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Recently, voice phishing crimes have become increasingly sophisticated. In the past, there were many relatively simple forms such as ‘loan fraud calls’ or ‘threat calls impersonating prosecutors’, but now it is evolving into a method of using ordinary citizens as ‘tools of crime’. In particular, cases of recruiting people to participate in voice phishing crimes under the names of ‘high-paying part-time job’ or ‘part-time errand job’ on famous job search sites or SNS used by everyone are rapidly increasing. In fact, a client who visited the author not long ago believed an advertisement called “a simple online side job” on a famous social media site. I applied for a part-time job to help the household, and the company requested the client's resident registration card photo, contact information, bank account, etc. for recruitment and work. The client performed this, saying it was a simple task of sending the number '1' at a set time. A few days later, more than 10 million won was deposited into the client's account and then automatically withdrawn. The company's finance team explained that the deposit was for a business test. However, this was a typical voice phishing money laundering process, and in the end, the client realized that he had been involved in the crime without his knowledge, told his family about this, and turned himself in to the police. Clients involved in such crimes often say, “I thought it was simply a case of delivering company money.” However, such acts can be classified as transfer of cannon accounts, withdrawals, or transfers, and can be punished for violating the Telecommunications Fraud Damage Refund Act (Telecommunications Financial Fraud), the Electronic Financial Transactions Act, or the Act on Concealment of Crime Proceeds. This criminal structure is carefully designed, and recently, phishing attempts have been attempted by sending text messages containing URLs to job seekers who approached them after seeing online advertisements such as ‘300,000 won per day high-profit part-time job, working from home’ or by luring them through 1:1 mobile messengers. The number of methods is increasing. Afterwards, they request a copy of your ID card or account information and then use it to commit crimes. In addition, as a typical technique, cash is delivered in the name of ‘transportation of company funds’, ‘salary payment work’, and ‘quick service payment delivery’. Victims either provide personal and account information for money laundering without their knowledge, or become a collection agent or consignment agent, and are ultimately subject to criminal punishment. One of my clients started a part-time job through a close friend's introduction to earn living expenses, and although he was only paid about 1 million won in actual part-time work expenses, he was arrested and tried in custody on charges of acting as a collection agent within a large voice phishing organization. You can come across part-time job recruitment posts on the Internet. You must check whether the company is trustworthy, check the company address, business registration, official contact information, etc., and be immediately suspicious if it asks for personal ID, account information, OTP number, etc. No matter how close you are to an acquaintance, you should not be quick to be suspicious even if they suggest a part-time job with high profits and ask for your account and ID card without telling you the exact details of the job. In particular, it is important to keep in mind that saying, “You just need to hand over the money” or “Please do the banking for me” are representative voice phishing methods. Recently, voice phishing crime has evolved into an organized crime that recruits members based overseas, such as Cambodia and China. It is also advertised as a high-profit part-time job on famous job search sites and SNS, so people who are new to society, students, and job seekers who need quick money are committing crimes without knowing exactly what they are doing. Is involved. Voice phishing is not just a scam, it is a serious crime that destroys trust in the entire society. In order to avoid becoming a victim or participant in crime, you must above all be wary of the sweet temptation of “easy and quick money.”[View full article] [Monday Column] ‘Highly profitable part-time job trap’… The moment you become an accomplice to voice phishing crime (Shortcut)

In the past, fake transfers were considered just a means of getting children assigned to a specific school district. However, recently, it has turned into a serious crime aimed at economic gain, such as real estate fraud or tax evasion. In fact, the number of cases of fake transfers related to transfers discovered by the Seoul Metropolitan Office of Education last year was 102, an increase of about 70% in five years, and related crimes are on the rise, with fake transfers accounting for more than 70% of real estate illegal subscription methods. Attorney Kang Dae-hee of the Daeryun Law Firm emphasized, “Fake transfers are a clear violation of positive law, and it is difficult to avoid criminal punishment if you think complacently and react hastily.” Below are related questions and answers.Q1. How is ‘false transfer’ legally defined, and what is the punishment? What is the legal difference between simple address mismatch and ‘false moving-in’, which is subject to criminal punishment? A: False moving-in refers to the act of filing a false move-in report as if you moved for an unlawful purpose, even though you have not moved your residence according to the Resident Registration Act. According to Article 37 of the Resident Registration Act, it is a serious crime punishable by ‘imprisonment of up to 3 years or a fine of up to 30 million won.’ The key criterion that distinguishes between failing to change address due to a simple mistake and false residence, which is subject to criminal punishment, is ‘the presence or absence of an unlawful purpose.’ A crime is established when a clear intention to obtain benefits not permitted by law, such as a child's school assignment, real estate subscription, or tax evasion, is proven.Q2. Through what channels and methods do the government or investigative agencies mainly detect fake transfers? A: In the past, they often relied on internal reporting or civil complaints, but recently, the detection system has become quite sophisticated. The Ministry of Land, Infrastructure and Transport and local governments constantly monitor abnormal transactions through the Real Estate Transaction Management System (RTMS), and in particular, in areas where subscriptions are overheated, all winners are investigated to determine whether they actually reside there. In addition, it is detected by analyzing the actual living base using big data such as health insurance premium payment history, credit card usage records, and communication records. Q3. I know that there are many cases of fake transfers for the purpose of assigning children to ‘prestigious school districts’, real estate subscriptions, or tax avoidance. Recently, for what purpose have fake transfers become a major problem? A: False transfers for the purpose of school districts still exist, but recently, fake transfers related to real estate speculation are overwhelmingly common. The purpose is mostly to increase the subscription points for apartments in the metropolitan area or overheated speculative districts, or to obtain special supply qualifications given to residents of specific areas. In addition, false transfers for the purpose of tax avoidance, in which a false address is transferred to a house that is not actually occupied in order to receive exemption from capital gains tax for one house per household, are also treated as a serious problem.Q4. There are cases where the line between living in a different place due to employment, etc. and clearly illegal moving in under false pretenses is unclear. What is the most important standard to legally distinguish between the two? A: According to the Supreme Court precedent, when the address on the resident registration and the actual residence are different, the standard for distinguishing between legal and illegal is where the ‘substantial basis for living’ is. For example, if a couple spends a weekend as a couple due to work or temporarily stays in another area due to their children's studies, there is a high possibility that the base of living is at the original address where the family is. However, regardless of the location that is the center of family, social, and economic activities, if the address is moved solely for the purpose of obtaining specific benefits, this clearly constitutes a disguised transfer. In the end, the ‘purpose and intention’ of address transfer becomes the most important criterion for judging legitimacy.Q5. If you are suspected of false registration and are under investigation, what is the first thing the suspect should do? Can the level of punishment be lowered if the crime is voluntarily reported or the period of residence is short? A: First of all, you should avoid making hasty statements and organize the facts with the help of a legal expert. Attempting to unconditionally deny the charges or destroy evidence may result in unfavorable results. Voluntarily reporting a crime serves as a very important sentencing reduction factor during the investigation and trial process. In addition, if you can prove with objective data that the period of false registration is relatively short and that the actual benefits obtained through it are not significant, you can increase the possibility of receiving leniency such as a fine or probation. Reporter Son Dong-wook, Lawleader, twson@lawleader.co.kr [Solution] Aiming at ‘LH, prestigious schools, tax evasion’... Punishment and countermeasures for false transfers (Go here)

Daeryun Law Firm is expanding the application of Legal Tech in the legal market by introducing technology-based systems such as artificial intelligence (AI) and mobile platforms throughout the entire legal service process. It appears to be focusing on using technology to increase customer convenience and standardize service quality between branches across the country. Daeryun announced on the 11th that it is operating a technology-based system throughout the entire process from initial legal consultation to case closure. During the consultation process, 24-hour basic legal consultation services are provided through 'AI Daeryun', an AI-based consultation system. This enables immediate consultation even at night or on weekends, and is later used as basic data for actual consultation with lawyers, contributing to shortening the first response time and maintaining consultation quality. In the case implementation stage, the mobile-based service platform 'MY Daeryun' is introduced and utilized. Through the app, clients can immediately communicate with their attorney and process case progress status, scheduled schedule, and submission of necessary materials in real time. Daeryun announced that customer satisfaction has significantly increased since the introduction of 'MY Daeryun'. Daeryun operates its own integrated case management system