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Press Coverage

Numerous media outlets recognize the expertise of Daeryun Law LLC.
Explore interviews, legal commentary, and columns by Daeryun lawyers.

My Daily
2025-03-10
법무법인 대륜 기업법무그룹, (주)엔알비와 모듈러 사업 확대 위한 MOU 체결
Daeryun Corporate Law Group and NRB Co., Ltd. sign an MOU to expand modular business
Daeryun Corporate Law Group announced on the 10th that it signed an MOU with NRB, a circular modular construction company, to expand its modular business. A signing ceremony was held at NRB's Seoul office on the 28th of last month with key officials in attendance, including Daeryun's CEO Kuk-il Kim, attorney Gwang-woo Lee, attorney Nam Young-jae from the corporate law group, NRB CEO Kang Geon-woo, director Myeong-jin Kim, and team leader Seong-gyu Lee. Founded in 2019, NRB is a company specializing in portable modular construction, and attracted attention after successfully completing the construction of Korea’s first mobile school (Bridge School). Bridge School, which boasts high quality, has won the main prize and design prize in the product category at two of the world's top three design contests. NRB's Bridge School was recognized for its social values ​​such as publicness, innovation, and eco-friendliness and was selected as an innovative prototype by the Public Procurement Service. Daeryun Corporate Legal Group is currently providing more professional legal services through specialized centers such as corporate advisory and management rights disputes. Through this agreement, Daeryun plans to cooperate in △ legal advice on intellectual property protection, including domestic and foreign patent applications △ review of various contracts △ information sharing and advice on overseas laws for international projects. NRB CEO Kang Geon-woo said, "NRB, which has pioneered a new market for portable buildings, is currently focusing on technology development to take a leap forward as an innovative company. We plan to focus on value creation through urban regeneration with the goal of sustainable development," adding, "KOSDAQ listing consulting and consulting. “I want to ensure that there are no legal problems with the help of legal experts regarding investment operations, technology-related dispute prevention, etc.,” said Kuk-il Kim, CEO of Management. “As the Corporate Legal Group operates a center by dividing each business department, it is possible to provide detailed legal services. We plan to provide comprehensive advice on examination procedures and standards for NRB, which is preparing for a preliminary review for listing on the KOSDAQ market.” “Of course, we will prepare for various disputes by deploying experts such as patent attorneys, tax accountants, and accountants.” Reporter Cheon Ju-young (young1997@mydaily.co.kr)[View full article] Daeryun Corporate Legal Group, Law Firm, signed an MOU with NRB Co., Ltd. to expand modular business (Click here)
Korean economy
2025-03-09
교각붕괴 사고가 준 교훈…"안전은 비용 아닌 투자" [대륜의 Biz law forum]
Lessons learned from the bridge collapse accident... “Safety is an investment, not a cost” [Daeryun’s Biz law forum]
Supreme Court: “Not only construction companies but also developers must be careful.” Preemptive response is essential to avoid sanctions such as business suspension. Recently, there was a disaster in which four people died and six were injured in a bridge collapse at the new construction site of the Seoul Sejong Expressway. In the wake of this accident, which resulted in significant casualties, the call for safety to be viewed from the perspective of 'investment' rather than 'cost' is gaining momentum. Safety issues at construction sites are an important issue not only for the contractor (construction company) but also for the contractor (developer). The Serious Accident Punishment Act, which went into effect in 2022, stipulates that managers can be sentenced to more than one year in prison or fined up to 1 billion won for serious industrial accidents that occur due to failure to properly establish a safety and health management system. This means that a company's responsibility does not remain at the level of individual workers but can expand to the legal risks of management. Safety and health responsibility, directly linked to corporate survival. There was an important Supreme Court ruling in 2023 regarding the safety and health responsibility of developers. The core of the precedent is that, in accordance with Article 63 of the revised Occupational Safety and Health Act, the developer must also bear the obligation to take safety and health measures for workers of related construction companies working at their workplace. The court ruled that the scope of the developer's responsibility should not be limited to its contractual role but should be judged based on its actual control and management authority over the construction site. This suggests that safety responsibility may be extended to developers with substantial construction management capabilities and construction control. When a serious accident occurs, in addition to criminal punishment under the Occupational Safety and Health Act, various sanctions are imposed, such as suspension of business, disadvantages in the preliminary screening (PQ) of public institution bid participation, and designation as a subject of special supervision by the Ministry of Employment and Labor. This is why faithfully carrying out safety and health responsibilities is directly related to the survival of a company. To avoid sanctions, it is essential to proactively establish a safety and health management system. A systematic approach and continuous improvement are needed, such as establishing safety and health policies led by management and properly implementing them on site. Serious accidents that occur at construction sites are mainly