Press Coverage

Daeryun Law Firm announced on the 4th that it signed an MOU with Humanworks, a leading digital content and e-commerce company, to provide corporate legal advice and strengthen global capabilities. The agreement ceremony held at the headquarters of Human Works Co., Ltd. on the 27th of last month was attended by key officials from both companies, including CEO Daeryun Kim Kuk-il, lawyers Kim Min-soo and Jeong Hong-cheol, Human Works CEO Park Min-gyu, general manager Kim Hyung-kwang, and team leader Kim Hyun-gu. Established in 2006, Humanworks is an IT company that supplies its high-quality HTML5 games to global big tech platforms such as Samsung, MSN, and Facebook. In addition, it is leading domestic technology trends by operating IT specialized shopping mall ‘App Story Mall’, smart small home appliance brand FIX, and membership ticket reservation platform Casting. Through this agreement, the two companies plan to preemptively prevent copyright disputes that may arise in overseas markets and strongly protect their core IP in line with the global expansion of Humanworks' HTML5-based gamification business. Specific details of cooperation include △review of multinational platform publishing contracts and establishment of customized IP protection strategies for each country, △consulting on game content rating classification and response to IT-related regulations, △customized legal advice for all business areas, including data compliance related to the newly established AX (AI Transformation) Research Institute, and △support for legal consulting services for executives and employees. Park Min-gyu, CEO of Humanworks, said, “Domestic IT companies often face unexpected IP disputes or local regulations in the process of expanding into the global market,” and added, “Based on the legal system of large law firms and global networks such as New York, we expect that this will be a great help to Humanworks’ sustainable growth.” CEO of Daeryun Kim Kook-il said, “We are happy to be a reliable legal partner of Humanworks, which is achieving remarkable results on the global stage. We will mobilize our IP specialist group and global legal capabilities to overcome the regulatory wall faced by IT companies and build a stable legal environment where executives and employees can focus only on their work.” Meanwhile, Daeryun is accelerating the expansion of cross-border legal services connecting domestically and internationally by opening an office in New York, USA last year and solidifying its collaboration system with local patent law firms, and plans to further strengthen its expertise in the IT and content fields through this agreement.[View full article] Daeryun Law Firm, MOU with Human Works… “Strengthening global IP protection and legal advice” (link)

A soldier in his 20s, who was accused of being an accomplice to a telephone financial fraud (voice phishing) organization, was cleared of charges by the prosecution after handing over his account number and other information to a person impersonating a counselor while trying to obtain a loan. According to the legal community on the 29th, the Daejeon District Prosecutors' Office Seosan Branch cleared Mr. A, a man in his 20s, who was sent on charges of violating the Electronic Financial Transactions Act and aiding and abetting fraud on the 19th of last month. Mr. A was accused of being involved in money laundering by a telephone financial fraud organization. He was accused of providing his bank account information and ID to use as a conduit. He was also accused of finding the amount of fraud that came into his account and delivering it to a telephone financial fraud organization. However, Mr. A denied the charges. In March of last year, while talking to a counselor who he found out through an online loan advertisement, he was deceived by saying, "You can only get a loan if you create transaction details," and became involved in a crime after providing his account number, password, and identification card. Mr. A also received an offer from another person impersonating a counselor while looking for an additional loan, saying, "Your account is being used for fraud. If you find the money deposited in the account and deliver it to us, we will report it to the Financial Supervisory Service and provide relief," and after complying, he was also charged with aiding and abetting fraud. Mr. A claimed, "I never expected that my account would be used for fraud. At the time, I was in a situation where it was difficult to make a sound decision because I was in huge debt after being defrauded of investing hundreds of millions of won." At the same time, he explained, “I asked the so-called counselors several times about the progress of the loan, and if I had had the perception that it was a crime, I would not have done this.” The prosecution determined that neither of Mr. A’s charges were valid. According to the Supreme Court precedent, renting 'access media' such as electronic information contained in the magnetic strip of a deposit account or electronic card can be considered a violation of the Electronic Financial Transactions Act, but the information provided by Mr. A does not fall under this. Regarding the charge of aiding and abetting fraud, considering that Mr. A did not suspect that the loan process was abnormal or could be involved in a crime while talking to people impersonating a counselor, it was deemed that there was no intention to facilitate the crime of telephone financial fraud. Attorney Kim Hyun-soo of Daeryun Law Firm, who represented him, said, "In order to constitute a crime of aiding and abetting, there must be awareness and intent to facilitate the crime of the principal offender, but Mr. A was only a victim of a serial fraud who was deceived while trying to get a loan. We were able to get an acquittal by explaining that the loan was urgent due to the desperate economic situation he was in at the time and there was no perception that it was a crime."