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Biz Watch
2025-01-24
[단독]롯데바이오로직스, 새 인사제도 두고 내홍
[Exclusive] Lotte BioLogics, internal dispute over new personnel system
Those who are opposed to the volatility supercharging system say it is a misunderstanding and are trying to strengthen communication. Lotte BioLogics is experiencing internal strife over the new personnel system that will be implemented starting this year. There are voices among employees that the regulations, such as not paying part of the contracted salary if the performance is low, are unreasonable. The company's position is that it is a misunderstanding that occurred during the first introduction of the system. Another reason is that communication becomes difficult as employees are physically separated. Currently, Lotte BioLogics is operating separate offices in Incheon and Seoul until the factory in Songdo, Incheon, is completed. As for the controversial performance-based pay system, Lotte BioLogics has been implementing a new personnel system called ‘Growth Level (GL)’ starting this year. The main point is to subdivide the existing four rank system (Chief, Assistant Manager, Responsible, Senior) into six levels (GL 1 to 6). There was also a cap (upper limit) for each department to limit promotions. What caused dissatisfaction among employees was the revamped performance bonus system. Lotte Biologics chose to accumulate 5-10% of employees' contract annual salary as a variable bonus and give differentials based on performance. There are a total of 5 grades for performance, and the top two grades receive 110% and 120% of their accumulated points, respectively. If you have accumulated 10 million won, you will receive 11 million won or 12 million won. The middle level receives the accumulated amount back without change. The problem is the lower level. Employees who receive the bottom two grades receive minus (-) 50% and -100% of the volatility bonus, respectively. If you receive the lowest grade, 10% of your maximum contract annual salary may be lost. This is the point where employees feel unreasonable. In response, the company explained that paying differentiated performance bonuses was a system that had been in place before. It was stated that the consent of the majority of all employees was obtained and that there were no legal problems. There were some procedural problems, but some employees said there were problems with the process of obtaining consent. Last year, Lotte BioLogics collected opinions for and against the new personnel system from employees. Employees signed for and against the bill while the human resources team watched from somewhere in Seoul. It is pointed out that the situation at the time was an uncomfortable environment where it was difficult for employees to make free decisions. One employee said, "We even had individual interviews with employees who did not sign and obtained their consent." Nam Seo-hye, a labor attorney at Daeryun Law Firm, said, "If it is recognized that a sufficient exchange of opinions among workers was not possible under the supervision of the human resources team, or that consent was forced on workers who expressed opposition, it is considered unfair intervention and interference and cannot be considered a legitimate consent procedure." The company emphasized that there was no coercion, such as giving disadvantages to people who opposed it. The human resources team said they were there simply to explain the system. Separately, there are demands for improvement in the stock option (stock purchase option) system that Lotte BioLogics has unconventionally introduced. The payment terms must be disclosed transparently. Lotte BioLogics introduced a system to grant stock options through self-evaluation every year in 2023. Then, in March of last year, stock options were paid to about 100 employees for the first time. There were complaints among employees that they received less quantity than promised. However, the company's position is that it has never promised the quantity to be provided in advance. The work environment in which communication is difficult is cited as the cause of this conflict. Currently, Lotte Biologics is building a bio campus in Songdo, Incheon. Until completion, employees are working in separate offices in Incheon and Seoul for each department. Physically, it is difficult to provide feedback on the new system smoothly. An official from Lotte BioLogics said, "We are aware that communication is difficult due to physical reasons, etc.," and added, "We are working to improve this, but we will think about more ways to help employees feel it." Reporter Kim Yun-hwa (kyh94@bizwatch.co.kr)[View full article] [Exclusive] Lotte BioLogics, internal dispute over new personnel system (Click here)
international news
2025-01-23
