Press Coverage

Law firms seeking to pioneer and innovate new markets Korean law firms are turning their attention overseas.. Meanwhile, local offices and desks of Korean law firms have signed business agreements with overseas law firms.(MOU) We are responding to the demand for advice from local companies, focusing on some law firms, beyond supporting Korean companies.. In the legal field, in the global market ‘K-law firm’There is analysis that this position is being consolidated.. A law firm official said: “Going global is no longer an option, but a necessity”He emphasized. Overseas expansion, Essential to strengthen competitiveness 2004year law firm(omitted below) Pacific(Representative Lee Jun-gi)After opening its first overseas office in Beijing, China, today 9large law firm(2023Based on number of Korean lawyers per year)of overseas offices total 43reach the place. 6than a year ago 10With increased numbers, This shows that law firms are quickly moving to overseas markets to find new revenue sources as the growth of the domestic legal market has stagnated.. The representative attorney of a law firm “By opening a local office, you can build an international network by collaborating with local global law firms., It has the advantage of increasing brand trust internationally.”said. There are also mid-sized law firms seeking innovation through overseas expansion.. Sugar Square is currently operating offices in Cambodia and Laos.. Recently, we provided advice on a Laotian company's carbon emissions trading system and are planning to open one in Dallas, Texas.. Daeryun is currently preparing to enter the Japanese office.. Daeryun is seeking cooperation with local law firms with the goal of entering the New York market.. Localization strategy... including consulting for local companies. In the early days of overseas expansion, most law firms had Korean companies as their main clients.. especially ‘outbound(out-bound)’ It was focused on the incident.. Now, the scope of expansion has expanded to meet the demand for advice targeting local companies.. Cheol-woong Kim, lawyer at Sugar Square, “Through localization strategies, we are seeking not only Korean customers but also local companies.”as “Compared to before, requests for advice from local companies are steadily increasing.”said. 8opening 9Operating a branch, Jipyong, which has the largest number of overseas offices among domestic law firms, is also actively responding to local companies.. Jeongcheol(49·31energy) Attorney Jipyeong “Currently, the main customers of overseas offices are Korean companies., In the case of China, there is a lot of demand from local companies and customers and it is gradually increasing.”said. Indonesia, Central and Eastern Europe, etc. Attention Recently, Indonesia and Central and Eastern Europe in particular have been attracting attention as new strategic bases.. Indonesia is the largest consumer market in ASEAN., The entry of small and medium-sized businesses is accelerating as the Ministry of SMEs and Startups opened a Global Business Center in Jakarta this month.. With abundant natural resources and a high proportion of the working-age population, domestic law firms are also actively working to resolve legal and regulatory difficulties for small and medium-sized businesses and startups.. Kim·Jang(Representative politician Gye-seong), square(CEO Kim Sang-gon), Pacific, Sejong(Representative Oh Jong-han)signed a business agreement with the Ministry of SMEs and Startups and signed a business agreement not only in Indonesia but also in Vietnam., Startups are actively expanding overseas, including in Singapore. 9Provide customized legal support free of charge to countries.. Central and Eastern Europe are also rapidly emerging as production bases for global companies.. Visegrad Group, centered in Hungary(Czechia, Slovakia, Poland, Hungary)is actively attracting investment from global companies by boasting low corporate taxes and skilled labor.. Samsung and SK As large domestic companies such as Hungary are investing in Hungary as a key production base in Europe, law firms are also preparing to jump in.. The horizon is 10In January, we opened an office in Hungary and began targeting the Central and Eastern European market.. Yulchon is the only company operating an overseas office in Russia.. Recently, we are considering opening overseas offices in India and Singapore.. Huawoo is the only company operating in Uzbekistan.. The Tashkent office supports domestic companies’ expansion into Central Asia.. Yoon & Yang is considering opening a Singapore office to strengthen legal services in Southeast Asia and the Middle East.. The continent 2022year washington usaDCopened an office in. Additionally, the possibility of opening an overseas office is also being considered.. Gwangjang opened the Eurasian Strategic Research Center last year. CIS(Commonwealth of Independent States) We provide investment consulting to countries.. In addition, the plan is to establish a liaison office in Kazakhstan, open an office in Singapore, and install a local desk in Indonesia.. 