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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.

Segye Ilbo
2024-12-04
남친 뺏고 “애 지워” 강요한 여성…전문가 “형사상 강요에 해당할 수 있어”
A woman who stole her boyfriend and forced him to “get rid of his kids”… Expert: “It could be criminal coercion.”
A woman's story was told that she was asked to terminate her pregnancy by a woman who had an affair with her boyfriend and was subjected to verbal abuse. The expert pointed out, “This could amount to criminal coercion.” The day before, on the 2nd, KBS joy's 'Ask Me Anything' featured the story of A, a woman suffering from depression due to abortion and her boyfriend's affair. Ms. A started dating her boyfriend at the chicken restaurant where she worked part-time in 2016. She had been dating her boyfriend for six years, breaking up and getting back together, but they eventually became close enough to end up living together. After living together, she became pregnant and had two children. However, the boyfriend was seeing another woman, B, without A's knowledge. He continued to date in secret, hiding the fact that he was dating Mr. A from the other woman. But is there a way to get caught if the tail is long? Person A later found out that her boyfriend was cheating on her and demanded that she end the relationship with Person B. Accordingly, the boyfriend borrowed money from Mr. B and postponed ending the relationship, asking him to wait until he repaid the money. The boyfriend did not break up with person B even though person A was pregnant. Instead, it is reported that Mr. B sent text messages to her boyfriend, saying, “Tell your girlfriend to have an abortion surgery,” and “Wouldn’t it be okay if I get pregnant too?” Ms. A eventually underwent abortion surgery. Mr. A then claimed that Mr. B left messages on his SNS (social media) such as “You are XX” and “Your baby is crying in heaven. I am so happy that your baby is dead.” Person A complained of damage, saying, “I am currently getting along well with my boyfriend, but I was diagnosed with depression because of that incident,” and “I want to escape the hurt.” Regarding this story, on the 3rd, lawyer Kwak Ji-yeon of Daeryun Law Firm advised, “If there was content in the verbal abuse that could be considered a threat, it could be considered criminal coercion, and you can also claim compensation for the illegal act.” At the same time, he added, “If social media (SNS) is open to an unspecified number of people, a violation of the Internet Act (defamation) is naturally established,” and “it appears that a claim for compensation will be possible.” [View full article] - A woman who stole her boyfriend and forced him to “get rid of his child”… Expert: “This could amount to criminal coercion” (Shortcut)
lowrider
2024-12-03
입원한 전 처 간호하다 병으로 내려친 70대 남성···‘기소유예’
Man in his 70s who fell ill while caring for his hospitalized ex-wife... ‘Indictment deferred’
Prosecutors sent to prosecutors for ‘suspicion of special injury’ “Accidental crime while faithfully caring for him...Reflection and consideration of settlement with victim” A case has emerged in which a man in his 70s who was sent to prosecutors on charges of injuring his hospitalized ex-wife by swinging a glass bottle was not indicted. It was confirmed that the Eastern Branch of the Busan District Prosecutors' Office decided not to indict, deferring the indictment of Mr. A, who was suspected of special injuries, in October of last year. In September 2024, he was handed over to the prosecution on charges of special injury for injuring his ex-wife while she was hospitalized by hitting him with a glass cosmetics bottle. At the time, it was found that Mr. A was experiencing financial difficulties surrounding the issue of collecting his ex-wife's hospital expenses. The extreme stress led to frequent drinking, and on the day of the incident, Mr. A was also drunk and hit his ex-wife with a bottle, and the nurse who discovered it reported it to the police. Mr. A admitted all the charges, but appealed for leniency, saying he committed the crime accidentally. The prosecution investigating the case decided not to indict. The prosecution said, "The charges are acknowledged. Injuring the victim is not a light matter," but