법무법인 대륜, 음반기획사 '헐리우드 매너'와 MOU 체결
Daeryun Law Firm signs MOU with record label ‘Hollywood Manor’
Daeryun, which provides legal services necessary for the entertainment industry, such as content copyright protection and artist contracts, said on the 22nd that Daeryun Law Firm (Limited) has signed a business agreement (MOU) with Hollywood Manor, a record label. At the signing ceremony held at Hollywood Manor's headquarters on the 17th, Daeryun's CEO Kim Kuk-il and director Lee Ye-seom, Hollywood Manor's CEO Bang Yong-seok and director Shim Jin-young attended and discussed cooperation plans. Hollywood Manor is a music planning and production company established in 1997, and has established an unrivaled position in the industry by producing more than 2,500 works, including movie and drama OSTs, animation theme songs, and advertisement insert songs. In particular, it is receiving high praise for participating in the production of albums by famous artists active at home and abroad, such as performance director Kalin Park and musical actor Jae-rim Choi. Through this agreement, Daeryun plans to provide a variety of legal services, including resolving legal disputes that may arise within the entertainment industry and protecting copyright and trademark rights. Main services include △prevention of copyright infringement of contents such as albums △content trademark registration △legal advice and review on artist contracts and royalty distribution. Yongseok Bang, CEO of Hollywood Manor, said, “As we are expanding our scope of activity based on our musical capabilities and extensive network, it is important to respond quickly and professionally to legal issues. Cooperation with Daeryun, a large law firm, is essential for industry growth and stable operation.” Daeryun CEO Kim Kook-il said, “As the entertainment industry requires creative freedom and compliance with legal regulations, legal protection and stability are very important. Daeryun will provide professional legal services specialized in the entertainment industry through a team of experts such as lawyers, patent attorneys, and tax accountants.” Meanwhile, Daeryun Law Firm operates an entertainment and sports group and has been providing legal services specialized in various entertainment industries such as media, sports, and games. Reporter Kyung-ho Jeong (vj8282@nate.com)[View full article] Daeryun Law Firm signs MOU with record label ‘Hollywood Manor’ (Click here)
4 places including legal newspapers
2025-01-22
대륜, 대한변협 AI 광고 규제에 헌법소원 제기
Daeryun files a constitutional appeal against the Korean Bar Association’s AI advertising regulations
Daeryun Law Firm (representative attorneys Kim Kuk-il and Ko Byeong-jun) enacted a rule banning advertising of non-certified AI legal programs, claiming it was a "violation of basic rights such as freedom to practice one's profession" Daeryun Law Firm (representative attorneys Kuk-il Kim and Byung-jun Ko) announced on the 22nd that it filed a constitutional appeal with the Constitutional Court, claiming that the Korean Bar Association's rule banning advertising of artificial intelligence (AI) legal counseling programs violates the Constitution. In October of last year, the Korean Bar Association issued a ban on AI legal programs that were not certified by the Association through Article 5 of the Rules on Advertising for Lawyers. Advertising was banned. The rule stipulates that lawyers cannot advertise that they use AI programs in their work other than those certified by the Bar Association and supervised by the responsible attorney. It also banned advertisements that allow consumers to directly use AI programs or connect them with lawyers. Daeryun argued that the rule violates the basic rights of lawyers and law firms. A Daeryun official said, "Although AI legal services are a useful tool that allows consumers to access more accurate legal information, the Bar Association's complete ban on related advertisements is a measure that infringes on the freedom of professional practice and freedom of expression." In addition, the fact that the Bar Association's AI certification standards are insufficient was also pointed out as a problem. The Bar Association stated in Article 5, Paragraph 3 of the ‘Rules on Lawyer Advertising’ that “the Association’s certification standards shall follow separate regulations,” but certification of the AI ​​program itself is impossible because no specific enforcement regulations have been established. Daeryun argued, “The Bar Association’s unilateral ban on AI-related advertisements in a situation where there are no certification standards is a measure that weakens the competitiveness of the legal market.” The reason why Daeryun filed this constitutional petition was because the Bar Association’s recent move to review disciplinary action continued after it released