5opening 8location(Beijing, Shanghai, Hong Kong, Ho Chi Minh, Hanoi, Yangon, Singapore, Jakarta)Pacific, which operatesTFis being expanded and reorganized.. Collaborating with law firms in the Middle East MENA(Middle East and North Africa) TFWe are exploring new markets by launching. Sejong is UkraineTFWe support domestic companies wishing to enter Ukraine.. India, taiwan, Demand for advice is increasing in countries such as Malaysia, and ways to respond are being sought.. Bareun also plans to accelerate the operation of its Singapore office.. Oh Hee-jeong, a foreign lawyer and representative of the Bareun Singapore representative office, “Demand for advice from startups wishing to enter the ASEAN market is increasing.”as “Since the investment immigration standards were recently changed in Singapore, the demand for investment and migration advice from wealthy individuals in Singapore has increased significantly.”He conveyed the local atmosphere.. Kim & Chang Law Office 5dog(Hong Kong, Ho Chi Minh City, Hanoi, Singapore, Jakarta)We operate overseas offices and local desks.. Considering market conditions, we are considering additional overseas expansion.. [View full article] Also available in Yangon, K-Law Firm’s global activities (link)

Mr. A is sent on charges of possession and distribution of sexually exploitative material... Prosecutors deny charges of “mixing it with torrent files” Prosecutors say, “It is difficult to recognize sexually exploitative material… there is no intention of possession” No indictment A man in his 40s who was suspected of possessing and distributing sexually exploitative materials about children and adolescents was not indicted by the prosecution. On the 14th of last month, the Eastern Branch of the Busan District Prosecutors' Office decided not to charge Mr. A, in his 40s, who was suspected of violating the Act on Sexual Protection of Children and Adolescents. In January, he was accused of using a torrent program to download about 1,900 files of sexual exploitation of children and adolescents from the so-called ‘N Room incident’ and of possessing and distributing them. The police applied Mr. A to charges of false solicitation based on the fact that information records on folders related to child sexual exploitation were discovered as a result of digital forensics on the SSD storage medium owned by Mr. A and handed over the case to the prosecution. Mr. A completely denied the charges. Before traveling abroad, he downloaded a large amount of movie and drama files through a torrent program, and it was said that illegal footage was mixed in. While checking the list of downloaded files, Mr. A found an executable file suspected to be a virus and immediately deleted all folders. He also emphasized that he was not aware that the materials in question were sexual exploitation materials. He also refuted the charge of distributing sexual exploitation materials. Mr. A argued that the videos in question were simply distributed automatically due to the nature of the torrent program, which is distributed to an unspecified number of people at the same time as downloading. The prosecution decided not to indict Mr. A. This is because each file name of the video received by Mr. A is in alphabetic and numeric format, so it would be difficult to recognize it as sexual exploitation or illegal filming. The prosecution also added, “Due to the nature of the torrent program, we cannot rule out the possibility that files that were not selected by the suspect were also downloaded.” Regarding the related folder information records discovered during the digital forensics process, they explained that it is evidence that the folder was created on the PC and does not serve as evidence that it was viewed. Mr. A’s side Attorney Park Jeong-gu of Daeryun Law Firm (Limited), who acted as legal representative, explained, “Mr. A had no intention of possessing sexually exploitative material at all,” and “During the investigation, no data was found to confirm the circumstances by which Mr. A downloaded the illegally filmed material, and it appears that the prosecution also took this into consideration.”[View full article] A man suspected of possessing and distributing sexually exploitative material was ‘not indicted’ by the prosecution… Why? (Shortcut)

The court issued a payment order to a company that failed to deliver the price of goods while acquiring a supplier through a subsidiary, saying, "As a matter of practice, the representative's seal is omitted, and the signature of an internal employee is also effective." On the 6th of last month, the Cheonan branch of the Daejeon District Court ruled in favor of the plaintiff in a lawsuit claiming the price of goods brought by company A, a delivery company, against company B, an automobile parts sales company. Company A, which had been paying products to company B for a long time, decided to discontinue business in 2022 due to worsening profitability. A subsidiary of Company B, a product procurement company, made a proposal to acquire the company, and Company A responded. During the acquisition process, the head of the purchasing team of Company B wrote a letter of agreement to pay for the goods to Company A. This included a promise to pay for the goods that Company A had been supplying. Even though the acquisition process was completed, a problem arose when Company B did not pay Company A. Company B denied the fact of the contract with Company A. This is because the company they signed the contract with is a subsidiary and there is no reason