Press Coverage

Daeryun Law Firm provides legal advice to Kyungdong University. Kyungdong University (President Seong-yong Jeon) announced on the 13th that it signed a business agreement with Daeryun Law Firm (CEO Kuk-il Kim), a limited company. At the agreement ceremony held at the Metropol Campus, about 10 people, including Young-hoon Lee, Vice President of Industry and Academic Affairs of Kyungdong University and Kwang-woo Lee, Daeryun's Chief General Counsel, attended the agreement ceremony. After the agreement ceremony, Kim Geum-chan, head of Kyungdong University's Employment and Welfare Department, said, “We are now able to provide high-quality legal services to university members,” and “I hope that our relationship with Daeryun will continue in various fields.” Attorney Gwang-woo Lee also said, “We will do our best to achieve common goals based on trust.” Daeryun, which opened in 2016 as the ‘Daeryun Comprehensive Law Office,’ achieved sales of KRW 112.7 billion last year, based on sales in the domestic legal market. We achieved the ‘fastest entry into the top 10’. It is known that the introduction of advanced law firm systems in the United States and other countries was instrumental in this rapid growth. Reporter Seo Dong-il (tami80@pressian.com)[View full article] Pressian - Kyungdong University and Daeryun Law Firm signed a business agreement (link) University Journal - Kyungdong University, business agreement with ‘Daeryun Law Firm’ (link) Newsis - [Yangju News] Kyungdong University-Daeryun Law Firm Business Agreement, etc. (Shortcut) Beyond Post - Kyungdong University signs agreement with Daeryun Law Firm... Strengthening legal services for university members (link)

Focus on pharmaceutical law revision, CSOIntroduction of reporting system, disclosure of expenditure reports, etc. 7Day ‘Compliance issues and practices in the pharmaceutical sector’A seminar on the theme was held at Daeryun Law Firm's headquarters in Yeouido, Seoul..This seminar was held last year in accordance with the revision of the Pharmaceutical Affairs Act. 10Monthly drug promotion salesperson(CSO) As regulations on illegal rebates in the pharmaceutical industry are being strengthened, including the implementation of a reporting system,, It was designed to explore response strategies for related companies..Seminars held online and offline included top domestic pharmaceutical companies., Bio/healthcare company affiliated with a large corporation, Legal affairs for global pharmaceutical companies, etc., compliance, Executives and staff in charge of the audit department 80More than 20 people attended, reflecting the industry's keen interest..gun 4This seminar, which was held in 2 sessions, included Choi Yun-jeong, attorney at Daeryun Medical Pharmaceutical Group,, Gyejun Son, Attorney at Corporate Legal Group, Advisor Choi Myeong-soon, Tax accountant Lim Jeong-oh participated.. In the first session, Attorney Yoonjeong Choi CSO We introduced the reporting system and the system for disclosing expenditure reports on details of economic benefits, which has been in full effect since this month..Attorney Choi “CSOWith the implementation of the reporting system, drug and medical device promotion salesmen are required to report., Pharmaceutical companies, etc. did not report CSOSales promotion work could no longer be entrusted to”said. also, About expenditure reports “CSO Since it is also included in the writing entity, it is a provider of economic benefits that is permitted., Scope and Content, There is a need to check and respond to regulations regarding storage of related data, etc.”as “Please note that if you violate the above reporting and expense report regulations, you may be subject to criminal punishment as well as administrative measures.”advised.In the second session, Attorney Kyejun Son, head of the Corporate Legal Group, discussed pharmaceutical industry rebate regulations and fair trade compliance programs.(CP)conducted an in-depth analysis of. Attorney Son analyzed cases of sanctions by the Fair Trade Commission and identified pharmaceutical companies as CP Presented a construction strategy.he is “CP Grading follows the evaluation criteria specified in the regulations on operation and evaluation.. It is a system where grades are given based on the calculated scores., Excellent grade companies will be fined, You can receive benefits such as reduction in corrective action.”as “Many pharmaceutical companies are already responding by forming dedicated departments.. Set a target grade CP It is necessary to establish an operation plan and inspect it through a checklist.”advised.In particular, Attorney Son said, is the efforts of the working staff also important? CEOHe said that it was necessary to strengthen the capabilities of the dedicated department as the will to implement and support also accounted for a large portion of the evaluation items.. As a solution to this △Best practice analysis △We proposed the discovery of improvements through inspection by external experts..The third presentation was by the Health Insurance Review and Assessment Service.