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The military is an important organization directly connected to national security, and discipline and discipline are strictly maintained. In particular, more severe punishments are being imposed for sex crimes that occur within the military. Military criminal law has higher sentences than general criminal law, and only stipulates a lower limit of imprisonment without fines. According to Article 92-3 of the Military Criminal Act, if soldiers or those with equivalent status commit acts that cause sexual humiliation through assault or intimidation, they are subject to imprisonment for a limited period of one year or more without a fine. Therefore, if you are serving in the military or are a paramilitary worker, you should be aware of this information. In addition, sexual offenses in the military are grounds for military disciplinary action. You may be subject to disciplinary action separate from criminal punishment. Although the aggravated punishment may vary depending on the factors, the punishment can range from a relatively light reprimand to a severe disciplinary action such as salary reduction, demotion, or even dismissal or dismissal. I will explain by citing a case of forced harassment by a soldier among the cases I have handled. In this case, the suspect, who was a military official, forcibly molested the victim, who was a subordinate. At that time, the suspect made physical contact against the victim's will, such as rubbing his face against the victim's face. The suspect claimed it was just a prank, but the victim filed a complaint with the police, saying she felt sexually shamed and insulted by the behavior. It may have started as a joke, but the suspect's behavior had a big impact. This is because it was a situation where he could be subject to not only criminal punishment but also disciplinary action. There was a high possibility that the worst-case scenario would occur where the suspect, who was close to retirement age, would not receive pension payments ahead of retirement. According to relevant laws, pension payments could be restricted if the person was dismissed for serious corruption or crimes. For the suspect who should have received the lowest possible punishment, the author looked closely at the case. Since the circumstances were clearly proven, an attitude of reflection was important. The priority was to admit all charges and offer a sincere apology to the victim. Thanks to these efforts, we were able to obtain forgiveness from the victim and elicit his intention not to be punished. In addition, as a result of comprehensively examining various factors such as completion of anti-recidivism training and petitions from people around him, the case was concluded with a suspended indictment. Park Gyeong-ok, a military lawyer at the Daeryun Law Firm, said, "The role of a representative is essential to resolve military sexual crime cases in the desired direction. In the case above, if you proceed with the case alone and recklessly fight for innocence by saying, 'I did nothing wrong,' it will have the opposite effect of aggravated punishment. “The possibility was high,” he said. “Since the initial response largely determines the outcome, I think it is necessary to prepare the right strategy through sufficient consultation with a military lawyer.” Reporter Gayoung Jin (lawissue) (news@lawissue.co.kr)[View full article] Military sex crimes can be punished, including dismissal or dismissal... What to do? (Shortcut)

Mr. A was indicted on charges of posting synthetic pornography received from an unknown person on SNS. Court said, "It does not explicitly express sexual parts or actions." A man who was handed over to trial on charges of distributing composite pornography on SNS was found not guilty in the first trial. On the 22nd of last month, Daejeon District Court Hongseong Branch acquitted Mr. A, in his 40s, who was indicted on charges of distributing pornography under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Information and Communications Network Act). Mr. A was accused of receiving a composite photo of a specific woman's face and body parts in underwear in May of last year from an unknown person and posting it on his SNS account. At the time, it was confirmed that Mr. A had also entered information about the woman's name, age, and physical condition. Mr. A denied the charges. It is true that he posted some photos received on SNS, but the intention is that it is difficult to view these photos as 'pornography.' He emphasized that there were no poses reminiscent of sexual activity. In addition, Mr. A added that, considering that he did not directly composite the photo and that the photo was so elaborately composited that it was difficult to clearly confirm whether it was composited, it is difficult to say that he posted it intentionally for obscenity. The court found Mr. A not guilty. The court explained, "Looking at the photos, it is difficult to evaluate that they explicitly express or depict sexual parts or sexual acts." “Even when compared to ordinary women’s underwear advertisements, the difference does not appear to be significant enough to be considered pornographic,” said attorney Byeon Gwan-hoon of Daeryun Law Firm, who acted as legal representative for Mr. A. “According to precedent, in order to call it a ‘pornographic material,’ it is not enough to simply give a vulgar and promiscuous feeling related to sexual interest, and sexual parts or actions must be expressed in an excessive and explicit way,” he said. “Based on these contents, the post in question requires criminal punishment.” He emphasized that it is difficult to determine that it constitutes 'pornography'. #Distribution of pornography #Synthetic pornography #Accident #Not guilty Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] A woman in her underwear in her 40s who posted composite photos and personal information on social media was found not guilty... Why? (Shortcut)

