Press Coverage

A man in his 30s who was booked on charges of filling out a false marriage report to obtain a special loan for newlyweds was acquitted. In March, the Pyeongtaek Police Station in Gyeonggi Province decided not to forward a man in his 30s, Mr. A, who was suspected of failing to enter official records, etc. Mr. A was accused of filing a false marriage report with B, a woman he met through an acquaintance in 2023. Mr. B claimed that Mr. A had borrowed hundreds of millions of won from his family to move into a newly built apartment at the time, and that he had registered his marriage with him in order to repay this through a special housing loan for newlyweds. Mr. A denied the charges. It is true that he tried to repay the money he received through a loan to his family, but he emphasized that the loan was not the only purpose of the marriage. He added that the reason for the divorce was also due to personality differences with Mr. B. The police determined that Mr. A was not guilty. In order for it to be acknowledged that there was no intention to marry, it must be clearly acknowledged that the marriage was pretended from the beginning. The police determined that there was no specific and objective evidence to support Mr. B's claim. The police said, "The two purposes of a loan and marriage are compatible," and added, "Unless it is revealed that the loan was the only purpose of marriage, we cannot conclude that Mr. A truly has no intention of marrying." Attorney Kim Kyung-ah of Daeryun Law Firm, who represented Mr. A, said, "It is categorical to discuss criminal punishment solely for the fact that he requested a divorce immediately after registering his marriage." “During the investigation, we emphasized the fact that real estate was not a means of coercing marriage but an opportunity to decide to marry, and we were able to exonerate the charges by pointing out that Mr. B’s actions could create innocent victims,” he said. Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] ‘False marriage registration’ to repay loan for new apartment… The level of punishment is (link)

Samjung Enterprise and Samjung E&C, which are currently undergoing corporate rehabilitation, have recently detained the rehabilitation manager, including the chairman, under the Central Disposal Act. The court has been contemplating for 20 days over the appointment of a new manager. Samjung Enterprise, which is undergoing corporate rehabilitation procedures, is deliberating over the appointment of a new manager while its chairman was arrested due to a fire at the Banyan Tree in Busan. According to the legal community on the 24th, the Busan Rehabilitation Court is in charge of the corporate rehabilitation of Samjung Enterprise and Samjeong E&C. The 2nd Rehabilitation Division (Presiding Judge Han Kyeong-geun) is in the process of appointing a new manager. When the court initially decided to initiate rehabilitation procedures for Samjung Enterprise and Samjung E&C on the 19th of last month, it did not separately appoint a manager. The court usually guarantees the continuity of the representative's management by appointing the existing manager as a manager or considering the existing representative as a manager if the existing manager has not committed a serious management mistake such as embezzlement. Although they applied for rehabilitation procedures due to a management crisis, the purpose is to repay debts by normalizing management, so continuous management, including the existing manager's management know-how, trust relationships with customers, and sales, is possible. However, on the 4th, arrest warrants were issued for Samjeong Enterprise Chairman Park Jeong-oh and Samjeong E&C CEO Park Sang-cheon, who were under investigation for the Busan Banyan Tree fire incident, on charges of violating the Serious Accident Punishment Act. The managers who are in charge of the rehabilitation procedures of the two companies The position became vacant overnight. Currently, the restructuring officer (CRO) appointed by the court is acting on behalf of essential tasks such as salary payment, but if the administrator's absence is prolonged, the corporate revival of Samjung Enterprise and Samjung E&C may be disrupted. It is known that the court has been mulling over the appointment of a new administrator for about three weeks. A court official said, "As Samjung Enterprise and Samjung E&C are large companies in the region, the court decided to appoint a new manager. “We are putting a lot of thought into selecting a manager,” he said. “As the company is large, we need to select someone who knows the internal circumstances of Samjeong Enterprises well, but we are considering it carefully as investigations are currently continuing within the company.” Kim Won-sang, an attorney at Daeryun Law Firm, said, “Usually, when the existing manager is legally arrested for a criminal case, an external third party is appointed as the manager.” He added, “There is a pool of third-party managers within the rehabilitation court, and generally people from the financial sector, such as banks and securities companies, and large corporations. He explained, “It is composed of people who have served as financial directors, etc.,” and added, “It seems that the appointment of a new manager is being delayed because among these people, we need to find people who have experience working at least in a management position in an industry similar to Samjeong Enterprises or who have extensive experience working with large-scale companies from the financial sector.” Reporter Kwon Tae-wan (kwon97@newsis.com)[View full article] Samjeong Enterprises, whose chairman was arrested due to the Banyan Tree fire, is 'drifting' in rehabilitation procedures... Can't find the manager for 3 weeks (Shortcut)

