuit is reduced. In this situation, it is important to first understand the spouse's property status before filing for divorce, and expert assistance is also required in order to approach divorce litigation to minimize damages as much as possible. Divorce lawyer Daeryun Jinju of the Law Firm advises that in order to prevent the spouse's property from being concealed or disposed of until the divorce judgment is finalized, it is necessary to accurately identify the spouse's property and proceed with preservation disposition. In particular, it is explained that if there are no assets that can be used to freeze assets in the spouse's name, such as provisional seizure of real estate, provisional disposition, or rental deposit, provisional seizure can also be carried out on wages or deposit accounts in the spouse's name. In addition, Daeryun Jinju, a divorce lawyer at the Legal Law, said, "Whether to provisional seizure or provisional disposition depends on whether you will receive money through property division or transfer the ownership itself, so you need to devise a strategy and respond accordingly. He added, "When filling out an application for provisional seizure or injunction, it is necessary to calculate and enter an appropriate amount of alimony and property division, so we recommend getting help from an expert." Meanwhile, Daeryun Law Firm, which operates a divorce team consisting of divorce lawyers and family law lawyers, provides services in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, We have branch offices in the southeastern region, Gyeongbuk region, and metropolitan area, including Chuncheon, Jinju, and Jeju, to provide legal consultation and customized legal services. (Reporter Yeo Dong-eun deyuh@mydaily.co.kr) View original article - http://www.mydaily.co.kr/new_yk/html/read.php?newsid=202002141709188241&ext=na

On the 31st, the Jinju Branch of the Changwon District Court ruled in favor of the plaintiff in a lawsuit claiming alimony for an adulterer, ordering the defendant to pay 15 million won in compensation. An adulterer's alimony claim lawsuit is a claim for alimony by blaming an infidelity man or an infidelity woman for the breakdown of the marriage due to the spouse's extramarital affairs. With the abolition of the adultery law in 2015, criminal punishment can no longer be applied to an adulterous spouse and an adulterer, so the number of lawsuits claiming damages is increasing through incest suits that can resolve the issue civilly. According to industry experts, there are three main types of incestuousr alimony claim lawsuits. △ You can request alimony from the person with whom you had an affair with your spouse along with a divorce suit, or △ you can request alimony from the person with whom you had an affair after divorcing your spouse. If you decide to remain married, you can claim alimony only against the person responsible for the affair. However, since it is a claim for damages based on illegal acts, responsibility for the defendant's illegal acts must be proven. Divorce lawyer Shim Jae-guk of the law firm Daeryun, who was acting as the plaintiff's attorney at the time, said, "A lawsuit for incest and incontinence is a lawsuit seeking mental damages. Therefore, if intent is not proven or there is no conclusive evidence, the lawsuit may be dismissed. If the lawsuit is dismissed, the lawsuit cannot be filed again for the same reason, so rather than react hastily. He advised, “It is best to proceed after sufficient discussion based on the legal knowledge of a professional lawyer.” He continued, “Sometimes, a client preparing for an adulterous lawsuit collects evidence illegally by installing a location tracker or recorder in the spouse’s workplace or vehicle. If the adulterer collects evidence using illegal methods, the adulterer may be subject to criminal punishment and civil liability for damages in the future, so strategically seek assistance from a divorce lawyer from the beginning. “We will have to respond,” he added. Meanwhile, Daeryun Law Firm operates a divorce team comprised of lawyers who have completed registration in the domestic affairs and divorce specialty field recognized by the Korean Bar Association. The divorce team provides legal services in the overall field of divorce, including divorce litigation, alimony claims, custody, child support, and property division, including litigation procedures and issues at the time of divorce, divorce and domestic affairs litigation representation, and customized confidential counseling. Daily Reporter Kim Yun-seong (kimys@dailian.co.kr) View article text - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=102&oid=119&aid=0002380953

[Seoul Economy] A lawsuit was held last year at the Changwon District Court for the return of the sale price of a real estate sales contract concluded for 3.3 billion won. The plaintiff (buyer), who is engaged in power generation projects such as solar power and new and renewable energy, signed a contract with the defendant (seller) to sell land in Seongju-gun, Gyeongsangbuk-do for 3.3 billion won in August 2017. It was a conditional contract with the preconditions of ‘obtaining a solar power generation business permit from the Ministry of Trade, Industry and Energy’ and ‘if the power generation permit is not obtained, the seller will immediately return the entire down payment and interim deposit to the buyer.’ The plaintiff expected the defendant to make active efforts to resolve neighborhood complaints for a power generation permit as stated in the special contract, but the seller did not make any efforts, such as obtaining resident consent from the local government and residents of nearby areas, so the plaintiff’s application for a power generation permit was blocked. The sale contract was canceled due to rejection. However, the seller did not return the sale price even after six months had passed, and the buyer took all legal measures to obtain the return of the sale price with the help of a civil attorney. A civil attorney from Daeryun Law Firm in charge of the case said, “At the same time as filing a lawsuit for the return of the sale price, we filed a request for provisional seizure of the bonds and real estate, etc., and the court also accepted all of them.” He continued, “The sales contract is the most important evidence and the starting point for resolving all problems. In the case of the plaintiff, we were able to compensate for damages in case of an emergency because we drew up special provisions at the time of contract with the help of Daeryun Law Firm in advance.” Daeryun, a civil attorney, said, “Real estate transactions often use contracts prepared by brokers. To prevent any disputes, carefully review all the details of the contract and be sure to transcribe the matters discussed orally. “It is important to specify it as a special contract,” he advised. Meanwhile, Daeryun Law Firm’s dedicated corporate legal team, which includes civil attorneys, reviews contracts and official documents through regular consultation with corporate clients, thereby reducing the possibility of legal disputes and providing comprehensive corporate legal solutions that prevent cases that develop into lawsuits in advance. / Reporter Kim Dong-ho dongho@sedaily.com View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=011&aid=0003678977