Attorney Seo-Hyung Lee “We will create a regulatory environment that harmonizes safety and innovation” Attorney Seo-Hyung Lee, head of the Daeryun Medical Pharmaceutical Group at the law firm, was appointed as an advisory attorney at the Ministry of Food and Drug Safety on the 13th of last month. The advisory attorney at the Ministry of Food and Drug Safety reviews in advance legal risks that may arise during the administrative disposition process and plays the role of defending the legitimacy of the disposition in administrative litigation. In addition, consistent interpretation standards are presented when new laws and regulations are implemented to prevent policy confusion and prevent unnecessary disputes. This lawyer will be responsible for ensuring legal stability and reliability in the overall implementation of the Ministry of Food and Drug Safety's policies, including responding to lawsuits, interpreting laws, and reviewing contracts. In particular, we plan to minimize uncertainty in the policy implementation process through clear legal interpretation and practical advice in new technology fields such as AI medical devices, digital healthcare, advanced regenerative medicine, and clinical trials. This lawyer is a convergence expert with qualifications as a lawyer, patent attorney, and pharmacist, and has activities such as legal director and academic committee member of the Korean Society of Medical Informatics, IRB and DRB member of a tertiary general hospital, member of the Korean Medical Law Society, member of the Korean Society of Bioethics, and advisory member of the Future Medical Research Foundation under the Ministry of Science and Technology. In addition, he has provided numerous consultations to the Ministry of Health and Welfare, the Ministry of Food and Drug Safety, the Korea Disease Control and Prevention Agency, and affiliated public institutions, and has extensive experience in symposiums and conferences invited to related academic societies and associations, and writing books in the life and medical fields. This lawyer is the head of the Daeryun Medical Pharmaceutical Group at the law firm Daeryun Law Firm. ▲We provide advice on various legal issues that may arise during the product development and market entry stages, such as medical advertising and marketing. In addition, we are in charge of preventive consulting and establishing post-response strategies for the overall healthcare industry, encompassing not only management-related risks such as establishment and operation of medical institutions, institutional certification, and human resource management, but also administrative disposition response, criminal procedures, use of personal information and medical data, technology transfer, and intellectual property rights disputes. Attorney Lee said, "At the stage of establishing new regulatory policies, we minimize legal uncertainty and ensure safety. “Our goal is to help proven innovative technologies quickly enter the market,” he said, adding, “We will contribute to the establishment of regulations that support industrial growth while prioritizing public safety.” Meanwhile, Daeryun Medical and Pharmaceutical Group Law Firm has many experts in fields such as medical law and pharmaceutical law, and provides customized legal services to clients through systematic analysis. Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic Daily TV - Attorney Seohyung Lee of Daeryun Law Firm appointed as advisor to the Ministry of Food and Drug Safety (Click here) Legal Times - [Law Firm iN] Attorney Daeryun Lee Seo-hyung appointed as advisor to the Ministry of Food and Drug Safety (Click here) Law Leader - Daeryun Law Firm's Seohyung Lee, appointed as advisory attorney by the Ministry of Food and Drug Safety (Click here) Medipana - Lawyer Seohyung Lee of Daeryun Law Firm appointed as advisor to the Ministry of Food and Drug Safety (Click here) Tax and Finance Newspaper - Lee Seo-hyung, head of Daeryun Medical Pharmaceutical Group at Law Firm, appointed as advisory attorney to the Ministry of Food and Drug Safety (Go here) Daily Farm - Attorney Seohyung Lee (pharmacist) appointed as advisory attorney by Ministry of Food and Drug Safety (Click here)