Daeryun Law Firm announced on the 24th that it is implementing various welfare systems to support employees' work-family balance and self-development. The systems for self-development include refresh leave and career development leave. Self-development refresh leave is implemented to support employees’ recharge through rest, and can be used for up to 12 months. Executives and employees who seek to improve their job skills through graduate school, acquisition of certification, or overseas training can use the career development leave system for up to 24 months. Daeryun also strengthens a customized work-family work-family balance system to encourage customized childbirth and childrearing. This is to maintain the management value of being a family-friendly law firm and participate in overcoming the low birth rate crisis, which is a national task. Accordingly, executives and employees can utilize childcare leave, family care leave, infertility support leave, pre-adoption care leave, and shortened work hours during the childcare period. Spouses can also apply for infertility support leave, which allows them to have a period of time to prepare for planning a child, and is available for up to 3 months at a time. It can also be extended if necessary. Pre-adoption care leave can be used for up to 6 months to care for a child before or after adoption. This can also be extended if necessary. In addition, Daeryun supports women going through pregnancy, childbirth, and raising children so that they can work at the company without worrying about career interruption, and encourages male executives and employees to use related benefits such as parental leave and spousal maternity leave. As a result of operating these family-friendly policies, Daeryun received high praise for job creation, welfare system, and social contribution last year, and was selected as the ‘Best Job Creation’ by the Korea Credit Guarantee Fund. Daeryun Kim Kook-il Daeryun The CEO of Management said, "We are strengthening various welfare and benefit systems to help people achieve a balance between work and family and further develop their careers. We will strive to create an environment where children can be born and raised with peace of mind and demonstrate their work capabilities at work," adding, "We have established a public interest association to fulfill our social responsibility as a legal service organization. We will not only strengthen the welfare of our internal members, but also strive to engage in public interest activities for the underprivileged." Reporter Jeong Cheol-wook[View full article] Seoul Shinmun - Daeryun Law Firm introduces a refresh leave system... Leading the way in work-family balance (link) Dailyan - Daeryun Law Firm introduces refresh leave system... “Establishment of a culture of work-family balance” (link) Korea Economic Daily TV - "Employees must work well"... Daeryun Law Firm introduces refresh leave system (link) International News - Daeryun Law Firm introduces ‘refresh leave system’… Standing tall as a leading law firm in work-family balance (Go here)

Mr. A, a man in his 40s, was indicted on charges of forcible harassment early this year and sentenced to a fine in the first trial. The victim was a contract employee who worked at the same company. Mr. A was accused of touching the victim's body parts at a company dinner, but most of the charges were acknowledged at trial. This was because there were multiple witnesses, and other employees also testified that they had suffered similar damage from Mr. A. The prosecutor filed an appeal, saying that his client should be sentenced to prison. The client, who was once again in danger of being sentenced to prison, needed the help of a sex crime lawyer. The author who was in charge of this case first figured out the overall circumstances of the incident. After recognizing that an agreement with the victim could not be reached in the first trial, efforts were made to recover the damage, and as a result, a final agreement was reached. During the appeal process, these changed circumstances were emphasized and appeals were made for leniency. The appeals court dismissed the prosecutor's appeal. As the fine from the first trial was maintained, Mr. A was able to escape the risk of imprisonment. In the case above, if