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“With abundant investigative experience and case analysis capabilities, we have strengthened our criminal response capabilities.” Daeryun Law Firm recruited former Seoul Western Police Station Chief Yeon Myeong-heum (34th class of the Judicial Research and Training Institute) as its chief general attorney and strengthened its criminal response capabilities. Attorney Yeon Myeong-heum started out as Chief of Investigation at Yangcheon Police Station in Seoul in 2007 and has held key positions such as Special Investigation Chief of Seoul Metropolitan Police Agency, Chief of Anseong Police Station in Gyeonggi Province, and Chief of Seoul Western Police Station. It was rough. While serving in the police force for over 20 years, he directly investigated and commanded major criminal and economic crime cases, such as large-scale apartment remodeling corruption and pseudo-gasoline manufacturing cases, and is evaluated as a person with field sense and expertise. In particular, he showed a strong presence in the inspection field by playing an active role in various difficult cases such as cybercrime investigation into a North Korean hacker organization, illegal receipt of solar power subsidies, and corruption of personnel managers in metropolitan cities. In addition, Attorney Yeon served as the chairman of the 2015 police promotion exam preparation committee. He also contributed extensively to internal police training, including counseling on legal issues for police officers across the country. In addition, he taught constitutional trial lectures at the National Police University and solidified his position as a legal expert connecting investigative agencies and judicial agencies. Attorney Yeon said, "I now want to implement the experience I have accumulated in the investigative field into legal services to protect the rights and interests of the people at Daeryun, a large law firm. I will fulfill my role as a practical lawyer who can penetrate the essence of disputes and respond quickly and elaborately." Daeryun CEO Kim Kuk-il said, "Attorney Yeon is a talented person with long practical experience and expertise who is leading various cases. “Daeryun is a talented person with deep judgment and insight,” he said. “Daeryun’s criminal response capabilities have been further strengthened with the addition of Attorney Yeon, who has extensive investigative experience and case analysis ability.” Meanwhile, Daeryun operates a detective group and special action headquarters to respond to high-level criminal cases such as violent, economic, and public crimes, and is building a client-centered rapid response system from the beginning of the investigation to the trial stage. Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic Daily - Daeryun Law Firm recruits former Seoul Western Police Chief Yeon Myeong-heum (link) Sejeong Ilbo - Daeryun Law Firm recruits former Seoul Western Police Station Chief Yeon Myeong-heum as ‘Best General Attorney’ (Go here) Segye Ilbo - Daeryun Law Firm recruits former Seoul Western Police Chief Yeon Myeong-heum (link) Legal Times - [Law Firm iN] Dae-ryun, former chief of Seoul Western Police Station, joins Yeon Myeong-heum (link)

Daeryun Law Firm announced on the 17th that it has signed an MOU with Medicos Biotech, a biomaterial developer, for legal stability in the bio industry and entry into the global market. Daeryun Law Firm signed an MOU with Medicos Biotech, a biomaterial developer, for legal stability in the bio and beauty industry and entry into the global market. At the signing ceremony held at Daeryun's Seoul office on the 11th, Daeryun CEO Kim Kuk-il, attorney Son Dong-hu, and Daeryun's U.S. attorney Kyle Courtnall, Tal. Hirshberg attended, and CEO Kim Soon-cheol of Medicos Biotech was present. Medicos Biotech Co., Ltd. is a specialized company that develops functional biomaterials and possesses stem cell and immune cell-based source technology, and has accumulated global-level R&D capabilities in various fields such as anti-aging, immune enhancement, and skin regeneration. In particular, we are continuously expanding our export base centered on the Asian and North American markets based on medical beauty, functional health functional foods, and pharmaceutical-bio convergence solutions, and recently, we are entering the global health tech market in earnest through the development of a customized healthcare platform based on precision medicine technology and AI analysis. Daeryun Law Firm provides a variety of legal advice, including medical dispute mediation, administrative litigation, new medical technology evaluation, and non-face-to-face treatment, focusing on the medical pharmaceutical group, which has many lawyers with doctor and pharmacist qualifications. In particular, bio startups often have difficulty obtaining advice necessary for business operations such as law, labor, tax, and accounting, but Daeryun is supporting bio startups in various ways through a total program. Through this MOU, the two organizations provide ▲ legal