caused by human factors as well as material and systemic factors such as interference between construction types (types of construction), lack of construction ability, and poor safety inspection. To prevent this, safety management must be systematically operated, such as strengthening risk assessments for high-risk work, mandating safety training for each type of work, and implementing TBM (Tool-Box Meeting) for each work immediately before input. Since the CSO cannot be an all-purpose solution, an increasing number of companies are appointing a chief safety officer (CSO) to exercise independent budget execution and decision-making authority in order to reduce the legal liability of business owners and CEOs. However, appointing a CSO alone is not enough. To prevent accidents, it is even more important to provide a foundation for front-line employees and managers to implement safety and health measures. Business owners should keep three main things in mind. First, from a legal perspective, it is necessary to establish a causal relationship (a legal relationship between a cause and a result, which is judged based on predictability and directness of the result). It must be possible to prove that the accident was unavoidable despite the implementation of sufficient safety and health measures. This is because the business owner cannot be held fully responsible. Second, close management must be carried out to prevent arbitrary work that is not directed by the supervisor from occurring at the construction site. Third, invest in creating a safe work environment. You can start with easy things, such as expanding rest facilities, zoning the yard, and preventing interference with preceding and succeeding construction types. Safety management is essential to realize sustainable management and fulfill social responsibility in the construction industry. Rather than considering a follow-up response after an accident has already occurred, it is better to seek advice from a lawyer in advance to minimize risks from the personnel deployment and management stage. This plays an important role in proactively responding not only to major disasters but also to various legal issues such as changes in contract contracts and increases or decreases in construction costs. Minimizing legal risks by creating a safe business environment will be a key strategy to ensure corporate sustainability.[View full article] Attorney Hyeongjin Kim’s column) Lessons learned from the bridge collapse accident… “Safety is an investment, not a cost” [Daeryun’s Biz law forum] (Shortcut)
4 places including Korea Economy TV
2025-03-07
법무법인 대륜, ‘의사 자격 보유’ 송진성 변호사 영입
Daeryun Law Firm recruits lawyer Song Jin-seong, who holds a medical qualification
“We need high expertise in the medical field, and we will do our best to protect your rights.” Daeryun Law Firm announced that it has begun strengthening its medical group in earnest by recruiting attorney Jin-seong Song, who holds a medical doctor’s license. Attorney Song, who will join Daeryun as head of the medical pharmaceutical group, graduated from medical school in 2007 and served as the director of the Jinan-gun Public Health Center for three years. Afterwards, he took his first step into the legal field as a trial researcher at the Supreme Court in the medical field in 2013. Since 2017, he has accumulated extensive experience in the medical and pharmaceutical fields by serving as a standing expert reviewer in the medical field at the Seoul High Court and as head of the medical office at the Suwon High Court. The role of a standing expert hearing committee member is to reside in the court and present opinions and explanations to resolve cases in fields that require specialized knowledge (construction, environment, medical care, etc.). Attorney Song has distinguished himself in medical civil and criminal cases, including determining the need for evaluation and appropriateness of applications for medical litigation cases. In particular, he was recognized for his outstanding expertise in the field of insurance and damage compensation by providing legal advice on claims for damages due to medical negligence, insurance terms and conditions for traffic accident treatment expenses, and violation of rules on drug safety. Attorney Song said, "I am happy to join the Daeryun Medical Pharmaceutical Group, but I feel a heavy sense of responsibility. As the medical litigation and pharmaceutical and bio fields require high expertise, I will do my best to protect the rights and interests of my clients based on the experience and expertise I have accumulated." Daeryun said. Kim Kook-il, CEO of Management, said, “As various new technologies such as medical AI and big data are applied throughout the industry and medical disputes increase, the importance of the medical pharmaceutical group within law firms is increasing. With the recruitment of Attorney Song, we will mobilize the capabilities of experts in the pharmaceutical, bio, and healthcare fields within the group to increase competitiveness in the legal market.” Meanwhile, Daeryun recently expanded and reorganized the medical pharmaceutical group from general medical litigation to pharmaceutical, bio, and healthcare fields. We respond to everything from medical disputes to related industry regulations and risk management. Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic Daily TV - Daeryun Law Firm recruits lawyer Song Jin-seong, who holds a doctor's license (Go here) Roishu - Daeryun Law Firm recruits attorney Song Jin-seong, who holds a doctor’s license (link) Legal Times - [Law Firm iN] Daeryun Recruits Attorney Song Jin-seong, ‘Holding a Medical Doctor’ (Click here) Sejeong Ilbo - Daeryun Law Firm Recruits Attorney Song Jin-seong (Click here)
3 places including Pharmacist Gongron
2025-03-07
강화되는 리베이트 규제…제약사 대응전략은?