additional information unfavorable to Mr. A were revealed during the appeal process, a more severe punishment could have been imposed. This can be seen as a case where good results were achieved thanks to strategic judgment and quick response. In this way, forced harassment due to work-related power, etc. occurs due to power relations within the group. In most cases, the victim's free will is suppressed through dominance similar to a superior-subordinate relationship at work. Due to these characteristics, this crime is punished as an indecent assault by force in the workplace, etc. in accordance with the Special Act on the Punishment of Sexual Violence Crimes (Sexual Violence Punishment Act). According to Article 10 of the Sexual Violence Punishment Act, a person who harasses a person who is under his or her protection or supervision due to work, employment, or other relationships by means of fraud or force shall be punished by imprisonment for not more than three years or by a fine not exceeding 15 million won. What is important to note here is that an illegal act is recognized even if assault or threats, which are the elements of forcible harassment, are not used. Accordingly, the scope of the crime has expanded and the possibility of punishment has also increased. In addition, the sentencing standards have also been significantly raised. The Supreme Court Sentencing Committee held its 137th meeting last month and recommended that the basic statutory sentence for indecent assault by force at work be ‘6 months to 1 year.’ In addition, depending on the severity of the act, a maximum sentence of '10 months to 2 years' can be imposed, and if the crime is of poor quality, the upper limit of the sentence recommended by the sentencing standards can be specially increased by up to one-half. Attorney Lee Seung-chan of Daeryun Law Firm said, "Because forced sexual assault by force in the workplace is a sexual crime, if found guilty, security measures such as registration and disclosure of personal information and employment restrictions may also be imposed. Therefore, early in the investigation to prevent charges from being applied as much as possible. “It can be said that the best way is to develop a response strategy that suits your situation from the beginning.” If charges have already been applied, the top priority should be securing objective evidence to prove one’s claim, such as CCTV records at the time of the incident, text messages, and witness statements. It is necessary to maintain a consistent position in the statements of the investigative agency, and it is also necessary to keep in mind that an amicable agreement with the victim also plays an important role in handling the case. Reporter Gayoung Jin (lawissue) (news@lawissue.co.kr)[View full article] Forced harassment due to work-related force, etc. must be responded to quickly with legal assistance (Go to here)

Daeryun Law Firm prepares for various legal disputes targeting platform member companies “We will provide active assistance for long-term growth” Daeryun Law Firm announced on the 23rd that it has signed a business agreement (MOU) with IBS, an IR specialist platform. The signing ceremony was held at Daeryun Seoul headquarters on the 22nd with key working-level staff including Daeryun CEO Park Dong-il, IBS CEO Park Sang-ho, and executive director Lee Sang-mok attending. IBS Co., Ltd. is the largest domestic company. As an IR specialized platform company that operates IR MANSE, an IR community, it is building a diverse network of corporate practitioners. In addition, it provides practical business support services such as headhunting and research to a wide range of member companies. Through this agreement, Daeryun plans to provide benefits to IBS member companies for various legal services such as △ legal consultation and advice △ litigation support △ platform legal issue response, and improve customer accessibility by posting the Daeryun link on the IBS website. In addition, the two companies jointly plan and operate seminars, briefing sessions, and networking events to provide member companies with benefits. We plan to provide practical legal and IR-related information and cooperate in creating new business opportunities. IBS CEO Park Sang-ho said, "We are very pleased to be able to receive more professional and practical legal support through the business agreement between the two companies. We expect that the combination of Daeryun's expertise and IBS' strong network will greatly contribute to strengthening platform competitiveness and creating new businesses such as IR." Daeryun CEO Park Dong-il said, "IBS is a core company that provides very important information and networking opportunities to corporate practitioners." “Through this cooperation, we will provide the best legal services to IBS and member companies and actively support them to become a reliable partner for long-term growth,” he said. Meanwhile, the two companies plan to pursue joint development by improving member service satisfaction and expanding business areas based on close cooperation in the future. Reporter Cheon Ju-young (young1997@mydaily.co.kr)[View full article] My Daily - Daeryun Law Firm signs a business agreement with IBS (Click here) International News - Daeryun Law Firm signs MOU with IR platform company IBS... Strengthening business legal support (link)