(HIRA) Advisor Choi Myeong-soon, who served as the head of the Gwangju branch, took charge.. When Advisor Choi served as the director of the Pharmaceutical Management Information Center, he was the first in the country to ‘Pharmaceutical Distribution Management Team’By establishing a new system, it has contributed to the management of the pharmaceutical distribution system and the establishment of a foundation for the rebate investigation system..From a practical perspective, he discusses the characteristics and current status of the domestic and international pharmaceutical markets., Analyzed administrative dispositions for drugs that disrupted distribution order.. Advisor Choi “The domestic pharmaceutical industry is(generic drug) As a result of excessive sales competition centered on the domestic market,, Rebates that provide unfair profits to medical institutions have become prevalent.”While analyzing, Pharmaceutical industry rebate investigation and investigation cooperation system, HIRA's pharmaceutical supply history follow-up management and expenditure report investigation, Introduced rebate pharmaceutical administrative disposition practices, etc..At the end of his presentation, he “pharmaceutical, For the development of the wholesale and distribution industry, an environment for new drug development and quality improvement must be created.”suggested.In the last session, hospitals and clinics, Lim Jeong-oh, a tax accountant who has provided tax adjustment and advice for manufacturing companies, appeared as a presenter.. Tax accountant Lim explained tax issues that may arise when rebates are discovered and corporate response measures..Lim Tax Accountant “Past tax investigations were a structural constraint on the pharmaceutical market., Due to limitations in rebate tracking manpower and time, only corporate tax was imposed on providers.”as “However, the recent trend of tax investigations is to focus on revealing the attribution of income.. Therefore, if you are under investigation, you must respond by checking every detail.”He emphasized.Here, tax accountant Lim is subject to imprisonment and fines in the case of rebate providers.(It is possible to impose a necessary combination of punishment by subjecting more than one punishment at the same time.)He explained that this is possible, so caution is required..CEO Kook-il Kim “In the pharmaceutical industry, compliance is becoming increasingly important in operating a company stably.”as “We plan to hold regular seminars in the future to provide time to think together about difficulties within the industry, so please give us your interest.”He said.one side, Daeryun Medical & Pharmaceutical Group has pharmaceutical, bio, and healthcare centers under its umbrella., We provide services such as advisory, litigation, and legal consulting to help companies minimize legal risks..In addition, the group is led by group leader Song Jin-seong, a former doctor, and center director Lee Seo-hyung, who advises organizations such as the Ministry of Health and Welfare and the Korea Disease Control and Prevention Agency., Attorney Lee Il-hyung with experience at Celltrion and patent law firm, Soyoung Yoon, a lawyer with experience at the Ministry of Health and Welfare and HIRA, Attorney Choi Yoon-jeong, who advises companies such as pharmaceutical companies., Advisor Choi Myeong-soon, who served as the head of the HIRA Gwangju Branch, is active.. Reporter Park Jun-sik(parkjs@wowtv.co.kr) [View full article] Korea Economic Daily TV - Daeryun Law Firm successfully concludes seminar on ‘Compliance issues and practices in the pharmaceutical sector’ (Go here) Law News - Daeryun successfully concludes seminar on ‘Compliance issues and practices in the pharmaceutical sector’ (Go here)

As the accidental explosion of an Air Force KF-16 fighter jet that occurred in the area of ​​Idong-myeon, Pocheon-si, Gyeonggi-do on the 6th was revealed to be a man-made disaster, attention is focused on future compensation measures for the damage. A military legal expert said that there was a possibility that the state would seek compensation from the pilots. On the 11th, Pocheon City, Gyeonggi Province, announced that it would preemptively pay 1 million won per person in basic disaster income to ensure the stability of the lives of residents affected by the accidental bombing of an Air Force fighter jet and to guarantee their basic rights. In response to this, netizens responded, "The Air Force was at fault, but compensation is through taxes," and "Why are you giving the money to Pocheon City? Tell them to give it to the Air Force." Previously, Air Force Chief of Staff Lee Young-soo announced the interim results of the