Press Coverage

A doctor who was suspected of issuing false receipts to patients and stealing insurance money has been cleared of the charges. Dongtan Police Station in Hwaseong, Gyeonggi Province, decided not to forward Mr. A, a doctor who was booked on charges of violating the Special Act on Prevention of Insurance Fraud last March. Mr. A is accused of issuing receipts with false medical expenses to patients for three years since 2019 and collecting 800 million won in actual insurance money based on these. The insurance company requested the police to investigate, saying that Mr. A issued receipts without performing surgery and caused patients to make false insurance claims. However, Mr. A denied the charges, saying, “Patients who were burdened with surgery costs had difficulty paying in full, so we first cut off the receipt so that they could pay only a portion of the surgery fee in advance and pay the remaining amount after receiving the insurance money.” The police determined that Mr. A was not guilty. A police official said, “The suspect received insurance money from patients as surgical expenses.” “The facts are acknowledged,” he said, but “except for the false receipt, the other documents, including the surgery confirmation, were written truthfully.” He also said, “There are no circumstances of forcing or inducing patients to undergo surgery, and there is no confirmation of conspiring to commit a crime.” He also ruled, “It cannot be considered that the insurance company was deceived.” Lawyer So-young Yoon of Daeryun Law Firm, who was in charge of Mr. “An insurance claim cannot be considered false just because payment has not been completed,” he explained. Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] “I issued a false receipt”…Doctor booked for insurance fraud ‘not guilty’ (Shortcut)

A hair shop employee who was sent to the prosecution on charges of making unfair profits by using customer information after moving to a competitor company was not indicted. On March 18, the Cheonan Branch of the Daejeon District Prosecutors' Office dismissed employee A, who was accused of violating the Unfair Competition Prevention and Trade Secret Protection Act (Unfair Competition Prevention Act), with 'no charges'. It was disposed of. Mr. A worked as a designer at a franchise beauty salon in July of last year, but when he moved to a competitor, he is accused of stealing trade secrets, including customer lists, and using them for business activities. The company filed a complaint, saying it had suffered enormous losses in business due to Mr. A. The purpose is that Mr. A contacted customers and induced them to refund their memberships. According to Article 18, Paragraph 2 of the Unfair Competition Prevention Act, if a company's trade secrets are leaked to the outside world, you can be punished by imprisonment for up to 10 years or a fine of up to 500 million won. Mr. A denied all charges. It is claimed that the customers contacted Mr. A voluntarily and that he never induced them to move the hair salon during this process. The prosecution decided that the charges were not admissible. The prosecution said, “It is acknowledged that Mr. A used information he learned while working after leaving the company, but it cannot be said that he used the trade secret for the purpose of causing damage to the company, considering that a customer he was previously in contact with contacted Mr. A first.” Attorney Kim Hyun-soo of Daeryun Law Firm, who represented Mr. A, said, “Trade secret infringement occurs when the trade secret is acquired and used for the purpose of making unfair profits through the trade secret or causing damage to the holder of the trade secret.” “It applies,” he explained, adding, “We were able to receive a non-indictment decision thanks to the fact that it was not confirmed that Mr. A persuaded or instructed customers to refund.” Digital Content Team[View full article] Hair shop designer accused of stealing customer information from former company... Prosecution: “Not indicted” (Shortcut)

Daeryun Law Firm: “Security and reliability must be thoroughly secured” An era has begun where patients can directly manage and utilize their medical records and health information. This is because the ‘right to request transmission of personal information’ system was implemented in earnest following the enforcement of the revised ‘Personal Information Protection Act’ in March. Legal experts advised that a technical and management system must be established as a major change has begun in the data flow between medical institutions and patients. On the 7th, Daeryun Law Firm introduced the systems that companies and institutions must have through a corporate and implications report on the revised personal information processing policy guidelines. The 'right to request transmission of personal information' is the right of the information subject to request that his or her personal information be transmitted to him or her or a third party, and the 'right to data portability' stipulated in the European Union's (EU) General Data Protection Regulation (GDPR) is adapted to domestic