Strengthening rebate regulations... What is the pharmaceutical company’s response strategy?
Daeryun Law Firm holds a seminar on compliance issues in the pharmaceutical field. As the importance of legal and practical response is increasing due to the strengthening of rebate-related regulations, issues and practical points that pharmaceutical companies and promotional sales operators (CSOs) should pay attention to, focusing on the revision of the Pharmaceutical Affairs Act, were introduced. On the 7th, Daeryun Law Firm (Limited) held a seminar with the theme of 'Issues and practice of compliance in the pharmaceutical field: Focusing on the revision of the Pharmaceutical Affairs Act'. Daeryun Headquarters in Yeouido This seminar, which was held in a conference room for pharmaceutical companies and CSO officials, was held in four sessions: △ Pharmaceutical companies and CSOs' expenditure report preparation and disclosure system △ Pharmaceutical industry rebate regulation and CP △ Pharmaceutical rebate regulation practice △ Response to rebates and tax issues. The session 'Expenditure report preparation and disclosure system for pharmaceutical companies and CSOs (attorney Yoon-jeong Choi)' focused on the revised Pharmaceutical Affairs Act. The CSO reporting system, how to prepare expenditure reports, and practical issues are discussed. In the second session, 'Regulation of rebates in the pharmaceutical industry and CP (attorney Gye-Jun Son)', regulations on pharmaceutical rebates under the Fair Trade Act, analysis of cases of sanctions by the Fair Trade Commission, and CP construction strategies for each pharmaceutical company are presented. In the third session, 'Pharmaceutical rebate regulation practice (Adviser Choi Myeong-soon)', post-management of supply details related to pharmaceutical distribution by HIRA and analysis of expenditure reports and cases of administrative disposition of pharmaceuticals that disrupt distribution order will be held. In the fourth session, 'Response to rebates and tax issues (Tax accountant Jeong-oh Lim)', the tax investigation and taxation flow and response plans related to rebate pharmaceutical companies will be shared. In his opening remarks, CEO Kook-il Kim said, "CSOs are subject to expenditure report submissions. “At a time when rebate-related regulations are being strengthened, such as expansion, CSO reporting system, expenditure report preparation, and disclosure system, the importance of legal and practical response is gradually increasing,” he said. “I hope that today’s event will be a place where the latest regulations related to pharmaceutical companies and CSO rebates and response strategies from practitioners’ perspectives are discussed from various angles.” Meanwhile, the seminar will be held simultaneously in the conference room (offline) and webinar (online) at Daeryun Law Firm’s headquarters. Reporter Kim Hong-jin (khj@kpanews.co.kr)[View full article] Pharmacist Public Opinion - Strengthening rebate regulations... What is the pharmaceutical company’s response strategy? (Shortcut) Medipana News - “CSO/expenditure report, there are contradictory regulations… Target and scope need to be specified” (Shortcut) Pharmacist Public Theory - Application for 2025 CP grade evaluation begins... What are the changes and additions to keep in mind? (Shortcut)
lowrider
2025-03-07
랜덤채팅서 만난 미성년자 성폭행혐의 20대 남성···1심 실형, 항소심은 ‘집행유예’ 감형
A man in his 20s accused of sexually assaulting a minor he met through a random chat... Sentenced in the first trial, the appeal reduced the sentence to ‘suspended sentence’
The defense lawyer argued, “It was not a planned crime, and coercive means were not used.” The 3rd Criminal Division of the Daejeon High Court said, “There is no definite intent... The original trial’s sentence is too heavy.” A case has emerged where a man in his 20s, who was indicted on charges of sexually assaulting a minor he met through an online random chat and received a prison sentence in the first trial, had his sentence reduced and sentenced to probation in the appeal trial. The 3rd Criminal Division of the Daejeon High Court (Presiding Judge Kim Byeong-sik, Presiding Judge) In the appeal trial for Mr. A (age 25), who was indicted on charges of forcible rape of a minor, Judges Eui-seok Lee and Sang-ho Kwak) confirmed that on January 7 of this year, they overturned the original trial that sentenced him to two years in prison and sentenced him to two years in prison and three years of probation. The appellate court also ordered Mr. A to take 40 hours of sexual violence treatment classes and to be restricted from