‘Obi Rock’ KT… Controversy over suspected hacking and 'server destruction' [Anchor] At a time like this, in Gwangmyeong-si, Gyeonggi-do, hundreds of thousands of won in small payments were stolen from several people's mobile phones early in the morning, causing massive damage. Attention is focused on the results of the police investigation in connection with the recent hacking incident at a telecommunications company. It is said that all 20 victims were KT users, and in particular, KT's server was destroyed in relation to this hacking incident, which was raised in the National Assembly. In a situation where telecommunication companies deny the hacking itself, the suspicion of server destruction, which could be key evidence, is causing a stir. Reporter Seulgi Cho reports. [Reporter] Choi Min-hee, Chairman of the Science, ICT, Broadcasting and Communications Commission, strongly criticized KT and LG U+ for not voluntarily reporting hacking suspicions. [Choi Min-hee / Chairman of the National Assembly Science, Technology, Information, Broadcasting and Communications Committee: How do these telecommunication companies view the Ministry of Science and Technology of the Republic of Korea and KISA (Korea Internet & Security Agency) to act like this? .] At the same time, we raised suspicions about KT's server destruction and ordered a thorough investigation to determine whether this was intentional. [Choi Min-hee / Chairman of the National Assembly Science, Technology, Information, Broadcasting and Communications Committee: I heard that in the case of KT, the server was destroyed. (Ryu Je-myeong, 2nd Vice Minister of Science, ICT and Future Planning) Yes, we have confirmed that fact as well.] [Choi Min-hee / National Assembly Science, Technology, Information, Broadcasting and Communications Committee Chairman: Of course, it is a bit strange at this time. ‘Isn’t this done to remove traces of hacking? ' This kind of suspicion may arise... .] There are also voices from civic groups calling for a clear investigation of the facts in terms of user protection. [Han Seok-hyun / Seoul YMCA Citizen Relay Office Director: If the Ministry of Science and Technology has limitations in conducting investigations as a supervising ministry, the Personal Information Protection Committee will actively interpret the Personal Information Protection Act to address the damage from leaks in such situations... .] The server is key evidence that contains the hacker's infiltration path, the malicious code used, and the type of data leaked. If it was intentionally destroyed, it could be seen as an attempt to destroy evidence. [Son Gye-jun / Attorney at Daeryun Law Firm: We should look at (the issue) separately. We need to examine the evidence to see who is responsible, and identify who destroyed the evidence.] Although KT has stated that it is cooperating with the government investigation, it has not provided a clear answer to the related suspicions. Meanwhile, in Gwangmyeong, Gyeonggi-do, a case was reported to the police in which hundreds of thousands of won were withdrawn through small payments from the mobile phones of about 20 KT users, and an investigation is underway. This is Seulgi Jo from SBS Biz. Reporter Cho Seul-gi (skcho@sbs.co.kr)[View full article] Gwangmyeong citizens who use KT are excited... Controversy over 'server destruction' due to hacking suspicions (link)

Daeryun Law Firm announced on the 4th that it successfully completed a seminar on the theme of 'Commercial Act Amendment and Yellow Envelope Act Response Strategy' held at Daeryun's Seoul headquarters branch office on the 3rd. This seminar was prepared to examine the key issues of the Commercial Act Amendment Bill and the Trade Union and Labor Relations Adjustment Act, also known as the 'Yellow Envelope Act', which passed the National Assembly in succession in July and August, and to explore practical response strategies for companies. The seminar was held online and offline, and about 100 people in charge and practitioners from related industries such as finance, construction, service, and cargo attended. This seminar, which was divided into two sessions, featured attorneys Daeryun Bang In-tae (41st class of the Judicial Research and Training Institute) and Ho Gyu-chan (36th class) as presenters. In the first session, attorney Bang In-tae introduced the main contents and impact of the Yellow Envelope Act. Attorney Bang pointed out the key issues contained in this amendment, such as expanding the scope of parties to collective bargaining for employers, limiting claims for damages due to industrial action, and expanding the negotiation agenda, and explained the risks that companies may face after the law is implemented. He said, "The revised Labor Union Act contains many contents that can significantly shake up existing labor-management relations practices," and added, "It is most important to educate all executives and employees so that they can fully understand the contents of the revised law and strengthen trust and cooperation between labor and management." He gave advice. In the second session, lawyer Ho Gyu-chan presented the main contents of the commercial law amendment and its significance. Lawyer Ho analyzed in detail the major amendments such as the expansion of directors' duty of loyalty, improvements to the outside director system of listed companies, expansion of the 3% rule, and introduction of electronic general shareholders' meetings, and presented practical directions for responding to changes in corporate governance. Attorney Ho said, "With this amendment, it is expected that there will be many changes in corporate management, such as expanding the scope of directors' loyalty duty to protect the interests of total shareholders beyond the company." He added, "However, as issues such as what the interests of total shareholders are remain, future precedents and investigative agencies “It appears that close observation and analysis of the judgment and the Ministry of Justice’s authoritative interpretation will be necessary,” he explained. “This seminar was an opportunity to look at the institutional changes resulting from the two amendments and examine their ripple effects from a variety of perspectives,” said Daeryun CEO Kim Kuk-il. “I hope it will provide meaningful insight in preparing for the coming environment and serve as an important milestone in predicting the future of each company.” Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic TV - “Multi-faceted review of ripple effects”… Daeryun, commercial law revision/yellow envelope law seminar successfully completed (link) Tax Ilbo - Daeryun, commercial law revision/yellow envelope law seminar successfully completed... “Multi-faceted review of ripple effects” (Shortcut)

Worker: “There was no action taken to reduce work.” Company: “They did not disclose their health status.” Court: “Management has difficulty predicting accidents.” A worker who collapsed from a cerebral hemorrhage while working filed a claim for damages from the company for industrial accidents, but lost. On the 19th of last month, the Western Branch of the Daegu District Court ruled that the plaintiff, A, in his 50s, had lost the lawsuit filed by a man in his 50s for damages against company B, an automobile parts manufacturer. Mr. A collapsed while working in 2020. He was taken to the hospital and diagnosed with cerebral hemorrhage and ‘Moyamoya disease’, a rare cerebrovascular disease. At the time, the Korea Workers' Compensation and Welfare Service recognized only cerebral hemorrhage as an occupational disease and paid insurance money to Mr. A. The intention was that moyamoya disease should be considered an underlying disease. Afterwards, Mr. A filed a lawsuit against the company for industrial accident damages. This is because Company B did not take any special measures, such as reducing work, even though the person was in poor health due to high blood pressure before the accident occurred. Mr. A claimed that he developed brain disease due to a harmful work environment, such as shift work and a noisy environment. At the same time, they requested compensation of about 200 million won, including treatment costs, lost profits, and alimony. Company B refuted this. They countered that the cause of the cerebral hemorrhage was moyamoya disease, which Mr. A suffered from. In addition, Mr. A claimed that the accident could not have been predicted because he did not inform the company about his health condition. They also explained that they did not violate safety consideration obligations such as providing sufficient rest time during the work process. The court ruled in Company B's favor. The court said, “Even considering that it was shift work, it is difficult to conclude that the plaintiff’s workload was excessive compared to normal standards, and the company also provided workers with earplugs to protect their hearing,” and added, “There were no cases where symptoms or diseases similar to the plaintiff’s were found in other workers.” It continued, “As a result of the physical examination of the plaintiff, it was determined that the underlying disease was the cause of the cerebral hemorrhage, and the plaintiff himself appears to have been unaware of his physical condition before the accident,” adding, “The defendant company did not know about the possibility of an accident occurring.” He added, “It is difficult to admit that Company B violated its duty of protection by not taking safety measures even though it could have been predicted.” Attorney Song Seok-min of Daeryun Law Firm, which represented Company B, said, “Industrial accident compensation under the Industrial Accident Compensation Insurance Act has the nature of a social security system, so it is different from default liability that is premised on the employer’s intention or negligence.” He added, “In addition to the fact that Company B was not aware of Mr. A’s health condition, there were additional factors causing stress, such as special workload or sudden environmental changes. “I emphasized the fact that no harm was done,” he explained. Digital Content Team[View full article] Worker who suffered ‘cerebral hemorrhage while working’ files compensation for damages… Reasons for the court's dismissal: (Shortcut)