risk diagnosis and advice related to functional bio materials and medical beauty technology, ▲ consulting on establishing a bio data and personal information protection system and response to international regulations, and ▲ consulting on overseas licensing strategies such as the FDA and EMA. We plan to promote domestic and international integrated cooperation tasks such as linking with the global partnership network, ▲ raising global legal awareness and policy proposals in the biohealth field by holding joint seminars and forums, and ▲ providing labor, tax, and accounting advice necessary for business operation. Kim Soon-cheol, CEO of Medicos Biotech, said, “Commercialization of biotechnology must be achieved not only with scientific evidence, but also with securing legal credibility that meets international standards.” “We will push for commercialization more firmly,” said Kim Kuk-il, CEO of Daeryun Law Firm. “Legal risk management in the global market is key in the bio industry due to regulatory differences between countries and complex licensing procedures,” and “Daeryun will work with us as a strategic partner beyond legal partnership to ensure that Medicos Biotech’s innovative capabilities achieve stable and sustainable growth at home and abroad.” Reporter Son Dong-wook, Law Leader, twson@lawleader.co.kr Daeryun Law Firm and Medicos Biotech MOU for ‘Biohealth Global Market Legal Support’ (Click here)

Recently, US visa and immigration policies have become more stringent. This is because the Trump administration is maintaining its stance of welcoming foreign investment, but is further expanding crackdowns on violations of the purpose of stay, such as illegal stay. This trend is acting as a variable that increases uncertainty for both companies and workers wishing to enter the U.S. market. On the 4th local time, U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) conducted a large-scale crackdown at a factory in Georgia and arrested about 450 people. Many of these were not illegal immigrants but Korean workers who entered the country legally through a short-term business visa (B1) or Electronic System for Travel Authorization (ESTA). The problem was that although he entered the country under the pretext of a business trip, he was actually engaged in field work. In the end, they were detained on the grounds that their purpose of stay was different from their actual activities. As a result, the company faced a situation where key personnel suddenly left and the project was halted or planned factory construction was delayed. Although the government mobilized charter flights to support the return home, the confusion caused by administrative procedures was not easily resolved. The essence of this situation lies in the uncertainty of the system. The U.S. government is citing the justification of expanding investment and attracting talent, but at the same time tightening the reins of crackdown. Visas that allow you to legally work in the United States include L1/E2 (expatriate visa) and H-1B (professional work visa), but both require complicated preparation and take a long time to be approved. In particular, the quota for H1-B is limited every year, so even if you meet the requirements, you will not get a chance if you are excluded from the lottery. If this situation is repeated, key industrial projects entering the US market, such as semiconductors, secondary batteries, and shipbuilding, may be shaken. In particular, in the semiconductor and battery fields, which are highly dependent on field engineers, the risk of crackdowns is very likely to lead to production disruptions. For a US visa, one small mistake during the application process can lead to fatal results. Typos on the visa application form (DS-160), ambiguous answers in interviews, and even past posts and ‘likes’ on social media are subject to review. Family sponsorship visas are also immediately rejected if the financial requirements are not met. In the end, it is essential to prepare in advance for a visa that suits the characteristics such as H-1B, L1·E2, and O1 (artist visa), and differences in interpretation and political variables that may arise in the process must also be taken into consideration. Therefore, strategic plans must be sought before application to ensure thorough preparation. It is essential to ensure consistency in all documents, including application forms, employment contracts, financial evidence, and educational and career records, and to thoroughly prepare interview questions and answers. It is also important to have a system in place to compensate for unfavorable factors in advance and respond quickly to requests for additional documents. The United States is a center where the world's capital and talent flock. But the threshold is getting narrower. Strict regulations, strengthened crackdowns, and unpredictable policies are forcing companies and workers into an increasingly unstable environment. In the current environment, where related regulations and procedures are expected to be further strengthened for the time being, the basic action that companies and workers can take is to make visa issues a top priority for 'risk management'. Small and Medium Business Team[View full article] US visa system growing uncertain... ‘Risk management’ should be the top priority (Go here)