[View full article] The information you provided to get a loan ended up in the hands of a fraudulent organization... A man in his 20s accused of being an accomplice was acquitted. (Shortcut)

According to the Visa Bulletin recently announced by the U.S. Department of State, the employment immigration (EB-1) and highly educated independent immigration (EB-2 NIW) categories have been completely opened, opening up a decisive opportunity for professional applicants to obtain permanent residency. In particular, as the U.S. Citizenship and Immigration Service (USCIS) flexibly applies the application criteria chart, a meaningful time has arrived to expedite the green card process for professional talents such as researchers, engineers, doctors, professors, and entrepreneurs who have been considering EB-2 NIW. However, these policy opportunities do not completely guarantee the acquisition of permanent residency. In particular, when preparing to immigrate with children, the 'cross-border strategy', which involves preparing documents in Korea and coordinating local administrative procedures in the United States in real time, becomes a key variable in determining whether the accompanying children can obtain permanent residency. "As the selection method for professional employment visas (H-1B) has recently been reorganized to focus on wage level, the era of relying on 'luck' to obtain residency status as in the past is over," said U.S. attorney Daeryun of Mia Kim (Limited). "Rather than relying on the uncertain visa lottery," he said. He emphasized, “It is important to take strategic action to secure permanent residency stably and fix the age of children by taking advantage of the current opportunity.” Below is a Q&A. - The criteria for selecting the most appropriate green card category for your situation are: ▶ If you have unique achievements, you should consider EB-1A first, and if you can prove your contribution to national interest as a highly educated person, you should consider EB-2 NIW first. On the other hand, capital-based investment immigration to the United States (EB-5) has recently emerged as a realistic alternative among parents who want to secure the stability of their children studying abroad. The current investment amount is in the range of 800,000 to 1.05 million dollars depending on the region, but there is a strong possibility of an increase in conjunction with the system's re-approval on September 30, so there is a need to hurry up the schedule. -Why 'timing' and 'child's age' management are key in the permanent residency procedure. ▶Now that the door is open, you can secure a work permit early by simultaneously filing an adjustment of status (I-485) even before the petition is approved. It's the best time. The most important thing at this time is 'age lock' according to the Child Status Protection Act (CSPA). The child's age is protected by deduction for the duration of the petition review period, but the child's age is ultimately fixed to under 21 only if the application or fee payment is completed within one year from the time the door is opened. If this timing is missed, there is a risk that only children will be excluded from obtaining permanent residency, so real-time response from both Korea and the United States is essential. - The impact of recent H-1B uncertainty on permanent residency strategy. ▶ As the H-1B visa was reorganized to focus on wage level and employment costs for local companies rose, uncertainty about foreign workers increased. Therefore, rather than relying on this, you should design a roadmap to move directly to permanent residency by utilizing the OPT period provided after obtaining your degree. If you are already residing in the United States, it is a practical rule to secure the stability of your stay until obtaining permanent residency by actively utilizing the state-level talent support program or the H-1B quota exception clause. -The most important factor for applicants to prepare in practice is: ▶ Beyond simply meeting the qualification requirements, it is most important to build an elaborate 'activity plan' that can persuade the examiner. Recently, U.S. authorities have strengthened background checks and rigorously evaluated the actual contribution that applicants' capabilities will make in the United States. In addition to 'cross-border insight' that reinterprets achievements in Korea in the language of the US market, selecting an expert with bilingual and bicultural capabilities who can simultaneously coordinate Korea's unique corporate culture and the US legal system increases the probability of success. - Suggestions to minimize the risk of rejection and increase the success rate of the process are: ▶ 'Pre-screening response' and 'three-dimensional strategic design' through experts. Permanent residency in the United States is a complex legal area that combines stay methods and asset management, so a mid- to long-term perspective of at least two years is required. We need to reduce our dependence on non-immigrant visas and build a roadmap linking higher education, employment, and residence based on permanent residency. The best option is to reduce administrative delays and design a stable route through a cross-border strategy from the early stage.[View full article] U.S. permanent residency strategy and timing, cross-border response determines success or failure (Shortcut)