its self-developed AI legal service. The Korean Bar Association is said to be considering a response plan after seeing that the service may violate regulations. A Daeryun official said, "As AI legal services are being actively introduced overseas, the Korean legal profession also needs more flexible regulations to secure global competitiveness. Rather than unconditional regulation, an institutional mechanism that can promote innovation in the lawyer industry should be established." Meanwhile, Daeryun said that the AI legal consulting service will not replace the role of lawyers, but will develop into a more professional legal service. We plan to continue to raise the need for AI utilization, emphasizing that it is a means of promoting AI. Reporter Jinyoung Lee[View full article] Legal News - Daeryun files a constitutional appeal against the Korean Bar Association’s AI advertising regulations (link) Jose Ilbo - Korea Bar Association AI advertising regulation... Daeryun Law Firm Files Constitutional Petition (Click here) Hankook Ilbo - “Lawyer advertising regulations are unconstitutional”… Daeryun, constitutional complaint against the Korean Bar Association (link) SNN - Korean Bar Association AI advertising regulation... Daeryun Law Firm Files Constitutional Petition (Click here)
lowrider
2025-01-22
‘가상화폐 투자원금 안 돌려줘’ 사기혐의 60대···법원 ‘공소사실 증명 안 돼 ‘무죄’’
‘No refund of virtual currency investment principal’, 60-year-old accused of fraud... Court ‘Not guilty as indictment facts not proven’
Prosecutors said, “We recommended investment with guaranteed principal and high returns, and we have no intention of returning the investment money.” Prosecution court, “All transfer details cannot be considered investment funds and cannot prove that the principal was guaranteed.” A case was found where a man in his 60s who was accused of extorting hundreds of millions of won from an acquaintance under the pretext of investing in virtual currency was found not guilty in the first trial. On the 5th of last month, Changwon District Court Chief Judge Jeong Yun-taek, Criminal Division 1, sentenced Mr. A, in his 60s, indicted on fraud charges. It was confirmed that the verdict was “the defendant is not guilty.” Mr. A recommended investing in virtual currency to Mr. B, who had become close to him through his usual abetment. Mr. B, who responded, sent approximately 400 million won to Mr. A on 81 occasions over a period of 3 years and 6 months, but did not receive any money back. The prosecution charged Mr. A with fraud, believing that he had deceived Mr. B into recommending an investment even though he had no intention or ability to pay the money from the beginning. Mr. A completely denied the charges. Mr. A refuted, saying, “I never promised to guarantee the principal to Mr. B,” and “The reason I did not return the money was because the investment failed and resulted in a loss. It is not that I had no intention of paying.” He also said, “There are many personal items, such as receiving money on behalf of errands at Mr. B’s request,” and also argued, “All the money sent from Mr. B cannot be considered investment money.” Changwon District Court Chief Judge Jeong Yun-taek, who heard this case, told Mr. A. He sentenced him to not guilty. Chief Judge Jeong Yun-taek said, “When looking at the details of the remittance, it includes many small amounts that cannot be considered investments,” and judged, “It is difficult to view all the remittances listed in the indictment as investment money.” He continued, “The victim continued to remit money for a long period of time even though he did not receive any actual profits.” He also added, “Despite making several remittances for virtual currency transactions, the credibility of the testimony was also low, such as saying that he did not know much about virtual currency. “It is weak.” He ruled, “It has not been clearly proven that the defendant lied about guaranteeing the principal and high profits.” He also ruled that the facts of the indictment were not proven beyond a reasonable doubt. Attorney Song Jae-baek of Daeryun Law Firm (Limited), who represented defendant A in this lawsuit, said, “In order to be recognized as guilty for a specific indictment, evidence with enough probative power beyond a ‘reasonable doubt’ is needed,” and “In this case, a recording file or “No reasonable evidence, such as a memorandum, was submitted to support Mr. B’s claim, and the court appears to have also taken this into consideration,” he explained. Reporter Son Dong-wook (twson@lawleader.co.kr)[View full article] 60-year-old accused of fraud for not returning virtual currency investment principal...Court ‘Not guilty as indictment facts not proven’ (Shortcut)
Money Today
2025-01-22
이혼 소송 시 재산분할의 대상은?
What is the subject of property division in divorce proceedings?