accident at the Ministry of National Defense building in Yongsan-gu, Seoul on the 10th. At the time, it was confirmed that the pilots of the two fighter jets made a mistake by entering the target coordinates incorrectly and did not properly perform the procedure to recheck the coordinates. In addition, the Air Force was also found to have shortcomings in management and supervision, such as the unit commanders, the former commander (colonel) and battalion commander (lieutenant colonel), not properly reviewing the work-level plan. As of the 10th, a total of 31 people were injured in the accident, including 19 civilians and 12 soldiers. It has been reported that more than 150 cases of damage to private homes have been reported. The government and local governments are specifying compensation plans and procedures in response to the unprecedented accidental bombing of private homes by fighter jets. Pocheon Mayor Baek Young-hyeon said on the 7th, "We will set up a reserve fund for damage such as damage to houses and take proactive measures to recover. We will review disaster relief funds for the affected areas." Victims of this accident are expected to receive compensation in accordance with the National Compensation Act. The National Compensation Act stipulates that if a public official causes damage to another person intentionally or through negligence while carrying out his or her duties, the state or a public organization shall be liable for compensation. Attorney Choi Hyun-deok of the Daeryun Law Firm, a former Air Force military prosecutor, said, "Victims can apply for compensation against the state, and then the Ministry of Defense's Compensation Deliberation Committee will review the matter and make a decision to pay compensation." As the Air Force cited 'pilots' mistakes' as the background to this accident, the state will later decide to do so. There is also an analysis that compensation may be claimed from the pilots. Regarding this, Attorney Choi said, "To date, the Air Force appears to be maintaining the position that the individual pilot's negligence led to the accident. According to Article 2, Paragraph 2 of the National Compensation Act, if there is a serious negligence on the part of a public official, the state can claim compensation for all or part of the compensation paid, so it is expected that the scale of disciplinary action will vary depending on the interpretation of the pilot's violation of duty of care." Military authorities said at the scene, "Compensation for damages." A 'On-Site Response Team' was organized and a briefing session was held for residents regarding compensation procedures and methods. Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] ‘Talented’ Pocheon misfire… “The Air Force was at fault, but compensation is paid through taxes?” (Shortcut)

A man in his 30s, who was tried and sentenced to prison for taking pictures of the body of a woman he was dating, received a reduced sentence in the appeals court. According to the legal community on the 12th, the 2-3 Criminal Division of the Seoul Central District Court recently sentenced Mr. He was sent to trial on charges of filming sex scenes with Mr. B, his lover at the time, without consent several times from April to September. In the first trial, the court sentenced Mr. A to 8 months in prison and detained him, ruling that "the method of the crime was poor and the nature of the crime is not good. Mr. B is complaining of mental pain and pleading for the defendant to be severely punished." Afterwards, both Mr. A and the prosecution appealed against the first trial ruling, and Mr. A's legal representative appealed in the appeal trial. “Mr. A sincerely apologized to Mr. B, and was forgiven after making efforts to recover from the damage. Mr. A has no history of being punished other than this incident and is deeply reflecting,” he said, appealing for leniency. As a result, the appellate court accepted Mr. A’s argument that the original trial’s sentence was too heavy. The court revealed the reason for the reduced sentence, saying, “We made a comprehensive judgment considering various sentencing conditions, such as the fact that the defendant admits the crime, the fact that Mr. B does not want to punish Mr. A by agreement at the trial, and the fact that it is his first offense.” Shin Seong-min, a lawyer at Daeryun Law Firm who is Mr. A’s legal representative, explained, “As the number of illegal filming crimes increases, there is a recent trend of imprisonment sentences even for first-time offenders. Sex crime cases must be responded to in stages with the assistance of legal experts from the beginning.” Reporter Jeong Cheol-wook[View full article] A 30-year-old man who illegally filmed his lover was sentenced to a reduced sentence on appeal... “Victim agreement and first offense consideration” (Shortcut)