to unify the processing standards for all cases received at 36 state/branch offices nationwide. All incident information is automatically linked to the central server, and progress stages and responses are recorded according to the internal standardization system. It was built with the purpose of providing legal services of the same quality without regional variation. This technological infrastructure is expected to serve as a core competitiveness in Daeryun's global strategy. Daeryun has currently opened SJKP Law Firm at the World Trade Center in Manhattan, New York, USA, and is structuring the AI ​​and mobile-based systems being used domestically so that they can be used overseas as well. Daeryun CEO Kim Kook-il said, "Legal Tech is a means of helping lawyers focus more on their clients," and added, "We will continue to innovate in the domestic and international legal markets through technology-centered legal services." Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] Daeryun Law Firm introduces AI platform... Acceleration of ‘Legal Tech’ (Shortcut)

On the 7th, the ‘Special Act on Support for Busan Maritime Capital Relocation Institutions’ (hereinafter referred to as the Special Act) was passed by the National Assembly’s Agriculture, Food, Rural Affairs, Oceans and Fisheries Committee. It has great symbolic and practical significance in that it has created a hybrid model that can simultaneously realize balanced national development and the simultaneous growth of the maritime industry. This bill aims to promote balanced development of the country by decentralizing the administrative and industrial structures concentrated in the metropolitan area, and at the same time establish a new growth axis for the Republic of Korea by strengthening the competitiveness of the maritime industry centered on Busan. In particular, this special law is the result of cooperation that transcends the ruling and opposition parties and incorporates the contents submitted by Kim Tae-seon (Ulsan-dong) of the Democratic Party, Kwak Gyu-taek (Seodong-gu, Busan), and Cho Seung-hwan (Busan Jung-yeongdo) of the People Power Party. This is a symbolic scene that declares that beyond political factions and interests of specific regions, there was a bipartisan consensus on the call of the times for Busan to be Korea's new growth axis and the center of the maritime capital. Busan Port, the former center, is the world's second-largest transshipment port and seventh-largest container port as of 2024, and is the undisputed logistics hub of Northeast Asia, handling 24.4 million TEU of containers and 13.5 million TEU of transshipment cargo annually. As such, the core of this special law is to lay the foundation for the systematic growth of the 'Buul-Gyeong Marine Economic Zone', which is the heart of Korea's maritime industry and where the offshore plant market worth 230 trillion won is concentrated, centered on the site that is taking a leap forward as a smart port with the opening of the country's first fully automated dock in April 2024. To this end, the special law broadly stipulates support measures such as support for the relocation costs of the Ministry of Oceans and Fisheries, stable housing for government officials, education for children, and improvement of living conditions. In addition, by establishing a new marine specialized district system, it was possible to create a marine industry complex cluster that combines administration and industry, thereby laying the institutional foundation for Busan to establish itself as the ‘Maritime Capital of the Republic of Korea’ in name and reality. If the National Assembly quickly completes the Legislation and Judiciary Committee and plenary proceedings, the Ministry of Oceans and Fisheries will complete its relocation to Busan within 2025, and Korea will set an important turning point toward becoming a true maritime power. In order for this important decision to lead to the practical result of dominating the $3 trillion global maritime market by 2030, it is necessary to quickly complete the legislative process for the special bill as well as follow-up legislative processing. This is because in order to be called a true maritime capital, it must be filled with actual administrative authority by transferring shipbuilding and offshore plant policy functions, rather than simply moving the signboards of ministries. The capabilities of all entities must be brought together, including active participation from industry and academia to successfully establish ‘Marine Capital Busan’ on a new legal basis, strategic support from the financial sector to attract domestic and foreign investment, and professional assistance from the local legal community to legally support all of these processes. The process of completing all these tasks is the path to establishing Busan as Korea's undisputed maritime capital and a successful model for balanced national development, and it is the path to laying a solid foundation for Korea's new prosperity. Park Dong-il, representative attorney at Daeryun Law Firm[View full article] [Contribution] Busan Maritime Capital Special Act opens a new path for balanced national development (Shortcut)