When entrusting work from a primary insurance company, whether the personal information processor independently collects, manages and operates customer information. The status of personal information processors in the insurance industry has been put on the chopping block as the Supreme Court ruled that an exclusive insurance agent belonging to a primary insurance company who was indicted for using core customer personal information to change insurance details is not a 'personal information processor'. As corporate insurance agencies (GAs) are pursuing the introduction of specialized insurance sales companies, the analysis is that the identity of the personal information processor varies depending on whether they are independent or entrusted. According to the financial and legal circles on the 30th, the Supreme Court recently overturned the original decision that convicted Mr. A, an exclusive planner who stole customer personal information and modified insurance contracts, as a personal information processor, and remanded the case back to the Seoul Central District Court. Previously, the first and second trials viewed designer A as a 'personal information processor' and sentenced him to 10 months in prison and two years of probation. The Supreme Court's reason for overturning the original judgment was that it was necessary to determine whether a person is a personal information processor based on who has the authority to ultimately determine the purpose and means of processing personal information. The key point of the ruling is that the status of personal information processor must have ‘decision authority’ regarding the processing of personal information. This ruling is also having an impact on the GA industry, which is pushing for the introduction of insurance sales companies, advocating for the so-called ‘separation of manufacturing and sales’ that separates product manufacturing and sales. Kim Yong-tae, president of the Korea GA Association, said that insurance companies will focus on product development and asset management, and that sales and follow-up management will be handled by a separate specialized company. Experts analyzed that although it will vary depending on the method of introduction, if an insurance sales company establishes its own database to manage customer information and determine a sales strategy, there is a possibility that it will have the status of a personal information processor. Jeong Jin-yeol, a lawyer at LK Bipyeongsan Law Firm, said, “If product planning and sales are completely separated, the status of the personal information processor is likely to become an insurance sales company.” Currently, GA focuses on agency and brokerage work, but the interpretation is that professional companies have independent responsibility and authority for sales. Shin Hye-jin, lawyer at Daeryun Law Firm, explained, "If an insurance sales company is entrusted with work from an insurance company and processes customer information, the insurance company maintains its status as a personal information processor as a consignor. On the other hand, if it independently collects and manages customer information and conducts business activities based on this, there is a possibility of forming a joint personal information processor relationship with the insurance company." An official from the GA Association said, "How and how personal information will be handled when introducing an insurance sales company is something that will be discussed by the authorities or in the process of introducing laws, so it is not possible to judge at this time." However, he added, "If a sales company becomes a company, it will be at the level of a quasi-financial company, so a more strengthened personal information maintenance system will be needed than the GA type, which is an agency." However, analysis followed that this ruling does not completely eliminate the designer's responsibility. The Supreme Court ruled that even if the defendant is not a personal information processor, he or she may be subject to the penalty provisions under Article 74 of the Personal Information Protection Act. Article 74 stipulates that if an agent or employee of a corporation commits a violation in relation to work, a fine shall be imposed not only on the offender but also on the corporation. The burden on insurance companies has grown further. Attorney Shin said, "Just because a planner is not a personal information processor does not mean that the agent is completely exempt from punishment. From the insurance company's perspective, this ruling clearly assigned the status and responsibility as a personal information processor, so responsibility for overall management of customer personal information collected and processed through insurance planners has been strengthened." He then emphasized, “Insurance companies, GAs, and planners all need to clearly understand the meaning of the ruling and reexamine their personal information management systems appropriate to their respective legal status.”[View full article] Controversy over the status of insurance planners as ‘personal information processors’… “It depends on the seller” (Shortcut)

