Press Coverage

Plaintiff asserts obligation to terminate commercial sale contract and restore original condition. Court said, “Important promotional content, such as business purpose, is consistent with facts... It is not enough to lead to a mistake.” The court ruled that even if promotional materials were inflated during the commercial sale process, it does not constitute an act of deception. This is because even if there are somewhat exaggerated expressions, it cannot be concluded that it is a false or exaggerated advertisement. On July 24, the 2nd Civil Affairs Division of the Ansan Branch of the Suwon District Court dismissed the plaintiff's claim in a lawsuit filed against the developer by Mr. At the time of the sale, the developer reportedly promoted through catalogs, etc., that the mall was a public-private joint venture and that business safety and economic feasibility were guaranteed. However, after the completion of the mall, Mr. A and others learned that the mall they received was not included in the government project. Accordingly, they filed a lawsuit, claiming that they had signed a contract after being deceived by the developer's false and exaggerated advertisements. It was an argument that not only should the contract be canceled due to a mistake, but the entire sales price should be refunded. The developer countered, saying, “There is no fact that there was any claim or advertisement that there was budget support for any of the buildings,” and “Therefore, the related advertisement only conforms to the facts and cannot be viewed as a false and exaggerated advertisement.” The court also ruled that it could not be said that there was an act of deception at the time of sales promotion. The court ruled, “As a result of a comprehensive review of all promotional materials, including catalogs, it is difficult to say that each building in this case was advertised with the intention of guaranteeing stability as a public-private joint venture or a national project. Therefore, we cannot conclude that the developer deceived the plaintiffs through promotional materials.” Lawyer Ha-yeon Lim of Daeryun Law Firm, the legal representative of the developer, said, “Most of the publicity that the purchasers claim to be deceptive was not conducted on their own. He explained, “It was just a prediction based on an analysis of the building by an unrelated real estate official,” adding, “Even in the official promotional material, there was only a law stating that if financial support from the government was deemed necessary, a portion of the funds could be subsidized or technical support could be provided.” Attorney Lim said, “Above all, the developer was actually selected as the final business operator in the government project contest and was scheduled to receive support for the project cost, so even if the scope and conditions changed somewhat, this was not false. Therefore, the developer had no obligation to return the sale price. “We are not liable for damages,” he added. Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] “I thought it was a government-supported project… I was deceived by exaggerated advertisements” File a lawsuit for return of sale price… What are the results? (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)

Police changed the type to ‘single-parent family’ when they did not qualify as newlyweds as of the notice date for recruitment of tenants. Police said, “The suspect did not request a change of type first... making it difficult to recognize the ‘illegal method.’” A suspect in his 30s who was accused of arbitrarily changing his type when he was ineligible after winning an apartment subscription was acquitted. According to the legal community on the 2nd, the Gyeonggi Hwaseong Dongtan Police Station decided not to send A, a woman in her 30s, who was booked on charges of violating the housing law on the 6th of last month. Mr. A won the subscription in 2023. I won by applying for a special supply for newlyweds, but later, during the document submission process, I learned that the marriage was registered after the date of the tenant recruitment announcement. Based on the date of the recruitment announcement, Mr. A was not a newlywed couple, so according to principle, the winning subscription should have been canceled, but the contract went ahead. This was because the winning type had changed from newlyweds to ‘single-parent family.’ In response to this, the Ministry of Land, Infrastructure and Transport requested an investigation, believing that Mr. A had conspired with the business owner to arbitrarily change the subscription type. However, Mr. A completely denied the charges. At the time, an official from the construction company responded that “since she was pregnant at the time of the recruitment announcement, it could be considered a common-law marriage,” and explained that she submitted additional necessary materials. Afterwards, when I visited the sales office again, I was told by the person in charge, “I won as the remaining generation of a single-parent family,” and I just believed and followed that. The police determined that Mr. A was not guilty. It is said that the person who first informed about the change in subscription type was an employee of the sales office. The police explained, “The employees are experts who have received training related to subscription,” and “It would have been difficult for the suspect to perceive this type change notice as an ‘unfair method.’” He also added, “The suspect did not first request a change in the subscription type, but followed the guidance of the sales agency employee, so it is difficult to say that it was intentional.” Attorney Jang Eun-min of the Daeryun Law Firm, who is Ms. A’s legal representative, said, “A violation of the housing law is only valid if it constitutes an ‘act of receiving housing by false or other fraudulent means.’” He added, “Mr. “We were able to achieve good results by emphasizing that there was no intention,” he said. Reporter Seohyun Lee (sunshine@kyeonggi.com)[View full article] ‘Change type’ after winning Newlywed Special?… 30-year-old ‘not guilty’ of housing law violation (link)