Daeryun Law Firm’s main office located in Park One, Yeouido, Seoul. Just past 8 a.m., the conference room door opens and lawyers from Daeryun branch offices located throughout Seoul take their seats one by one. Each person holds a case record in their hands. Attorneys Woo Jin-gyu, Chae Won-hyeop, and Park Jeong-gu attended the meeting that day. The person leading them is Chief Attorney Ahn Kwon-seop. He has led the prosecution practice in the special, violent, and general criminal fields for 25 years. After joining Daeryun, he is directly leading the cases received from all over the country. The case on the table that day was a group sex crime case that occurred in a local area. In Daeryun, where offices across the country are connected through a single network, ‘local incidents’ do not remain ‘local affairs’. In this case as well, four lawyers with extensive experience in sexual crime cases gathered together. “In this case, the key evidence was secured early, so we need to set a clear direction in the first investigation,” Attorney Ahn said, and Attorney Woo nodded and agreed, saying, “The client is also psychologically sensitive as a suspect. I think the explanation process needs to be designed more carefully.” Attorney Ahn, who is in charge of the practice, is famous for carefully examining case records within the company. Even on days when there is no trial scheduled, there is always a thick pile of record files at his desk. Attorney Ahn said at the meeting that day, "There is always a person's life behind a case. Understanding and empathy for people are ahead of the law. What is as important as winning a case is trust. Because the trust with the client built in that way becomes a lifelong asset." The most important thing for Attorney Ahn is communication with the client. He believes that since clients involved in lawsuits are inevitably anxious every day, it is important for the lawyer in charge to clearly explain the flow of the case first. He said, "I think it is basic to explain first before the client asks. If communication is cut off, no matter how faithfully the writing is written, trust will be lost." He said that he feels most rewarded when clients keep in touch with him even after the case is over. He emphasized several times that trust is built through the process, not the result. Even after the meeting is over, the lines at the national office are always busy. Case records are shared in real time through an integrated management system, and regional lawyers frequently access online meetings. Daeryun's case handling process is the force that makes 36 offices across the country operate as one organization. Attorney Ahn's philosophy that "trust is built in the process, not the result" ultimately encapsulates the direction Daeryun pursues in one word. Reporter Kwon Byeong-seok (bsk730@fnnews.com)[View full article] “Behind an incident, there is always a person’s life” A glimpse into the morning of Daeryun Law Firm (Shortcut)

In order to complain about noise between floors, she went to the house above her and said, "I will find out about the daycare she goes to." Prosecutors say, "I don't see any use of profanity or force... I can't conclude that there was any harm in the remarks." A woman who was handed over to the prosecution on charges of making threatening remarks to a neighbor's child who was having a conflict over noise between floors was acquitted. The Uijeongbu District Prosecutors' Office decided not to indict Mr. A, in his 30s, who was sent on charges of threats on the 17th of last month. Around June, he was accused of going upstairs to complain about the noise between floors and threatening his neighbor B's child, saying, "I will find out which daycare center you go to." Mr. A denied the charge. He claimed that he only went there to request that the noise between floors be reduced, and that there was no intention to threaten him. At the time, Mr. B refused the request, saying, "The child is young and cannot understand," and countered that he had made the statement to confirm the facts. The prosecution refuted Mr. A. A non-indictment decision was made. The prosecution said, "We have not confirmed that the suspect cursed at the victim or used physical force," and added, "It is difficult to conclude that there was a specific notice of harm to the children in the suspect's remarks." Attorney Jeong Jae-bong of Daeryun Law Firm, who represented Mr. He explained, “The decision must be made by taking into account the circumstances before and after,” and “By explaining the noise situation between floors that Mr. A was experiencing and the content of his repeated requests to Mr. B to refrain, we proved that there was no intention of intimidation in the remarks.”#Interfloor noise #Threats #Prosecution judgment #Incidence Park Seok-ho (haitai2000@ikbc.co.kr)[View full article] I went to complain about noise between floors... Person in his 30s sent on suspicion of intimidation (link)

Ministry of Health and Welfare, Promoting the enactment of the Basic Health and Medical Data Act Conflicts and conceptual confusion in the existing legal system 先It must be resolved so that our country can have a world-class health care infrastructure and 5000Massive electronic medical records of over 10,000 people(EMR)It is a country with. However, this valuable data resource is trapped in a complex legal system and is not utilized properly. 'data paradox'are trapped in.To overcome this, the Ministry of Health and Welfare will function as a basic law on the use of health and medical data. 'Act on Promotion of Digital Healthcare and Utilization of Health and Medical Data(Hereinafter referred to as the Digital Healthcare Act:)' We are once again pushing for the enactment.. In order for this law to be successfully established, the fatal consistency problem of the existing legal system must be resolved prior to enactment.. 