circumstances. This system was introduced. This system is a key axis of the 'My Data' policy that ensures that individuals can independently integrate and utilize their information on various platforms, and is being applied sequentially in sensitive information fields such as medical care, communications, and finance. Among them, the medical field is one of the core application areas of this system, and it is believed that it could have a significant impact on the future medical treatment and health management system. With the implementation of this system, patients will be able to use the Korea Disease Control and Prevention Agency, National Health Insurance Service, Health Insurance Review and Assessment Service, and tertiary general hospitals. Vaccination records, health checkup results, medical treatment details, medication history, diagnosis information, etc., which were distributed across public and private institutions, can be received directly or transmitted to the desired institution or platform. This makes it possible to transfer medical records between hospitals as well as integrated health management through the personal health record (PHR) platform. The Personal Information Protection Committee is expanding the scope of My Data application to the medical field, communications, energy, etc., and plans to establish a more solid institutional foundation for medical information transmission by 2026. Transmission of personal information must be done through a specialized intermediary agency, and is only permitted through encryption and API methods. Scraping methods are prohibited, and medical data is stored and utilized through specialized 'specialized organizations'. However, information that can be transmitted is limited to information provided by the information subject or created through activities, and data (risk prediction, profiling results, etc.) analyzed and processed by the hospital itself is, in principle, not included in the transmission target. Exceptionally, diagnostic information can be transmitted under the Medical Service Act. Officials predict that the institutionalization of the right to request personal information transmission in medical settings will not only establish patient-centered health information sovereignty, but will also become the basis for precision medicine and customized health management services in the future. Daeryun Law Firm said, "A patient-centered medical data utilization system has begun," and added, "Medical institutions such as general hospitals must thoroughly ensure the security and reliability of the data transmission process, considering the nature of handling sensitive personal information." He continued, "PHR. He added, “Platforms and digital healthcare companies, as recipients of transmitted data, must also meet the My Data registration requirements and have a technical and management system that guarantees the rights of information subjects.” Meanwhile, as the My Data project is recently on track, the government is also preparing specific guidelines for the transmission of My Data personal information. On the 6th, the Personal Information Protection Committee published the 'Guide to the MyData Personal Information Transmission Request System in All Fields', a draft of which was released in March last year and collected opinions.[View full article] “Medical information is now carried by patients”... Full-fledged implementation of transmission request rights (click here)

Served as Chief Judge of the Ansan Branch of the Seoul Central District Court and Suwon District Court... Daeryun Law Firm (CEOs Kim Kuk-il and Ko Byeong-jun), which has 21 years of experience as a judge and has excellent track records, including winning civil lawsuits worth 20 billion won and acquitting high-ranking public officials in criminal cases, has strengthened its litigation capabilities by recruiting lawyer Shin Il-soo (19th class of the Judicial Research and Training Institute), who served as chief judge of the Seoul Central District Court. Attorney Shin passed the 29th bar exam in 1987 and took his first steps into the legal field by being appointed as a judge of the Eastern Branch of the Busan District Court in 1990. Afterwards, he served as a judge at the Seoul District Court and Seoul High Court, and then as chief judge at the Seoul Central District Court, Suwon District Court, and Jeju District Court. He worked as a judge for 21 years and was active in various cases in the civil, criminal, and domestic affairs fields, and served as a standing mediator of the Seoul High Court and Seoul Central District Court from 2021 to 2025. The standing mediator system is a system that mediates and handles civil disputes without going through trial procedures, and is selected from among those with more than 10 years of legal experience or more than 3 years of experience as a civil or domestic affairs mediator. In particular, Attorney Shin has achieved outstanding results, such as defending Suwon A Cooperative to victory in a civil lawsuit worth 20 billion won, and obtaining a final not guilty verdict in the case of Park Ji-won, a member of the Democratic