[Original text] Two KF-16 fighter jet pilots blamed for accidentally dropping bombs on a village in Pocheon last week could face criminal charges, experts said Tuesday. The Air Force stressed that the pilots failed to follow the mandatory procedure of checking the coordinates of their target at least three times both before and after takeoff. "The pilots could be criminally prosecuted as they cannot legally dodge blame for the accident, even though it occurred during military training," Kim Young-sou, an attorney at Daeryun Law Firm LLC and a former justice at the High Court for Armed Forces told The Korea Herald. Another expert in military law echoed Kim's sentiment, saying that the pilots could be charged under Article 268 of the Criminal Act for causing injury by occupational negligence. A military advocate-turned-attorney, requesting anonymity, explained that the pilots, if found guilty, could face a maximum prison sentence of five years or a fine of up to 20 million won ($13,722). “It seems in this case, even though the pilots accidentally dropped the bombs during a military exercise, they could be charged with violating Article 269 of the Criminal Act,” the attorney said. “The authorities could also find the group commander and the squadron commander of the unit responsible for breaching the law, as they were in charge of overseeing the drill.”Both the group commander and the squadron commander were dismissed from their posts as of Tuesday, the Defense Ministry said in a text message to reporters. The cited ministry dereliction of duty as the main reason behind their latest decision. Insufficient command management and supervision were other reasons that were cited.According to an interim investigation report released by the Air Force on Monday, inadequate management was another cause of the accident. The group commander, who was responsible for overseeing the safety of the exercise, failed to do so as related instructions were passed down to the squadron commander, who is lower in rank, the report said. fatalities, so the punishment is likely to be less severe,” said the professor, who requested anonymity.The remarks come amid divided views on whether the military officers can be criminally charged due to the fact that the incident occurred during a military exercise.South Korea’s Defense Ministry launched an in-depth investigation into the incident on Monday, citing the gravity of the situation. Jung Min-kyung (mkjung@heraldcorp.com) [Korean Translation] Two KF-16 fighter pilots who accidentally dropped a bomb in a village in Pocheon last week could face criminal punishment, experts said on the 12th. On the 11th, the Korean Air Force reconfirmed that the cause of this accident was pilot error, and reported that 31 people were injured in the accident, 19 of whom were civilians. The accident occurred in Nogok-ri village, Idong-myeon, Pocheon, near the border with North Korea. The Air Force emphasized that the pilots did not follow mandatory procedures to check the target's coordinates at least three times before and after takeoff. Attorney Kim Young-soo of Daeryun Law Firm (former Supreme Court Justice of the Military Court) said, “Pilots can be subject to criminal punishment even if an accident occurs during military training because they cannot legally avoid responsibility.” Another military law expert agreed with Attorney Kim's opinion and stated that pilots could be subject to criminal punishment for causing injuries due to negligence in their duties. “If the pilots are found guilty, they could face up to five years in prison or a fine of 20 million won (about $13,700),” explained a former military lawyer who did not reveal his identity. He said, “This accident was a mistake that occurred during military training, but there is a possibility that he will be punished for violating Article 269 of the Criminal Act,” adding, “The unit commander and squadron commander who supervised the training may also be held responsible for violating the law.” The Ministry of National Defense announced that the unit commander and squadron commander were dismissed from their positions as of the 12th. The Ministry of National Defense cited their neglect of duty as the main cause, and also cited a lack of command, management and supervision as the reason. According to the interim investigation results announced by the Air Force on the 11th, another cause of the accident was lack of management. The report stated that this was because the unit commander, who was responsible for supervising safety, failed to properly implement it, and related instructions were passed on to the lower-ranking squadron commander. The military law professor pointed out that the pilots could be subject to criminal punishment, citing past cases, but explained that considering that this incident occurred without casualties, it is highly likely that they will receive a lighter punishment, such as military discharge. “In