Any married couple has probably thought about divorce at least once. Among them, there may be people who go beyond simple thinking and search for related information directly on the Internet. However, in most cases, you only encounter unfamiliar legal terms, and it is difficult to obtain easy explanation and understanding. What types of property are subject to division? The court's position is that, in principle, property acquired through joint cooperation between the couple during marriage (so-called 'common marital property') is subject to division. Specifically, for example, things that anyone can easily think of, such as deposits, stocks, insurance, cars, and apartments, are included in the basic division targets. Furthermore, items such as cash, expensive jewelry, watches, and furniture accumulated in the house may also be subject to division. One spouse may receive money from a third party. If a couple is currently living in a rented house, the future contract holder will receive a refund of the rent deposit from the landlord, and the deposit may be included in the division. In addition, severance pay and national pension are also considered subjects of division that are easy to overlook. Even if you cannot receive it right away because there is a long period of time left until receipt, it can be divided. What about debt? In addition to the positive (+) property mentioned above (the court uses the term 'positive property'), negative (-) property (also using the term 'negative property') is also subject to division. A representative example is a home mortgage loan. Just as the house a couple lives in is subject to division, the debt incurred to buy the house must also be shared by the couple. In this way, it can be said that the property subject to division is very diverse. Even if you are well aware of what types of property are subject to division, you may encounter difficulties when following the related procedures. This is when you do not know the property your spouse owns. So how can you find out your spouse's assets? During a divorce lawsuit, the couple lists their respective assets and submits it to the court. It is difficult for non-lawyers to conceal assets through false information. This is because various documents must be attached to prove that the information stated is true. Based on this list, identify the other party's assets in detail. If you have any doubts or need information, apply for fact-finding to public institutions, banks, etc. Most of the reasons for the increase in divorce lawsuits are because the process of identifying assets is difficult and takes a long time. However, not all assets found in this way are subject to division. There is a concept called ‘unique property’. Although this is an extreme example, let's say you received an inheritance from your parents the day before you filed for divorce in court. However, if the inherited property had to be shared with the spouse, it would feel extremely unfair. Likewise, if one of the couple has property that was acquired through inheritance or gift or was held before marriage, there is a need to assert that it is 'unique property'. Since it is not property acquired through joint cooperation between the couple, it could be argued that it should be excluded from division or that these circumstances should be taken into consideration in the division ratio. Small Business Team[View full article] What is the subject of property division in divorce proceedings? (Shortcut)
5 locations including Dalyian
2025-01-22
법무법인 대륜, '수사통' 전 서울중앙지검장 조영곤 변호사 합류
Daeryun Law Firm joins lawyer Cho Young-gon, former Seoul Central District Prosecutors' Office chief investigator.
He has held high-ranking positions such as the head of the Narcotics and Organized Crime Investigation Department at the Central District Prosecutors' Office and the head of the Human Rights Bureau at the Ministry of Justice. He has excellent dispute resolution capabilities, including investigation and trial response using forensic techniques. Former Seoul Central District Prosecutors' Office chief Cho Young-gon (16th class of the Judicial Research and Training Institute) recently joined Daeryun Law Firm (CEOs Kim Kuk-il and Ko Byeong-jun) as the chief general counsel. Daeryun plans to further strengthen its litigation and investigation response work through the recruitment of Attorney Cho. Attorney Cho is from Seoul National University. After graduating from the Department of Law and completing a master's degree in law from the same graduate school, he took his first steps into the legal field as a prosecutor. Afterwards, he served as the head of the Homicide Department at the Busan District Prosecutors' Office, the chief prosecutor of the 3rd criminal division at the Suwon District Prosecutors' Office, and the head of the Drug and Organized Crime Investigation Department at the Seoul Central District Prosecutors' Office. Appointed as the head of the Human Rights Bureau at the Ministry of Justice in 2009, he established human rights-related policies and took the lead in protecting the human rights of crime victims. Afterwards, he