On the 4th, the Daegu Police Agency announced that it had arrested 17 people, including the sales manager and transporter, on charges of distributing drugs smuggled from overseas throughout the country through Telegram. Last month, the Busan Northern Police Station arrested and sent five people who transported drugs from Cebu, Philippines using the ‘throwing’ method. As seen in the above case, the number of domestic drug cases is rapidly increasing. The number of domestic drug offenders caught increased by nearly 145% in 10 years, from about 11,000 cases in 2015 to 27,000 cases in 2023. In drug cases, as heavy punishment is expected for simple possession, assistance from legal experts and lawyers with extensive relevant experience is needed. Lawyer Park Seong-dong of Daeryun Law Firm said to the suspects involved in such cases, “In organized drug distribution cases, you must “The key is to clearly distinguish and defend the level of participation and role, so it is important to thoroughly explain the facts through legal assistance to avoid being unfairly and excessively responsible,” he said. Attorney Park graduated from the National Police Academy and served as chief prosecutor of the Seoul High Prosecutors' Office. Below is a Q&A with Attorney Park. - Punishment for drug distribution and trafficking crimes. ▲ Drug trafficking and distribution are punished much more severely than general possession or administration. In the case of hallucinogenic substances such as marijuana, you can be punished by imprisonment for up to 5 years or by a fine of up to 50 million won. In particular, the punishment for psychotropic drugs such as methamphetamine, ecstasy, and ketamine is more severe. You can be sentenced to up to 10 years in prison or a fine of up to 100 million won. If the number of transactions is high or the nature of the crime is serious, imprisonment for life or more than 10 years is possible. - The first thing a suspect involved in drug distribution and trafficking crimes who is about to be investigated by the police for the first time must do. ▲ Understand the serial nature of the investigation. The ultimate goal of an investigative agency is not simply to arrest one person, but to thoroughly eliminate sales tactics and higher-ups. Therefore, you may be quick to give in to the drug investigator's cajoling and make comments that are unfavorable to you, so you should consult with a legal expert before answering. If you have taken drugs, rather than unconditionally denying the charge, you should turn to a strategy of asserting that there is no ‘recidivism’. -What evidence can be advantageous to submit at trial? ▲Reflection and petition, data showing willingness for treatment and rehabilitation, recidivism prevention plan, investigation cooperation data, etc. In particular, it is important to sincerely explain that drug-related crimes have the possibility of returning to society. - It is said that there is a reward if you report it before you are involved in a drug crime. ▲ Compensation is paid to those who report or report the crime to an investigative agency or arrest the criminal before the drug crime is discovered. In order to receive compensation, it is necessary to submit an application for compensation payment to the Minister of Justice through the chief prosecutor of the local prosecutor's office. Even if the criminal is not arrested and only the drugs are confiscated, compensation can be received within the upper limit, which ranges from a minimum of 1 million won to a maximum of 300 million won. Reporter Kwon Byeong-seok (bsk730@fnnews.com)[View full article] In drug cases, the assistance of legal experts is important... What does the lawyer say about punishment for the case? (Shortcut)

Bankruptcy is a criminal risk, and rehabilitation is about securing sales. Expanding the utility of rehabilitation with the 'Comprehensive Consideration Act' and 'Pre-ARS' Bankruptcy procedures that deal with the bankruptcy and rehabilitation of corporations are an unfamiliar and difficult area to approach. Since it is a matter that depends on the survival of the company, the actual benefits must be comprehensively considered, from the debtor's debt settlement to the creditor's losses. Practical experts advise that a quick decision is needed if a company is judged to have entered the bankruptcy stage. This is because the longer the situation is dragged out, the lower the realistic possibility of revival, and the individual representatives may also be exposed to legal risks. When a company has a certain amount of cash, it can handle issues such as tax issues, worker wages, and severance pay. This year, as institutional changes related to bankruptcy procedures continued, the scope of use of the rehabilitation system also expanded.Advised Kim Won-sang, head of Daeryun