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public news agency
2025-07-11
[단독] 메가스터디, 대학 시험지 '유상 수집'…저작권 위반 소지 제기
[Exclusive] Megastudy, ‘paid collection’ of university test papers… File a claim of copyright infringement
Upload to the bulletin board without modification...Only paid members can download. Attorney Kim Tae-hwan, "Possibility of copyright protection...Cannot be provided only by payment of a price." Controversy is brewing as the university lecture site 'UniStudy', a subsidiary of the education company Megastudy (CEO Son Seong-eong), collects university midterm and final exam questions in exchange for cash compensation. In particular, criticism has been raised that the submitted test papers are inappropriate as they are uploaded to the bulletin board in their original text without modification and are provided only to paid members. There is also criticism that this kind of behavior was used as a means to secure members for ‘Unistudy.’ On the 1st, Megastudy posted an event through its application 'Cube' and university lecture site 'Unistudy' announcements, offering Shinsegae gift certificates to college students if they submit mid-term and final exam papers and genealogy. 'Cube' announced that it collects the most recent five years' worth of test papers from each university's midterm and final exams in an email format. If you submit only the test questions, you will receive a 10,000 won Shinsegae gift certificate, and if you submit an explanation of the correct answers, you will receive a 15,000 won voucher. According to the notice, the submitted test papers will not be returned and can be used as content creation materials for the subsidiary ‘UniStudy’. 'UniStudy' also stated that, limited to the most recent 5-year test papers, all who took a photo of the past exam paper and uploaded their genealogy would receive a 5,000 won gift certificate from CU Convenience Store and 20,000 won Unistudy points, and 7 people would receive a 30,000 won voucher from Shinsegae Department Store. Article 32 of the Copyright Act allows the reproduction and distribution of published works only for the purpose of evaluating knowledge and skills, such as entrance exams or qualification tests, but does not apply for commercial purposes. Since Megastudy announced that it will use the test paper to produce educational content, it can be interpreted that it has a clear commercial purpose. Another problem is that Megastudy uploaded the collected test papers to its bulletin board in their original text without modification. Since the test paper containing the test taker's original text is not a secondary work that has been summarized or edited, it is pointed out that it may be subject to copying and public transmission under copyright law. In particular, this material appears to be intended for commercial use as it is set to be downloadable only to paid members. A similar case in the past is the ‘Jokbo.com’ incident, which collected and provided high school test questions without permission. Regarding this case, the Seoul High Court judge ruled that “the test questions are creative works, and unauthorized collection and commercial use is copyright infringement.” The court ruled, "The plaintiffs, who are teachers, made a mental effort to measure the academic performance of students at their school and calculate their grades in accordance with their educational philosophy and presented the test questions in this case without copying others. Since it is recognized that there is a minimum of creativity in the expression of the questions and the expression of the proposed answers in the questions presented, it is reasonable to believe that the test questions in this case are works protected by copyright law." The legal community also pointed out that Megastudy's collection of university exam papers was inappropriate. Kim Tae-hwan, a lawyer at Daeryun Law Firm, explained, "University test questions are likely to be protected as copyrighted works. There is creative expression in the part that makes up the question, and because the expression, not the idea itself, is protected, problems that involve the professor's expert knowledge and creative judgment can be protected by copyright." He continued, “We cannot freely provide test questions to paid members because we did not obtain permission from the professor, the copyright owner, or the school, the transferee, but simply paid a monetary price.” A similar method can be seen in Megastudy’s ‘Unistudy’s ‘Unipass’. ‘Unipass’, a refund program for paid lectures, is a system that refunds tuition to students who achieve a certain grade standard, and requires submission of test papers as a condition for refund. This can also be interpreted as a structure to secure someone else's copyrighted work in exchange for monetary compensation. Megastudy has taken a strong stance against illegal copying or unauthorized distribution of its textbooks. In fact, in the past, we have taken strong action, such as demanding an apology from those who illegally spread it and posting this on our website. In this event, it is pointed out that it is inconsistent with the attitude it has shown so far in that it attempted to collect the works of university test takers and use them for its own content. This paper contacted Megastudy, but Megastudy did not issue a statement on the related controversy.[View full article] [Exclusive] Megastudy, ‘paid collection’ of university test papers… File a claim of copyright infringement (Go here)