Daeryun Law Firm (CEO Jae-guk Shim) announced that it won the loan dispute held at the 1st Civil Affairs Division of Jinju Branch, Changwon District Court on the 18th of last month. According to Daeryun Law Firm, the defendant at the time formed a natural relationship with Mr. B, the parent of his child's classmate, through volunteer work, and borrowed money from Mr. B for living expenses and did not repay it. Mr. A then further persuaded him to take out a loan from five financial institutions, including capital and savings banks, and Mr. B, who accepted this, suffered property damage worth approximately KRW 200 million. Civil lawyer Daeryun Seoul Office (Seocho-gu), who represented the plaintiff at the time, said, “If the debtor disposes of its assets and enters rehabilitation or bankruptcy proceedings, it becomes more difficult to receive money,” and “It is important to receive repayment of the debt and delay damages through a prompt lawsuit.” He said, “The case at the time was about a lawsuit requesting the return of a loan, and if you get a winning ruling and obtain the right to execute, you can select a financial institution and seize the other party’s account, etc., and if there is a balance, you can apply the amount to the claim through a collection order.” He added, “It would be helpful to deal with it with a legal assistant because there are ways to recover it.” An industry expert said, “In general, creditors who suffer from not receiving their money back often hand over the money without any special procedures out of hope, but in order to minimize economic, time, and psychological damage in the event of a legal dispute in the future, creditors must take care of their rights.” He added, “Writing out an IOU, recording, or leaving a text message is also a way to provide evidence rather than a cash transaction. “It is advisable to use surplus account transfers or check transactions that leave records,” he advised. Reporter Lim So-ra mail00@asiae.co.krView original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=277&aid=0004600931

A man who introduced himself as a single woman on an application and met him sued for damages and alimony and won. According to the legal community, on the 19th, the Changwon District Court ruled that in a lawsuit filed by a man for damages against a married woman, B, he should pay 60 million won in damages according to the plaintiff's cause of claim. B introduced her husband as her brother-in-law and her children as nephews to A, and continued to date by lying about the fact that she was a married woman for nearly a year. In addition, he borrowed money from Mr. A about 100 times for reasons such as living expenses and repaying his father's debt, and when Mr. A asked him to repay the money, he blocked his calls and messages and did not repay it. Person A, who found this strange, went to Mr. B's house and found out that all of his employment information and family relations were false information. Afterwards, Mr. A filed a lawsuit against Mr. B demanding payment of damages and alimony. Accordingly, the court ruled that the woman should pay 60 million won in damages, considering that she had caused damages through illegal acts. According to a civil attorney from Daeryun Law Firm, who served as the litigation representative at the time, “We decided to proceed with a lawsuit to claim damages as a married man lied to himself that he was single and repeatedly caused financial damages,” and “We decided to file a lawsuit for damages, including embezzling cash due to fraudulent acts.” “We are in the process of filing a complaint for fraud with a criminal lawyer for matters related to unpaid money.” A criminal lawyer from Daeryun Law Firm said, “Recently, there have been frequent cases of people hiding their identity through applications and engaging in fraud for the purpose of money, so caution is needed. If you may be harmed in a similar situation, you should collect data that can be used as evidence, such as conversation content, call content, and transfer history, and seek legal assistance to resolve the matter.” Added. Reporter Lim So-ra mail00@asiae.co.krView original article - https://m.news.naver.com/read.nhn?mode=LSD&sid1=101&oid=277&aid=0004596371