'data paradox' Will this be a stepping stone to escape? The root cause of the current lack of utilization of healthcare data in Korea is 2020year data 3Conflicts between laws and conceptual confusion have intensified since the law was revised..Bioethics law in practical settings such as clinical research(Clinical research jurisdiction)and Personal Information Protection Act(Introducing the concept of pseudonym processing)This was applied simultaneously and a conflict of regulatory jurisdictions arose.. Under the Bioethics Act 'Anonymization' The concept is different from the internationally accepted anonymization process and at the same time has an ambiguity that encompasses the concept of pseudonym processing under the Personal Information Act.. This conceptual confusion is caused by the European Union(EU) Personal Information Protection Act(GDPR) Before and after implementation 2018since 7The need for improvement has been pointed out for over a year., It is an age-old problem that has never been resolved..In the field, extreme confusion arose over which legal standard should take precedence., Established under the Personal Information Act 'Guidelines for using healthcare data'remains as a non-legally binding administrative guideline.. 2018year or 2020If there had been a process of coherently reorganizing existing laws in 2012, industrial development would have accelerated much more.. This is an example of an example where, even though regulations have been relaxed, the burden on companies has actually increased due to the lack of consistency between laws..The digital healthcare law is 'rooftop house' not regulation, Correcting the existing fragmented relationship between laws 'system maintainer'must carry out its mission as. The true success of this law lies not in simply enacting a new law;, To comprehensively resolve conflicts between existing laws 'Legal and institutional resilience'This means that it depends on. 'Data use' activate vs Balance between protection The Ministry of Health and Welfare must implement a law that balances the conflicting values ​​of activating data use and protecting it.. Measures to provide transparency and strengthen data control rights for data subjects, especially in relation to commercial use, For example, my data-based dynamic consent(Dynamic Consent) We can consider ways to secure public trust by finding a method..High-value-added use can be promoted only when data that has undergone minimal data processing can be safely collected with the consent of the public.. This will become a key driver in accelerating the use of sensitive healthcare data.. This is why the Digital Healthcare Act seeks to legally establish strong protection measures by providing additional consent for high-risk sensitive information and specifying penalties for re-identification attempts..The Digital Healthcare Act must provide a definition of the highest concept that resolves the conflict between the concept of pseudonymization under the Personal Information Act and the concept of anonymization under the Bioethics Act.. In addition, the utilization standards and deliberation procedures that were existing administrative guidelines were absorbed into legal sub-regulations to provide a legal basis., We must completely eliminate uncertainty in the field by increasing the stability of regulations.. EMR Through standardization, the data between the rich and the poor must be overcome. EMR Standardization is an essential element that accelerates the use of data, such as transfer and combination.. However, difficulties in securing budget, Varieties of Terminological Standards, Various by institution EMR Progress was slow compared to its importance for various reasons, including the format..Insufficient standardization is at tertiary general hospitals and small and medium-sized hospitals., It deepens the informatization gap between lawmakers and causes data to create a phenomenon where the rich get richer and the rich get richer.. For startups and small businesses, it is difficult to enter the market due to high initial barriers during the data collection process.. In the end, like in the United States, each agency collects large-scale data on its own or, As it is now, it results in dependence on government-led national projects, which acts as the root cause of slowing down the development of related industries..In the Digital Healthcare Act, the Minister of Health and Welfare EMR Establish the basis for establishing and announcing standards for efficient management of the system, The government should be able to provide strong policy momentum to standardization work by preparing detailed policies based on this.. If the Digital Healthcare Act is successfully enacted, data-based precision medicine, artificial intelligence(AI) diagnostic aid, This will be an institutional watershed in which customized health care services are introduced in earnest into medical settings.. However, this presupposes that the Digital Healthcare Act properly maintains the consistency of existing laws..20262018 is an important turning point in Korea’s digital healthcare.. This time, if we only increase regulations while ignoring conflicts between laws and confusion over concepts,, Even though we have world-class medical infrastructure, we will repeatedly fall behind in competitiveness in data utilization..This time, we must complete a consistent medical data law system. 2018since 7I need to get back the time I lost over the years.. Securing legal consistency is the key to the success of the Digital Healthcare Act.. <Hankyung Law&Biz Author> Seohyung Lee, attorney at Daeryun Law Firm [View full article] 50 million pieces of medical data that have been dormant for 7 years... Digital healthcare law awakens [Daeryun’s Biz law forum] (Shortcut)