judged, "It appears that the crime occurred accidentally while Mr. A was faithfully caring for the victim." The prosecution then stated the reason for the postponement of the indictment, saying, "We take into account the fact that the victim does not want punishment and that Mr. A has acknowledged the charges and is reflecting on them." Attorney Seung-chan Lee of Daeryun Law Firm (Limited), who defended suspect A, said, “After the incident occurred, Mr. A worked hard to raise money for the victim’s hospital expenses by looking into support programs such as fundraising groups, and as a result, he was able to complete the payment,” he said. “As a result of emphasizing the circumstances of the incident as well as the subsequent circumstances, we were able to obtain the result of a deferred prosecution.” [View full article] - A man in his 70s who fell ill while taking care of his hospitalized ex-wife... ‘Indictment deferred’ (link)
Money Today
2024-12-03
청소년 불법 도박, 형사 재판까지 받을 수 있어…초기부터 대응 필요
Youth illegal gambling can even lead to criminal trials... Response required from the beginning
Recently, illegal gambling by youth has emerged as a serious social problem. As a result of the National Police Agency's special crackdown on cyber gambling from September 25 last year to November 31 this year, a total of 9,971 people were arrested, of which 4,715, or nearly half, were teenagers. Adolescents' values ​​are not fully formed, so their way of thinking and judgment are often immature compared to adults. During these times, not only is the risk of falling into gambling greater, but it is also very likely to lead to psychological addiction. This not only causes financial losses but also has a serious impact on overall life, including academics, relationships, and family life. In particular, young people often indulge in gambling in cyberspace. This is because not many places require a separate adult verification process, so the sign-up process is simple and can be easily accessed using smartphones, etc. In addition to the guaranteed anonymity of being able to enjoy gambling without the knowledge of adults around you, such as parents or teachers, another reason is that it is easy to see advertisements for illegal gambling sites online. Anyone who gambles, including cyber gambling, is subject to a fine of up to 10 million won under Article 246 of the Criminal Act. If the act is repeated, a prison sentence of up to 3 years or a fine of up to 20 million won will be imposed. If you operate a gambling house, the punishment is further strengthened and you are subject to imprisonment for up to 5 years or a fine of up to 30 million won. In general, minors are often sentenced to protective custody unless they commit a violent crime. As for gambling, if it is your first offense, you can seek leniency. However, if you have gambled multiple times or run a gambling house, the story may be different. In fact, quite a few young people are involved in operating gambling sites, and in this case, the crime of opening a gambling site is applied and even minors can be put on trial. This means that, unlike a juvenile protection trial, the charges will be acknowledged and a criminal record will remain. In fact, last year, the Uijeongbu District Prosecutors' Office indicted a group of people who operated an illegal gambling site, 12 of whom were teenagers. Therefore, if you are suspected of opening a gambling site, you must actively respond by developing a strategy that suits your situation. To achieve this, it is necessary to seek help from a legal expert such as a lawyer as soon as possible. Also, even if you commit a crime for the first time and can seek leniency, this does not mean that legal action will not be taken. Therefore, an active response is needed to receive a lighter disposition. Therefore, in this case as well, it is best to proceed with legal procedures by establishing a thorough strategy with the assistance of experts. [View full article] - Illegal gambling by teenagers can lead to criminal trials... Response required from the beginning (click here)
KBC Gwangju Broadcasting
2024-12-02
"건물 실질적 관리한 임대인 자녀, 대리인으로 볼 수 있어"
“The landlord’s children, who actually managed the building, can be viewed as agents.”