KBC Gwangju Broadcasting
2025-07-10
'로맨스 스캠'으로 9명에 수억 원 뜯어낸 30대 男..징역 6년
A man in his 30s who defrauded 9 people of hundreds of millions of won through a 'romance scam'... sentenced to 6 years in prison
A man he met through an app...showed off his wealth to win favor and recommend investment. The court said, "He committed the crime while on probation for a similar crime. He needs to be severely punished." A man who stole hundreds of millions of won by taking advantage of the goodwill of the other person he found out through a smartphone application was sentenced to prison. According to the legal community on the 10th, the Jeonju District Court sentenced a man in his 30s, A, who was indicted on fraud charges on the 26th of last month to 6 years in prison. He is accused of stealing about 400 million won by contacting nine people, including Mr. B, whom he met. As a result of the investigation, Mr. A approached the victims by showing off his wealth, gained their favor, and then encouraged them to invest. The prosecution believes that Mr. A committed this crime for the purpose of repaying personal debt. During the trial, the victims pleaded for severe punishment, saying that Mr. A had repeatedly delayed repayment, saying he would repay the money. The court said, "The defendant deceived many victims. He said, "A large amount of money was defrauded," and "Above all, he committed the crime while on probation for a similar crime, so he needs to be severely punished." He then said, "The defendant also paid the defrauded money to some victims as a way to prevent them from committing additional crimes." He said, "It is difficult to evaluate that he purely restored the damage to the victims, and he was not forgiven by most of the victims." He stated the reason for sentencing. Daeryun Law Firm, which served as legal representation for the victim, Mr. B. Attorney Lee Jae-hyung explained, "Mr. A created expectations by making it seem like he would return some of the swindled money, preventing them from reporting it to the investigative agency," and added, "This was an act that caused additional damage to the victims, and the court appears to have judged this situation to be very poor and imposed a severe punishment." Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] A man in his 30s who defrauded nine people of hundreds of millions of won through a 'romance scam'...sent 6 years in prison (link)
Global Epic
2025-07-09
억울하게 성범죄 연루됐다면…수사 초기부터 법률가 조력은 필수
If you have been wrongfully implicated in a sex crime... Legal assistance is essential from the beginning of the investigation.
In sexual crimes, the victim's statement is often used as the main evidence. Therefore, even in situations where the suspect has been falsely accused, it is difficult for the suspect to defend himself. In particular, since rape and other sexual assault cases occur in private spaces, a truth battle must be waged to determine the truth, and in this process, actual damage such as social stigma can grow uncontrollably. The most important thing when caught up in sexual crime allegations is an accurate initial response and prompt securing of evidence. Before an investigation agency begins a full-scale investigation, they must systematically collect data that can prove their innocence. For example, text messages or messenger conversations with the other person, call records, photos, location information, CCTV footage that shows the circumstances of the meeting, and statements from bystanders can be crucial evidence to refute criminal charges. If there is data that can prove that the complainant was not at the time or place claimed, or explain the context, it is necessary to compile it. Reports of false sexual crimes occur more often among close relationships such as lovers and acquaintances than among strangers. After a relationship breaks down, emotional conflict or revenge comes into play, leading to exaggeration of the situation and false accusations. Looking at an actual case, there was a case where a boyfriend who broke up with his girlfriend was accused of sexual assault. The client protested that it was a normal encounter unrelated to sexual violence, but had difficulty in defending the case due to the specific statement of the accuser, his ex-girlfriend. In this case, the defense attorney focused on proving his innocence by collecting various records of messages exchanged with his ex-lover, photos, and third party testimony. In particular, it was emphasized that the two continued to have peaceful conversations and natural encounters even after the date of the crime claimed by the accuser. In addition, a record of the other party sending greetings after a certain period of time after the breakup was submitted as evidence. Based on this, we were able to successfully change the perception of investigative agencies. As a result, the case was able to be closed with a decision of 'not forwarded' at the police stage. Attorney Seo Bong-ha of Daeryun Law Firm in Seongnam said, "Sex crimes are serious cases that leave irreparable defamation and social disadvantage to the suspect, so if you are wrongfully accused, you need a quick and precise legal response more than anything else. If you make an unfavorable statement while trying to respond in the first instance alone, it can make the subsequent situation more difficult, so we have extensive case experience from the beginning of the investigation. He said, “Getting help from a sex crime lawyer is the starting point for a safe defense.” Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr If you have been wrongfully implicated in a sex crime... Legal assistance is essential from the beginning of the investigation (link)