past 6month, Filling the regulatory gap in the digital asset market and laying the foundation for the industry 'Framework Act on Digital Assets'(Hereinafter Basic Law)With this proposal, all eyes in the industry are turning to the National Assembly.. The bill first includes a clear definition of digital assets and the rights of digital asset users., It will contain information on the obligations of digital asset business operators, etc.. Another key content of the bill is that in order to operate a digital asset industry, one must obtain approval from, or register or report to, the Financial Services Commission., While clarifying that the management and supervision entity of the digital asset ecosystem is the Financial Services Commission,, The purpose is to establish market order and ensure financial safety.. previous year 7In effect since March 'Act on Protection of Virtual Asset Users, etc.'(Virtual Asset User Protection Act)To put out the urgent fire of protecting user assets and regulating unfair trade practices, 1If it was stage regulation, This basic law covers the regulation of issuance, distribution, disclosure, and transaction support of digital assets, starting with entry into the digital asset industry. 2It is significant in that it is a step-by-step comprehensive regulation.. in other words, With the establishment of a basic law in the digital asset industry that will play the same role as the Capital Markets Act, all related companies now face new regulations and responsibilities..Industry reactions surrounding the implementation of the Basic Law are mixed.. Securities, financial companies, and large companies are expected to benefit by seizing the opportunity to dominate the market and advance into new businesses., This is because many other small and medium-sized businesses may face significant difficulties.. What is problematic is the enormous cost incurred to equip human and material facilities and establish an internal control system.. Beyond simply meeting capital requirements and having computer resources,, Recruitment of professional personnel such as compliance officer, risk management officer, and chief information protection officer and establishment of a large-scale control organization, Anti-money laundering and establishing abnormal transaction detection systems are a burden that threatens the survival of small and medium-sized businesses.. This is likely to ultimately accelerate market reorganization centered on large corporations with capital power..Another concern is that the regulatory approach to be introduced domestically may conflict with global standards.. For example, the European Union 'MiCA'(Markets in Crypto-Assets Regulation) The bill provides for a single license system that allows businesses to operate in other member states if approved in one member state.('Passporting')Formed a common market by introducing. However, since the Basic Law applies regulations, including licensing, to all overseas companies that provide services to Koreans, concerns are raised that it could lead to a disconnection from the global market..So, what preparations do digital asset-related companies need to make at this point in order to effectively adapt to the Basic Law in the future??first, It is important to first understand the legal nature of the digital assets and related business structures that the company is handling.. The bill stipulates the sale, brokerage, storage, collective management, and wallet of digital assets.(Wallet)Total management, delegation, advisory, etc. 10After defining various digital asset industries, obtain approval or register/report according to each business.(Hereinafter, approval, etc.)It is mandatory to complete. After the passage of the Basic Act, digital self-employed businesses that have been outside the system can legally conduct business only if they meet the human and material requirements in accordance with the law and receive approval.. Therefore, in order to conduct business without disruption during the enforcement period of the Basic Act, it is necessary to consult with an expert group such as a law firm, meet the necessary requirements for approval in advance, and proceed with the application process in a timely manner..second, Establish a governance and internal control system at the level of a financial company., A risk management system must be established for financial and management soundness and computer stability.. This is an issue that goes beyond simple regulations and is directly related to corporate reliability., Furthermore, it is a problem of the risk of being systematically expelled from the digital asset ecosystem.. We form a management team of people who not only have expertise in digital assets but also have ethics and reliability., Equipped with an independent compliance monitoring and risk management organization, Customer verification and suspicious transaction reporting procedures must be implemented technically to thoroughly prepare for due diligence by regulatory authorities..finally, All investment contracts and terms and conditions, And the company's internal regulations must be completely reviewed.. The Basic Act stipulates reporting procedures and standard terms and conditions when enacting or changing terms and conditions., With this, it is expected that large-scale supervision of contracts and terms and conditions within the industry will be exercised.. Past cases in which the Fair Trade Commission recommended correction of unfair terms and conditions of virtual asset business operators can be used as a lesson.. In addition, there is a need to elaborate internal regulations to the level of a financial company and ensure that internal control is implemented from the daily business level by reflecting the business conduct compliance requirements of each business operator..At the time of proposing the basic law, the lead sponsor and the Digital Asset Committee announced that they aimed to pass it within the year, so there is not much time.. Rather than hastily reacting after the law goes into effect, it is wise to prepare step by step from now on.. Most importantly, the Framework Act on Digital Assets 'regulation'not 'opportunity'It is a change in perspective.. As market reliability increases through institutional incorporation, more capital and excellent talent will flow in.. Only companies that secure new growth engines through thorough preparation will be able to lead the future of digital finance.. Small and Medium Business Team [View full article] Framework Act on Digital Assets imminent… What are three strategies for survival? (Shortcut)