Tenant asks building owner's child to renew contract Building owner claims, "I was not contacted" The court said, "The child managed the building on his behalf... Judging it as a notice to the landlord, considering it as the actual manager." The court ruled that if someone else actually managed the building on behalf of the building owner, he or she can be viewed as the building owner's agent. According to the legal community on the 2nd, the Pohang Branch of the Daegu District Court ruled on October 24 that the plaintiff in a suit for delivery of the building filed by building owner A to commercial tenant B. The claim was dismissed. Mr. A and Mr. B signed a contract in May 2021 with a deposit of 20 million won, monthly rent of 1.1 million won, and management fee of 50,000 won. As the expiration date approached, Mr. A's daughter, who was managing the building, suggested to Mr. B an increase in monthly rent and management fees and a shortened contract period as conditions for renewing the contract. Mr. B expressed his refusal. Then, Mr. A's daughter was given a contract for 2 years under the same conditions as before. A text message was sent stating that he would exercise his 'right to claim contract renewal', which can be extended. However, Mr. A said that he could not accept this and filed a lawsuit for delivery of the building. According to the Commercial Lease Act, in order to exercise the right to claim contract renewal, he must notify the building owner at least one month before the expiration of the contract, but Mr. B did not comply with this. At the same time, Mr. A emphasized that he could not accept the text message that Mr. B sent to his daughter regarding the exercise of the right to claim. Accordingly, Mr. B said that Mr. A's daughter usually represents the building owner. He claimed that he did it himself. He also added that the number in Mr. A's daughter's name was written in the landlord's phone number section of the building lease agreement. He also emphasized that since the text message was sent a month before the expiration date, the contract should be considered renewed. The court ruled in Mr. B's favor. The court said, "Mr. A's daughter represented the landlord during the contract period and asked about the use of the building and whether to renew the contract." He added, "She was in charge of actual building management, such as collecting management fees and notifying of elevator inspections, and she herself had the authority of the landlord. “The only landlord number written in the contract was the number in the name of Mr. A’s daughter,” the court ruled. “Mr. B’s notification to Mr. A’s daughter a month ago can be viewed as a notification to the landlord.” He then ruled, “The contract in question has not expired due to renewal requests and is continuing.” Daeryun Law Firm (Limited), which acted as legal representative for Mr. B, said, “Even if he did not directly state his authority as an agent, he could be judged as an agent based on social convention. “If we have approved or condoned the use of a name that can be used, it can be seen as having been granted this authority,” he said. “We have also managed the entire rental contract relationship, including issuing tax invoices on behalf of the building owner, Mr. A.” He added, “Taking these circumstances into consideration, it appears that Mr. A’s daughter has been recognized as an agent.” [View full article] - "The landlord's children, who actually managed the building, can be viewed as agents" (link)
Seoul Economic Daily
2024-12-02
"채용형 인턴에도 성과급 줘야" 잇단 판결에 기업 비상
Companies are in crisis due to successive rulings saying, “Performance bonuses must also be paid to hired interns.”
After the first ruling in 2022, two similar cases this year specify payment for the same work as regular workers. As legal precedents increase, the period for adjusting corporate regulations is shortened and the basis for payment is established. Courts are continuing to judge that if hired interns performed the same work as regular workers during their working period, they should be paid the same performance bonus. The idea is that since people do the same work, they should not be treated differently in performance bonus payments. There are observations that the court decision may result in changes to each company's internship system regulations in the future. This means that it can indicate a clear direction, such as reducing the number of interns themselves or establishing new performance-based payment regulations. According to the legal community on the 1st, the Seoul Central District Court's Civil Settlement Division 48 ruled in a lawsuit for damages due to