5 places including Laurider
2025-07-09
법무법인 대륜, 공신연ㆍ국제탐정총연합회와 MOU
Daeryun Law Firm, MOU with Korea Public Prosecutors' Association and International Association of Detectives
Daeryun Law Firm announced on the 8th that it will strengthen the establishment of a legal support system for public interest reporting and investigation by signing an MOU with the National Coalition for Reporting Corruption in Public Officials (KOFIC) and the International Federation of Detectives. Daeryun Law Firm announced on the 8th that it will strengthen the establishment of a legal support system for public interest reporting and investigation. “This will be the starting point of a working-level solidarity model to realize social justice.” Daeryun Law Firm announced on the 8th that it will strengthen the establishment of a legal support system for public interest reporting and investigations. The agreement ceremony held at the Seoul Public Interest Activities Support Center on July 4th was held at the Seoul Public Interest Activities Support Center on July 4th. Key working-level staff, including Kim Dal-moon, head of the Seoul General Headquarters, and Na Yoo-in, president of the International Association of Detectives, attended. The Public Corruption Association is a nationwide civic group that aims to monitor corruption in the public sector and promote public interest reporting. We are leading public discussion activities to suggest alternatives to social corruption issues, demand disclosure of information, and spread a culture of integrity. The International Association of Detectives is an international private investigation network that aims to establish an institutional foundation in the field of detectives and private investigations, cultivate professional manpower, and establish legalization of investigative activities. It is leading the specialization of private investigations in various fields such as information collection, fact confirmation, fraud, disappearance, and illegal activity investigation. With this agreement, each organization will △ establish a system for legal support and reputation protection of public interest informants △ legal advice and review of results of corruption reporting and investigation activities, and △ private investigation activities. We plan to pursue various tasks such as providing guidance on interpretation of related laws and legal activities, jointly conducting ethics and compliance surveys for public institutions and local governments, establishing a counseling system to protect the socially disadvantaged and informants of illegal activities, and holding joint seminars, forums, and workshops for public interest campaigns. Na Yu-in, president of the International Association of Detectives, said, “The field of detectives performs the function of supporting social justice by revealing facts and truth.” “Through collaboration with Daeryun, we will increase institutional stability and social trust in the detective industry,” said Kim Dal-moon, head of Gongsinyeon. “In order for citizen reports to lead to changes in the system, the presence of legal experts is essential, and this agreement will serve as the foundation for action toward the public interest.” Daeryun Kim Gook-il, CEO of Daeryun Law Firm, said, “Daeryun will be a practical helper to ensure that public interest reports, private investigations, and citizen activities are not blocked by legal restrictions.” “We hope that this agreement will be a meaningful starting point as a working-level solidarity model.” Meanwhile, each agency plans to form a regular working-level consultative body in the future to carry out specific follow-up cooperation tasks step by step, such as joint response to various reported cases, development of legal manuals, and proposals for public interest protection legislation. Reporter Son Dong-wook, Lawleader twson@lawleader.co.kr Law Leader - MOU with Daeryun Law Firm, Korea Institute of Public Prosecution, and International Association of Detectives (Click here) Tax and Finance Newspaper - Daeryun, Public Correspondence Research Institute, and International Association of Detectives, public interest reporting and support business agreement (link) Sejeong Ilbo - Daeryun Law Firm, MOU signed with Korea Institute of Public Prosecution & International Detectives Association (Click here) Segye Ilbo - MOU with Daeryun Law Firm, Korea Institute of Public Prosecution & International Detectives Association (Click here) Venture Square - Daeryun Law Firm signed an MOU with Korea Institute of Public Safety and Security and the International Association of Detectives (Click here)
Money S
2025-07-09
"유포하겠다" 협박… 10대 소녀 집까지 쫓아가 범행 저지른 20대 실형
Threatened to "disseminate"... A man in his 20s was sentenced to prison for following a teenage girl to her house and committing a crime.