employment at institutions related to children, youth, and the disabled for three years. Around December 2023, he was accused of committing adultery with Ms. B (15 years old), a minor whom he met through a random chat. According to Article 305 of the Criminal Act, when an adult has sexual intercourse with a minor under the age of 16, the child's ability to consent is not recognized. Therefore, even if sexual intercourse was consensual, you will be subject to criminal punishment. Mr. A proposed a meeting with Ms. B, who happened to enter the chat room, and on the day of the incident, he lured her into his vehicle and had sexual intercourse. However, it was confirmed that Mr. A did not use violence against Ms. B at the time. The first trial court judged that Mr. A's crime was serious and sentenced him to two years in prison. The first trial court ruled, “The defendant is deeply guilty of using adultery with a victim who lacks the ability to exercise sexual self-determination as a means of satisfying his or her sexual desires.” Mr. A appealed against the first trial ruling. In the appellate trial, Mr. A requested a reduced sentence, citing the fact that he did not commit the crime with premeditation and that he did not use coercive means such as violence or threats. As the reason for sentencing, the appellate court accepted Mr. A's argument and decided to reduce the sentence, saying, "Looking at the conversation between the defendant and the victim and the statements made by the investigative agency, etc., it does not appear that the defendant committed the crime with definite intention." Attorney Lee Ki-jun of Daeryun Law Firm (Limited) explained, "The crime of forcible rape of a minor is punished regardless of whether the minor is aware of it or not and whether the victim consents or not. If the charge is acknowledged, it is important to lower the sentence. In Mr. A's case, he was able to receive a reduced sentence by proving that there was no intent for the crime and that he would likely be reborn as a sound member of society if he corrects his wrong coming-of-age attitude." Reporter Dong-wook Son (twson@lawleader.co.kr)[View full article] A man in his 20s accused of sexually assaulting a minor he met through a random chat... Sentenced to prison in the first trial, the appeal reduced the sentence to ‘suspended sentence’ (link)
Money S
2025-03-06
전여친 165회 스토킹한 남성… 피해자 프사 때문에 '무죄'로 뒤집혀
Man stalked his ex-girlfriend 165 times... Overturned to 'not guilty' due to victim's profile picture
A man in his 30s who repeatedly contacted his ex-girlfriend several times received a summary order, but was acquitted after requesting a formal trial. On January 16, Criminal Division 22 of the Seoul Central District Court (Judge Ha Jin-woo) declared Mr. A, a man in his 30s, not guilty, who had been put on trial on charges of violating the law on the punishment of stalking crimes. Mr. A even though his lover B, who broke up in 2023, requested that he no longer contact him. He was accused of making 165 phone calls or sending messages, photos, and videos. The prosecution found Mr. A guilty of stalking and summarily indicted him on charges of violating the Stalking Punishment Act with a fine of 2 million won. Afterwards, the court issued a summary order, but Mr. A, who did not obey the order, requested a formal trial. During the trial, Mr. A claimed that he took this action to improve relations. He emphasized that he followed Mr. B's request because when he had previously separated and reunited several times, Mr. B said, "Repeatedly try to catch me" and "It is not a crime, so please contact me." Afterwards, the two reconciled for a while, but their relationship worsened again soon after. Mr. A's side added, "At this time, Mr. B continued to encourage contact, such as by setting up a SNS profile screen asking him to return to him. The court ruled that Mr. A was not guilty. The court said, "It is acknowledged that the defendant repeatedly called or sent messages," but added, "The victim only started dating again when the defendant made efforts, such as contacting her several times or visiting her, in the process of repeating breakups and reunions." The victim also sent messages. He explained, “Even after the relationship worsened again, the victim only ignored the contact and did not clearly express what he should not do.” Kim Myeong-cheol, a lawyer at Daeryun Law Firm (Limited), who represented Mr. A, said, “During the trial, we emphasized Mr. A’s situation, which he thought would be able to restore the relationship if he took the actions requested by Mr. B.” He added, “We were able to get a not guilty verdict by highlighting the fact that Mr. A had no intent to commit the crime.” Said. Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] Man stalked his ex-girlfriend 165 times... Overturned to 'not guilty' due to victim's profile picture (Shortcut)