was promoted to chief prosecutor after accumulating experience in investigating large-scale corporate criminal cases, finance, and taxation at various prosecutors' offices across the country. In particular, while serving as chief prosecutor. He developed a reputation as a 'chief investigator' by leading large-scale cases such as the investigation of the Four Major Rivers Project, the investigation into the recovery of fines from former presidents Chun Doo-hwan and Roh Tae-woo, and the investigation into illegal tax evasion by large corporations. After retiring from public office as the 55th Seoul Central District Prosecutors' Office in 2013, he also served as a representative attorney at the law firm Yoon & Yang. During his time as a lawyer, he focused on investigations and trial response through forensic techniques. Of course, we have provided legal services based on our outstanding dispute resolution capabilities, including arbitration and mediation. As a result, Attorney Cho successfully performed legal advice and investigative response work in various corporate-related fields, including abuse of market dominant position by leading domestic and international companies, unfair trade practices, and corporate mergers. In particular, he has extensive experience in providing legal advice to large corporations such as Samsung Electronics, CJ Korea Express, SK Hynix, and Hyosung Group. In addition, he served as an advisory member of the National Police Agency's victim protection policy and a research advisory member of the Korea Institute of Criminology, and currently serves as an advisor to the Korea Crime Prevention Foundation. He serves as vice president and advisor to the Korea Victims Association (7th president) and is working hard to prevent crime. Attorney Cho said, “I am happy to join Daeryun, which stands out in the legal market and is providing specialized legal services.” He added, “Based on my experience leading various investigations such as public security, special, and corporate crimes, I will provide high-quality advice and legal services.” Managing CEO Kook-il Kim said, “As competition in the legal market is intensifying recently, we have extensive experience and knowledge. “We needed an expert,” he said. “I think we will be able to provide even more enhanced services to our customers with the addition of Attorney Cho, who is familiar with various fields.” Reporter Kim Nam-ha (skagk1234@dailian.co.kr)[View full article] Dailyan - Daeryun Law Firm joins Attorney Cho Young-gon, former Seoul Central District Prosecutors' Office Chief of Investigation (Go to the link) Law News - Cho Young-gon, former Seoul Central District Prosecutors' Office Chief, joins Daeryun (link) Segye Ilbo - ‘Investigator’ Cho Young-gon, former chief of Seoul Central District Prosecutors’ Office, joins Daeryun Law Firm (Click here) Legal Times - [Law Firm iN] Cho Young-gon, former Seoul Central District Prosecutors’ Office Chief Dae-ryun joins (link) International News - Former District Prosecutors' Office Chief Cho Young-gon begins full-fledged defense activities with Daeryun Law Firm (Click here)
Maeil Business Newspaper
2025-01-21
“기업결합 격려금, 우린 왜 안주나”…‘한 가족’ 강조한 조원태 회장, LCC도 챙길까
“Why aren’t we giving incentives for corporate combinations?” Chairman Cho Won-tae, who emphasized ‘one family’, will he also take care of LCC?
Executives and employees of Korean Air and Asiana Airlines, who completed the business combination process that lasted about 5 years and 7 months, will receive business combination encouragement money this week. However, as there has been no specific mention of the merger incentive for LCC (low-cost carriers), which are subsidiaries of both companies, attention is focused on whether incentives will also be paid to them in the future. According to the aviation industry on the 20th, Korean Air will receive a 'business combination incentive' worth 50% of the bonus upon the completion of the merger of Korean Air and Asiana Airlines on the 21st. In the case of Asiana Airlines, the incentive money is scheduled to be paid on the 24th. Previously, Korean Air decided to pay a ‘merger approval congratulatory money’ upon the completion of the business combination through a wage and collective agreement (collective wage agreement) in May last year. It has been reported that the payment of incentives paid to executives and employees of Asiana Airlines has recently been confirmed. In a message sent to executives and employees of Asiana Airlines on the 16th, Korean Air Chairman Cho Won-tae said, “I could sense your fatigue due to the corporate combination review,” and encouraged, “We will ensure that you receive fair opportunities and compensation according to your abilities and efforts during the process leading up to the integration and after the integration.” In particular, Chairman Cho has been actively taking care of Asiana Airlines, calling it “one family.” He also became a hot topic as he departed from the United States on Asiana Airlines, not Korean Air. On the 10th, Chairman Cho flew on an Asiana Airlines flight between Incheon and LA. This is