Market changes such as family business succession and creator taxation 'reactive response' → 'pre-design' paradigm shift As the legal market in the tax field is rapidly changing, major domestic law firms are actively working to strengthen their tax groups. This movement is due to an increase in the demand for tax-related laws, including an increase in the number of tax trials. According to the Tax Tribunal on the 1st, the number of tax trials processed since 2018 has exceeded 10,000 for seven consecutive years. The number of companies receiving family business inheritance deductions also more than doubled from 88 in 2019 to 188 in 2023. As the succession of family businesses and assets increases and the taxation system for new businesses such as the creator economy and platform business becomes more complex, the demand for professional legal responses such as tax appeals and correction claims has increased. The top 10 large law firms are focusing on strengthening their capabilities by recruiting experts and reorganizing their organizations to meet the needs of the evolving market and clients. On the 20th, Shin & Kim Law Firm signed a contract with Seoul National University Law School professor Lee Chang-hee and foreign lawyer Jang Maria. Kim Tae-hoon, a customs expert, was newly recruited. Attorney Jang is an expert qualified to be both a certified public accountant and a New York State attorney. Yulchon Law Firm also appointed lawyers Jeon Young-jun and Kim Geun-jae as co-heads of the tax group in February and began preparing responses to rapid market changes such as global customs conflicts and corporate tax investigations. Last month, Daeryun Law Firm carried out an organizational reorganization that separated the tax administration group into a tax group and an administrative group. The plan is to provide precise customized legal solutions by maximizing expertise in each field. Attorney Kwak Nae-won, who served as a judge at the Seoul Administrative Court, will lead the administrative group, and attorney Kang Seong-kwon, who worked at the Seoul Regional Tax Office and has a deep understanding of overall national tax administration, will lead the tax group. Attorney Kang said, "As the paradigm of the tax legal market has changed from 'reactive response' to 'pre-planning', the needs of customers have diversified," adding, "In the past, people only sought out lawyers after receiving unfair taxation notices, but recently, there are cases where they are looking for the optimal structure without risk. He explained, “Tax cases require a comprehensive understanding of accounting and management perspectives, so comprehensive assistance is needed, including lawyers, accountants, and tax experts.” He also emphasized, “We will be a reliable assistant throughout the entire process from the tax investigation stage to tax litigation to prevent clients from receiving unfair tax treatment.”[View full article] The era of 10,000 tax trials... Large law firm takes ‘swift steps’ in strengthening tax group (Click here)