discriminatory treatment filed by Mr. An experiential internship system was operated from 2009 to 2013. Afterwards, in accordance with government guidelines, the ‘Recruitment Intern’ system was introduced in 2014. Every year, the corporation paid performance bonuses to its employees in accordance with the compensation regulations. However, when interns and contract workers were excluded from payment, Mr. A and others filed a lawsuit, saying, “Even though we performed the same work as regular workers, performance bonuses were not paid during the internship period.” This is because failure to pay bonuses for doing the same work is a violation of Article 6 of the Labor Standards Act or Article 8 of the Fixed-Term Contract Act. The issue was whether the target of comparison for hired interns should be regular employees of the construction company. The court judged hired interns to be temporary workers, different from general trainees. The court pointed out that there was no essential difference from the work performed by regular workers, saying, “Recruited interns were assigned independent tasks like regular workers when they joined the corporation, and performed the same tasks even after being converted to full-time workers after completing the internship period.” The court ruled that the construction company violated the fixed-term law. Article 8, Paragraph 1 of the Fixed-Term Contract Act stipulates that “an employer shall not treat workers differently on the grounds that they are fixed-term workers compared to workers who have entered into an employment contract with an indefinite period to engage in the same or similar work at the relevant business or workplace.” A month earlier, in September, the 13th Civil Division of the Daegu District Court also partially won in favor of a portion of the plaintiffs in a claim for damages due to discrimination filed by 330 of the company’s interns against the Korea Real Estate Board, with a similar effect to the Korea Mint Corporation ruling. Judgment was made. The Daegu District Court also ruled that the workers subject to comparison for hired interns are regular workers. The 12th Civil Division of the Daegu District Court also sided with the interns in the lawsuit filed by interns employed by Korea Gas Corporation against the corporation in 2022. This was the first case where it was ruled that it is natural to pay performance bonuses to employed interns if they have continued to perform work similar to that of full-time employees. Dong-Han Lim, a spokesperson for Dongin Law Firm, said, “Employed interns can be considered an intermediate step in converting to full-time workers at private or public companies,” and explained, “The relevant rulings clearly state that they discriminated against temporary workers without any reason, as they are considered to be in violation of the anti-discrimination law.” Intae Bang, attorney at Daeryun Law Firm, said, “Interns who are employed can be considered an intermediate step in converting to full-time workers at private or public companies.” “Employment rules or regulations that do not provide any allowances to interns become illegal company regulations and become ineffective,” he predicted. “Ultimately, due to the violation of Article 8, Paragraph 1 of the Fixed-Term Act regarding non-payment of performance bonuses, this will become a claim for compensation for damages resulting from illegal acts, creating a risk that the corporation or the company will have to compensate.” He then suggested, “If there is a move to file a lawsuit like the Mint and Mint Corporation, it is most realistic to consult with the labor union in advance to prevent litigation costs.” Some predict that these rulings may lead to a series of proactive measures by companies. In fact, some construction companies are moving towards clarifying the basis for payment by creating a new clause in the intern employment contract regarding whether performance bonuses will be paid. On the other hand, there is also the possibility of a reduction in the hiring internship system. From a company's perspective, this system is implemented because it needs a period of time to screen excellent employees before converting them to full-time employees, but as it has been decided that the recruitment-type internship period is viewed along the same lines as regular employees, the period can be shortened as much as possible. [View full article] - Companies in emergency due to successive rulings saying, “Performance bonuses must also be paid to hired interns” (Shortcut)
Sports Seoul
2024-12-02
근로자일 뿐인데…‘무자격 업자’로 고발당했다?
I'm just a worker... Accused of being an ‘unqualified businessman’?