Party of Korea (then floor leader of the Democratic United Party), violating the Aggravated Punishment Act for specific crimes (e.g., aggravated punishment) for high-ranking public officials. Based on his expertise in the civil and criminal fields, he was also active in legal interviews for numerous broadcasting and newspaper companies. Attorney Shin will reside at the Yongsan branch office in Seoul and directly handle civil and criminal cases handled across the country. Lawyer Shin said, "'Integrity is the best virtue in life. He who goes steadily will eventually outpace those who go fast,' and he served as a judge for a long time and took charge of cases in various fields under the motto," and added, "The same is true after becoming a lawyer. My experience as a judge is a great help in carrying out litigation work. At Daeryun, we will carefully handle our clients' cases through the weapon of 'steady sincerity.'" CEO Kim Kook-il said, “Lawyers who were former chief judges are also handling cases directly, so I think Attorney Shin’s long experience will be of great help in strengthening Daeryun’s litigation capabilities,” and added, “We are improving the internal system, such as establishing a litigation management headquarters, and I am looking forward to Attorney Shin’s role as well.” Reporter Jeong Young-cheol (jyc6131@sejungilbo.com)[View full article] Sejeong Ilbo - Daeryun Law Firm recruits lawyer Shin Il-soo, former chief judge... Strengthening Litigation Competency (Shortcut) Segye Ilbo - Daeryun Law Firm recruits lawyer Shin Il-soo, a former chief judge... Strengthening Litigation Competency (Shortcut) Roishu - Daeryun recruits lawyer Shin Il-soo, former chief judge... Strengthening Litigation Competency (Shortcut) Seoul Shinmun - Daeryun Law Firm recruits lawyer Shin Il-soo, former chief judge (link) Tax and Finance News - Daeryun recruits lawyer Shin Il-soo, former chief judge... Strengthening the Litigation Department (Click here) International News - Former Chief Judge Shin Il-soo joins Daeryun... Rich practical experience, including winning a 20 billion won civil case (Go here)

Kim Tae-hwan, Daeryun Law Firm, a lawyer specializing in intellectual property rights, Q&A these days chatGPTIt's trendy to create Ghibli-style profiles.. The cute and warm illustrations make you smile the moment you see them, but the original photo is captured by artificial intelligence.(AI)learning this, It can be scary to think that it can be used for something else.. generative AI ChatGPTIs 2022year 11Since the launch of the month, issues related to personal information management have been consistently raised.. When using the service, personal information AIThis is because it cannot be free from privacy infringement issues in that it is learned and stored..Problems with personal information protection AI Occurs during the learning process. AIis the text, Patterns while processing unstructured data such as images, structure, Learn arrays, etc.. At this time AIis resident registration number, address, You may not be aware that your health information is sensitive personal information.. Therefore, information may be exposed in the process of memorizing and reprinting learned information.. Due to these factors, there is a possibility that personal information may be leaked or the rights of the information subject may be violated..We heard from a lawyer specializing in intellectual property rights about legal issues and countermeasures related to this.. This is a Q&A exchange with Kim Tae-hwan, a lawyer specializing in intellectual property rights at Daeryun Law Firm..▶ AI If the model learned and used individual information, could it be a violation of the Personal Information Protection Act??AI When the model learns and uses individual personal information, This may be a problem as it violates the Personal Information Protection Act.. According to the Personal Information Protection Act, a legitimate legal basis is essential for collecting, using, and providing personal information.. Personal Information Protection Act15The article stipulates that when collecting and using personal information, the consent of the information subject or legal requirements must be met..Same law15Joe and Je17Joe restricts the use or provision of personal information for purposes other than those intended.. The problematic part in this case is 'Data Subject Consent'It can be seen that. In order to process personal information, the consent of the data subject must be obtained first.. but, AI If the personal information included in the data learned by the model is already public information, there may be cases where it can be processed without consent, so review is necessary..Another issue depends on how to recognize the legitimate interests of the personal information processor.. The purposes for processing personal information must be based on reasonable and legitimate business needs;, The purpose must be evaluated as having priority over the rights or interests of the information subject..In other words, no matter how great the personal information processor's interests are, it may cause excessive