The Busan Regional Bar Association (Chairman Kim Yong-min) held the ‘2025 Mandatory Training for New Members’ at the Nongshim Hotel in Oncheon-dong, Dongrae-gu, Busan on April 21. This training was conducted for 58 of the 112 new lawyers who joined the Busan Bar Association after April 2024. The new lawyers took lectures on ‘Basics of Civil Litigation’ by lawyer Hyun-jong Hwang (42, 42nd class of the Judicial Research and Training Institute), ‘Basics of Criminal Litigation’ by lawyer Jae-won Choi (44, took the 1st bar exam), and ‘Legal Ethics – Lawyer Act’ by attorney Ju-young Park (41st, 40th class of the Law Firm). After finishing the final lecture on ‘Ethics Education’ by lawyer Park Hyeong-jun (60, 24th class), there was also a time of fellowship with the executive branch. Kim Yong-min (50th, 30th class), President of the Busan Association, said, “We will generously support new members so that they can take their first steps through systematic education programs, practical mentoring, and active exchange.”[View full article] Busan Bar Association, mandatory training for new lawyers in 2025 (link)

The court ruled that the decision to expropriate should be canceled if there is a risk that the property rights of the expropriated land owner may be infringed due to failure to measure specific profits and losses when promoting the maintenance project. According to the legal community on the 23rd, the Busan District Court recently ruled in favor of the plaintiff in a lawsuit filed by landowner A against Busan City to partially cancel the disposition for designation of a maintenance area, including a disposition for designation of a maintenance area. The city is pursuing an apartment redevelopment project in 2023 and plans to transform about 38,000 m2 of land into a maintenance area. specified. Mr. A's land was included here, and Mr. A requested that his land be excluded from the maintenance area due to the reconstruction of a commercial building. However, the city of Busan rejected Mr. A's request on the grounds that it would reduce the public interest of the development, and Mr. A filed a lawsuit. Mr. A argued that his land was only a small part of the total development area, so even if it was excluded, it would not affect the progress of the redevelopment project. He also emphasized that the adjacent land had been excluded from the maintenance area for the same reason, and that including only his own land violated the principle of equality. In addition, he added that if the land is included in the maintenance area, its use will change from a general commercial area to an exclusive residential area and its value will drop. The city countered that if Mr. A's land is excluded, there is a risk of residual land being created and the road entering the maintenance area will disappear. At the same time, he explained that if Mr. A's land is excluded, there may be issues of equity with other landowners incorporated into the development area. The court ruled in Mr. A's favor. When looking at the land map, it was determined that if the land was included in the maintenance area, adjacent lands would remain as remnants, and since there was already other land corresponding to the road, it was unclear whether Mr. A's land was really necessary. At the same time, it is not clear what contribution to the public interest will be made if Mr. A's land is included in the maintenance zone, but it is believed that Mr. A will face serious restrictions in exercising his property rights. Attorney Kim Dae-su of the Daeryun Law Firm, who represented Mr. A, said, “When making plans, the administrative body must fairly compare and judge the interests of the people involved.” Reporter Jeong Cheol-wook[View full article] Landowner sues for “cancellation of maintenance area acceptance”… Court wins for plaintiff over “concerns about property rights restrictions” (Click here)

A real estate agent accused of forging a real estate customer's loan certificate was found not guilty. According to the legal community on the 23rd, the Nonsan Branch of the Daejeon District Court recently found Mr. A, a man in his 60s, not guilty on charges of forging private documents and attempted fraud. Mr. A lent 50 million won in cash to Mr. B, who was a real estate customer, on several occasions in 2019. At the time, the two men signed an IOU and a promise to pay interest; Mr. B passed away the following year due to a chronic illness. Afterwards, Mr. B's surviving family sued Mr. A, alleging that he had prepared a false IOU even though he had never lent money to Mr. B. In the process, the bereaved family submitted a signature evaluation result showing that the handwriting on the certificate did not match Mr. B's and