to pay for the goods to Company A, which was only in charge of consignment production. They also denied the effect of the payment confirmation letter. Company B defended, saying, “The document in question was written personally by an internal employee and cannot be viewed as an official document. Even if it is effective, this part should be deducted because approximately 19 million won has already been transferred to Company A’s corporate bank account.” Company A launched a rebuttal. This is because, in the process of delivering goods over a long period of time, settlement payments have always been received from Company B’s purchasing team. The claim surrounding 19 million won was also not accepted. Company A countered, saying, "At the time Company B remitted the amount, the right to use the bankbook had already been transferred to the subsidiary that acquired Company A, so we never received the money." The court ruled in favor of the plaintiff, stating that Company B must pay Company A approximately 61 million won. The court explained, "It is acknowledged that the two companies have maintained a business relationship for a considerable period of time. As a result, the head of the purchasing team, not the company representative, decided on the settlement amount and promised to pay it." The court said, "Due to this practice, there were no significant objections even if the seal of Company B's representative, etc., was omitted on the confirmation letter. Therefore, it is correct that Company B decided to pay the money." Regarding the deductible amount, Company B did not accept the claim, saying, "Company B sent money despite knowing that Company A's bank account was managed by its subsidiary according to the corporate transfer agreement," and "This cannot be considered fair debt repayment." Attorney Ji Min-hee of Daeryun Law Firm (Limited), who represented Company A, said, "In practice, even if the signature is not directly signed by the CEO but by the head of the purchasing team, it is often considered valid based on transaction practices," adding, "This ruling appears to be a reasonable ruling that appropriately reflects these commercial practices." said.[View full article] “The contract is valid even without the representative’s seal”… Court orders payment to business partners (link)

Recently, cases of not receiving the deposit for rent or monthly rent are increasing. Looking at the status of real estate applications for lease registration orders posted on the court registration information plaza, the number of applications filed as of October this year is 52,430. This is about 10,000 higher than the 42,278 recorded during the same period last year. A lease registration order is a system that a tenant applies to the court when the deposit is not returned from the landlord even though the contract has ended. Through this, the tenant can maintain the right to recover the deposit and the right to preferential repayment even if he or she moves. In order to avoid being involved in problems related to the return of the deposit, it is necessary to pay attention from the time of signing the contract for the house. After examining the loan and deposit held by the landlord through a copy of the register, etc., it is necessary to determine whether or not the landlord has the ability to return it. After signing the contract, it is better to immediately file a move-in report and apply for a fixed date to obtain priority repayment rights, and sign up for rental guarantee insurance from the Housing and Urban Guarantee Corporation (HUG). If you do not want to renew, you must notify the landlord of your intention to vacate from 6 months to 2 months before the expiration date. At this time, it is important to keep records of phone calls or text messages. In the case of phone calls, it is a good idea to secure a recording of the call, and in the case of text messages, it is best to secure a reply confirming that the landlord has confirmed the contents of the text message. In some cases, a certificate of contents containing the contract expiration date may be sent. If the deposit has not been returned by the end of the contract, you can apply for a lease registration order or, in some cases, take legal action such as a payment order or civil lawsuit. At this time, if you receive help from an expert based on the data obtained earlier, it is possible to proceed with a more favorable lawsuit. In some cases, there are landlords who do not return the money even if you win the lawsuit for the return of the deposit. In this case, the deposit must be recovered by carrying out compulsory execution procedures based on the favorable judgment. The landlord can dispose of the house owned by a real estate auction or continue to return the deposit through bond or movable property seizure. However, because the issues and aspects of each individual case are different, the documents and measures required are also different. Therefore, it is also a good idea to prepare execution procedures based on thorough preparation and strategy with the help of experts.[View full article] From refund of deposit for rent and monthly rent, from moving-in report to lawsuit and compulsory execution (Shortcut)