interpreted as an attempt to emphasize the image of Asiana Airlines and 'one family' both internally and externally. In fact, in his New Year's address on the 2nd, he emphasized, "Last year, there was a big change in which Korean Air, Asiana Airlines, and group companies came together under the roof of Hanjin Group," and "I envision a smooth process of becoming a true family." However, there are some executives and employees of Jin Air, a subsidiary of Korean Air, and Air Busan and Air Seoul, subsidiaries of Asiana Airlines. The sound of ballmen is coming out. This is because, unlike paying incentives to executives and employees of both companies following the merger of Korean Air and Asiana Airlines, no plans were announced to pay incentives to subsidiary LCCs. An industry official said, “Various procedures related to the merger are in progress within the subsidiaries, but they are completely excluded from discussions on merger incentives,” and added, “I hope that LCCs will also take care of it in order to boost the morale of employees.” The corporate combination incentive is a financial compensation paid after a company merges with another company. Although it is not a legal obligation, it is practiced customarily and is used by many companies to stabilize labor-management relations and smooth organizational integration. However, some believe that financial compensation for LCCs is also necessary as the purpose of paying incentives for business combinations is to encourage workers' motivation to work. However, some say that related discussions are premature because the merger of the three LCC companies has not yet been specifically completed. Choi Young-jin, an attorney at Daeryun Law Firm, explained, “In the case of corporate combination incentive payments, the compensation is paid after the company merges with another company.” He added, “In other words, since the integration of the three LCC companies has not been completely completed yet, even if the incentive payment is paid, it will be after a complete merger has occurred.” Reporter Seojin Ahn (seojin@mk.co.kr)[View full article] “Why aren’t we giving incentives for corporate combinations?” Chairman Cho Won-tae, who emphasized ‘one family’, will he also take care of LCC? (Shortcut)
Money S
2025-01-21
"블랙박스가 살렸다"… 중학생 추행 혐의 20대 남성 '무죄'
“The black box saved my life”... Man in his 20s found not guilty on charges of molesting a middle school student
A man in his 20s who was put on trial for molesting a middle school student he met through a chat app was acquitted in the first trial and also in the appeal trial. Criminal Division 4-2 of the Seoul High Court (Chief Judges Kwon Hyeok-jung, Hwang Jin-gu, and Ji Young-nan) dismissed the prosecution's appeal and declared him not guilty at the sentencing hearing for Mr. A (27), who was indicted on charges of violating the law on sexual protection of children and adolescents (forced molestation) on the 11th of last month. The original judgment was upheld. Mr. A is accused of molesting Ms. B (then 16 years old) on two occasions after putting her in a vehicle in November 2022. Mr. A got to know Ms. B through a mobile chat app, and it was confirmed that the date of the incident was their second meeting. During the investigation, Ms. B was found to have made a statement to the effect that ‘Mr. A forcibly touched important parts of her body even though she refused several times.’ The prosecution requested a fine of 10 million won for Mr. A based on Ms. B's statement. At the trial, Mr. A's legal representative pleaded not guilty based on the fact that the victim's statement was inaccurate and inconsistent. In addition, the vehicle's black box, which recorded the scene at the time of the incident, was submitted as evidence. After reviewing the black box transcript and the contents of the statement, the first trial court decided that it was difficult to say that Mr. A molested Ms. B. The court declared the victim not guilty, saying, "The victim's statement was overturned several times before reaching this court, and the evidence submitted did not contain anything that could lead to inference whether molestation had occurred." Attorney Oh Gyeong-hoon of Daeryun Law Firm (Limited), who is Mr. A's legal representative, said, "In this case, the victim's claims kept changing from the investigation stage, and it was difficult to view the contradictions in the victim's statement as simply a mistake due to the passage of time or a difference in the detailed description method," and "Especially at the time of the incident." “When compared with the file recorded in the black box, there were parts that were different from the facts. Based on this, we were able to prove that Mr. A had not molested the victim and was acquitted.” Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] “The black box saved my life”... Man in his 20s found not guilty on charges of molesting a middle school student (Click here)
KBC Gwangju Broadcasting
2025-01-21
"우발적으로.." 軍 동기 폭행하고 손가락 깨문 20대 '선고유예'
“Accidentally..” A man in his 20s who assaulted and bit his finger off a military colleague receives suspended sentence