claimed Mr. A's guilt. However, Mr. A immediately denied the charge. He claimed that he had actually lent the money and that the IOU was also written according to Mr. B's will. He explained that he had lent tens of millions of won in cash, saying, "Mr. B owned a house and land and said, 'I will repay even if I sell the land,' so I did not raise any suspicions." The court declared Mr. A not guilty. The court ruled, "If you look at the evaluation results submitted by the complainant, the handwriting on the IOU is different from Mr. B's handwriting," but "this content alone does not admit that Mr. A signed arbitrarily." “If Mr. A actually forged the handwriting, we need to know how he came to possess the stamp on the license, but this cannot be confirmed.” Attorney Byeon Gwan-hoon of Daeryun Law Firm, who represented Mr. A, said, “In the case of forgery of private documents, the ‘motive of forgery’ is an important basis for judgment.” “There is no reason to write it more than twice,” he emphasized. Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] The broker who forged the IOU for real estate customers was found not guilty even though his handwriting was different. Why? (Shortcut)

On the 2nd, President Trump announced a policy of imposing reciprocal tariffs on countries with trade deficits. It was announced that the reciprocal tariff rates for each country were set in consideration of differences in tariff rates for U.S. products and non-tariff trade barriers such as exchange rate manipulation, unnecessary permits, and quarantine, but in reality, it is presumed that the U.S. trade deficit and the import amount of the other country served as important criteria. In addition, President Trump also declared that he would withdraw tax exemption benefits for small parcels originating from China and Hong Kong. Previously, in early February, it had already announced the abolition of duty-free benefits due to the importation of fentanyl into the United States, but it was overturned the next day due to confusion in field operations at the time. The policy of withdrawing duty-free benefits for small parcels originating from China and Hong Kong, which was finally announced, is scheduled to take effect from May 2. The targets are goods manufactured in China and Hong Kong and shipped to the United States under $800, and tariffs are applied at 120% based on the product value. A fee of $100 per transaction will be charged from May 2 to 31, and a fee of $200 per transaction will be charged from June 1. Transporters must hold a certain level of deposit to guarantee payment of taxes and fees. In addition, it is necessary to submit mail-related information and proof according to the method set by the U.S. Customs and Border Protection (CBP). Currently, the volume of small parcels eligible for duty-exemption in the U.S. is estimated to be approximately 4 million per day as of 2024. Annually, it is approximately 1.4 billion, of which 60% are estimated to originate from China. Therefore, the abolition of the small-value duty-free system for Chinese goods is expected to have a significant impact on American consumers. In addition to the United States, major countries such as Korea, Japan, and the EU are also considering abolishing the duty-free system for small-value goods. This is because low-priced Chinese goods have been flowing into their countries in large numbers under the small-value duty-free system, disrupting the market. Looking at the small-value duty-free system in major countries, the duty-free limit is $800 in the United States, $150 in Korea ($200 for list clearance from the United States), It is 10,000 yen in Japan and 150 euros in the EU, but it can be seen that the tax exemption limit in the United States is higher than in other countries. The small tax exemption limit in the United States was originally $200, but was relaxed to $800 as of 2016. Since then, as e-commerce has grown rapidly during the coronavirus pandemic, problems such as increased drug smuggling through small packages and deepening China's deficit have grown, which led to a movement to abolish the small tax exemption system even within the United States at the time. And eventually, the second Trump administration announced the abolition of the small-value parcel duty exemption system for products originating from China and Hong Kong. As the market is disturbed by the large influx of low-priced Chinese goods, the EU is also exempting tariffs on small-value goods but imposing value-added tax from July 2021. Starting in March 2028, tariffs will also be imposed on small-value items less than 150 euros, so the duty-free system for small-value items is expected to be eventually abolished. In Korea, as the e-commerce market grew rapidly during the coronavirus pandemic, Chinese e-commerce companies such as Ali Express, Xuyin, and Temu also became active in entering Korea. However, while Chinese goods receive benefits such as exemption from customs duties and KC certification through the small-value duty exemption system, domestic