Law Firm's Rehabilitation and Bankruptcy Center, in the field of rehabilitation and bankruptcy., procedure, Learn about systems, etc.. The following is a Q&A with Attorney Kim.. -Please introduce your current work and field at Daeryun.. △Mainly responsible for corporate rehabilitation and bankruptcy.. The field may be unfamiliar, but broadly it refers to restructuring., Narrowly, it refers to corporate rehabilitation and bankruptcy as stipulated in the Debtor Rehabilitation Act.. -I am curious about the characteristics of advice in this field.. What should I pay special attention to?. △Basically, bankruptcy proceedings are a matter of how to pay off the debtor's debts.. Bankruptcy and rehabilitation are similar but different paths., Bankruptcy is the process of destroying a corporation, and rehabilitation is the process of reviving it.. There are two ways to dissolve a corporation: dissolution and liquidation and bankruptcy.. When a corporation's assets are greater than its liabilities, shareholders also receive benefits through dissolution and liquidation procedures.. Conversely, when liabilities are greater than assets, all creditors are paid and the corporation is dissolved.. Corporate rehabilitation cancels some of the debt and reimburses the remaining debt. 10It is to save the corporation by paying it back annually.. From a creditor's perspective, there may be a negative perception of rehabilitation and bankruptcy because it has the effect of extinguishing his or her claims.. In addition, there is a possibility of fraud or a criminal offense, so it is important to proceed with the procedure while establishing a good relationship with the creditor.. -What is the role of a law firm in corporate bankruptcy?. Is there a proper bankruptcy procedure?. △The role is to represent the debtor.. File an application with the court and proceed with the litigation process according to the procedure.. A company with more liabilities than assets can go bankrupt at any time.. Since a company wishing to file for bankruptcy has no choice but to write off its debts to business partners from which it was purchased, the debtor is at an advantage but the creditor is at a disadvantage.. During this process, there is a risk of being sued for criminal fraud, etc., so it is best to resolve the matter well in advance and establish a good relationship before entering into the process.. The most problematic thing when entering bankruptcy proceedings is the money that the representative took away from the company.. In Korea 1Since there are many independent shareholders, the company often identifies its shareholders as shareholders and often spends company money as it pleases.. A company going through bankruptcy proceedings is obviously going through a difficult time, so this part of the process becomes a problem.. It is also important to ensure that all creditors are paid equally.. We must be wary of the possibility of biased repayment.. -What is the nature of rehabilitation advisory?. If there is a key factor that separates success and failure. △The accounting aspect plays a big role in revival.. Sales must be good, so that surplus profits remain after deducting costs, which can be used to repay part of the debt.. For example, if the debt 100If it's 100 million won 30%Just pay it back 70%will be converted into equity capital.. 30Hundreds of millions of won 10Because it is repaid annually, the average 1in year 3It's hundreds of millions of won each.. Sales are important because operating profit, excluding various costs, must be greater than that amount.. However, since companies that enter the rehabilitation process come from a state of declining sales, it is important to determine how to expand the number of customers in the future to sustain the company.. If sales are down, you should look into whether the company can be a target for acquisition based on its strengths in intellectual property rights and patents.. Even within the rehabilitation process M&Ais possible. -How about looking at the recent trends in corporate rehabilitation and bankruptcy?. △past 2023since 2024By the second half of 2018, the number of corporate rehabilitation and bankruptcy cases had increased significantly.. Most people predicted that the future economy would be bad and made preemptive preparations.. From the most recent first half of this year, it decreased slightly compared to the end of last year.. Before that, it was difficult to extend the loan and the conditions were strict., There seems to be an expectation that these issues will be alleviated.. It is expected that this level will be maintained until the first half of next year.. -late last year ‘Comprehensive Consideration Act’was introduced. Impact on the industry and prospects for future changes. △When going through rehabilitation, both security rights and rehabilitation claims must be considered.. The security right is 100% have to pay back. On the other hand, bonds are about 30% Pay off the remaining amount 70%is an equity-to-equity conversion.. Previously, this was calculated mechanically