A man in his 20s was sentenced to prison for committing a sex crime by secretly recording a private conversation with a teenage female student and forcing them to meet. On the 11th of last month, the Daejeon District Court sentenced Mr. In addition, a 10-year ban on employment at child and youth-related institutions and 5 years of probation after the end of the sentence were ordered. Mr. A was accused of sexually assaulting Ms. B, a teenage female student whom he met through a mobile messenger last year, and filming the incident. As a result of the investigation, it was confirmed that Mr. A had recorded the sexual conversation that took place on the phone with the victim without permission and then used this as an excuse to encourage them to meet. Person B said that Mr. A came to his house and forced him to drink alcohol and committed this crime. He appealed for severe punishment, claiming that he committed the crime. In response, Mr. A denied the charges, saying, “The relationship was consensual.” This is because Ms. B answered ‘I understand’ when asked for consent before having sex. The court sentenced Mr. A to prison. The court ruled, "At the time of the crime, the victim's resistance was already suppressed by the defendant's threat to distribute the recording file," and "The victim's passive response of 'I understand' right before sexual intercourse cannot be viewed as a true exercise of sexual self-determination." It also said, "The method of the crime was very vicious, as he threatened the victim with a recording file, forced a meeting, and even committed adultery." He added, "He even committed the crime in his residence while the victim's parents were away. He stated the reason for the sentencing, saying, "Severe punishment of isolation from society, including not receiving forgiveness from the victim, is inevitable." Lawyer Hwang Se-jeong of Daeryun Law Firm, who represented Ms. B, said, "This case was not just a simple sexual assault, but a serious criminal act that destroyed the victim's personality through online media." He added, "Nevertheless, it appears that the court imposed a heavy punishment because Mr. Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] Threatened to "disseminate"... A man in his 20s was sentenced to prison for following a teenage girl to her home and committing a crime (link)
Money Today
2025-07-08
[기고] 미국 주거용 부동산, 안정성과 수익을 동시에 잡는 법
[Contribution] U.S. residential real estate, how to achieve stability and profit at the same time
Recently, the U.S. commercial real estate market is undergoing a structural transition. Due to the prolonged high interest rate trend, the establishment of telecommuting, and the expansion of online consumption, commercial assets centered on offices and retail are recording high vacancy rates everywhere. In some urban areas, the vacancy rate is close to 30%, and the real estate value adjustment that began in earnest after the pandemic has not yet ended. As uncertainty in the commercial real estate market grows, residential real estate, which has the advantage of relatively stable cash flow and possession of real assets, is attracting attention as a new alternative. In fact, residential real estate in the United States can expect a rental yield of 7 to 9% per year depending on the region, and is strengthening its position as an investment asset that generates fixed cash flow even in a high interest rate environment. In particular, from the perspective of foreign investors, the United States is the world's largest domestic market and has a structure that clearly guarantees legal ownership, so it is evaluated as an investment destination that can pursue asset defense and profit generation at the same time. However, the essential key to investing in real estate in the United States is not simply whether you can buy it, but how to operate it and with what structure to manage taxes and risks. In particular, in the case of residential real estate, various maintenance costs such as property tax, education tax, insurance premium, management cost, and repair cost are continuously incurred. In addition, since the United States has multiple tax systems at the federal-state-local government level, investors must have a prior understanding of regional tax rates, tax reduction systems, and taxation methods. Various tax reductions and tax-saving strategies exist throughout the United States, and their application requirements also differ from state to state. In particular, in high-density residential areas in the eastern region (New York, Massachusetts, Pennsylvania, etc.), tax reduction systems for actual residents or the elderly are relatively well developed. As such, the tax environment has a direct impact on the rate of return on investment, so it must be comprehensively approached from the perspective of the total cost of ownership as well as the simple sale price. These institutional characteristics can be understood in more detail by looking at New York State as an example. New York State is one of the representative states with a carefully designed tax reduction system for actual residents. First, the STAR (School Tax Relief) system is a program that provides education tax relief to actual owners whose annual income is less than $500,000. Additionally, if a senior citizen aged 65 or older resides in the property directly, they can receive a property tax reduction of up to 50% through the Senior Citizen Exemption system. In this way, when combined with a mid- to long-term