Kim Kuk-il, director of the ‘Manbo Dream Challenge’ with the developmentally disabled, said, “We will expand the expertise of Daeryun Law Firm to social responsibility. ‘Inyeonbeop’, a public interest corporation established by Daeryun Law Firm (Limited), announced that it has started its first official social contribution activity. Inyeonbeop participated in the ‘1st Manbodream Challenge’ held at Yeongdeungpo Park in Seoul on the 1st and participated in a donation campaign with developmentally disabled people and volunteers. ‘Manbodeream Challenge’ It is an event hosted by the Dream Plus Support Center and sponsored by the Lottery Committee, Donghaeng Lottery, KORAIL, Yeongdeungpo-gu Social Welfare Council, Lunch For You, etc. It is a donation program in which when participants complete a 10,000-step walking course, one set of sharing packages is delivered to the local community per person. At the event, about 170 people, including 60 people with developmental disabilities, volunteers, and guardians, participated and completed the walking course and participated in donations. Director Kim Kook-il said, “This Manbo Dream Challenge is the starting point of solidarity walking with neighbors in need,” and added, “It will become a practice model that expands Daeryun Law Firm’s expertise into social responsibility.” He added, “We will continue to carry out customized public interest projects for the underprivileged through regular volunteer work and regional connection programs.” Earlier this year, Daeryun Law Firm established the public interest association ‘Neonbeop’ and conducts public interest activities for the underprivileged who are in the blind spot of the law. It began in earnest. ‘Relationship Law’ is a name that combines ‘relationship’, which refers to the relationship between people, and law, and contains the meaning of strengthening social solidarity and realizing public value within the bounds of the law. The first chairman of the board was former Prosecutor General Kim Oh-soo, and was officially designated as a non-profit public interest corporation on September 30 after approval from the Ministry of Justice. In the future, ‘Relationship Law’ will provide social services such as single-parent families, the elderly living alone, and the disabled. We plan to expand public interest activities through legal counseling, litigation support, and regular volunteer and sponsorship programs for vulnerable groups. In addition, we plan to cultivate legal professionals who contribute to the public interest through mentoring and internship programs for law majors and law school aspirants, and build a sustainable social contribution system based on this. Reporter Park Jun-sik parkjs@wowtv.co.kr[View full article] Korea Economic Daily - “The first step toward sharing, walking together”... Relationship Law, a public interest corporation, social contribution activities (Go here) Seoul Shinmun - “The first step toward sharing”... Relationship Law, a public interest corporation, social contribution activities (Go here) Tax and Finance Newspaper - About 170 people participated in the ‘Manbo Dream Challenge’ with public interest corporation, ‘Manbo Dream Challenge’ (Go here) Legal Times - [Law Firm iN] Daeryun Establishment, Participation in ‘Manbo Dream Challenge’ (Go here)

Cyber ​​hackers hidden behind the anonymity of online platforms and reckless violations of personal rights by malicious commenters are exceeding the level of danger. The spread of false facts and defamation indiscriminately inflicted not only on celebrities but also on the general public and companies is causing enormous psychological and material damage, but the reality that it is difficult to identify the perpetrators is causing a deep sense of helplessness in the victims. Recently, a series of incidents in which the identities of YouTuber 'Pteokga' and the operator of 'Taldeok Camp' were revealed and they were held legally responsible have created an important inflection point in this hopeless situation. The identity of overseas platform users, who were virtually impossible to track through domestic judicial procedures alone, was secured through the U.S. federal court's discovery system. This sent a strong message to the market that one could no longer be safe behind the shield of anonymity. Until now, when a complaint was filed with a domestic investigative agency to identify a suspect, the investigative agency requested international cooperation and specific information could only be received when the overseas platform arbitrarily determined that a response was necessary. For this reason, due to the nature of the U.S. legal system, which does not consider defamation or insult as a crime when facts are stated, it was common for the provision of information to be refused or to take several years. In this situation, discovery procedures based on Title 28, Article 1782 of the U.S. Federal Code (28 U.S.C. §1782) are emerging as a very effective means of collecting evidence for foreign litigants. In fact, according to the industry, the use of this system is increasing, to the extent that dozens of related lawsuits have already been filed this year. In other words, by using this system, identifiable data such as IP addresses, subscriber information, and access records of anonymous users can be legally obtained from companies in the United States that do not have direct coercive power in foreign court procedures, and this can serve as a decisive clue to prove the facts in overseas lawsuits. In this process, not only individuals but also companies