businesses cannot apply small-value duty exemptions to goods for sale, so reverse discrimination became a problem as they had to pay customs duties and obtain relevant KC certification for all imported goods. As President Trump revoked duty-free benefits for small parcels from China and Hong Kong, Chinese e-commerce companies that were hit in the U.S. market are likely to target the Korean market even by dumping product prices. It got higher. And since Korea has a very low tariff rate compared to China, there is a risk that Chinese products will be imported in large quantities into the country for bypass export to the United States. Therefore, support measures are urgently needed to protect the domestic manufacturing industry, which is inevitably losing out in price competition with Chinese products. In addition, it seems necessary to revise the system appropriately so that the original purpose of the tax exemption system for small items, which is to improve the convenience of people's lives, can be revived. Small Business Team[View full article] Concerns about damage to domestic industry due to abolition of small-value duty exemption for Chinese products in the U.S. (Click here)

The legal procedures for citizens to protect their rights are becoming increasingly complex. We live in an era where it is difficult to seek relief for rights without the assistance of legal experts, not only in criminal cases but also in relatively small-scale private disputes and administrative dispositions. In this situation, the ‘10% value-added tax’ levied on the cost of hiring a lawyer is a structural barrier that prevents the realization of citizens’ basic rights. The current value-added tax law taxes almost all lawyer services except public defenders, legal aid, and public tax representation. This is because, unlike education and medical services, legal services are treated as ‘general services’. However, legal services are not the exclusive domain of companies or institutions. For the majority of the general public, especially the economically vulnerable, this tax is a burden that is not light. Based on awareness of this problem, in September of last year, Rep. Kim Sang-wook proposed a bill to partially amend the Value-Added Tax Act. The amendment mainly contains content that includes tax exemption for the services of lawyers in small claims cases, criminal litigation procedures, administrative trials, and administrative litigation under the Small Claims Trial Act, and in cases where the parties involved are economically disadvantaged. In other words, it can be said to be a limited but symbolic attempt at legislation in terms of protecting fundamental constitutional rights such as the right to seek trial and the right to assistance from a lawyer. However, this amendment is close to ‘partial first aid’ for structural problems. This is because citizens' basic rights are not limited to certain types of cases. Even general civil or family litigation can be a matter directly related to survival for the parties involved. However, if value-added tax is still imposed when hiring a lawyer in these cases, the economically vulnerable class will eventually have no choice but to give up legal action due to the financial burden. Kim Jeong-wook, president of the Korean Bar Association, explicitly pledged to realize ‘lawyer compensation value-added tax exemption’ during his election as president of the association. However, in order for the pledge to be realized, it needs to go beyond mere mention, and concrete momentum and legislative follow-up measures are needed. Now is the time for more structural and responsible practice at the association level. If legal services are recognized as public goods, a more comprehensive and sophisticated system design must be followed, such as a gradual expansion of tax exemption, a tax refund system, and comprehensive tax exemption for basic livelihood recipients, apart from limited tax exemption measures. Therefore, the Bar Association has a responsibility to go beyond simply ‘welcoming’ legislation and take the lead in the entire process, from passing the bill, specifying the system, and coordinating practical work with relevant ministries. Daeryun Law Firm will also contribute substantially to this change. We will first identify the types of cases that are in the blind spot of the value-added tax and lay the foundation for legislative and policy discussions by conducting a national survey and accumulating statistical data. We will accurately understand the reality faced at the forefront of practice and lead to system improvement. Through this, Daeryun will expand the way for citizens to more easily access legal services. ‘Taxes’ should no longer be an obstacle to realizing citizens’ rights. Now is the time to completely reexamine the value-added tax system from the perspective of the public nature of legal services and the guarantee of basic rights.[View full article] [Contribution] Lawyers’ value-added tax blocking people’s basic rights requires follow-up measures (link)