infringement on the information subject or, If personal information is used in a way that the information subject does not expect 'legitimate interests'This means it is not recognized. In these situations, personal information AI Let them learn 2Secondary use increases the likelihood of violating the Personal Information Protection Act..Personal information provision notice text, Even if it is too small, it is illegal ▶ With the development of science and technology, problems with personal information processing are increasing.. If you have suffered personal information leakage, what are your countermeasures??Legal measures that can be taken in response to damage from personal information leakage mainly include fines or surcharges from administrative agencies., Civil damages claim, The same method as criminal charges can be used.. actually AIThis is a difficult issue as the representative lawsuit related to this has not yet been proceeded in Korea.. As for issues related to personal information, the Homeplus case is a representative criminal case.(supreme court 2017. 4. 7. sentence 2016do13263 judgment)An example can be given.. Personal information protection laws are enforced in the process of collecting and providing personal information for the sweepstakes.15Failure to properly comply with the notices pursuant to Article, Personal Information Protection Act17This is a case where the regulations regarding the provisions were not properly followed..In particular, notices regarding provision of personal information are written in small letters., It was not a situation where consumers could sufficiently read and agree.. This violates the legal requirement that clear notice and consent must be provided in the process of obtaining consent from the information subject.. Ultimately, the Personal Information Protection Act72Preparation2Ho and Je59Preparation1In accordance with no., Homeplus and the person in charge were held criminally responsible.. The incident 'lack of consent'class 'unclear notice'This is a case of violation of the Personal Information Protection Act and can be said to be an important precedent that sets legal standards for similar cases in the future..▶ Personal information processor AI In the case of service providers, what strategies should be developed to comply with related laws such as the Personal Information Protection Act??AI There is a possibility that the model's process of learning and using personal information may violate personal information protection laws.. thus AI Developers and service providers must clarify the legitimate legal basis and, Safety and the rights of information subjects must be thoroughly guaranteed.. Even when processing personal information disclosed in accordance with the Personal Information Protection Act, the legal basis and safety standards must be complied with., It is important to clearly obtain consent from the information subject..A specific consent procedure must be established and personal information must be thoroughly managed to ensure that it is not used or provided for purposes other than the purpose for which it was processed.. Safety measures must also be strengthened to prevent personal information leaks.. Safety is ensured under the Personal Information Protection Act.29Establishment of an internal management plan as specified in Article, It must include technical, managerial and physical measures related to access record storage, etc.. [View full article] “Is it okay for everyone to have their Ghibli profile leaked?”... Chat GPT and personal information infringement (link)

Approximately 900 people applied to participate in the class action lawsuit “We will hold legal responsibility until the end and lead to a just resolution” In relation to SK Telecom’s large-scale SIM information leak, Daeryun Law Firm, a large domestic law firm, filed a complaint and complaint against SK Telecom. Previously, Daeryun announced its official response policy through a statement on the 30th, saying that this incident was a serious matter that went beyond a simple information leak and undermined the public's trust in information protection. Around 2 p.m. on the 1st, attorneys Son Gye-jun, Shin Jong-soo, and Ji Min-hee from Daeryun Corporate Legal Group arrested SK Telecom's Yoo Young-sang on charges of Article 356 (breach of trust in office) and Article 137 (obstruction of official duties) of the Criminal Act at the Namdaemun Police Station in Seoul. Lawyer Gye-Jun Son said, “The members of our corporation are also victims of the same situation,” and “We deeply sympathize with the confusion and anger of the victims, and judged that this is a moment when a responsible response is necessary.” Regarding the charge of breach of trust, “The defendants (SK Telecom) and others are experts in the mobile communications industry, and although they recognized the need for office work such as the storage and use of users’ SIM-related information, they neglected management,” and added, “Among the three mobile communications companies, “Despite the only increase in operating profit last year, we pursued maximum corporate profits by reducing