An employee who was accused of bidding corruption and breach of trust by the company he worked for was cleared of the charges. According to the legal community on the 30th, the Uijeongbu District Prosecutors' Office ordered a non-indictment against Mr. A, a former energy company employee who was sent on charges of breach of trust and breach of trust on the 27th of last month. Mr. A, who worked at a global energy company, allocated excessive quantities to logistics company B, which offered a higher price quote than others, for one year starting in October 2023. He was accused of causing damage. He was also accused of making the CEO pay millions of won worth of travel expenses along with an implicit request while traveling with the CEO of Company B. However, Mr. A denied all charges. Because the company's mistake caused a large amount of damage to company B, the company allocated the quantity to company B to prevent the company from having to pay compensation. In addition, he claimed that he did not arbitrarily select a company and allocate the quantity because the quantity allocation was approved after reviewing the internal factory manager and the head office. Regarding the payment of travel expenses, he explained, “I prepared the travel expenses myself, and I also returned all expenses partially supported by the CEO of Company B with a check.” The prosecution determined that Mr. A could not be seen as having committed a crime alone or taking unfair financial advantage. Considering the fact that, due to the company's system, Mr. A cannot freely select a logistics company and allocate quantities, and that the company claimed that damage was caused by Mr. A but was unable to estimate the amount, it was determined that there was no evidence to establish a charge of breach of trust. Regarding the payment of travel expenses, the ratio of the volume allocated to Company B around the time of Mr. A's trip was maintained at a similar level as before, so it was judged that he did not receive an unfair request and give preferential treatment. Attorney Kim Myeong-cheol of Daeryun Law Firm, who defended Mr. A, said, “We revealed that the lowest price quote cannot be an unconditional criterion for selecting a logistics company, and by closely analyzing the internal approval system of a large company to prove that Mr. A's actions were a reasonable decision, we were able to be acquitted.” “There was,” he said.[View full article] I made an internal payment, but I was sued... Energy company employee acquitted of bid corruption charges (Shortcut)

When faced with charges of sexual crime, what determines whether an actual crime is established is whether or not the requirements set by the law are met. Criminal punishment is possible only based on laws enacted by the National Assembly in accordance with the principle of legality of crime, and Article 12 of the Constitution and Article 1 of the Criminal Act prohibit punishment that is not in accordance with the law and due process. Therefore, simply receiving a charge and establishing a crime under the law should be approached as separate issues. The standard for determining whether a specific act constitutes a crime is 'correspondence to the elements.' This is the process of verifying whether all of the behavioral requirements stipulated by law are met. For example, in the case of the crime of forcible indecent assault under Article 298 of the Criminal Act, all three requirements - assault or intimidation, an act directed at a person, and indecent assault - must be proven to be established. If even one of these elements is missing, the person cannot be punished as a forcible molestation under the law. Analysis of the elements is also essential in recent cases of obscene acts using communication media (prostitution), which frequently occur. According to Article 13 of the Special Act on the Punishment of Sexual Violence, the purpose of satisfying sexual desire and the ‘reach’ of media that causes sexual shame are conditions for establishment. Even if a sexual message is written, if it is not actually transmitted and reached the other person, a crime will not be established due to the failure to meet the structural requirements. In many cases, acquittal in sexual crime cases is due not only to the absence of the act but also to the lack of legal structural requirements. Rather than being intimidated by the facts of the charges, suspects should closely analyze whether the charges presented by the prosecution fully meet the legal requirements. The process of verifying each legal requirement is the most basic and core step in establishing a sexual crime defense strategy. Therefore, from the beginning of the investigation, it is necessary to professionally review with a defense attorney whether your actions meet the criminal requirements specified in the law. We must recognize that meeting legal requirements is a critical criterion that determines the establishment of a crime, and block the possibility of unnecessary criminal punishment through logical and thorough legal responses from the early stage. Help: Attorney Youngjin Ahn, Daeryun Law Firm[View full article] The key to deciding whether to be innocent of a sexual crime is ‘component requirements’… We must calmly consider whether legal requirements are met (link)