As SK Telecom (hereinafter referred to as SKT), which caused a large-scale USIM hacking incident, was imposed the largest ever fine of over KRW 130 billion, attention is also focused on lawsuits for damages surrounding SKT. Previously, on the 28th of last month, the Personal Information Protection Committee imposed a fine of KRW 134.791 billion on SK Telecom for violating personal information protection laws, including violation of safety measure obligations and violation of leak notification. A fine of 9.6 million won was imposed. According to the Personal Information Committee's investigation results on the 3rd, it was confirmed that 25 types of information, including mobile phone numbers, subscriber identification numbers (IMSI), and SIM authentication keys (Ki), of 23.24 million users of SK Telecom's LTE and 5G services were leaked. The hacker first infiltrated SK Telecom's internal network in August 2021 and installed malicious programs on several servers, and SKT last year Even after confirming that a hacker had accessed the Hexim authentication server (HSS) in 2022, it was confirmed that no separate inspection was conducted. In addition, SKT operated the Internet, management network, and internal network all connected to the same network, and it was revealed that external access to SKT's internal management network server was allowed without restrictions. In addition, the Personal Information Commissioner's Office also pointed out the delay in reporting personal information leaks. Even though SKT was aware of the personal information leak on April 19, it did not notify the committee within 72 hours. Afterwards, the committee decided to notify subscribers of the leak on May 2, but notification of the confirmation of the leak was not made until the 28th of the same month. With this announcement from the Personal Information Committee, attention is also focused on various lawsuits surrounding SKT. After the information leak incident became public knowledge at the end of April, several law firms, including Daeryun Law Firm, filed a class action lawsuit on behalf of SKT subscribers. In this situation, some analysts say that the results of this investigation by the Information Commissioner's Office will serve as an advantageous basis for victims in the ongoing lawsuit for damages. Daeryun Law Firm, which is leading the class action lawsuit against SKT, said, "As a result of the investigation by the Personal Information Committee, SKT's overall poor security management was officially confirmed." “The decision to impose the largest fine in history is a measure that clarifies the responsibilities of business operators,” he analyzed. He emphasized, “This will be a key basis for supporting victims’ claims for damages in the ongoing class action lawsuit, and the court’s judgment on the rights of individual victims must now follow quickly.” Reporter Kwon Byeong-seok (bsk730@fnnews.com)[View full article] Largest fine ever imposed for ‘SKT hacking’… “This will be the core basis for claiming compensation” (Go to here)

It is very difficult to convert the human pain index into numbers. However, according to the ‘Holmes-Rahe Scale’ created by renowned American psychiatrists Holmes and Rahe to convert human stress into a score, the number one stress level experienced by humans is ‘death of spouse’, followed closely by ‘divorce from spouse’ and ‘discord with spouse’. In other words, if you experience both divorce and discord with your spouse at the same time, you will experience the highest level of mental pain that a person can experience. The most common case in which you experience these terrible experiences at the same time is ‘when you divorce due to your spouse’s infidelity.’ When you become aware of your spouse's cheating, you have two choices: the first is to ‘forgive for now and live with it’, and the second is to ‘immediately file a divorce suit and claim compensation for incest’. The divorce is obtained by collecting alimony from the adulterer and by claiming alimony based on fault from the spouse. In practice, the reality is that there are far more cases of the second case than of the first case. What is more unfortunate is that for families with children, the peaceful family is broken up by an adulterous woman or an adulterous man, and as a result, the child is forced to grow up in an unstable environment. Currently, under Korean law, it is impossible to criminally punish perpetrators of family breakdown. This is because the adultery system, which stipulated criminal punishment, was abolished a long time ago. In this situation, if you secretly look at your spouse's cell phone to find evidence of his or her affair, the 'victim of the most devastated' turns out to be a 'perpetrator of information and communication network infringement' and is subject to criminal punishment. As a result, the only option left is to receive ‘almonia’ through a civil lawsuit, and even this is very rare in being cited for the entire amount claimed. In order to achieve the result of ‘all wins,’ the evidence of ‘cheating’ must have been completely collected in a legal way and the adulterer must be aware of the fact that his or her spouse is married. In addition, the mental damage caused by the cheating must be proven with ‘objective data.’ If all of this is completed perfectly, ‘A third party’s act of cheating with one of the couple, infringing on the marital life that is the essence of marriage, or interfering with its maintenance and infringing on the spouse’s rights to inflict mental pain, will in principle be said to constitute a tort (Supreme Court ruling 2013M2441, decided on May 29, 2015).’ According to the Supreme Court precedent, it is possible to receive considerable alimony. In addition, the unjust act specified in Article 840, Paragraph 1 of the Civil Act, which stipulates the grounds for divorce, includes adultery, but is a broader concept than that, and includes any act that is disloyal to the marital chastity obligation to the extent that it is difficult to continue the marital relationship according to social norms, even if it does not amount to adultery (Supreme Court, May 24, 1988, Decision 88M7) ruling). In addition, whether an act is illegal must be evaluated by taking into account the degree and circumstances of the specific case (Supreme Court Decision 92M68, November 10, 1992). According to this legal principle, the amount of alimony is recognized, and it is determined whether the amount is full or partial. Therefore, ‘collection of evidence’ can be said to be the key to a lawsuit for compensation for incest. If illegality is revealed at the evidence collection stage, even though you are a victim, you may be recognized as a perpetrator and this may be a factor in reducing your compensation. Therefore, it is important for a legal expert to participate in the evidence collection stage from the beginning of the case and legally prove without criminal problems the evidence of misconduct that violated the duty of marital chastity and the circumstances that the adulterer knew whether the spouse was married. In addition, you must submit a medical certificate proving that there has been significant psychological damage so that you can be cited for the ‘full amount claimed’ in compensation for damages to the adulterer. Domestic lawyer Kim Jandi of the Daeryun Law Firm said, “Divorce due to a spouse’s cheating is the sum of the highest pain index experienced by a human being, so it is not easily cured over time, but a ‘realistic’ way to overcome this pain is to take as many legally possible measures against the other party as possible. Therefore, as soon as you are aware of your spouse’s cheating. “I hope you can secure legitimate evidence and achieve the best results with the help of a lawyer,” he advised. Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr What is a realistic way to overcome divorce and pain caused by a spouse's infidelity? (Shortcut)

A public official who was assaulted by a drunk customer at a restaurant and was accused of attempted extortion after saying, “I will take legal action,” was acquitted. According to the legal community on the 2nd, the Chuncheon District Prosecutors’ Office decided not to indict Mr. A, a man in his 50s, who was accused of attempted extortion. Mr. A was assaulted while stopping Mr. B, a man in his 60s, who was drunk and making a commotion at a restaurant in Chuncheon in September last year. Mr. B went to the workplace of Mr. A, a public servant, saying he would apologize, and submitted a complaint to the investigative agency, claiming that Mr. A pressured him to file a claim for damages and demanded money. Mr. A denied all charges. He claimed, “Even when Mr. B came to apologize, he did not show sincerity by saying, ‘I don’t remember because I was drunk,’ so I only said that I would follow the proper legal process,” and “I had no intention of demanding money or threatening him.” The prosecution ruled that there was no charge, finding that Mr. B’s statements were inconsistent and that it was difficult to clearly prove that Mr. A had asked for money. In addition, even if Mr. A tried to receive a certain level of financial compensation, considering that he suffered criminal damage such as assault and swearing from Mr. B, it could not be considered an illegal act that exceeded social norms. Mr. A's legal representative, Min-young Han, a lawyer at Daeryun Law Firm, said, "If notice of harm is used as a legitimate means of realizing rights in a crime of blackmail, whether or not it is allowed should be judged by comprehensively considering the purpose and means. The reason that Mr. A brought up the lawsuit was not through threats, but through due legal procedures. “We faithfully explained that we were making it known that rights can be realized,” he said. Reporter Jeong Cheol-wook[View full article] Civil servant accused of mentioning “legal action” against the person involved in the assault… Prosecutors, no charges (Shortcut)