A man in his 40s who was twice accused of having his lover write a self-introduction on his behalf was cleared of the charges. According to the police on the 10th, the Okcheon Police Station in North Chungcheong Province decided not to forward Mr. A, an employee in his 40s, who was suspected of obstruction of business on the 1st of last month. Mr. A was accused of interfering with recruitment by having Mr. It is known that Mr. A was finally passed in the recruitment process based on the relevant introduction. In relation to this, Mr. A denied all charges, saying that he only asked Mr. B to edit and review the self-introduction. He also claimed that the work experience he entered was not false and was actually the work he was responsible for. The police found that Mr. A was not guilty. It was determined that Mr. A had already written a similar self-introduction before dating Mr. B. The police said, "The self-introduction in question was in the past. “It was not much different from what was written,” he explained, “and the results of the investigation by the relevant agency revealed that it was not written on behalf of him.” The suspicion that he had written a false career history was also found to be untrue. The police said, “As a result of receiving information from the company where Mr. A worked, it was confirmed that he actually performed the work described in his self-introduction.” Mr. B, who first filed a complaint regarding this case, expressed his intention to object to the decision not to forward the complaint. Afterwards, Mr. B gathered evidence and filed the complaint again. However, the police again decided not to forward the case, saying, "There is no new evidence to change the existing decision." Attorney Kim Jin-ju of Daeryun Law Firm (Limited), who represented Mr. He further added, “The work history was the actual work that Mr. A was responsible for, so there was no false information, and Mr. B only helped with some corrections during the writing process, so the crime of obstruction of business was not established.”[View full article] A man in his 40s who had his lover ghostwrite his personal statement was ‘not guilty’ of obstruction of business (Go to the link)

Elementary school students who molested and bullied classmates in the same elementary school were handed over to the juvenile division of the court. It was confirmed that the Gyeongsangnam-do Provincial Police Agency transferred Boy A (12 years old), who was suspected of violating the Act on Sexual Protection of Children and Adolescents, to the juvenile division of Changwon District Court at the end of October. Juveniles between the ages of 10 and 14 who commit acts that violate the juvenile law are considered criminal minors and are subject to protective measures instead of criminal punishment. Person A is accused of exposing part of the body of his classmate, Person B, by pulling down his pants in an elementary school classroom in June 2023. According to the police investigation results, it was confirmed that Group B has suffered from group bullying since 2020. It was confirmed that they habitually harassed Group B, including swearing and teasing him for no reason. In addition, it was revealed that there were acts of physical violence. Another classmate, C, swung a chessboard and hit B on the head. Currently, C is being sent to the juvenile division of the Changwon District Court on charges of special assault. At the School Violence Countermeasures Review Committee (School Violence Committee) held later, Group B mentioned that they were suffering serious trauma due to bullying by the offending students and insisted on severe punishment for them. Group B's legal representative emphasized that severe punishment should be imposed, citing the fact that the violence of the perpetrators has reached a serious level and that the victims are unable to continue their studies due to the school violence that has continued for a long time. The school violence committee, which accepted this claim, decided to impose sanctions on the offending students, including a ban on contact (No. 2), school volunteer work (No. 3), special education (No. 5), and suspension of attendance (No. 6). The maximum punishment for school violence is possible, up to expulsion (No. 9). The police who investigated this case acknowledged the perpetrators' charges of forcible molestation and decided to send them to the juvenile department. Attorney Kim Dae-su of Daeryun Law Firm (Lihan), who is the legal representative for the victim student B, said, “In the case of a victim student, he or she must explain in detail the damage he or she has suffered to the school violence committee or the police, and the psychological damage suffered by the victim in this process is also great.” “We were able to resolve the injustice, and based on the future results, we plan to proceed with the civil lawsuit in an advantageous manner,” he said.[View full article] Elementary school students who committed school violence by ‘hitting the head with a chessboard and even sexually harassing’... sent to the juvenile department (link)