using the relative equity method.. However, in Korea 1Since there are many personal or family companies, the CEO's share of stock is often reduced, falling below the majority.. In theory, creditors could dismiss the employee, which could lead to loss of management rights.. The Comprehensive Consideration Act allows the person running the company to secure a majority stake.. Representatives who have entered the rehabilitation process can also use the rehabilitation process effectively because they can avoid the risk of loss of management rights.. There are an increasing number of cases of establishing rehabilitation plans based on this, centering around the Seoul Rehabilitation Court.. Another rehabilitation court, As local court bankruptcy departments spread and become established, more companies will be able to take advantage of the rehabilitation process.. -Are there any institutional issues you are specifically looking into?. What is the issue or point of observation?. △At the Seoul Rehabilitation Court Pre-ARS(Autonomous Restructuring Support) The system was recently introduced. ARSis an adjustment procedure., Rather than having a company go through rehabilitation until the end of the process and get the plan approved, it is better to reach a smooth agreement with creditors and shorten the period.. With the consent of all creditors, Submit the plan in advance. When rehabilitation procedures begin, usually 7months8It takes months., In this case 2months3Can be finished in months. Pre-ARSEven without going through rehabilitation procedures, a plan can be created and approved by creditors through the rehabilitation court's mediation process so that it can be quickly approved.. It protects debtors by utilizing the adjustment process without presuming a rehabilitation process.. If a rehabilitation procedure is initiated, all creditors will know about it and there may be a sort of stigmatization effect.. This means that coordination can become ineffective.. Pre-ARSreduces the stigma effect. Debt management is not easy, so if you decide to reduce it in advance and organize it with creditors,, It can be much more advantageous than the adjustment process that takes place during the rehabilitation process.. This is a groundbreaking system, but how to implement it in practice seems to be a separate issue.. I think it can be recommended if you are considering rehabilitation due to sudden financial risk.. -What are your future plans for Daeryun?. △We would like to operate the part in the broader sense of restructuring rather than simply in the category of rehabilitation or bankruptcy.. Because it is a difficult company M&AYou may think it doesn't work, but there are places where it works.. It is not the extent to which the debtor cancels the debt. M&A The goal is to activate even the means.. Reporter Hwang Yang-taek (hyt@etomato.com) [View full article] [IB Tomato] (IB&People) Kim Won-sang, attorney at Daeryun Law Firm (Go here)

Implemented in the first half of next year... Immediate restrictions on demands for compensation for strike damages may reduce risks such as increased demands for collective bargaining, but may actually serve as an opportunity to build cooperation and trust between labor and management. The 'Trade Union and Labor Relations Adjustment Act Amendment Act', the so-called 'Yellow Envelope Act', which was passed by the National Assembly on the 24th of last month and approved at the Cabinet meeting on the 2nd of this month, is scheduled to go into effect in the first half of next year. This amendment contains content that fundamentally changes the landscape of labor-management relations in Korea, and its ripple effect is expected to grow further depending on future court interpretations and precedents. The Yellow Envelope Act, which is subject to labor-management negotiations ranging from restructuring to M&A, is named after citizens sending donations in 'yellow envelopes' in response to the company's large-scale compensation claims following the Ssangyong Motors strike in 2009. Initially, the discussion was limited to limiting companies' excessive compensation for damages to workers, but the scope was greatly expanded during the National Assembly discussion. There are three key points. ▷ Expansion of the scope of the employer: Anyone who can actually control or determine working conditions, even if he or she is not a party to a labor contract, is considered an employer. Accordingly, there is a possibility that the main contractor and the parent company will have an obligation to negotiate with the unions of subcontractors and subsidiaries. ▷ Expansion of the subject of collective bargaining and labor disputes: Not only wage levels and working hours, but also management decisions such as restructuring and mergers and acquisitions (M&A) are subject to negotiation and dispute. ▷ Limitation of liability for damages: The scope of immunity has been expanded to include not only legitimate industrial action but also other union activities and even defense against illegal actions by employers. Evolution of the