An office worker in his 30s who was suspected of embezzling company transaction money was acquitted. Gyeonggi Hwaseong West Police Station decided not to forward Mr. A, a man who was booked on charges of embezzlement and breach of trust on July 31. Mr. A embezzled about 20 million won in payment received from a business partner while working at company B, a ship logistics company last year, and ignored the company's instructions not to issue documents, giving the company about 100 million won. Company B was accused of causing damage worth about 20 million won. Company B claimed that the customer suffered damage due to Mr. A's actions, and that the company compensated for the loss. Mr. A denied the charges, saying that the transaction amount was normally delivered through an in-house employee. However, he countered that it was not delivered due to an employee's mistake, or a problem occurred in the ledger while the company was handling other unpaid amounts, making proper confirmation impossible. The issuance of documents was also made after consultation with the customer. It was emphasized that the storage fee was incurred due to long-term retention issues due to local circumstances. The police determined that Mr. A was not guilty. The police said, "Considering that the company mainly manages funds in cash and deposits them in bulk, there is no way to prove which part of the money remitted from the sales department was partially deposited by the suspect. Since the company managed funds without clearly distinguishing the fares for individual payments, the suspect was unable to determine the whereabouts of the freight." “It should not be inferred that embezzlement occurred because of the inability to explain or submit data,” he said. He added, “When looking at the conversation between the customer in charge and the suspect, it is confirmed that there were logistics that incurred storage fees.” He added, “There are no circumstances to believe that the suspect committed a crime to make a profit or generate profits for a third party based on the data submitted by the complainant.” Ji Min-hee, a lawyer at Daeryun Law Firm, who represented Mr. A, said, “Company B is “We are having a business meeting to manage the receivables, and if the receivables had arisen in this situation, they would have already been managed,” he explained, adding, “As a rule of thumb, it is absolutely impossible for Mr. A to embezzle the transaction proceeds in this situation.” #Accident #Business embezzlement #Breach of trust #Reporter Daeryun Gouri[View full article] A man in his 30s who was suspected of embezzling 20 million won in transaction money was acquitted (link)

A steel fabricator in his 40s who was sent to the prosecution for posting a blueprint created with the program on a business blog even though he did not purchase modeling software was cleared of charges. According to the legal community on the 28th, the Seoul Eastern District Prosecutors' Office decided not to indict Mr. A, who was sent on charges of violating the copyright law on the 7th of last month. Mr. A was accused of infringing copyright by using Company B's modeling program without permission for five years since 2018 and posting the results on a blog. Company B sued Mr. A, saying that he created a blueprint using the company's program without purchasing genuine software and then used it for business-related advertising. Mr. A denied the charges, saying that he only works in steel structure production and does not even know how to use the design program. When a request for steel structure production comes in, it is a common practice in the industry to hire a technician using Company B's program to provide design services, and he said he also worked on steel structure manufacturing in this way. Mr. A also countered that he ran the blog to receive more orders and that he only posted other people's design results downloaded from the Internet or obtained during the work process. The prosecution determined that Mr. A may have written a blog post based on data obtained through another designer. As a result of the investigation, requesting a design service as claimed by Mr. A is a common industry practice, and there was also a case where Mr. A actually requested a design. Attorney Cho Min-woo of Daeryun Law Firm, who represented Mr. A, said, "Using software for work while knowing that it is an unauthorized copy of the software is a copyright infringement. However, Mr. A was only in charge of production work, not design, and was able to receive a decision of not guilty by emphasizing that he had never used Company B's program and did not know how to use it." Reporter Jeong Cheol-wook[View full article] I posted a design on a blog and was sued for ‘unauthorized use of software’… Steel frame fabricator in his 40s not indicted (link)

A woman who was handed over to the prosecution on charges of forcibly moving her father's hospitalized father to a hospital and causing his death by preventing him from receiving treatment was acquitted. According to the legal community on the 28th, the Cheongju District Prosecutors' Office decided not to indict A, a woman in her 60s who was transferred on charges of manslaughter by abandonment of her husband on the 8th of last month. Last year, Ms. A was accused of moving her father, B, who was hospitalized, to another hospital due to the burden of nursing fees, causing his death. The attending physician, concerned that he would not receive proper treatment, tried to stop Mr. A from going to the hospital, but Mr. A did not comply and Mr. B eventually died. Mr. A denied the charges. Mr. B, who was suffering from a chronic illness, no longer wanted to receive treatment at the existing hospital, and personally signed the relevant documents, expressing his intention to refuse life-sustaining treatment. They also refuted that they had taken all necessary measures for Mr. B by finding a place that could provide the same treatment as the existing hospital and transferring him there. The prosecution ruled that Mr. A was not guilty. The prosecution said, "The signature on the documents related to life-sustaining treatment appears to have been written in the victim's handwriting, and there is no indication that pressure was applied by the suspect." He added, "It is also difficult to conclude that the act of stopping treatment was against the victim's will, as it is written in the opinion that 'the patient and guardian do not want surgery.'" Attorney Lee In-jun of Daeryun Law Firm, who represented Mr. He explained, “There must be a sense that the suspect is neglecting his duty of support,” and “Mr. A did his best to treat Mr. B even at the hospital where he was transferred, so the charge of abandonment itself could not be established.” Reporter Kwon Byeong-seok (bsk730@fnnews.com)[View full article] A man in his 60s who forcibly moved his father to the hospital and prevented him from receiving treatment... Prosecutor’s Office ‘Non-indictment’ (Shortcut)