holding strategy for actual residence or retirement purposes, the tax burden is significantly reduced. So, which areas in New York State are promising as practical investment destinations? A representative example is Syracuse. This city is a typical university city centered around the large campuses of Syracuse University and the State University of New York (SUNY), with a high proportion of out-of-state and overseas students and a lack of dormitory supply. As a result, rental demand for one-room or small apartments is steady, and the average monthly rent for a studio type (one-bedroom) is about $1,400 (about KRW 1.9 million). The sale price of this type of real estate is about $150,000 (about KRW 200 million), and it is a structure that can realize a rental yield of about 8-9% per year even without an actual owner. In particular, if certain requirements are met, it can be used as a complex asset management platform rather than a simple investment, as it can be used as a tax reduction through conversion to actual residence or as a tax saving strategy when gifting or inheritance after long-term holding. However, given that U.S. real estate is both a profitable asset and a high-risk contractual asset, professional legal and tax advice must be obtained first. Foreign investors are exposed to complex legal and institutional variables, such as application of FIRPTA (Foreign Real Estate Transfer Tax Act), possibility of disputes in lease contracts, state-specific tenant protection laws, and various litigation risks. A comprehensive risk management plan must be established, taking into account all possible risks not only during the sales process, but also at the holding and transfer stage. Ultimately, investing in U.S. real estate is not simply purchasing assets, but requires the same strategy and structure as operating an overseas business. Only by comprehensively analyzing all factors such as tax, law, profit, maintenance, and foreign exchange risk and preparing a response strategy can you prevent unexpected losses and achieve stable profit realization and asset defense at the same time. In an era where overseas asset allocation is more important than ever, structure is more important than information, and preparation is what surpasses expectations. When investing in residential real estate in the United States, only investors with legal safeguards can smile to the end. Small and Medium Business Team[View full article] [Contribution] U.S. residential real estate, how to achieve stability and profit at the same time (Shortcut)
Seoul Newspaper
2025-07-08
동료 추행 혐의 약식기소 70대…정식 재판서 무죄
Man in his 70s summarily indicted on charges of molesting a colleague... Not guilty by formal trial
A man in his 70s who was summarily indicted on charges of forcibly molesting a co-worker was cleared of the charges after requesting a formal trial. According to the legal community on the 8th, the Seoul Central District Court found Mr. A, who was indicted on charges of forcible molestation, not guilty on the 12th of last month. Mr. A was indicted on charges of touching his body while talking to his co-worker, Mr. B, in May of last year. Mr. B claimed that Mr. A molested him by touching parts of his body several times while urging him to sign documents. However, Mr. A denied all charges. They claimed that the security post designated as the location of the molestation was too narrow for two people to enter at the same time, and that the conversation was captured on CCTV. The prosecution concluded that the charges were acceptable and summarily indicted Mr. A. The court then issued a summary order to impose a fine of 5 million won on Mr. A, but Mr. A objected and requested a formal trial. The court ruled that Mr. B's statement was inconsistent and therefore unreliable. This is because Mr. B said to the police that Mr. A stroked his buttocks, but later claimed in court that he molested him by touching various parts of his body, including his buttocks. The court also ruled that even if Mr. A may have touched a part of his body while asking Mr. B for a signature, the possibility that this was a routine action without the intention of forcible molestation cannot be ruled out, and that it cannot be proven that Mr. A had the intention of forcible molestation even by combining the transcript and CCTV footage. Mr. A's legal representative Kim Jong-seo, a lawyer at Daeryun Law Firm, said, “In a sex crime case, if the victim's statement is the only evidence, it must be confirmed that the statement is significantly credible or is credible through other circumstantial evidence.” Reporter Jeong Cheol-wook[View full article] Man in his 70s summarily indicted on charges of molesting a colleague... Not guilty in formal trial (Go here)
international newspaper
2025-07-08
“주차하고 차에서 술마셨다”…음주운전 혐의 40대 무죄 이유는
“I parked and drank in the car”… The reason why the 40-year-old was found not guilty on drunk driving charges