the past, there was a case where a lieutenant was sentenced to prison for causing the death of a soldier due to a shooting mistake during training, but since there were no deaths in this accident, the punishment is likely to be lighter,” said a military law professor who requested anonymity. This remark came amid differing opinions as to whether or not criminal punishment should be imposed as the accident occurred during military training. The South Korean Ministry of National Defense announced on the 11th that it had begun an additional investigation considering the seriousness of the incident. Reporter Jeong Min-kyung (mkjung@heraldcorp.com)[View full article] Air Force pilots in accidental bombing could face criminal charges: experts (link)

The basic spirit of the patent law is to promote industrial development by encouraging invention and disclosing technology., Developers are granted exclusive rights for a certain period of time as compensation.. In particular, because the value of technology is important in the pharmaceutical and bio industries, 'patent'The importance of can be said to be very great.. However, the current patent period is based on the application date. 20years and years, For medicines, the maximum 5Extension is possible for less than a year(There are also issues related to this due to the recent revision of the patent law.).IMS Institute for Healthcare InformaticsA report published by(Price Declines after Branded Medicines Lose Exclusivity in the U.S)According to, All drugs are proprietary(patent)After losing this 1Drug prices within a year 51% fell. 10When years have elapsed, the maximum 88%plummeted to. Strengthening the item approval process, Due to competition with new technologies, the difficulty of developing new drugs increases and development costs increase accordingly., The moment the patent expires, the price of the drug plummets, so the expiration of the term is more fatal to the original pharmaceutical companies than anything else.. Therefore, original pharmaceutical companies have no choice but to always try to compensate as much as possible for losses resulting from patent expiration..As a result, many original pharmaceutical companies adopt a strategy of continuously filing for follow-up patents before the existing patent expires, effectively achieving the same effect as extending the patent period.. generic drugs, The purpose is to block so-called generic drugs from entering the market and extend the period of maintaining market occupancy., This is usually 'Ever Greening(Evergreening) patent strategy'It is said that.◇Various Types of Evergreening Patents The original purpose of patents is to protect innovation and R&D(Research and development)To promote, If the evergreening strategy is abused, it may work differently from its original purpose.. Companies are using various methods to extend the protection period of existing patents within the legally permitted range., The main types are:.①Formulation(Formulation) change: Contains the same active ingredients but sustained-release formulation, Apply for a patent for a new dosage form such as oral or injectable form②use(Indication) change: New indications in addition to the original therapeutic purpose(medicinal uses)Applied for a patent on③furtherance(Composition) change: Improved effectiveness by changing composition ratio and applied for new patent on this④production process(Process) improvement: Applied for a patent optimizing the production method of existing drugs⑤combination drug(Combination Therapy): A representative example of applying for a patent for a new composition with improved efficacy and effectiveness by combining existing single-ingredient drugs with other active ingredients is Viagra.(Viagra)and Lipitor(Lipitor)You can choose. Developed by the American pharmaceutical company Pfizer, Viagra was originally a cardiovascular treatment.. However, during clinical trials, a new effect for treating erectile dysfunction was discovered, and Pfizer applied for a new patent due to change of use.. Accordingly, the original patent expiration date was 2012year 3in month 2019year 10Approximately per month 7Exclusive rights extended for one year. Through this, the erectile dysfunction treatment market 92%was able to generate enormous profits, including. Pfizer's hyperlipidemia treatment Lipitor 2007year 5Month original patent expired. However, in order to defend profits, starting with the first material patent, preclinical 3Continuously applied for follow-up patents throughout the entire phase.. Optical isomer patent, Combination drug patent, Various efforts were made to defend profits even after the expiration of patent rights, such as filing for amorphous patents..