Mr. A was accused by the relevant agency of being an unqualified businessman... “Written at the request of the company,” the prosecution claimed. “It is unclear whether the written service contract was actually concluded.” A worker accused of carrying out subcontracting work without registering construction qualifications was cleared by the prosecution. On the 7th of last month, the Namyangju Branch of the Uijeongbu District Prosecutors' Office decided not to prosecute worker A, who was sent on charges of violating the Framework Act on the Construction Industry. Mr. A, who worked as a human resources team leader at a construction company, was not registered by related organizations such as the Seoul Regional Construction Management Office. He was accused of construction. This is because the fact that subcontracting work was carried out without registering as a construction business was confirmed through service contracts, etc. They emphasized that the quotation submitted by Mr. A to the company was also confirmed. However, Mr. A denied the charges. He said he was just an employee belonging to the company and not a subcontractor. At the same time, Mr. A claimed that the contract was written at the request of an official from the company where he worked. In addition, Mr. A explained that at the time of writing the document, an official from the company mentioned the issue of severance pay for those who left the company midway and asked for his signature to resolve the issue. At the same time, he emphasized that the contract was drawn up after persuading the relevant person that there would be no disadvantage, and that there was no fact that the quotation was written at all. The prosecution determined that Mr. A was a worker who simply provided labor. The prosecution said, “If you look at the written service contract, there is no specific construction details written down,” and “It is unclear whether the contract was actually concluded because Mr. A’s company is listed in both the supplier and contractor categories.” He added, “Even the large amount stated in the quotation has never been deposited into Mr. A’s account.” Considering these details, Mr. A cannot be concluded as a separate subcontractor.” Daeryun Law Firm (Limited), which represented Mr. A. Attorney Jeong Jae-bong said, “When the issue of severance pay arose, the company forced Mr. A to sign a contract and claimed it was a service relationship.” He added, “In addition, the company once filed a lawsuit seeking compensation on the grounds that they had paid severance pay on Mr. A’s behalf, and they lost this case as well.” He added, “It appears that the prosecution also accepted the result of this lawsuit and acquitted the case.” [View full article] - I'm just a worker... Accused of being an ‘unqualified businessman’? (Shortcut)
law journal
2024-11-29
[칼럼] 예측불가 인생, 우리는 최선을 다할 뿐
[Column] Life is unpredictable, we just do our best
I sit in the company conference room and look out the window. As a lawyer of 6 years, I am handling a variety of cases. Especially when I solve the problems of people in financial difficulties, I realize once again that the path I have taken has not been in vain. A few days ago, a fellow lawyer's Instagram story touched my heart. “I become an interview committee member and visit a company I would never have thought of joining before.” The irony of time contained in a single line of writing made me reflect on the depth of life. A few days later, a classmate from law school contacted me. He said that there was an opening at his company and that he would highly recommend me. That company was a company that every young person dreamed of at least once, and a few years ago, I wonder if I could have imagined such a moment. Maybe you didn't believe it. Like this, the stories about me and those around me clearly show how unpredictable life is. I graduated from Seoul Law School, prepared for the bar exam, and enlisted on active duty as a private at the age of 29. After being discharged from the military, while looking for a job at a media company, I happened to learn about the law school scholarship system through a friend. At the age of 35, I entered law school, and studied happily while receiving full tuition exemption and a living scholarship worth 1 million won per month. Also, I have competed in the Spring Literary Contest every year since entering college, but have been unsuccessful for 7 years, and finally won after my 8th attempt. The winning work was submitted as a slightly modified version of the previously rejected work, as I was preparing for the second round of the bar exam and had no time to write a new work. Paradoxically, unexpected joy came during the busiest and most difficult times. Law school was a particularly valuable time. Although I was the oldest among 41 classmates, that experience became my strength. Thanks to my background as a law major, I was able to study leisurely and engage in a variety of activities. I participated in the journal editorial committee, Christian clubs, and various study groups, and also participated in various mock trial competitions. It was a fruitful three years, completing 120 credits, much more than the 96 credits required for graduation. I can't forget the story of the two