legal newspaper
2025-03-06
[단독] 헌재, 대한변협 AI 광고규제 본안심리 돌입… 전원재판부 회부
[Exclusive] Constitutional Court begins hearing on merits of AI advertising regulation by Korean Bar Association… Referral to full court
Daeryun Law Firm "Restricts Access to Consumer Information" on Constitutional Appeals, including 'Article 5 of the Rules on Lawyer Advertisements' The Constitutional Court decided to hear the Korean Bar Association's constitutional petition regarding artificial intelligence (AI) advertising regulations filed by Daeryun Law Firm in the full court. The Constitutional Court is reviewing in earnest whether the Bar Association's regulations prohibiting advertising of AI-based legal services infringe upon the freedom of lawyers to practice their profession. On February 10, the Constitutional Court referred the case to the full court to confirm the unconstitutionality of Article 23, Paragraph 2, Item 7 of the Attorney Act filed by Daeryun Law Firm. This means that the Constitutional Court recognizes the case as subject to review on the merits and deals with whether it is unconstitutional. After receiving the case, the Constitutional Court reviews the legal requirements in a designated tribunal consisting of three judges, and makes a decision to dismiss the case if the requirements are not met. However, as this case moves to the merits trial stage, we plan to review in depth the unconstitutionality of the Bar Association's AI legal service advertising regulations. The key issues in this constitutional petition are whether the regulation of AI-based legal services violates the essential freedom of lawyers to perform their duties and whether it undermines the public interest by excessively restricting consumers' access to legal information. Daeryun launched the AI-based legal consultation program 'AI Daeryun' on January 16, but the Bar Association violated the Attorney Act. On the grounds of possession, the advertisement of the program was banned and a constitutional petition was filed while considering disciplinary action. The provisions that Daeryun took issue with were ‘Article 23, Paragraph 2, No. 7 of the Attorney Act’ and ‘Article 5 of the Rules on Lawyer Advertisements.’ According to the regulations, lawyers cannot advertise the use of AI programs other than those certified by the Bar Association and supervised by the responsible attorney. In addition, advertisements that use AI programs to allow consumers to receive direct legal advice or connect with lawyers are also prohibited. Daeryun argues that the regulations infringe on the freedom of lawyers to practice their profession and limit consumers' access to information by preventing the use of AI-based legal services. This case is evaluated as an important case that obscures the constitutional legitimacy of AI technology and legal service regulations. A legal official predicted, “As legal services using AI are expanding, it is highly likely that legal standards will be established to determine whether bar association regulations hinder innovation in the legal market or are reasonable regulations with public interest purposes.” Park Dong-il (39, 8th time on the bar exam), representative attorney Daeryun, said, “This Constitutional Court hearing is meaningful as it provides an opportunity to review the constitutional legitimacy of AI legal service regulations,” adding, “The legal market is also changing amid the global AI transition.” “It is necessary,” he said. He added, “Daeryun is expanding consumers’ accessibility to legal information by providing ‘AI Daeryun’ for free,” adding, “It is time to reconsider whether the Bar Association’s regulations are in line with the promotion of public interest.” Reporter Jinyoung Lee[View full article] [Exclusive] Constitutional Court begins hearing on merits of AI advertising regulation by Korean Bar Association… Referral to the full court (link)
international newspaper
2025-03-06
전세 사기범 몰린 임대인…검찰수사 결과 ‘혐의없음’
Landlord cornered by lease fraudsters... As a result of the prosecution investigation, ‘no charges were found’