information security investment costs,” he said. He explained that what was particularly problematic was the circumstances of the manipulation at the time of reporting. SK Telecom first recognized abnormal signs in the company's internal system around 6:00 PM on April 18, and although it discovered malicious code around 11:00 PM on the same day, it delayed the recognition of hacking to 3:30 PM on April 20 and reported it to the Korea Internet & Security Agency (KISA). Regarding this, “SK Telecom's reporting of a false recognition time constitutes obstruction of official duties by hierarchy, and requires an appropriate initial response from government agencies.” “KISA has a public obligation to immediately take necessary measures in the event of a hacking incident in accordance with the Information and Communications Network Act, and SK Telecom’s hierarchical false reporting is a clear act of obstruction of this,” he said. Meanwhile, SK Telecom has not yet provided a specific explanation on the scale of damage from the leak or follow-up response. In response to this, Daeryun said, “The asymmetry of information is further increasing the damage,” and added, “We urge thorough investigation and accountability by investigative agencies, and hope that the substantive truth is transparently disclosed.” Lastly, Daeryun said, “The accusers and accusers are suffering great damage due to leakage of SIM card information due to professional breach of trust, while the defendants and accusers are not clearly disclosing the scale of the victims of the leak and the follow-up procedures.” He added, “I hope that this civil and criminal response will provide real relief to the victims. “We will do our best to hold legal responsibility until the end and bring about a just solution,” he emphasized. Currently, the number of applicants to participate in the class action lawsuit through the Daeryun website exceeds 900 as of 2 p.m. on May 1, and they also plan to file a claim for collective damages. Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic Daily - Daeryun sues and accuses SKT... “Best for relieving actual damage” (Shortcut) Yonhap News - SKT filed criminal complaint for 'USIM leak'... “We urge thorough investigation and accountability” (link) Yonhap News - Daeryun Law Firm Files Complaint Regarding SKT Hacking Incident (Click here) Newsis - Daeryun Law Firm filing a complaint regarding the SIM hacking incident of SK Telecom subscribers (Click here) Newsis - SKT sued and accused of 'USIM leak'... “Negligence in information management” (Shortcut) TV Chosun - SKT filed criminal complaint for 'USIM leak'... “We urge thorough investigation and accountability” (link) KBS - Additional charges of breach of trust and obstruction of official duties in ‘SKT hacking incident’… Class action lawsuit (link) KBS - SKT accusations continue... Measures to suspend new subscriber recruitment (click here) Korea Economic Daily - SKT charged with criminal charges... Class civil lawsuit also announced (link) Donga Ilbo - 100,000 people left SK Telecom in three days... Ministry of Science and Technology, emergency network inspection of three telecommunication companies, Nekao, etc. (Click here) Kookmin Ilbo - SKT faces criminal charges for ‘USIM incident’… “Call for thorough investigation and accountability” (link) Asia Today - SKT CEO charged with criminal charges for ‘USIM leak’… “Serious violation” (link) Kukje Newspaper - SKT filed criminal complaint for ‘USIM leak’… “We urge thorough investigation and accountability” (link) Busan Ilbo - SKT filed criminal complaint for 'USIM leak'... “We urge thorough investigation and accountability” (link) Empathy Newspaper - SK Telecom files criminal charges for leaking SIM information... Class action lawsuit participants exceed 900 (link) Munhwa Ilbo - A series of complaints and accusations against SKT for ‘USIM leak’… “Neglect of information management” (Shortcut) IT Chosun - SKT accused of ‘SIM leak’ [SKT SIM hacked] (Shortcut) Seoul Shinmun - Daeryun Law Firm files a criminal complaint against SKT for breach of trust and obstruction of official duties for leaking SIM card (Go here) Korea Economic Daily - Daeryun sues and accuses SKT... “Best for relieving actual damage” (Shortcut) Cookie News - SKT faces criminal charges for ‘USIM incident’… Preparations for group compensation continue (link) Sisa Journal - Will SKT be investigated by the police for 'USIM information hacking'? Submit a complaint (Go here) Segye Ilbo - Government “SKT, do not accept new subscriptions until SIM shortage is resolved” (Shortcut) Financial News - Daeryun Law Firm sues and files charges against SKT... “The best relief for actual damage” (Shortcut) Herald Economy - The USIM crisis is in full swing... SKT executives reported to police [World&] (Shortcut) Roishu - Daeryun sues and accuses SKT... “We will do our best to provide substantial relief” (Shortcut) iNews24 - Daeryun Law Firm sues SKT for 'USIM leak' (Click here) SBS Biz - [Industrial Behind the Scenes] SKT's 'USIM hacking' causes a stir... The biggest crisis since the company was founded (Shortcut) Busan Ilbo - How much is SKT's