Daeryun Law Firm (Limited) announced on the 9th that it signed an MOU for regional development with Goyang Special City. The signing ceremony held at the Open Mayor's Office at Goyang City Hall on the 2nd was attended by CEO Daeryun Kim Kuk-il, lawyer Jeon Hyo-cheol, and Goyang Special Mayor Lee Dong-hwan. Currently, Goyang City is carrying out various projects to realize a self-sufficient city through job creation and promote a free economic zone. Accordingly, Goyang City plans to continue a more stable business by signing an MOU with Daeryun, a law firm that is expanding beyond the domestic market and entering the global market. Through this MOU, Daeryun plans to provide legal assistance in attracting investment and overall urban development projects in Goyang City. In particular, we plan to provide advice on taxation, accounting, and labor to prevent legal risks in the Ilsan Techno Valley project and the free economic zone designation project being promoted by Goyang City and to ensure stable operation of global companies operating in the city. Goyang Special Mayor Lee Dong-hwan said, “Goyang City provides the optimal environment to attract investment from domestic and foreign companies,” and added, “Based on cooperation with Daeryun, we will strengthen Goyang City’s urban competitiveness and grow into an international investment destination.” Daeryun CEO Kim Kuk-il said, “Daeryun is building a global network by collaborating with various overseas law firms,” and added, “Through this agreement, we will generously provide legal support and consulting to help Goyang City become a hub for international business.” Meanwhile, Daeryun is currently expanding into major overseas cities such as Tokyo and New York and is expanding into a global law firm. Through this, Daeryun plans to provide the best legal services around the world.[View full article] Segye Ilbo - Daeryun Law Firm (Limited) signs MOU with Goyang Special City… ‘Leap to become an international city’ (Shortcut) NSP Communications - Goyang City and Daeryun Law Firm Sign MOU for ‘Leap to an International City’ (Click here) Aju Economic Daily - [Law Firm Lounge] Daeryun signed a memorandum of understanding with Goyang City for regional development (Click here) Asia Economy - Goyang City-Daeryun Law Firm, MOU signed... ‘Leap to become an international city’ (Shortcut) Venture Square - Daeryun Law Firm signs a business agreement with Goyang City (Click here)

To the social information security system 52Court of Unauthorized Access to Personal Information "It is an abuse of power, but there is no legal punishment." A public official in Busan was put on trial on charges of accessing information about her ex-boyfriend's family without permission through an internal system, but was ultimately acquitted.. The court ruled that although the actions of public officials may be grounds for disciplinary action, there is no legal basis for punishment.. 8According to Japanese legal circles, the Supreme Court 1wealth(Chief Judge Suh Kyung-hwan)A district office official in Busan was indicted on charges of violating the Personal Information Protection Act. A(30Rental/Rental)The original verdict of not guilty was confirmed in the appeal trial against Mr.. I worked at an administrative welfare center in Busan. AMr. 2022year 4~6Monthly through the Social Security Information System, my ex-lover BMr. BMr.'s father, younger brother, etc. 3Total personal information about people 52He was indicted on charges of unauthorized viewing on multiple occasions.. AMr. BMr. 2021since 2022year 5It is reported that they dated until February.. The social security information system was established by the government to manage welfare benefit recipients., AThrough this system, Mr. BYour family's name and date of birth, address, I checked the phone number, etc.. AHe was in charge of social welfare work and had comprehensive authority to view personal information.. However, during the viewing process BThere was no consent from Mr., I found out about this BThe investigation began when Mr.. The prosecution AMr. BBecause the information was obtained without the father's consent and due process, the Personal Information Protection Act59article 1like, my72article 2It was judged that it violated the provisions of. Personal Information Protection Act59Article: The person who processes or has processed personal information 'Obtaining personal information or obtaining consent for processing by lying or other illegal means or methods' etc. are prohibited.. my72Dozing off 'A person who obtains personal information through lies or other illegal means or methods'is punishing. 1The trial court pursuant to the relevant provisions AIn addition to abusing the authority given to Mr. 'Unfair means or methods'It was determined that a crime would be constituted only if there was an act of obtaining personal information.. but AMr. BIn order to view your family's personal information, you logged in to the Social Security Information System using your ID and password., In fact, at the time, there were no additional procedures to protect personal information, such as entering an additional reason each time personal information was viewed or obtaining approval from a superior.. hereto 1The trial court "ASimply by failing to obtain the consent of the information subject or go through other due procedures. 