concept of ‘actual control’ ‘Substantial control’ is the standard for determining whether or not the primary contractor’s obligation to negotiate is recognized. In the 2010 Hyundai Heavy Industries case, the Supreme Court ruled for the first time that if the main contractor can control and determine the labor conditions of the subcontractor's union, it should be considered an employer. After this ruling, in cases such as CJ Korea Express, Lotte Global Logistics, Hyundai Steel, and Daewoo Shipbuilding & Marine Engineering, the Labor Relations Commission and the court recognized the main contractor's obligation to bargain with the subcontractor union. What these cases have in common is that 'the work of the subcontractor is essential to the main contract's project, so the main contract has no choice but to exercise significant influence on the working conditions or performance measurements of the subcontractor.' The greater the possibility that the main contractor determines the working conditions of workers at subcontractors, the more likely it is that employer-friendliness will be recognized. Demands for individual bargaining from dozens of subcontractor unions are likely to pour in. After the implementation of the Yellow Envelope Act, companies may face the following risks: ▷ Increased demands for collective bargaining: Main contractors may face requests for individual bargaining from dozens of subcontractor unions. This is a factor that can conflict with the system of unified negotiation channels and prolong disputes. ▷Labor-management consultation on management decisions: Management decisions such as layoffs, factory relocations, and M&As may be put on the union negotiation agenda. ▷Difficulty in claiming compensation for unions and workers: It is expected that it will become more difficult to hold companies accountable for damages incurred during industrial disputes. Requires preliminary maintenance of relationships with subcontractors... How should companies prepare to respond to each scenario? Maintaining relationships with subcontractors and subsidiaries is a priority. Elements of direct intervention by the main contractor must be minimized in contracts, work order systems, and on-site management methods, and any risks of illegal dispatch must be checked. It is also necessary to prepare in advance a management decision-making process in which labor and management cooperate. It would be a good idea to prepare a manual that internalizes the procedure for collecting union opinions in important decision-making processes such as restructuring or business relocation. Internal training and simulation are also required. Both management and field managers must be familiar with the contents of the revised law, and training to respond to the union's demands for each scenario is essential. The Yellow Envelope Act is evaluated as a watershed in rebalancing the balance of power between companies and unions. Given that it shakes up existing labor-management practices, it is bound to be a factor that increases legal risks for companies. However, at the same time, it is an opportunity to establish transparent management and a predictable cooperation structure. If the obligations required by the law are faithfully fulfilled while autonomous consultation and trust building between labor and management are carried out simultaneously, the company can reduce the cost of disputes and gain social trust. There is a saying that a crisis is an opportunity. Why not use the Yellow Envelope Act as an opportunity to find a new labor-management model for sustainable growth?[View full article] The yellow envelope law has become a reality... If you want to use it as a growth opportunity, [Daeryun’s Biz law forum] (Go to)

In a class action lawsuit claiming damages filed by subscribers who suffered damage from the SK Telecom SIM hacking incident, SKT submitted a response to the court asking the court to "dismiss the plaintiff's claim." According to Daeryun Law Firm on the 15th, SKT submitted a response to the claim for damages to the Seoul Central District Court on the 3rd, stating, "All of the plaintiff's claims will be dismissed and the plaintiff will bear the legal costs." Daeryun filed a lawsuit against SKT on behalf of about 250 people who suffered damage from the SKT SIM hacking incident, requesting compensation of 1 million won per person. In the response, SKT withheld a specific rebuttal. The reason is that although there was a resolution by the Personal Information Committee regarding whether the Personal Information Protection Act was violated, the specific reason could not be confirmed because the resolution was not delivered. SKT said, ‘As soon as the facts and issues in dispute in this case are confirmed, we will present our opinions in detail through a brief.’ There are also criticisms that SKT is ignoring compensation to consumers who suffered damage from hacking by not accepting the Korea Communications Commission’s recommendation to extend the contract termination penalty exemption period and also refusing to claim damages. Previously, the Korea Communications Commission’s Dispute Mediation Committee recommended that SKT extend the contract termination penalty exemption period until the end of this year. On July 4, SKT announced that it would waive the penalty for customers who canceled their contracts within 10 days, but the deadline was so short that it was difficult for consumers to be fully aware of it. However, as SKT did not submit a written opinion within the response deadline, the recommendation was not automatically accepted. Daeryun Special Action Headquarters (attorneys Young-gon Cho, Sang-won Yeo, and Myeong-cheol Kim), who are leading the class action suit for damages, said, “SKT is not showing a responsible attitude toward customer damage even after being fined 134.8 billion won,” and added, “Through this lawsuit, we have created an opportunity to make personal information protection the top value of corporate management and to address corporate irresponsibility.” “I will sound the alarm,” he said. Reporter Jeong Cheol-wook[View full article] SKT responds to hacking damages lawsuit saying it should be dismissed... “Ignoring damage relief” (Shortcut)

Let’s sell the apartment after signing the sales contract… “The apartment was actually disposed of without a trust contract or permission.” The court said, “Plaintiff delivered the money directly to the defendant and returned the deposit directly… It is a title trust agreement.” A person in his 40s who arbitrarily disposed of an apartment that had been entrusted to him by a relative ended up paying over 1 billion won in damages. According to the legal community on the 15th, the Seongnam Branch of Suwon District Court ruled in favor of the plaintiff in a lawsuit seeking damages filed by Mr. A, a man in his 60s, against Mr. B, a man in his 40s, on the 12th of last month. Mr. A signed a sales contract with Mr. B, a relative, in 2016 and transferred the title to the apartment he owned. Soon after, Mr. B terminated the lease contract after consulting with the tenant who lived here and began living in the apartment on his own. However, a problem arose when Mr. B disposed of the apartment in 2023. Mr. A's side claimed that the real estate contract in question was concluded in the form of a 'title trust' and that, therefore, Mr. A disposed of the apartment without permission even though he was the actual owner. At the same time, he filed a lawsuit claiming that he should receive back about 1 billion won, which is equivalent to the market price of the apartment at the time of sale. Mr. B immediately refuted. It is said that the sale price was normally paid to Mr. A and the real estate was purchased. He emphasized that even when he terminated the contract with the existing tenant, he personally returned the deposit. The court ruled in Mr. A's favor. The court said, "It is confirmed that the plaintiff sent the money received during the contract process directly to the defendant's father, which is consistent with the plaintiff's claim that he entered into a real estate trust contract in the form of a sales contract." The court said, "As for the deposit returned to the tenant, the defendant's father also stated that he received money from the plaintiff and remitted it to the defendant. However, the defendant does not clearly explain the circumstances in which the money was received." He added, "The plaintiff also sent a separate sum of money when the tenant moved out, which appears to have paid moving expenses and brokerage fees to the tenant who was still on the contract at the time. Looking at these circumstances, the two entered into a real estate title trust agreement, and the defendant disposed of the real estate without the plaintiff's permission, so it is obligated to compensate for the damages." Attorney Kang Dae-hee of Daeryun Law Firm, who represented Mr. A, said, "The title trust is explicitly established by agreement between the parties." Of course, it can be established implicitly, and whether or not it is determined by considering the circumstances in which the registration was completed and the status of real estate management, etc., he explained. Reporter Seohyun Lee (sunshine@kyeonggi.com)[View full article] A person in his 40s who disposed of an apartment without permission from the actual owner… Law: “Compensation of 1 billion won for house price” (Shortcut)