Last October, a man was sentenced to a fine for sending sexually humiliating and humiliating text messages to a female neighbor and throwing an object at her, injuring her. The Western Branch of the Busan District Court sentenced Mr. A (74), who was summarily indicted on charges of injury, insult, and violation of the Special Act on the Punishment of Sexual Violence Crimes, to complete a 40-hour sexual violence treatment program and to pay a fine of 5 million won. At the time, Mr. A caused sexual shame and disgust in the victim three times. A text message containing the content was sent, and the victim broke into the victim's house and threw a plastic milk box, causing injury to the victim. The victim filed a civil claim for damages, and the court confirmed damages of 5.5 million won. According to Daeryun Law Firm (Representative Attorney Shim Jae-guk), the plaintiff's representative at the time, "The defendant frequently sent sexual harassment text messages, and the plaintiff complained of pain due to home invasions, injuries, and work interference." He continued, "We proved the plaintiff's mental damage by securing evidentiary materials such as call records, text messages, 112 report processing records, medical certificates, injury medical certificates, and fact confirmation documents." Sexual crimes do not cause trauma to victims, but can leave serious psychological damage, so if you are suffering from sexual harassment text messages, you should find a solution with the help of a professional lawyer with extensive relevant experience rather than enduring it,” he advised. Online News Team Reporter onnews@dt.co.krView original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=029&aid=0002576414

[Seoul Economy] Mr. A (72), who was put on trial for violating the Licensed Real Estate Act last September, was found not guilty in the appeals court. At the time, the first trial found him guilty and sentenced him to a fine, but the 1st Criminal Division of the Changwon District Court decided that there was no proof of the crime, so it overturned the first trial judgment and declared him not guilty. According to the current Enforcement Rules of the Licensed Real Estate Brokerage Act (Article 20), the real estate agent receives remuneration for brokering sales from the brokerage client. It is stipulated that remuneration exceeding 9/1000 must not be received from either party. Mr. A, who was accused of receiving a sales brokerage fee exceeding the legal remuneration while concluding a real estate transaction worth 31 million won, denied the charge and claimed innocence, but was not accepted and was sentenced to pay a fine of 4 million won and 80% of the legal costs in February. Accordingly, a second trial was held following Mr. A's appeal, and the appellate court ruled Mr. A raised his hand. At the time, a criminal lawyer from Daeryun Law Firm, who represented Mr. A for his appeal, said, “We dug into the fact that the accuser’s statement about how and from whom the defendant received the money was being inconsistently reversed, and prepared evidence and defense.” He added, “According to Article 307, Paragraph 2 of the Criminal Procedure Act, admission of a crime must be proven beyond a reasonable doubt, so we responded to the case with the goal of innocence.” He explained, “It was decisive that we were able to find irrefutable evidence, such as the fact that the money that the defendant deposited into his account on the day of the incident was repayment from a debtor in the past, and that the place, time, and amount where the plaintiffs claimed to have paid the brokerage fee were completely different.” Meanwhile, Mr. A is suing the first plaintiff for false accusation and perjury. According to Daeryun Law Firm (Representative Attorney Shim Jae-guk), the plaintiff's representative, "The accuser was able to be cleared of the charges in the second trial, but complained of mental and financial pain, including an inability to concentrate on her main job for a significant period of time during the trial." He added, "Based on the plaintiff's will to seek severe punishment for the defendants, we will hold the defendants accountable for their false accusations and perjury." / Reporter Kim Dong-ho dongho@sedaily.com View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=011&aid=0003666123

On October 17, the 1st Criminal Division of the Jinju Branch of the Changwon District Court found Mr. A (50), a local newspaper reporter, not guilty on charges of attempted extortion and extortion. The prosecutor charged defendant A with attempted extortion and extortion, saying that while he was working as a reporter for a local newspaper, he published articles criticizing local businesses and blackmailed them into ordering advertisements and received money in the name of advertising fees. The prosecutor's court Regarding the attempted extortion case, the witness present reportedly stated, "I have never heard from the victim that the defendant threatened or blackmailed him." Witnesses who were victims of blackmail also testified to the effect that there was no threat, saying, "There was no threat, and there was no mention of publishing a critical article." In his defense, criminal lawyer Shim Jae-guk (Daeryun Law Firm), who was appointed as the defendant's attorney at the time, said, "For a threat to constitute a blackmail charge to be recognized, there must be notice of harm that could limit a person's freedom of decision-making or frighten the person to the extent of interfering with the freedom of execution of decision." He argued, "It should not be acknowledged that the act of reporting on the illegal activities of a company run by a blackmail victim and requesting that it place an advertisement constitutes an act of extortion." In addition, regarding the defendant's charges, he cited the Supreme Court's ruling that the mere fact of reporting critical articles and editorials and requesting advertisements cannot be considered as threatening the other party as a means of blackmail. Also, regarding the charge of attempted extortion, "The defendant, a reporter for a local newspaper, receiving advertising orders is also part of his job," and said, "It is a part of the defendant's job to receive advertisements as a journalist for a local newspaper." It was argued that "reporting and writing about the irrational aspects of the county office is the right thing to do in the profession of the defendant, a newspaper reporter. Accordingly, the court declared the indictment not guilty under the latter part of Article 325 of the Criminal Procedure Act because there was no proof of a crime. Online News Team Reporter onnews@dt.co.kr View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=029&aid=0002574043