“They strangled him and forced him to lie down... It was a habit of severe drunken violence.” Police said, “It’s all false.” Police said, “Some of the evidence photos were confirmed as ‘marks of surgical procedures’… The circumstances are unclear.” A case was revealed in which a man who was booked for assaulting his girlfriend was cleared of the charges after a police investigation. On the 29th of last month, Dongjak Police Station decided not to transfer a man in his 30s, who was booked on charges of assault. He was accused of strangling Mr. B and placing him on the floor so that he could not move. Mr. B claimed that Mr. A's actions caused injuries to various parts of his body. He also submitted a complaint to the police station, saying that he often used violence when drunk. On the other hand, Mr. A refuted that there was no assault at all. At the time, Mr. B, who was drunk, caused a disturbance on the street, and injuries occurred in the process of preventing it. At the same time, he claimed that he explained the situation to the police officer who was dispatched after the incident and returned home with Mr. B. In addition, he refuted that the drunken violence was a false claim made by Mr. B based on false evidence. The police determined that Mr. A was not guilty. The police said, “Looking at the photos of the wounds and bruises submitted by the victim, it is presumed that there was a physical conflict with the suspect.” However, the police officer who responded to the report at the time stated that he could not confirm the wounds on the victim’s body and did not hear the victim talk about the assault. “Considering all of these circumstances, it is difficult to clearly determine whether the wounds on the victim’s body were caused by the suspect’s actions or occurred before the incident,” he said. “Among the photos submitted as evidence of the assault,” the police said. It was confirmed through the victim's SNS account that some of the wounds were caused by treatment or cosmetic procedures due to health problems," he added. Attorney Seung-jin Yoo of Daeryun Law Firm, who represented suspect A, said, "When Mr. A broke up with him, Mr. B was sued for posting false information on his social media, and later created false evidence and counter-sued Mr. A." He added, "The police also judged that Mr. It appears that a judgment has been made,” he explained. Law Leader Reporter Son Dong-wook twson@lawleader.co.kr Man booked on charges of assaulting lover with ‘hurt’... turns out to be ‘false evidence’ (Shortcut)

“My ex-lover is asking me to return the things I gave him back. Do I really have to give them back?” It is common to see money and goods being exchanged between lovers. The forms vary widely, from everyday living expenses to expenses arising from cohabitation on the premise of marriage. The problem is when the relationship breaks down and one party demands a return of the money. From the perspective of the party requesting the return, it may be considered 'money to be returned for granted', but the law is not that simple. In order for a claim for the return of the loan to be recognized in a civil lawsuit, the plaintiff who filed it must prove the fact of the loan. It is difficult to objectively recognize the intention to lend based on simple details of the remittance, such as records of remittances to the other party, transaction details, and deposit/withdrawal accounts. In order to recognize that a rental contract has been established, substantive data regarding agreement of intent are required, such as an IOU or equivalent written text, a text message or email specifying a promise to repay, and a recording of a request for return or statement of repayment. However, in the case of romantic relationships, unlike general transaction relationships, there are rare cases where there is a clear contract or IOU on the background of money receipt. Therefore, the court also comprehensively examines the circumstances and relationship between the parties to determine whether the nature of the money belongs to a loan or a gift. In fact, this same issue was the key in the case I handled. While the defendant was dating the plaintiff, he received approximately 58 million won from the plaintiff on several occasions. However, when the relationship ended, the plaintiff filed a lawsuit demanding its return. At the time, the plaintiff claimed that the defendant borrowed money in the name of repaying the loan. However, there was no direct evidence that could prove the establishment of the contract, such as a rental contract or an IOU. First, the author consistently emphasized the basic principle of civil litigation that 'the person who claims must prove' and thoroughly passed the burden of proof to the plaintiff. It was also pointed out that between lovers, money is often provided without any special conditions. At the same time, he persuasively argued that it is reasonable to view this situation as a gift rather than a loan. In particular, he effectively refuted the plaintiff's claim by emphasizing that the plaintiff paid additional money even though the defendant had not repaid the money after providing the money, and that the plaintiff showed off his financial resources and said he wanted to help the defendant. As a result, the court also judged the plaintiff's claim of 'rental' to be insufficiently proven and dismissed the claim, freeing the defendant from a heavy financial burden. Attorney Kim Young-min of Daeryun Law Firm said, "When a dispute over rental money occurs between lovers like this, emotional judgment can only be used. “You must fully understand the relevant legal principles and establish an evidence collection strategy with a cool-headed judgment from the beginning of the case,” he said. “Only by organizing the facts by issue and constructing logical arguments through the credibility of the parties’ statements and organic interpretation of the circumstantial evidence can you reduce unnecessary disputes and defend yourself from legal liability.” Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr Rent dispute between lovers... Is it the price of love or money to be returned? (Shortcut)