[CU agreement, testbed for direct negotiation ②] Minister Jin Du-jin... Other labor-management relations equity issues [Editor's Note] An agreement between labor and management over CU Logistics was reached and the conflict was resolved. The effectiveness of the agreement and the normalization of logistics are now key. We look at the meaning of government intervention, the logistics recovery situation, and the impact it will have on other labor disputes. The logistics dispute between the CU branch of the convenience store branch of the Korea Confederation of Trade Unions (KCTU), the Public Transport Workers' Union, and the Freight Solidarity Headquarters (Cargo Solidarity) was resolved after 24 days of strike. As the ministers of the relevant ministries and ruling party members personally visit the negotiation sites and begin mediation, discussions surrounding the extent to which the government will be involved in future labor-management disputes at industrial sites are expected to intensify. According to the Ministry of Employment and Labor and the logistics industry on the 29th, the CU branch of the Korea Freight Solidarity Convenience Store Branch and BGF Logis tentatively agreed to a collective agreement through the fifth round of negotiations at 5 a.m. on the same day. The agreement included a 7% increase in transportation fees, guaranteed paid vacation once a quarter four times a year, immunity from civil and criminal charges for the cargo union, and cancellation of the injunction prohibiting business interruption. BGF Logis and Korea Freight Alliance decided to hold a signing ceremony at 11 a.m. on this day and sign the agreement, but time was delayed in the process of coordinating detailed items, and the final agreement was postponed. The two sides negotiated all night long at the Jinju Employment and Labor Office in Gyeongnam, starting at 8 p.m. the previous evening. Minister of Employment and Labor Kim Young-hoon and Democratic Party of Korea lawmaker Kim Ju-young also attended the scene and supported mediation. With the conclusion of the agreement, the blockade of major logistics bases such as Jinju and Jincheon will be lifted, and BGF Retail plans to begin 100% normalization of logistics during the week. The labor community is evaluating this settlement positively in that the protracted dispute has entered a phase of settlement. In a situation where, in addition to the prolonged strike, a fatal accident occurred on site, the government's role in mediation seems to be meaningful. The management community is reacting cautiously regarding the scope of the government's involvement in the field. There is a view that the presence of a minister and a sitting member of the National Assembly at the negotiation site in a situation where the main contractor's obligation to negotiate is not clearly defined may have placed a significant burden on the management. The management community is cautious about the level of intervention... The special nature of the case is considered to be the reason behind the government's mediation of the Yellow Envelope Act. On the 20th, a truck hit union members at a rally in front of the convenience store CU Jinju Logistics Center, killing one person and injuring two others. Afterwards, the blockade continued to the Jincheon Logistics Center, which serves as a national hub, and some franchisees responded that sales had fallen by 30%. There is a possibility that the government has begun making on-site adjustments in consideration of the social costs of a prolonged situation. There are also critical views surrounding the consistency of the government's response. The Ministry of Employment and Labor initially stated that this issue was not related to the Yellow Envelope Act, but after the fatal accident, the level of response changed, with the minister directly mediating at the negotiation site. It is also of interest whether this mediation is in line with the government's labor policy, which advocates improving the dual structure of the labor market. If a similar dispute occurs in the future, it is expected that the key issue will be the standards and fairness under which the government will decide whether to intervene. As multi-level consignment structures are common due to the nature of the logistics industry, it is highly likely that discussions will continue surrounding the scope of negotiation responsibilities of higher-level corporations and the mediation role of the government. This case is expected to have a significant impact on wages and collective agreements (wage agreements) in the logistics and distribution industry in the second half of the year. As a precedent is established for top logistics corporations to engage in direct