'Lies or other unjust means or methods'It is difficult to believe that it corresponds to"While "AIn the process of actually viewing personal information, a reason, such as a written or oral request from the complainant, is required.. If unauthorized access is made without such reasons, it is an abuse of authority or an inherent limit to authority has been exceeded., Depending on internal rules, this may be grounds for disciplinary action."I decided. In addition, "AAlthough there is nothing wrong with Mr., It is difficult to say that the provisions questioned by the prosecution have been proven beyond a reasonable doubt."as "AAlthough he obtained information beyond his authority,, We are found not guilty because we did not neutralize security procedures or enter false reasons."ruled that. The appellate court also "When we review the original trial's judgment by comparing it with the records, we find that the original trial's judgment is justified., It cannot be said that there is an illegal misconception of fact there."He dismissed the prosecution's appeal.. The Supreme Court "When looking at the reasons for the original judgment in light of the relevant legal principles and records, the original judgment did not violate the rules of logic and experience, exceeded the limits of free deliberation, or misunderstood the legal principles regarding the establishment of a violation of the Personal Information Protection Act."He dismissed the prosecution's appeal.. In other words, the judiciary AMr. Unauthorized access to the personal information of his ex-boyfriend and his family 'Abusing one's authority'That's true, but there are no regulations to punish it. AIt was decided that Mr. could not be criminally punished.. In addition, in order to punish for violating the Personal Information Protection Act, ABeyond the abuse of power 'Unfair means/methods'This must be mobilized, but AThe court found him not guilty because he only accessed the social security information system with his own ID and had no means or method of tampering.. Regarding this, the law firm(finite) Attorney Daeryun Jeong Sa-bong is "Until the law is revised, it is important to prepare self-help measures at the administrative level in order to fill legal gaps related to personal information protection."While "In other words, we prevent unauthorized viewing of personal information through self-rescue measures such as strengthening security through technical means., There is a need for more stringent management in terms of strengthening disciplinary action and authority management for public officials viewing inappropriate information."He emphasized. In fact, since last year, the Ministry of Public Administration and Security has issued a policy stating that public officials who inquire or leak personal information without permission may be dismissed or dismissed. 'Guidelines for handling disciplinary action for violations of personal information protection laws and regulations'second 'Disciplinary work rules and manual'reflected in. Regarding this, Attorney Jeong "In this guideline: 'Abused for various crimes'As in the case where 'Serious damage to data subjects'However, it is difficult to evaluate this as a self-rescue measure to prevent simple harm to ordinary citizens."While "In order to recover from the damage suffered by citizens who have been subject to unauthorized access, the minimum solution would be for the executive branch and local governments to reflect the agreement with the victim in the standards for disciplinary action when deciding on disciplinary action for unauthorized access to personal information."suggested that. [View full article] A public official was found not guilty of unauthorized access to ex-lover's family information in Busan... why? (Shortcut)

Station worker A was indicted on charges of professional negligence and manslaughter. The court said, "In order to maintain the obligation to depart on time... it would have been difficult to anticipate the accident." A station worker who was indicted for failing to fulfill his safety management duties in connection with an accident in which a passenger who suddenly jumped onto the tracks was hit by a train was found not guilty in the first trial and also in the appeals court. This is because it was judged that the station staff could not have predicted the passenger's behavior. According to the legal community on the 5th, the Daegu District Court's 1st Criminal Division dismissed the prosecutor's appeal and upheld the lower court's ruling against station worker A, who was suspected of professional negligence last November. While in charge of traffic control at a train station in December 2021, Mr. A is suspected of causing an accident by neglecting his duty of care, such as passenger control. A passenger at the time. Mr. B suffered an accident when he was hit by a train while trying to cross the tracks while heading to the platform. As a result, Mr. B was seriously injured and was taken to the hospital. The prosecution determined that the accident occurred because Mr. A failed to comply with his duty to control passengers at the crossing and entered the station room first. Mr. A denied the charge, saying that he entered the station room first to perform railroad control duties. At the time, Mr. A was carrying out passenger control and railway control duties alone, but he emphasized that it was realistically impossible to perform both duties at the same time due to the distance between the platform and the station office. In addition, Mr. A also claimed that there were difficulties