There is no purpose to defraud the rental deposit, so it does not apply to the ‘tin deposit’ fraud. “Comprehensive consideration of precedents, non-prosecution.” A landlord who was accused of stealing 400 million won in rental deposits from tenants through the so-called ‘tin deposit’ was acquitted. According to the legal community on the 5th, the Eastern Branch of the Busan District Prosecutors' Office recently dismissed Mr. A, in his 60s, for fraud after being investigated on charges of fraud. By April 2020, he was handed over to the prosecution on charges of receiving and embezzling 438 million won in rental deposits from tenants of a villa in Jung-gu, Busan. Tenants filed a complaint against Mr. A, claiming that they were victims of a so-called tin lease fraud in which the deposit for the lease was higher than the sale price of the property. However, Mr. A denied all charges. Mr. A's side claimed, "A provisional seizure was taken on the villa he owned due to his spouse's filing of a divorce suit, and the villa was later sold through a forced auction in 2023. The deposit could not be returned because the winning bid was set more than half the actual market price of the property. It was not a tin rent at the time the villa was rented." The prosecution decided not to indict Mr. A. The prosecution explained the reason by saying, “Whether or not a crime of fraud is established must be determined based on the time of the act, and we comprehensively considered precedents that the suspect cannot be punished even if he defaults on his obligations due to changes in economic circumstances thereafter.” Kim Sang-gu, an attorney at Daeryun Law Firm (Limited), who handled this case, said, “The crime of fraud is established only when there is an act of deception, mistake, disposition, damage to property, and intent to acquire something illegally.” He said, “The case is one in which Mr. A was unable to return the deposit due to an unexpected provisional seizure after he signed a lease agreement with the complainants.” He continued, “Even in a situation where financial conditions worsened due to a sudden change in circumstances, Mr. A sold the pre-sale rights to the apartment he owned and returned the deposit to some of the victims.” Digital Content Team[View full article] Landlord cornered by lease fraudsters... As a result of the prosecution investigation, ‘no charges’ (link)
lowrider
2025-03-05
오랜 기간 통행로로 사용된 땅 새 주인의 ‘사용료’ 청구···법원 “배타적 사용수익권 인정 안돼”
New owner of land used as a passageway for a long time claims ‘use fee’... Court says, “Exclusive right to use and benefit is not recognized”
New land owner demands toll fees from adjacent building owners using the passage Suwon District Court: “Provided for use for the general public... Infringement of public interest” A ruling was made that dismissed the landowner’s claim for usage fees in both the first and second trials, saying that the new owner’s belated imposition of tolls on land that had been used as a passageway for adjacent buildings for a long time constitutes an infringement of public interest. Suwon District Court 1st Civil Division (Presiding Judge Kim Sun-han, It was confirmed that Judges Cho Jeong-min and Cho Hyeon-joo) pronounced a ruling dismissing the plaintiff's appeal on January 8, with the same purpose as the first trial, in the appeal trial of a usage fee lawsuit filed by a landowner in Gyeonggi Province, Mr. A, against 30 people, including Mr. B, the building owner of an adjacent land. Mr. A took issue with the fact that part of the land purchased in 2019 was used as a road leading to Mr. B's buildings, etc., and paid 7 million won in usage fees accumulated previously and continued to pay monthly rent thereafter. They filed a lawsuit claiming usage fees, demanding payment of 300,000 won. In this lawsuit, the defendants, including Mr. B, the owner of an adjacent building, emphasized the ‘public nature’ of the road, saying, “The road in question connects each building owned by Mr. B and others to the public road, and people and vehicles entering these buildings and nearby residents have used the passage for a long time.” Judge Kim Min-cheol of the Suwon District Court, who presided over the first trial of this case, dismissed Mr. A’s toll claim. dismissed. Judge Kim Min-cheol ruled that “there was an implicit agreement on the waiver of exclusive use and benefit rights.” Exclusive use and benefit rights are the right of a landowner to prevent others from using or profiting from their land without permission, and are protected by law, but may be limited according to public interest needs. Mr. A, who was dissatisfied with the first trial ruling, immediately appealed, but the appellate court also decided that “the imposition of tolls on the land in this case is a violation of public interest” and dismissed the plaintiff’s appeal. It was dismissed. Attorney Park Se-hoon of Daeryun Law Firm, who represented Mr. B and others in this trial, said, “If the road could not be used, the free passage that had been maintained for decades would be restricted, threatening to infringe on the convenience of nearby residents.” He added, “If it was being used as a public road for residents’ passage, the land owner was able to win the appeal by proving that he could not exercise his exclusive use right.” Reporter Son Dong-wook (twson@lawleader.co.kr)[View full article] New owner of land used as a passageway for a long time claims ‘use fee’... Court says, “Exclusive right to use and benefit is not recognized” (Shortcut)