negotiations, there are observations that unions in other industries may make similar demands. There remains controversy over the representativeness of the union, which accounts for less than 10% of the total number of delivery drivers, as the de facto representative negotiating body. Ultimately, this settlement is evaluated as an example that goes beyond a single logistics dispute and exposes the scope of the government's intervention in labor disputes, the negotiation responsibility of upper-level operators, and the negotiating power and representativeness of minority unions. However, some are cautious, saying that it is difficult to view this agreement as a precedent in which the user rights of primary contractors are immediately recognized. Bang In-tae, a lawyer at Daeryun Law Firm, said, "In this case, BGF Logis, not BGF Retail, entered into negotiations," and added, "It is difficult to view this as a case where the use of outsourced contracts across the logistics industry was immediately recognized." He added, "If the number of cases in which the relationship between top logistics companies that set actual logistics operation standards and site borrowers becomes an issue increases, in the future, there is a possibility that it will lead to discussions on the negotiation structure at the industry level beyond individual corporate units." Reporter Hwang Jeong-won (garden@sidae.com)[View full article] To what extent government intervention... Labor policy ‘test bed’ in CU logistics negotiations (link)

The U.S. Customs and Border Protection (CBP)'s International Emergency Economic Powers Act (IEEPA) tariff refund measure has entered the full implementation phase. CBP has established a consolidated refund processing function (Consolidated Administration and Processing of Entries (CAPE)) within the Export and Import Clearance System (ACE) to request a first-stage refund, and refunds will be paid by Automated Account Transfer (ACH). Although many people are relieved that this is an opportunity to get back the tariffs paid in the past, the atmosphere in the field is complex, with expectations and concerns intersecting. This is because there are a lot of tasks that companies must solve, from applying for tariff refunds through the new refund system to responding to the disruptive trade pressure from the United States that will develop after the refund. The first practical issue that must be faced is that this refund is possible only through the company's active application, not through voluntary action by the administrative agency. In particular, CBP strictly limits refund application eligibility to the import declarant (IOR) and the customs broker (broker) designated by the import declarant. Even if the Korean headquarters paid actual tariffs during commercial transactions, you cannot apply for a refund if you are not a document importer. This is because CBP's refund application criteria gives priority to the status of the importer declared on the import declaration rather than the cost-sharing relationship in commercial transactions. Therefore, if differences of opinion that may arise between the head office and local corporations or distributors regarding the subject of ownership after the refund is paid are not settled in a detailed contract in advance, there is a high possibility that the customs duties paid by the Korean company will not be refunded. The criteria for selecting the refund target also require a sophisticated approach. Currently, the first stage of refund is limited to import declaration cases that are unsettled or less than 80 days after settlement. Cases that have passed 80 days after settlement, post-settlement reports (PSC), objection cases (Protest), AD/CVD imposition cases, etc. will be reviewed separately at a later stage. If a company hastily relies on the first stage of application without carefully classifying the status of its import case, it may face the risk of losing its rights due to administrative omissions. In the end, the future task is to manage non-traditional cases that the system does not accept and to prepare for judicial response if CBP refuses refund. A more fundamental threat is the United States' macro trade strategy that lurks beyond the immediate reward of refund. Currently, the US administration is imposing a 10% global tariff based on Article 122 of the Trade Act, and is also conducting an investigation under Article 301 of the Trade Act with unprecedented intensity. The Office of the U.S. Trade Representative (USTR) began a detailed investigation of 16 countries in March last year under the pretext of structural overproduction, and is also putting pressure on 60 countries in relation to forced labor. This policy stance is formally a way to deal with trade issues between countries, but in the actual execution process, it is developed to target the production of individual companies and the overall supply chain. In particular, the U.S. Trade Representative's investigation and follow-up measures target specific countries, but accumulate evidence through cases for each industry and product, and connect this to tariffs and regulations to directly affect the business environment of companies. Accordingly, rather than dismissing this as a simple conflict between countries, companies are required to respond