Prosecutors said, “Role of providing certificates with fish weight and rank…Decided by chance.” Court: “Seeing it as a certificate has an expanded interpretation…Efforts such as fishing skills also affect the results.” The owner of a fishing spot who was put on trial for holding a speculative fishing competition without a permit was found not guilty. According to the legal community on the 26th, the Suwon District Court on the 10th of last month indicted a man in his 50s on charges of violating the Special Act on Regulation and Punishment of Speculative Activities, etc. The man, Mr. A, was found not guilty. Mr. A was accused of holding a speculative fishing competition at the fishing spot he ran for two years starting in 2021. According to Article 30 of the Special Act on Regulation and Punishment of Speculative Activities, anyone who engages in gambling activities without permission from the authorities may be punished by imprisonment for up to 3 years or by a fine of up to 20 million won. In the competition, the ranking was determined by the total weight of the fish caught by the guests, and prizes such as free fishing tickets were awarded according to the ranking. The prosecution judged that such a contest constituted a ‘giveaway business’ under the Special Act on Regulation and Punishment of Speculative Activities. A sweepstakes business refers to a business practice that provides participants with a certificate with a rank written on it and awards prize money according to the rank written on the certificate. The prosecution believed that the weight of the fish served as a certificate. Mr. A denied the charges. The weight of the fish is only a simple evaluation standard and has no legal properties as a 'certificate'. In addition, he emphasized that the contest was conducted independently among regular customers, and that the contestant did not receive any money other than the entrance fee to the fishing spot, so there was no profit purpose. The court found Mr. A not guilty. The court said, "The act of speculative activity as defined in the Speculative Activities Control Act is an act of gathering property or property profits from several people and determining the gain or loss in a coincidental way to cause property profit or loss." “Interpreting it as a certificate is an extended interpretation that is unfavorable to the defendant,” he said. He added, “As long as the weight of the fish caught by fishing during a relatively long competition time is added up for each guest, the fishing skills, skills, and efforts of the guests can also significantly affect the results.” He added, “It is difficult to view it as a business using a method that may cause a sense of speculative behavior because it is different from the nature of a sweepstakes business in which the winner is won in a simple and immediate way by chance.” Attorney Kim Young-min of Daeryun Law Firm, who represented Mr. A, said. “The weight of the fish is only a criterion for determining whether or not to win an award, so it does not function as proof or evidence that can prove winning,” he explained. “In addition, we were able to receive a not guilty verdict from the court by emphasizing that we did not use a device to artificially manipulate the outcome of the competition on the scale that measures the weight.” Reporter Seohyun Lee (sunshine@kyeonggi.com)[View full article] Held a fishing competition with regulars and was accused of ‘speculative business’… What is the court ruling? (Shortcut)