Money Today
2025-03-05
하도급 계약 시 원사업자가 주의해야 할 사항은?
What should the contractor pay attention to when signing a subcontract?
Subcontracting, which is the act of a contractor (primary contractor) handing over work to a subcontractor (subcontractor) in order to undertake construction or manufacturing, is a form that frequently appears in the construction and manufacturing industries. The main contractor can reduce costs and be free from labor-management relations issues, and the subcontractor has the advantage of being provided with work and achieving growth through strengthening expertise. However, there are also many problems that arise surrounding subcontracts. A representative example is conflict between business owners. In most cases, disputes begin when the contractor presents unfair demands or conditions to the subcontractor. It is not only suppliers who suffer losses due to disputes. This is because the moment a legal battle begins, the contractor cannot avoid financial and time losses. Therefore, it is important for both the contractor as well as the contractor to be accurately aware of the matters to be aware of when entering into a contract. This is to prevent risks in advance so as not to be caught in a lawsuit due to an inappropriate contract and be subject to fines or legal punishment. When entering into a subcontract, there are four main things that the contractor should pay attention to. First, unfair contract conditions that infringe or limit the interests of the supplier must not be established. For example, it is considered an unfair special contract to require additional costs for matters not stated in writing or to pass on to the subcontractor the costs related to civil complaints or industrial accidents that should be borne by the contractor. Second, the subcontract price should not be unilaterally set lower than the general transaction price. In addition, if there is a contract with two or more suppliers, reducing the price uniformly or discriminatoryly without considering the management situation of each company is also prohibited. In addition, when concluding a subcontract through a private contract, the amount should not be set at an amount lower than the contractor's direct construction cost (material cost, labor cost, expenses, etc.), and in competitive bidding, the amount should not be set at an amount lower than the minimum bid price. The third thing to be aware of is that reduction of the subcontract price is prohibited in principle. It is illegal to unilaterally reduce the price set at the time of contract or to retroactively apply the agreement to products ordered before the price agreement was established. If a reduction is necessary, it must be based on a justifiable reason, and consultation with the supplier must take precedence. If you ignore this and reduce the price, you may become embroiled in a legal dispute. Lastly, the contractor cannot request technical data from the subcontractor. This is because the subcontractor's technical data is an important asset in a subcontract. Therefore, requests to provide this to the person or a third party are, in principle, prohibited. However, this is only possible as an exception if the contractor can prove a justifiable reason, and the relevant information must be written in writing and delivered to the subcontractor. The thing to keep in mind here is that the written document must contain specific details about the requested technical data. The purpose of issuing documents is to clearly recognize the specific scope of the technical data and the purpose of use by the contractor to prevent the subcontractor's technology from being unfairly leaked or stolen. If specific matters are not listed, it may be considered that documents have not been issued. Small Business Team[View full article] What should the contractor pay attention to when signing a subcontract? (Shortcut)
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