compensation and fine compared to the US case? (Shortcut) News 1- SK Telecom faces criminal charges for breach of trust due to ‘USIM hacking incident’ (Click here) YTN - Accusing SKT of 'USIM hacking'..."negligence to protect user information" (Shortcut) YTN - Accusing SKT of 'USIM hacking'..."negligence to protect user information" (Shortcut) Maeil Business Newspaper - SKT focuses on attracting customers despite lack of SIM cards... Government Super Strength (Shortcut) Yonhap News TV - SKT filed criminal complaint for 'USIM leak'... “Call for accountability” (link) Segye Ilbo - Government “Do not accept new subscriptions”… A sword was drawn on SKT (Shortcut) Asia Economy - “32 million won per person in hacking damage”… In the U.S., hundreds of billions in compensation and fines (link) Weekly Donga - SKT, the entire nation lined up for the ‘USIM hacking’ incident (link) OBC - SKT filed criminal charges... Call for accountability for 'USIM leak' (link) Asia Times - [Featured Stock] SK Telecom, down...KT-LG U+, etc. are strong (Click here) YTN Science - Accusing SKT of 'USIM hacking'..."negligence to protect user information" (Click here) TV Chosun - SKT filed criminal complaint for 'USIM leak'... “Neglecting information storage calls for investigation” (link) Radio Newspaper - SKT faces criminal charges for 'USIM leak' (link) Naeil Newspaper - Civil groups and legal circles file class action lawsuit against SKT (Go here) International News - Daeryun sues and accuses SKT... “We will hold you accountable for the SIM information leak until the end” (link) Current Affairs Journal e - According to the legal community, the issues in the class action suit for victims of ‘SKT SIM hacking’ are (go to) Newsworks - [SKT Hacking ②] Public sentiment ‘swelling’ due to delayed response and lack of communication (link) Nocut News - Legal action continues regarding SKT SIM leak... Compensation lawsuit/complaint (Go here) IT Chosun - Anxious spread of class action lawsuits and criminal charges against 23 million people... Possibility of compensation is [SKT SIM hacked] (link) Edaily - ‘SKT SIM hacking incident’ continues confusion... Police begin full-scale investigation [Case] ​​(Shortcut) Korea Economic Daily - Didn't stop even with Choi Tae-won's apology... 'SKT SIM hacking' class action lawsuits surge (Click here)

【 Anchor Comment 】Last year, the response rate for school violence victims was found to be 2.1%, the highest in 6 years. Despite successive measures, schools appear to be getting more bruised by violence. In particular, starting this year, records of school violence are mandatory in college entrance exams, and the 'reporting war' surrounding whether or not it is school violence has become heated. Reporter Byeong-soo Ahn covered the story. 【 Reporter 】 Last year, at an elementary school and a middle school respectively. This is the record of the open school violence committee. It is a case of sexual harassment and social violence committed against a classmate, and both cases resulted in a police report. ▶ Standing: Byeong-soo Ahn / Reporter - "These are lawsuit materials related to the school violence committee involving an elementary school student. Even though it is a single case, the considerable amount of documents is as much as a complex criminal lawsuit." Starting next year's college entrance exam, the 'fact of school violence' will be reflected as a factor in deducting points, and the fight within the school to somehow avoid recognition of school violence has intensified. This is an analysis.▶ Interview: Lawyer specializing in school violence - "With the issue of college admissions at stake, there are more and more cases of reporting school violence in response." The number of cases reviewed by the school violence committee last year was 23,000, and there is a possibility that it will increase rapidly in the future. In fact, there is a widespread perception in schools that I have to report first to win. ▶ Interview: Parents of students involved in school violence - "That's what everyone says, even teachers in the student affairs department. If you report it first, That person has the upper hand. (The school also knows) that there are dozens of appeals a year... "Education authorities have taken action to address the overheated atmosphere by announcing the 5th basic plan to prevent school violence. In the case of first and second grade elementary school students, they decided to support restoration of relationships. There is also an opinion that this mediation attempt will be effective in reducing indiscriminate reports of school violence. ▶ Interview (☎): Naeun-jeong / Lawyer - "There is a need for clear protection measures for student victims. In some cases, it is necessary to build a system that focuses on restoring relationships between students rather than punishment..." The Ministry of Education announced that it will create an environment in which conflicts between students can be resolved educationally. This is Ahn Byeong-soo of MBN News. Video coverage: Reporter Park Joon-young Video editing: Lee Beom-seong Graphics: Lim Ju-ryeong Ahn Byeong-soo Reporter (ahn.byungsoo@mbn.co.kr)[View full article] School becomes a battleground as ‘school violence’ is reflected in college admissions… “You have to report first to win” (Shortcut)