by examining their entire supply chain and transaction structure. Ultimately, the response to this IEEPA phase must go beyond the level of simply acting as a refund application agent. The key is strategic compliance, which involves legally re-examining the commercial settlement structure between the Korean headquarters and the U.S. subsidiary and comprehensively designing how past customs practice data is connected to future trade dispute scenarios. From investigations into structural overproduction to regulations on forced labor, it is time for companies to examine their structural response system, which also foresees chain regulations after refunds amidst the wave of increasingly sophisticated protectionism in the United States. Reporter Lee Dong-oh (canon35@mt.co.kr)[View full article] US IEEPA tariff refund... What are the key issues that companies should not miss? (Shortcut)

Lawyer: "Retaliation agency clients are also instigators... they are punished the same way as executors." Retaliation agency services, which take revenge on others in exchange for money, have become an underground industry and are threatening the social safety net. If retaliatory crimes in the past were accidental acts caused by emotional conflicts between the parties, recently, a warning light has been turned on as they have evolved into an organized business form with division of request and execution. According to the legal community on the 28th, retaliatory agency services that perform location tracking, distribution of personal information, and throwing of residential dirt through anonymous channels such as Telegram and open chat are spreading. The methods are becoming more elaborate, such as disguised employment at a delivery platform outsourcing company and stealing the victim's residence information, and are taking the form of a branch organization in which people who have no contact with the victim are involved in crimes through money. Recently, retaliation agencies have begun to be linked to large criminal organizations. There have also been cases where voice phishing organizations request retaliation agencies to prevent victims from reporting to the police or to pressure them into withdrawing reports. Private retaliation is being used as a tool to protect the profits of a criminal organization. Attorney Kim Yun-joong of the Daeryun Law Firm said, "Retaliation is a serious crime that combines violation of the Personal Information Protection Act and criminal instigation." Even clients who did not commit the crime themselves are classified as instigators under criminal law and receive the same punishment as those who committed the crime. If you are involved in a voice phishing organization, you will be charged with the crime of organizing and operating a criminal group, and if the purpose of hindering reporting is proven, it will be treated as a retaliation crime and severely punished under the Act on the Aggravated Punishment of Specific Crimes (Special Act). Crime experts analyze that due to the nature of anonymous platforms, tracking is difficult and the structure of one-time replacement of executors and maintaining the organization is increasing crime. Attorney Kim emphasized, “In line with the speed at which the crime structure is becoming more sophisticated, it is urgent for investigative agencies to establish an organizational-level investigation and legal response system,” and added, “Victims should actively utilize the public security system, including requests for personal protection, from the beginning.” Reporter Hwang Jeong-won (garden@sidae.com)[View full article] If you give money, they rob you and throw dirt on you... Retaliation agency, industrialized by combining with voice phishing (Click here)

[CU Agreement, Direct Negotiation Test Bench ④ End] A chain of waves can be felt [Editor's note] The labor-management agreement surrounding CU logistics was reached and the conflict was resolved. The effectiveness of the agreement and the normalization of logistics are now key. We look at the meaning of government intervention, the logistics recovery situation, and the impact it will have on other labor disputes. With the logistics dispute between BGF Logistics and Korea Freight Forwarders temporarily resolved, attention is focused on the impact it will have on the logistics industry as a whole. In an industry where multi-level consignment structures are common, as cases of high-ranking logistics corporations engaging in direct negotiations are emerging, demands for primary negotiation from labor unions of other logistics companies ahead of wage and collective agreements (wage agreements) in the second half of the year are expected to spread. According to the logistics industry on the 29th, the CU branch of the Confederation of Democratic Trade Unions (KCTU), the Public Transport Workers' Union Freight Solidarity Headquarters (Cargo Solidarity), the convenience store branch, and BGF Logis held a meeting at the Jinju branch of the Ministry of Employment and Labor at 5 a.m. on this day. A tentative agreement was reached on a collective agreement. BGF Logis is a logistics subsidiary of BGF Retail, which operates convenience store CU. The day before, Minister of Employment and Labor Kim Young-hoon and Rep. Kim Joo-young, secretary of the ruling party in