A man in his 20s who assaulted and injured a fellow soldier while serving in the military received leniency from the court. According to the legal community on the 21st, the Suwon District Court postponed the sentencing of a fine of 5 million won against a man in his 20s, Mr. A, who was indicted on assault charges. Mr. A was indicted on charges of assaulting the face and shoulder of fellow soldier B in January of last year. He is also accused of biting B's finger and injuring him. At the time, the two men lost their emotions while arguing. It was investigated that Mr. A committed this crime because he became angry and could not control his anger. Mr. A admitted the charge, but appealed for leniency, saying that he committed the crime accidentally and that an agreement was reached with the victim. Both men also mentioned that they had returned to society after completing their military service. The court said, "Assault within the military unit is likely to disrupt military discipline," but added, "The defendant has been discharged from the military, so there is no risk of reoffending in a similar environment, and he has reached an amicable agreement with the victim and does not want to be punished." Attorney Kim Young-soo of Daeryun Law Firm, who was in charge of Mr. A's defense, explained, "In the case of general assault, the crime of impunity against the will is established under the criminal law, but military criminal law applies to assault in the military, so criminal punishment is imposed regardless of the victim's intention to punish." He added, "We mentioned this during the trial process and emphasized that if the victim had expressed his intention not to be punished, the case would be concluded with a decision to dismiss the indictment." “It appears that the court also accepted this and gave maximum leniency,” he said. Reporter Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] “Accidentally..” A man in his 20s who assaulted a military colleague and bit his finger received a suspended sentence (link)
Sports Seoul
2025-01-21
집행유예 중 연인에게 상해 입힌 30대, 항소심서 감형
A man in his 30s who injured his lover while on probation had his sentence commuted on appeal.
I brandished my cell phone at my lover because I thought he was cheating on me... 1st trial ‘10 months in prison’ appeal trial “Efforts to restore relationships… taking into account amicable agreements” A man in his 30s who injured his lover by swinging an object while on probation received a reduced sentence at the appeals court. On November 29 last year, the 5-3 Criminal Division of the Suwon District Court overturned the original trial that sentenced Mr. Sentenced to two years. He was also ordered to perform 80 hours of community service and take 40 hours of violence treatment classes. Mr. A was suspected of injuring his lover, Mr. B, by swinging objects, including a cell phone, in May 2023, suspecting him of an affair. As a result, Mr. B suffered injuries to his face and body, and was diagnosed at a hospital that he needed about 4 weeks of treatment. During the investigation, Mr. A was sentenced to probation for violating the Road Traffic Act in the past, and it was during this period that he committed a crime. It was revealed that the first trial sentenced Mr. A to 10 months in prison. The court stated the reason for the prison sentence, saying, “The injuries suffered by the victim were not light,” and “The defendant committed the crime again despite being on probation.” Mr. A filed an appeal on the grounds of unfair sentencing. Mr. A explained that he could not control his anger and committed the crime accidentally. At the same time, he emphasized that he tried to restore his relationship with Mr. B after the incident. The appeals court accepted Mr. A's claim. The court said, “The nature of the crime is not good considering the circumstances and content of the crime, the risk, and the extent of the victim’s injuries,” but said, “The defendant tried to restore the relationship with the victim after the crime and did not use any more violent words or actions.” He then stated the reason for sentencing, saying, “The defendant also admitted to the crime and was reflecting on his mistakes, and took into account the fact that he reached an amicable agreement with the victim.” Attorney Kim Tae-hwan of Daeryun Law Firm (Limited), who is Mr. A’s legal representative, said, “If you commit a crime again during the probation period, you cannot receive probation,” he explained. “However, if the sentence is passed after the entire period has elapsed, you can receive probation.” He added, “In this case, the crime was committed during the probation period, but the original and appellate court sentences were issued after the period ended.” He added, “We were able to receive a reduced sentence by emphasizing that the relationship between the two is amicable at the present time along with Mr. Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] A man in his 30s who injured his lover while on probation had his sentence commuted on appeal (link)
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