A man in his 40s who was charged with driving a vehicle while under the influence of alcohol was found not guilty. The court accepted the defendant's claim, pointing out the lack of specific evidence and the insufficiency of the investigation process. The Tongyeong branch of the Changwon District Court found Mr. A not guilty on charges of violating the Road Traffic Act (drunk driving) on the 11th of last month. Mr. A was on trial for driving about 40km from a road in Haenam-gun, Jeollanam-do to a nearby gas station with a blood alcohol level of 0.074% at around 8 p.m. on July 27 last year. It was handed over. At the time, the investigative agency charged him with drunk driving based on the fact that Mr. A spoke gibberish and stated that ‘someone else was driving.’ It was confirmed that Mr. A, who had previously been on vacation with his girlfriend and an acquaintance, had been drinking while having lunch that day. After finishing his meal, Mr. A called a designated driver and arrived at the accommodation. Mr. A woke up a few hours later, got into an argument with his girlfriend, and then got into a car. Arriving at a nearby gas station, Mr. A drank a bottle of soju in the car and fell asleep in the back seat of the car. Afterwards, the police were dispatched following a report from a gas station employee, and a breathalyzer test was conducted. At trial, Mr. A completely denied the charge of drunk driving. Mr. A emphasized, “After an argument with my girlfriend, I was upset, so I drove to the parking lot, drank alcohol and fell asleep in the car. Even though I wanted to explain that I was not drunk and driving, the police were only interested in testing for breath alcohol. I presented a bottle of soju that I had finished drinking, but the police ignored this.” The court decided that it could not completely rule out the possibility that Mr. A had been drinking in the car after stopping near a gas station. The court stated the reason for the acquittal, saying, “The defendant was sleeping in the back seat at the time of discovery, and there was no one who witnessed the drunk driving.” The police officer who dispatched to the scene did not take pictures of the state of the soju bottle at the actual scene or leave any records about it. It is difficult to conclude that the defendant was drunk driving based on the evidence presented alone.” Attorney Song Jae-baek of Daeryun Law Firm said, “Among the evidence records in this case, there are no records that can be used to estimate the time and amount of Mr. A’s drinking. “There was no evidence,” he explained. “If we apply the Widmark formula, we cannot rule out the possibility that Mr. A’s blood alcohol concentration was in an elevated state at the time of the breathalyzer test. If we back-estimate his blood alcohol concentration through this, it cannot be concluded that he exceeded the punishment standard of 0.03% at the time of driving.” He added, “The investigative agency rejected this as evidence missing even though Mr. A himself retrieved the empty soju bottle he had consumed.” He added, “In accordance with Article 76 and Article 172, Paragraph 1 of the National Police Agency’s criminal investigation rules, the police officer should have made efforts to secure evidence, such as writing a live investigation report, so he could have been found not guilty because Mr. A’s claims were consistent.” Digital Content Team[View full article] “I parked and drank in the car”… The reason why the 40-year-old was found not guilty on drunk driving charges (link)
financial economics newspaper
2025-07-08
[칼럼] 선산을 상속재산분할 할 수 있을까?
[Column] Can prenatal inheritance be divided into inherited property?
Although it is rare, even in this era, there are families that have a ancestral temple, a graveyard, and a shrine and have continued the tradition of paying homage to their ancestors from generation to generation. Our family is one of them. My family is the head of the Seongsan family, and lives in a clan village in Hangae Village, Wolhang-myeon, Seongju-gun, Gyeongsangbuk-do. We have inherited ancestors, tombs, shrines, and ancestral rites from generation to generation, and have been serving our ancestors. Perhaps that is why the author has some experience representing the defendant in cases where the division of inherited property was requested. The ownership relationship of the mountain that enshrined the tomb of our ancestors can be broadly divided into two types. One is a method in which a clan, which is an unincorporated division, owns a mountain and entrusts the registered title to the clan representative or other trustworthy clan members. In principle, the Act on Registration of the Name of the Real Owner of Real Estate considers both the title trust agreement and the registration pursuant to this agreement invalid (Article 4, Paragraphs 1 and 2 of the same Act), but with regard to real estate held by a clan, an exception provision is made to recognize the effect of a title trust contract in which the actual rights holder and the registered name are different (Article 8, Paragraph 1 of the same Act). In this case, the registered holder of the deceased, that is, the title trustee, is determined by a contract between the clan and the title trustee, and even if the registered holder dies without settling the title, the title trustee's heir automatically succeeds to the title trustee. In the case of a change in ownership based on a title trust agreement, no gift tax, transfer tax, or acquisition tax is imposed. In reality, disputes often arise when the heirs of the title trustee claim ownership of the deceased's property against the clan because the clan and the trustee do not clearly write a contract. In order to prevent such disputes and risks arising from them, it is important to have the title trust agreement notarized and keep it well. The other method is for the person who presides over the ancestral rites to inherit the deceased's assets, etc. The Civil Code stipulates in Article 1008-3 that ‘the person who presides over the ancestral rites shall inherit the ownership of Geumyang forest land within 1 jeongbo of a tomb, farmland as tomb soil within 600 pyeong, and the genealogy and tools.’ The meaning of this law is, first, that in the case of the death of the heir who presided over the ancestral rite, Geumyang forest land, grave soil, genealogy, and ancestral rites are excluded from the inherited property subject to division. In other words, the Geumyang forest, graveyard, genealogy, and ritual tools are inherited solely by the next person who presides over the ancestral rites, and the person who presides over the ancestral rites not only inherits the title but also has complete ownership. According to the 2008 Supreme Court unanimous decision, if there is no agreement between the co-heirs, the eldest son of the deceased becomes the ancestor, if the eldest son has already died, the eldest grandson, and if there is no son among the co-heirs, the eldest daughter of the deceased becomes the ancestor. What is important to note is that Article 1008-3 of the Civil Act only applies in cases of inheritance and does not apply in cases where the deceased disposed of Geumyang forest land, grave soil, genealogy, and tools in advance. According to Article 8, Paragraph 3 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act, tax exemption applies up to 9,900 square meters for Geumyang forest land and 1,980 square meters for farmland with seedling soil. If the total asset value of Geumyang forest land and farmland with seedling soil exceeds 200 million won, tax exemption is applied only up to 200 million won. In reality, disputes often arise when other heirs claim that they will not recognize the mountain as Geumyang forest land and file a lawsuit to divide the inherited property, or when they question the status of the person who presided over the ancestral rite and file a lawsuit to confirm the status of the person who presided over the ancestral rite. If you want to inherit Geumyang Forest alone, you must take good care of the cemetery, the mountain that guards the cemetery, and especially the trees surrounding the cemetery. If the forest is cut down and some of the area is used for other purposes, the nature of Geumyang Forest will be lost. It would be best to familiarize yourself with these legal principles in advance to prevent family members from fighting over property, but if a dispute has already occurred, you should immediately contact a lawyer who specializes in inheritance and have the situation diagnosed. This is because inheritance issues are intertwined with inheritance tax reporting and payment deadlines, so the longer it is delayed, the more losses accumulate.[View full article] [Column] Can prenatal inheritance be divided into inherited property? (Shortcut)
Gyeonggi Ilbo
2025-07-07
휴대폰 팔았는데 보이스피싱 범죄 방조?...검찰, 대리점 점장 '불기소'
I sold a cell phone, but was I aiding and abetting a voice phishing crime?... Prosecutors, branch manager 'not indicted'
Prosecutors “A dealer salesperson has no legal obligation to confirm the purpose of activation.” The manager of a mobile phone dealership who sold and activated a mobile phone that was used in a voice phishing crime was not indicted. According to the legal community on the 7th, the Incheon District Prosecutors' Office cleared Ms. A, a woman in her 40s, who was charged with violating the Telecommunications Business Act and aiding and abetting fraud in May. Ms. A used a mobile phone from January 2021 to August 2023. While working as a store manager at a dealership, he was accused of providing four mobile phones worth 7 million won to members of a voice phishing organization. The police conducted an investigation, determining that Mr. A had aided and abetted the crime by condoning the use of the cell phone despite knowing that it would be used for so-called ‘mobile phone gangster’ purposes. In response to this, Mr. A denied the charge, saying to the police, “I checked my ID according to the telecommunication company activation manual, and there was nothing particularly suspicious during the activation process.” He also claimed, “There are cases where expensive phones are sometimes used for business purposes,” in relation to the police investigation into the use of the latest, expensive terminals for business use. The prosecution, which forwarded the case, determined that Mr. A was not guilty. This is because the intention to collude between Mr. A and the voice phishing organization is not recognized, and the mobile phone dealer has no legal obligation to individually check the customer's activation purpose. Moreover, in the case of some mobile phones, it was confirmed that employees other than Mr. A had activated them. Based on the results of this investigation, the prosecution concluded that Mr. A was not aware of the crime. Attorney Park Jeong-ho of the Daeryun Law Firm, who represented Mr. A, explained, “If the intent of aiding and abetting cannot be proven to the extent of excluding reasonable doubt, it must be judged for the benefit of the defendant.” He added, “Mr. A only performed his duties in accordance with the telecommunication company activation manual, had no knowledge of the crime of cell phone thievery, and did not receive compensation, so it was recognized that there was no intent.” Reporter Seohyun Lee (sunshine@kyeonggi.com)[View full article] I sold a cell phone, but I aided and abetted a voice phishing crime?... Prosecutors ‘not indict’ the store manager at the dealership (link)
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