and public institutions can suffer defamation, damage to credit, and leaks of trade secrets. The number of cases of damage such as this is increasing. It also has a huge social impact, such as damaging the corporate image in real time or reducing the trust of public institutions. Nevertheless, it is difficult to delete content based on overseas servers or verify the identity of the creator through domestic procedures alone, delaying actual damage relief. This reality shows that companies and public institutions also need to have systematic digital risk management and a response strategy that utilizes the global legal system (e.g., U.S. Article 1782, etc.). So what preparations are needed to effectively respond to online defamation through the evidence discovery system? First, the legal requirements required by Federal Law Article 1782 must be met. When filing an 'application for discovery of evidence for foreign litigation' in a U.S. court, it must be legally explained in detail that ① the subject with the information (platform company) exists within the jurisdiction of the relevant court, ② the applicant is a party with an interest in the lawsuit in a foreign country, and ③ the information requested is absolutely necessary for the damages claim lawsuit to be conducted domestically. In particular, during this process, the U.S. court focuses on whether the act constitutes an illegal act or crime under the laws of Korea, the applicant's country. In other words, the key is to systematically prove the illegal act or crime to the U.S. court using facts, evidence, and related precedents based on Korean law. Ultimately, this process requires organic legal and procedural cooperation between Korean and American lawyers. Next, it is necessary to establish an integrated strategy that takes cost and time efficiency into account. The evidence discovery procedure has a complex structure that organically connects the Federal Law Section 1782 lawsuit in the United States and the main lawsuit that will be held in Korea after securing identity. In the past, the dual structure of requesting cases to a local U.S. law firm and a domestic law firm, respectively, resulted in costs of hundreds of millions of won and communication inefficiencies, but recently, it has become possible to dramatically reduce costs by carrying out procedures in one stop through a law firm directly managed in the U.S. What's even more encouraging is that the identification of an anonymous user can be processed quickly, taking less than two months, and actual damage relief is possible. Now that the online ecosystem has become the center of our lives, protecting yourself from anonymous attacks is no longer a choice but a matter of survival. Although difficult procedures and unpredictable variables still exist, actively using advanced legal means such as the discovery system will be the most reliable strategy to prevent online illegal acts in advance and actively protect one's rights, beyond simple post-event response. Small Business Team[View full article] Controversial cyber wrecker... What is the U.S. discovery system that can secure evidence collection? (Shortcut)

The group's lawsuit filed on the grounds that the group's request for moral responsibility from the group's chairman and others for unfair dismissal and unpaid wages that occurred at an asset company under the group amounted to defamation was also dismissed by the appeals court. According to the legal community on the 9th, the 5th Civil Division of the Busan High Court (Chief Judge Jae-wook Lee) dismissed the appeal of the defamation suit filed by Ongroup Foundation Chairman Jeong Geun and Ongroup Medical Foundation Chairman Yoon Seon-hee against four dismissed Ongroup Asset employees. In the first trial, which was sentenced on March 26, the court also dismissed Ongroup's claim. Ongroup has argued that its image was tarnished by false issues raised by employees. The intention is that even though ‘Ongroup Asset’ notified the employees of the dismissal, responsibility was passed on to ‘Ongroup’. Ongroup Asset is an asset management company established in August 2023, and the largest shareholder is Ongroup. Ongroup Asset was closed down due to difficulties in registering as an asset management company. Meanwhile, in January of last year, the company fired its employees with a single text message saying, “Due to management difficulties, we will be closed indefinitely and are being laid off.” Employees held a rally against Chairman Chung and others to stop layoffs and liquidate unpaid wages worth 42 million won. The illegality of the unfair dismissal case was recognized in April last year when the Busan Labor Relations Commission accepted the employees' request for relief. The first trial court determined that responsibility for the unfair dismissal lies with the shareholders or affiliated companies (Ongroup) who decided to suspend Ongroup Asset. Chairman Chung and Chairman Yoon each own 25% of Ongroup Asset, and Ongroup owns 50%. Based on this, the court judged that it was highly likely that the decision to suspend business was based on their wishes and did not accept the claim. Lawyer Jeong Woo-young of Daeryun Law Firm, who represented the employees, said, "The employees have never expressed that Ongroup was the party to the non-payment of wages. However, they only asked Ongroup, the majority shareholder, to take responsible action." explained. Reporter Shin Sim-beom meets@kookje.co.kr[View full article] Ongroup appeal filed for defamation in response to request for “responsibility for non-payment of wages” dismissed (link)