◇The positive and negative aspects of Evergreen's patent strategy from the perspective of health care authorities., Evergreen's patent strategy has both positive and negative aspects.. In some countries, there are attempts to regulate it through fair trade laws or patent abuse by focusing only on the negative aspects., It is difficult to deny that Evergreen's patent strategy also has positive aspects..①positive side: From the original pharmaceutical company's perspective, it is possible to secure stable profits through new patents, and based on this, an environment is created in which investments in new research and development can be made.. In fact, because the development of new drugs requires enormous costs and time, some argue that a certain level of market monopoly is necessary for continuous research and development.. Another patient(consumer)Real benefits can be provided to. A typical example is when the convenience of taking is increased or side effects are reduced through improved drug formulation.. If the goal is to actually improve quality and improve the quality of life of patients rather than simply extending the monopoly, this can be a positive factor..②negative side: Contrary to the above, patients may suffer losses due to restrictions on competition.. Subsequent patents make it difficult for generics to enter the market., As a result, drug prices rise.. Patients do not have the opportunity to use cheaper alternatives, which leads to increased medical costs.. If it goes further, it will lead to loss of insurance finances on a national level.. In some cases, there may be a possibility of becoming embroiled in legal disputes.. Recently, regulatory agencies have tended to strictly judge the inventive step of composition patents, etc., so there is a possibility of invalidation.. In addition, if it is judged to be an abuse of patent rights, regulatory agencies may take action under the Fair Trade Act, etc.. Generic companies may become embroiled in another dispute by filing patent invalidation trials, rights scope confirmation trials, or using other strategies to avoid patents altogether..Evergreening patent strategy is an important tool for maximizing the profitability of pharmaceutical and bio companies.. However, if abused, it not only undermines fair competition., It can also cause harm to consumers.. Therefore, in order for the pharmaceutical industry to achieve sustainable development in the future, a certain degree of balance with legal regulations is necessary.. At the same time, companies will be required to develop innovative new drugs and develop ethical and fair patent strategies rather than simply extending monopolies.. Small and Medium Business Team [View full article] [Contribution] Evergreening’s patent strategy, various shapes and shades (link)

Served as a prosecutor at the Gwangju District Prosecutors' Office and a judge at the Gwangju High Court... Daeryun, who is also active in corporate litigation, said on the 11th, “We will strengthen our litigation capabilities... We will provide more trustworthy legal services.” Daeryun Law Firm announced on the 11th that it has recruited lawyer Kim Jun-seong to strengthen its litigation capabilities. Attorney Kim Jun-seong passed the bar exam (39th) in 1997 and took his first steps into the legal field by being appointed as a prosecutor at the Seoul District Prosecutors' Office in 2000. Afterwards, he took charge of violent crime cases, including food and transportation, and sexual violence, at the Gwangju District Prosecutors' Office and the Seoul Eastern District Prosecutors' Office. Afterwards, Attorney Kim was appointed as a judge in 2008 and served as a judge at the Gwangju District Court and Gwangju High Court, where he tried various cases. After completing 15 years of public service, Attorney Kim began practicing as a lawyer in earnest in 2013. Based on his experience as a judge and prosecutor, he has achieved not guilty verdicts in major criminal cases such as traffic accident fatalities and violations of the Explosives Disposal Act. He has also shown success in civil cases by handling sales claims lawsuits for several local housing associations and winning unjust enrichment lawsuits against the National Health Insurance Service. In addition, Attorney Kim also holds a qualification as an accountant. Based on this, he is active in corporate litigation related to accounting supervision and taxation, including successfully handling cases of violation of the Tax Punishment Act. Attorney Kim will reside at the Daeryun Gwangju headquarters branch office and will take charge of cases such as violent crimes, sex crimes, and traffic crimes requested from all over the country. Attorney Kim Jun-seong said, “I am happy to join Daeryun, a large law firm that always leads innovation in the rapidly changing legal service market,” and added, “Based on my experience in handling a variety of cases. “We will provide the optimal solution to our clients,” said Kim Kuk-il, CEO of Daeryun, adding, “With the addition of Attorney Kim, who has extensive experience in various fields, including civil and criminal, our litigation response capabilities have been further strengthened.” He added, “With the addition of Attorney Kim, we will be able to provide more trusted legal services to our clients.” Reporter Jeon Yong-mo (sisalaw@lawissue.co.kr)[View full article] Roishu - Daeryun Law Firm recruits lawyer Kim Jun-seong, who served as a judge and prosecutor (link) Law News - Daeryun recruits former Gwangju High Court judge Kim Jun-seong (link) International News - Daeryun Law Firm recruits lawyer Kim Jun-seong, who has served as a judge and prosecutor (go to the link)