the National Assembly's Climate, Energy, Environment and Labor Committee, visited the site and mediated negotiations. The agreement includes a 7% increase in transportation fees, guaranteed paid vacation four times a year, immunity from civil and criminal charges and cancellation of provisional injunctions for cargo unions, and compensation for the families of deceased union members. Both sides initially decided to hold a signing ceremony at 11 a.m. on this day, but the schedule for the signing ceremony has not been finalized as detailed coordination has not been completed. What the industry is paying attention to is the structure of negotiations. In the early stages of this dispute, the Korean Freight Solidarity pointed out BGF Retail, the main body of CU's franchise business, as a negotiating party, but as the strike continued to prolong, it took a step back by accepting BGF Logis, which is in charge of logistics, as a negotiating party. As a result, this agreement was reached not with BGF Retail, the primary distribution contractor, but with BGF Logis, a top logistics corporation, taking the lead. CU Logistics is usually operated in a multi-level structure consisting of BGF Logis, a logistics center, a local transport company, and individual delivery drivers. In this structure, the direct user and the higher-level corporation with actual operational influence are separated under the contract, so there are conflicting interpretations as to how far the negotiating partner will be viewed in the event of a dispute. Initially, the government also took the position that this issue should be viewed carefully in relation to the usability issue, but the atmosphere changed as confusion on the ground increased due to the prolonged strike. On the 20th, at the protest site in front of the Jinju Logistics Center in Gyeongnam Province, a truck (replacement truck) hit union members, killing one person and injuring two others. In addition to the long-term strike, on-site fatal accidents and damage to stores coincided with the Minister of Employment and Labor and the ruling party members visiting the negotiation site to mediate, and it is interpreted that BGF Logis directly participated in the negotiations in this process. The bases of less than 10% of union members were blocked... The controversy over recognition of representativeness and the fact that key supply chain bases have been shut down only with low organizational ratios are also attracting attention from industry and labor circles. Of the 5,500 CU delivery drivers, it is estimated that 7 to 8%, or 380 to 440, belong to the cargo union. Although its proportion compared to the total article is not large, it is analyzed that negotiation power has increased with the blockade of the Jincheon Logistics Center, which serves as a national hub. Controversy over representativeness also remains. Criticism is being raised about whether it is appropriate for the union to act as the de facto representative bargaining agent in a situation where less than 10% of all delivery drivers belong to the Korea Freight Workers' Union. Issues are also raised regarding whether there was sufficient consultation regarding representation with non-union members and other stakeholders during the negotiation process. The business structure unique to the convenience store industry is also considered a factor in increasing pressure for an early settlement. Convenience store logistics has a high proportion of fresh food, event products, and daily delivery products, so even short-term delivery disruptions can lead to a decrease in sales. Some in the industry estimate that BGF Retail's damage due to this incident is in the range of 5 to 6 billion won. As the situation has entered a controlled phase, the company is faced with the follow-up task of recovering damage to franchisees and preparing support measures. BGF Retail made an official statement on this day and emphasized, "We will closely examine the damage situation and prepare support measures for franchisees as soon as possible." This settlement is expected to have a significant impact on labor-management relations in the logistics industry in the future. As there remains a precedent of higher-level corporations engaging in direct negotiations due to the burden of prolonging disputes, there are observations that demands for similar methods of negotiation are likely to spread during the wage and collective bargaining phase in the second half of the year. There is a possibility that it will be mentioned as a reference case during the discussion on the revision of Articles 2 and 3 of the Trade Union Act, which is pending in the National Assembly. However, some in the legal community and industry are cautiously arguing that this case should not be broadly interpreted as an issue of recognition of the usability of primary contractors in the logistics industry as a whole. Bang In-tae, lawyer at Daeryun Law Firm, said, “In this case, BGF Logis, not BGF Retail, entered into negotiations as a user,” and added, “We need to be cautious in viewing this as an example of acknowledging the use of a primary contract across the logistics industry.” Reporter Hwang Jeong-won (garden@sidae.com)[View full article] BGF-Cargo Solidarity Agreement, Will It Be a Signal for ‘Direct Negotiations’? (Shortcut)