As the aftermath of the large-scale detention of Korean workers at a factory in Georgia, USA continues, companies' overseas expansion is also on alert. Corporate management risks resulting from policy changes, such as the United States' visa screening requirements and strengthened crackdown on illegal stays, have become a reality. In fact, law firms in charge of immigration and visa work are inundated with related inquiries, and interest in stable human resources management and ensuring legal stay in the industry is increasing. Experts point out that Korean companies should have a more systematic legal response structure in the wake of this incident. An immigration lawyer specializing in immigration law explained, "The U.S. visa system is not only complex, but the issuance process is also difficult, so it appears that companies have been using short-term business visas (B1) or visa-free Electronic Travel Authorization (ESTA). This will lead to issues with residency qualifications, putting them at risk of deportation or punishment in the future." In this situation, large domestic law firms are also strengthening their related capabilities, focusing on groups that handle international affairs such as immigration. Jipyong Law Firm recently launched the 'Global Risk Response Center' and is focusing on prevention and advice on risk management and consulting, including international trade, tariffs, and overseas regulations. Daeryun Law Firm has also strengthened its advisory for global companies, focusing on immigration and overseas investment groups. Daeryun, which has established local corporations in New York and Washington D.C., utilizes its local network to support ▲establishment and investment of domestic companies in the U.S. ▲checking expatriate visa applications ▲advising on immigration law and permanent residency acquisition. In particular, we are focusing on preventing and managing labor law risks that may arise in the process of dispatching human resources at home and abroad. An official from a local company said, "There are many cases where projects are delayed or contracts are canceled in the actual field because companies are unable to obtain appropriate visas. Since visas must be applied appropriately according to the size of the company and the characteristics of each industry, it seems inevitable that dependence on law firms will increase." Reporter Jeong-won Hwang (jwhwang@mt.co.kr)[View full article] Visa crisis from ‘Georgia’… Large law firms strengthening overseas advisory services (Click here)

The court ruled that it was illegal to not pay survivor's pension to a worker who died from pneumoconiosis while working in a mine due to an underlying disease. On the 21st of last month, the 13th Division of the Seoul Administrative Court ruled in favor of the plaintiff in a lawsuit filed by A, a woman in her 80s, against the Korea Workers' Compensation and Welfare Service to cancel the disposition of survivors' benefits and funeral expenses. A's husband Mr. B worked as an obstetrician at a coal mine for about 7 years since 1982. Afterwards, Mr. B was diagnosed with disability due to pneumoconiosis in 2002, and while receiving treatment, his condition worsened and he died in 2021. The direct cause of death listed on the autopsy report was pneumoconiosis. Accordingly, Mr. A reported to the Korea Workers' Compensation and Welfare Service, saying that Mr. B suffered from pneumoconiosis while working at the coal mine and died as a result. He requested survivors' benefits. However, the corporation rejected it. Mr. B was found dead at home, so the exact cause of death was unknown, and he suffered from chronic diseases such as high blood pressure, so it was difficult to determine pneumoconiosis as the main cause of death. Mr. A, who was dissatisfied with the disposition, filed a request for review, but it was dismissed, and his subsequent request for reexamination was also dismissed for the same reason. Accordingly, Mr. A filed an administrative lawsuit against the Corporation. During the trial. Mr. A emphasized that the Corporation overlooked the fact that Mr. B had suffered from lung disease for a long time and cited only the underlying disease as the cause of death. The court ruled in Mr. A's favor. The court said, "The deceased appears to have received appropriate treatment for the underlying disease and lived without any significant aftereffects until his death," adding, "On the other hand, pneumoconiosis and cardiopulmonary function were gradually worsening, and after being first diagnosed with pneumoconiosis, inpatient and outpatient treatment was repeated until just before death." “It appears that the deceased’s underlying disease may have had a complex effect on the death, but there is no evidence to suggest that the deceased’s health condition has worsened due to this,” he said, adding, “Even though it is difficult to clearly determine the cause of the deceased’s death, it is reasonable to consider worsening lung disease such as pneumoconiosis as the cause of death.” Attorney Kim Jin-ju of Daeryun Law Firm, which represented Mr. A, said, “The claim that the exact cause of death cannot be determined simply because the place of death was at home is based on Mr. B’s medical records and the autopsy report.” He explained, “It was a case of ignoring all objectively stated information,” and “Based on medical records, etc., we were able to obtain the court’s cancellation judgment by proving the medical causal relationship that the progressive worsening of pneumoconiosis and decreased respiratory function contributed to death.” #Court #Judgment #Survivor’s Pension Park Seok-ho (haitai2000@ikbc.co.kr)[View full article] Court calls it illegal to deny survivor's pension due to 'underlying disease' (link)