Used corporate card/account for personal purposes for 2 years… The court issued a suspended sentence to an office worker who used 200 million won of company money for personal purposes, saying, “Significant financial loss was caused… Consideration of repayment and settlement of damages.” On January 8, the Incheon District Court sentenced Mr. A, an office worker in his 40s who was put on trial for business embezzlement and breach of trust, to 1 year and 2 months in prison and 3 years of probation. Mr. A, who worked in the company's finance team, was He was handed over to trial on charges of unauthorized use of the company's corporate card 1,348 times over a period of about two years starting in August 2021. In addition, he was also suspected of withdrawing money from the corporate account 92 times and using it for personal purposes. As a result of the investigation, it was confirmed that the damage suffered by the company due to Mr. A's actions was close to 200 million won. Afterwards, Mr. A was fired from the company on the grounds of embezzlement of public funds. Mr. A admitted to all charges. However, the company argued that it should be excluded from the damage amount, saying that it did not pay wages and severance pay. The court sentenced Mr. A to probation. The court said, “The defendant repeatedly used a corporate card and withdrew money from the account and used it for personal purposes,” and “This caused a significant financial loss to the victim.” However, the court said, “It appears that the amount owed to the defendant, including wages, was partially offset from the amount of damage,” and “We took into account the fact that the defendant repaid a portion of the amount to recover the damage and that the victim also wanted leniency through an amicable settlement,” and stated the reason for sentencing. In this case, Mr. A was represented. Attorney Lee Jae-hyung of Daeryun Law Firm (Limited) said, “Some of the card payments used by Mr. A without permission were work-related, so it was difficult to regard all the amounts as actual damages.” He added, “It appears that the suspended sentence was imposed taking into account the fact that Mr. A promised to recover damages.” Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] An employee in his 40s who embezzled 1,348 corporate credit cards and 200 million won in company money received probation (link)

It turns out that the certificate I received at the time of signing the local housing association membership contract is invalid... Deposit refund lawsuit court said, "If there was no certificate, the contract would not have been made... the parties must also ratify for it to be valid." The court ruled in favor of the plaintiff that even if the validity of an important certificate was secured through a ratification resolution, if the contracting parties did not participate in the process, it was invalid. On January 15, the Busan District Court ruled in favor of the plaintiff in a lawsuit filed by two union members, including Mr. A, against the B Regional Housing Association Establishment Promotion Committee for the return of contributions. Mr. A and others will be released in 2022. For the purpose of selling a newly built apartment, a contract was signed with Promotion Committee B and a deposit of 30 million won was paid. During the contract process, they were issued a security guarantee certificate, which stated that if the project could not proceed due to the union's negligence, the entire contribution would be refunded. Afterwards, Mr. A and others learned that the guarantee certificate was invalid. In order to return the contribution, it is necessary to establish related rules within the union or pass a resolution at the general meeting, but the Promotion Committee did not proceed with this procedure. Accordingly, Mr. A and others filed a lawsuit for the return of the contribution, claiming that the contract was concluded without receiving any information from the Promotion Committee that the guarantee certificate was invalid. However, Promotion Committee B countered that there was no obligation to return the contribution. After the contract was signed, a ratification resolution was passed to ensure that the certificate had legal effect. At the same time, he emphasized