in predicting the occurrence of accidents. The victim suffered an accident while walking on the tracks rather than at a crosswalk, and even if proper control had been implemented, the accident could not have been prevented. The first trial court ruled in favor of Mr. A. The court said, “The reason Mr. A stopped controlling the crossing and entered the station office early was to fulfill another obligation of departing on time,” and added, “Therefore, it is difficult to say that there was a violation of the duty of care at work.” He then said, "At the time of the accident, the victim's blood was found on the tracks away from the railroad crossing, along with testimony that the victim was on the railroad tracks away from the railroad crossing." He concluded, "The accident occurred on the railroad tracks, not the railroad crossing." The prosecution filed an appeal, but the appellate court also made the same decision. The appellate court explained the reason for the acquittal by saying, “The place where the victim was hit by the train is likely to be a track, not a railroad crossing, so it seems impossible for Mr. A to anticipate and prevent the accident.” Attorney Kim Seok-gyun of Daeryun Law Firm (Limited), who represented Mr. A in the appeal trial, said, “According to Paragraph 4 of Article 254 of the Criminal Procedure Act, the facts of the indictment must be specified by specifying the date, place, and method of the crime,” and added, “ “The location is said to be ‘near the railroad crossing,’ but since the court determined that the location of the accident was a railroad track, the facts of the indictment are unspecified,” he said. He added, “It appears that these facts were reflected in the not guilty verdict.” [View full article] - "Accident of passenger suddenly jumping onto the tracks"... Station employee found not guilty on appeal (link)

Interview with attorney Kim Won-sang of Daeryun Corporate Legal Group Franchise Team Daeryun Law Firm Expects increase in legal demand related to franchise fees, 'Legal advice/financial accounting' Provided by Total Care Recently, it became known that Pizza Hut Korea applied to the court to initiate rehabilitation procedures, making it a hot topic.. 1This crisis at Pizza Hut Korea, a multi-generational franchise, was raised by franchise owners. 'Difference in franchise fee lawsuit'It started with a loss in.The difference in franchise fee is a profit added to the price of the goods provided by the head office to the franchisee., sort of 'distribution margin'It means.The court ruled that it was unfair for the headquarters to unfairly impose the difference in franchise fee without the consent of the franchise owner.. Currently, Pizza Hut Korea is going through the appeal process., If the ruling is finalized, store owners will be subject to 210Hundreds of millions of won must be returned.The impact of this ruling appears to be spreading throughout the franchise industry.. The controversy continues as other franchise owners are also known to be considering related lawsuits..While this industry turmoil is expected to continue for the time being,, Daeryun Corporate Legal Group recently announced that it will strengthen its franchise team and take a preemptive response.. In relation to this, we met and spoke with attorney Kim Won-sang, head of the Rehabilitation and Bankruptcy Center, who has direct experience participating in the Korea Pizza Hut lawsuit..Next is a Q&A with Attorney Kim..Q. The fact that Pizza Hut Korea lost a lawsuit over franchise fees is becoming a hot topic.. What caused this lawsuit to start??A. Store owners who previously operated Pizza Hut as direct stores have opened franchise stores.(chain) While operating the business, the profit was significantly lower than expected, so the balance sheet was reviewed.. As a result, it was discovered that too much franchise money was being paid to the head office, and it appears that legal relief was necessary and a lawsuit was initiated..Q. In this ruling, the court found that the franchise fee was excessively charged and sided with the franchise owners.. What is the court's standard for making this decision??A. The issue in this case is not whether or not to receive the franchise fee difference. 'Is there a basis in the franchise agreement for receiving the difference in franchise fee?'am. however 1Sim and 2The trial court ruled that there was no basis for this..especially 2Regarding the reason for revising the Franchise Business Act related to franchise fee difference, the trial court said that it was to clarify that if there is a franchise fee differential, the related agreements must be entered in the contract..However, in this case, the franchise agreement and information disclosure document did not explicitly stipulate the difference in franchise fee.. Meanwhile, in a similar case, the Supreme Court ruled that even if information unfavorable to the franchise owner was included in the information disclosure statement and was provided to the franchise owner before signing the contract, it cannot be considered incorporated into the franchise contract..move on 2The ruling ruled that if the head office needs to compensate for the costs incurred in supplying raw and subsidiary materials, it needs to take steps to establish a basis, such as concluding a contract