Namyangju Support "Transfer of store property after contract, business permission... applicable to business transfer under commercial law" A court ruled that even if a transfer contract was not signed when taking over a commercial space, if the same business was continued as before, it could be considered a business transfer under commercial law. According to the legal community on the 2nd, Mr. A acquired the restaurant from Mr. B and his wife, whom he had known in 2020. At the time, they received 55 million won in exchange for handing over all air conditioners, refrigerators, remaining food ingredients, and alcohol to Mr. A. However, two years later, when Mr. B and his wife opened a restaurant in the same industry near Mr. A's restaurant, Mr. A and Mr. B began to have a conflict, and eventually Mr. A filed a lawsuit, claiming that the couple did not keep the non-competition agreement signed at the time of transfer. In response, Mr. B and his wife signed a contract for a key money in exchange for the facilities. Therefore, it was argued that it does not constitute a ‘transfer of business under the Commercial Act’. He also refuted Mr. A's claim that the non-competition agreement was not kept, saying, "We never concluded it." On March 28, the 1st Civil Division of the Namyangju Branch of the Uijeongbu District Court, which heard the case, ruled in favor of some of the plaintiffs in the business ban lawsuit between restaurant owners A and B. In addition to an order to close the store, the defendant was ordered to prohibit business in the nearby area for 10 years after the transfer and to pay 5 million won in damages. In the ruling, the court said, "It is difficult to say that a non-competition agreement was concluded because there was no agreement on non-competition between the plaintiff and the defendant during the contract process," but added, "It is acknowledged that the defendants transferred the store property to the plaintiff after the contract and allowed him to continue business activities, which is equivalent to a transfer of business under the Commercial Act." The court agreed. In addition, the court ruled, “The defendants’ opening of the store two years later constitutes an act of violation of the duty to prohibit competition stipulated in Article 41, Paragraph 1 of the Commercial Act,” and “The defendants have an obligation not to engage in similar business activities near the plaintiff’s restaurant.” In relation to this, lawyer Jeong Yun-chae of Daeryun Law Firm, who represented Mr. A, explained, "In the process of handing over the store, Mr. B and his wife said, 'We will no longer run the store,' and even showed Mr. A a detailed list of customers, emphasizing that it was a business that could be operated stably." He added, "Continuous damage occurred due to violation of the duty not to compete, and mental damage could be recognized." Intern reporter Kim Mi-ji (unknown@kyeonggi.com)[View full article] The owner of the restaurant transferred it and reopened nearby... Court order to ‘close store and compensate for damages’ (link)

Military criminal law has traditionally strictly punished crimes against superiors in accordance with the legislative purpose of establishing military discipline. In the case of crimes committed against those of a relatively lower rank, there were no provisions for particularly aggravated punishment. The crime of abuse of power and cruelty, which punishes cases where officers abuse their power and commits harsh acts, has been in place since the enactment of the Military Criminal Act, but the provisions of the crime of cruelty through use of force, which also punishes harsh acts between soldiers, were only passed by the National Assembly in 2009, about 50 years after the enactment of the Military Criminal Act in 1962. Article 62 (2) of the Military Criminal Act stipulates that ‘habitually using force by using force’ It is stipulated that “any person who abuses or mistreats a soldier through assault, threats, or similar methods shall be punished by imprisonment for not more than five years.” Here, the interpretation of power is difficult to equate with the power of general criminal law applied among civilians. Power in criminal law is interpreted as ‘social and mental coercion to the extent of restricting the other person’s free will or actions.’ For example, when a boss uses his position to exert implicit pressure on a subordinate, force can be recognized if the victim is unable to refuse. On the other hand, the Military Criminal Act does not specify separate provisions on what constitutes force. Since the military is a special, controlled environment that requires strict hierarchy, there is room for power to be seen as always present. For example, in the military, even if a senior person says to a junior, “I don’t have a good attitude these days,” the junior can become anxious. This is because even ordinary words are accepted as orders that cannot be refused within the military. This also applies to the non-verbal expressions of superiors, such as facial expressions, gestures, eye contact, and voice tone and intonation. There is an incident that I actually experienced. The client was sent to the prosecution solely for the fact that he ‘suggested’ mental education, such as duck walking and an invisible chair, to his successor, who had moved in less than two months ago. As the atmosphere in the unit at the time was not heavy and the relationship with his successor was amicable, the client complained of being unfairly investigated by the police. My fellow lawyers, including the author, reviewed the correlation between the claims made by the client and the accuser as to whether or not they were powerful. In addition, based on the statements of his predecessors in the unit, he was able to assist in the case and end it with a non-indictment. Kim Young-soo, a military lawyer at Daeryun Law Firm, said, "Like this, power under military criminal law can be interpreted abstractly during the investigation or trial process, so it has the limitation of ambiguous judgment standards. To solve this problem, it is necessary to organize the concept of power under military criminal law more systematically. For example, just as there is a difference depending on whether the saying "Would you like to take a lap around the playground?" is done by seniority or motivation, it is necessary to focus on the content. In addition, the existing relationship between the parties and the reaction of the victim at the time. “etc. must be comprehensively considered, and if there is a need to interpret it differently from the concept of power in general criminal law, the work of codifying this in the military criminal law should be carried out in parallel to prevent unnecessary misunderstandings and unfair punishments.”[View full article] What is the ‘criteria for judging’ military lawyers regarding abuse of force? (Go to here)

A year after transferring the store, it opened in the same administrative district... “The royalties must be returned.” The court said, “There is no clause prohibiting competition in the contract… It is difficult to regard it as being in the same commercial area.” If the business transfer agreement was written in the form of a real estate lease contract and there was no separate clause prohibiting competition, the court ruled that it is difficult to apply the duty to prohibit competition under the Commercial Act. On the 13th of last month, the Jeonju District Court ruled that Plaintiff A lost in a lawsuit seeking compensation between restaurant owners A and B. Mr. A signed a contract to take over Mr. B's restaurant in 2020. At that time, Mr. A paid Mr. B about 70 million won, including the existing lease deposit and key money. However, the following year, a problem arose when Mr. B opened a restaurant somewhere else. The menu composition of the two stores overlapped as they sold similar food to the store that was handed over to Mr. A. Mr. A claimed that Mr. B violated the duty of non-competition. This is because at the time of signing the contract, they promised not to open a restaurant with the same menu within the same administrative district. In addition, they emphasized that the key money handed over during the contract process should be returned, saying that such violations led to a decrease in store sales and led to the closure of the business. In response, Mr. B countered that the obligation to prohibit competition under the Commercial Act does not apply because the store was transferred through a ‘real estate lease contract’ rather than a ‘goodwill sales contract’. At the same time, he argued that the names of the two stores were clearly different and that sales would not be affected by opening in a different commercial area from Mr. A. The court ruled in Mr. B's favor. The court said, “The transfer agreement was written in the form of a real estate lease agreement, and the contents did not include matters related to the obligation to prohibit competition,” and added, “There is no evidence of a promise not to open a business in the same administrative district.” He added, “The two stores have to travel 10km by car or bus, so they are a considerable distance away and their delivery areas do not overlap,” and added, “It is difficult to say that they belong to the same commercial district because there are restaurants selling similar menus in between.” In this case, Mr. Attorney Lee Ha-neul of Daeryun Law Firm, who represented the company, explained, “If you look at the transfer agreement, matters such as the transfer of business know-how, succession of business partners and employment, and the obligation to prohibit competition, etc. were not mentioned,” and explained, “This contract should be seen as meaning a key money agreement in which the new lessee pays separately to the existing lessee, not a business transfer contract under Article 41 of the Commercial Act.” Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] The owner transferred the restaurant and reopened with the same menu... Law: “It is not a violation of duty to compete” (Shortcut)