that it is impossible to exercise the right to cancel the contract once it has become effective through ratification. The court ruled in favor of the plaintiffs, including Mr. A. First, the court explained, “It appears that the plaintiffs made a mistake because they did not know that the security guarantee certificate was invalid at the time of signing the contract,” and that “without the certificate, they would not have entered into the contract.” In addition, the court pointed out that there was a problem in the ratification process. The warranty deed can be considered effective only if the plaintiffs, who are parties to the contract, also ratify it, but there is no basis for acknowledging that Mr. A and others ratified it. Accordingly, the court added, “Considering these circumstances, the contract is still invalid, so cancellation of the contract is legal.” Attorney Nakhyeong Kim of Daeryun Law Firm, who represented Mr. A and others, said, “The refund agreement under the security guarantee certificate is not a sole act of the union, but a contract with the plaintiffs,” and added, “Therefore, it cannot be considered effective just because a ratified resolution was passed at the regular general meeting of the union, which was one of the parties.” Digital Content Team[View full article] A decision was made to ratify the ineffective documents, but… Court “Still invalid” Why? (Shortcut)

A first-time offender, efforts to prevent recurrence, and taking into account the fact that some victims were forgiven, avoided expulsion and ended up with the 8th transfer. There was a case in which a high school student who illegally filmed the bodies of a female teacher and his friend's younger sisters using the camera function of his cell phone at school and a friend's house was sentenced to protective measures rather than criminal punishment. It was confirmed that Cheongju District Court Juvenile Division Chief Judge Lee Hyeong-geol made a decision in January this year to order Student A, who was accused of violating the Special Act on the Punishment of Sexual Violence Crimes (filming and distribution using cameras, etc.), to be placed under guardian supervision (No. 1), ordered to attend classes for 20 hours (No. 2), and receive special education for the guardian. Student A illegally filmed the bodies of his friends' younger sisters using his mobile phone around early February 2024. At the time, it was investigated that Student A had committed this crime while staying at a friend's house after running away from home. This incident was uncovered by a friend who found a large amount of illegal video footage on Student A's cell phone, and as a result of the investigation, it was revealed that Student A had committed several crimes not only against his friends' younger siblings, but also against teachers. Accordingly, the school held a School Violence Measures Review Committee and ordered Student A to transfer to another school (No. 8), receive special education (No. 5), and be prohibited from contacting (No. 2). Student A, who was sent to the juvenile department, admitted all his crimes at trial and asked for leniency. Student A's legal representative emphasized, "Mr. A is a minor whose sexual concepts have not yet been established, and he committed the crime without knowing the seriousness of the matter. As a first-time offender, Mr. A did not distribute the video and is determined not to reoffend in the future." Chief Judge Lee Hyeong-geol, who heard this case, acknowledged that Mr. A's crime was serious because he committed a crime against a teacher and a young student, but took various reasons comprehensively into consideration, such as entrusting him with a guardian's supervision. The decision was made to impose a light sentence. Attorney Lee Eun-seong of the Daeryun Law Firm said, "Sex crimes such as illegal filming are receiving heavy punishment due to the characteristic of spreading quickly once they are spread. In addition, as the age of crime is lowering, there is a growing awareness that criminal punishment should be imposed even at a young age." He added, "It varies depending on the case, but in this case, taking into account the fact that it was a first-time offender, the fact that efforts are being made to prevent recurrence, and the fact that some of the victims were forgiven, we were able to receive protective measures instead of punishment." He explained. Attorney Lee Eun-seong also said, “A quick and accurate response is necessary from the beginning of the case,” and added, “If the charges are acknowledged, we must prepare sentencing materials as much as possible so that they can be used advantageously in court.” Reporter Dong-wook Son (twson@lawleader.co.kr)[View full article] High school student who ‘illegally filmed a female teacher and her friend’s younger sister’... received protective measures, not criminal punishment (link)