that reflects this or presenting cost calculation data to franchise owners to obtain consent..Q. It appears that the issue of difference in franchise fees between headquarters and franchise owners has been a common practice.. So it seems like the impact of this lawsuit will be significant., What do you think about the news that other franchise owners are also preparing a group lawsuit??A. In relation to the difference in franchise fee, the matters stated in the information disclosure statement are insufficient or cannot be considered to be incorporated into the franchise contract by themselves., Due to previous practice, it is highly likely that the contract concluded between the head office and the franchise owner will not have detailed provisions on the difference in franchise fee., Considering that franchise owners tend to switch from running directly managed stores and have detailed information on profits and expenses, it is expected that franchise owners will be able to receive sufficient compensation through a group lawsuit..Q. On the other hand, some franchise companies responded with embarrassment.. There are also concerns that we may be caught up in a class action lawsuit., How does headquarters need to respond??A. First of all, franchise headquarters should not enter into poor contracts with franchisees.. Calculation details for cost reduction or preservation must be explained to store owners in an easy-to-understand manner and then clearly stated in the franchise agreement to minimize the possibility of disputes..In addition, detailed conversations held with store owners at the time of signing the contract, It seems necessary to collect receipts and tax invoices that can reveal the circumstances under which the franchise fee was received and claim that the difference in franchise fee was included..Q. So, conversely, what are the things that franchise owners should pay close attention to when signing a contract with the head office??A. What contract terms did franchise owners hear from headquarters when signing a contract?, Have you been specifically introduced to the information stated in the information disclosure statement?, It is important to check whether the specific details were explained in the process of paying the franchise fee.. Therefore, the information disclosure statement, If you have a franchise agreement and a statement of franchise fees received from the head office, you will need that statement..The head office has a professional understanding of the business and possesses sufficient important information.. Also, since this is a group of experts who are proficient in finance and accounting, it is recommended that store owners seek help from experts such as lawyers.. Are there any violations of related laws and regulations regarding the franchise business?, What are the basic regulations that can guarantee profits for franchise owners?, A detailed review of the franchise agreement is necessary to minimize disputes that may arise in the business, including the extent of predictable costs to be borne..Q. As franchise owners and franchise headquarters are very interested in unfair practices, legal demand is expected to increase.. In line with this, Daeryun also strengthened the franchise team within the corporate legal group., What specific preparations are you making??A. This lawsuit began with franchise owners carefully examining their financial statements.. Considering this, the Daeryun Franchise Team provides franchise contracts to franchise companies based on the expertise it has accumulated through consulting on various corporate accounting, finances, and taxes., Provides legal analysis of information disclosure statements. In addition, we provide consulting on the financial structure of franchise owners..Q. In this dispute, what legal improvements do you think are needed to balance the responsibilities of the headquarters and protect the rights of franchisees??A. Franchise business is a business that anyone can easily start, so it has the characteristic of being independent of the type of industry.. Therefore, I think it is necessary for authorities to quickly improve regulations in line with the development of related industries..Q. Lastly, is there anything you would like to say to those who are experiencing franchise-related lawsuits or disputes??A. Legal litigation may seem far away, but when you become a party to a dispute, you are bound to be involved in the dispute for a long time, which has a huge impact on your daily life.. Daeryun is a total care system that provides not only legal advice but also financial and accounting advice, and can provide sufficient help to both franchise owners and headquarters..In particular, in the case of franchise owners, a quick solution is needed because it is a problem that directly affects their livelihood and money.. Daeryun has the expertise to come up with an effective solution one step ahead of a dispute before it escalates, so please contact us to diagnose the problem.. [View full article] Tax Ilbo - “To avoid lawsuits for difference in franchise fees…disputes must be minimized by reviewing the franchise agreement” (Shortcut) Segye Ilbo - How to avoid lawsuits for difference in franchise fees... “Disputes must be minimized by reviewing the franchise agreement” (Shortcut)