friends I studied with back then. Of the two friends who studied together with the dream of becoming a prosecutor, one passed, and the other did not pass. Years later, my friend, who became a prosecutor, knocked on the door of a law firm after retirement, but was rejected. The law firm already had a friend who had failed the prosecutor's exam. Our life is full of unpredictable moments like this. Life is like a music channel on YouTube. There are many moments when the song you want doesn't come out right away, but in the process, you sometimes discover an unexpected masterpiece. In the moments when things don't go as planned, we find a path that leads to greater happiness. It later turns out that the path we did not want at first was actually the path that suited us best. Just like the Netflix series, where the main character becomes a supporting character and the supporting character becomes the lead, unexpected developments are hidden in our lives as well. Even if you feel like a supporting role now, it can be a process that takes you to the leading role. We move according to our own timetable, and sometimes what seems like a slow pace may actually be the most appropriate timing. At this moment, numerous prospective lawyers are preparing for the bar exam at 25 law schools across the country. How many people are still holding on to the dream they had when they entered school? But let's remember: The true winner is not the one who runs ahead from the beginning, but the one who runs to the end at his own pace. The sweat you shed is never in vain. It will definitely come back, sometimes as a precious relationship, sometimes as a solid skill, and sometimes as an unexpected opportunity. Every moment now is a stepping stone that will lead you to a better future. So, be strong today too. Thinking of the moment of joy that awaits you beyond the horizon. At this moment, each line you are writing will soon become a scene from a touching drama. I sincerely hope that everyone who reads this will pass the exam and have a bright future ahead of them. [View full article] - [Column] Life is unpredictable, we just do our best (Shortcut)
6 places including Segye Ilbo
2024-11-29
법무법인 대륜, 검사 출신 박규석 변호사 영입
Daeryun Law Firm recruits former prosecutor Park Gyu-seok
Daeryun Law Firm (Limited) announced on the 29th that it will recruit Chief Attorney Park Gyu-seok, a former prosecutor, and strengthen its expertise in litigation-related work. Attorney Park graduated from Seoul National University Law School and began his career as a prosecutor at the Busan District Prosecutors' Office. Afterwards, he served as a prosecutor at the Cheongju District Prosecutors' Office and the Chungju Branch of the Seoul Southern District Prosecutors' Office. Attorney Park served as a prosecutor and developed expertise by taking on major criminal cases, including property crimes and sex crimes. After taking off his legal uniform in 2001, Attorney Park began his professional career as a lawyer starting with Yulchon Law Firm. He achieved outstanding results in various cases, including obtaining a not guilty verdict in an appeals court related to charges of violating the Telecommunications Business Act and winning a dispute lawsuit involving billions of won in bonds. In addition, he served as a mediator at the Seoul Central District Court and a national tax examiner at the Suwon Tax Office, and also served as an advisory lawyer for several companies. Attorney Park will reside at the Seongnam branch office and will oversee criminal cases and carry out actual cases. Attorney Park said, "I am happy to join Daeryun, a law firm that is showing outstanding performance in the legal field. I will provide practical and effective strategies to my clients based on the insight and case analysis skills I have accumulated while working as a prosecutor." CEO Kim Kook-il said, “Attorney Park has a very deep understanding of the law through his experience as a prosecutor, and is an expert who has particularly distinguished himself in the criminal and civil fields.” He added, “The recruitment of Attorney Park will further strengthen Daeryun’s litigation expertise.” Meanwhile, Daeryun operates specialized groups for each task, including the Criminal Investigation Group, Inheritance and Family Affairs Group, and Corporate Legal Group, adding expertise to solving cases. [View full article] Segye Ilbo - Daeryun Law Firm recruits lawyer Park Gyu-seok, a former prosecutor (go to the link) Law News - Daeryun Law Firm recruits lawyer Gyu-seok Park, a former prosecutor (go to the link) Legal Times - [Law Firm iN] Daeryun, recruits lawyer Gyu-seok Park, a former prosecutor (go to the link) Aju Economy - [Law Firm Lounge] Daeryun, recruits lawyer Gyu-seok Park, a former prosecutor... "Providing effective strategies to clients" (Shortcut) Money Today - Daeryun Law Firm (Lihan) recruits former prosecutor Gyu-seok Park (Shortcut) The Current Affairs Law - Daeryun Law Firm (Lihan) recruits former prosecutor Gyu-seok Park (Shortcut)
KBC Gwangju Broadcasting
2024-11-28
폭언 동료에 항의했다가 명예훼손 고소당한 직장인 '무혐의'
Office worker sued for defamation after protesting against abusive co-worker, 'not guilty'
A man in his 30s who was sued for defamation after protesting against a co-worker who verbally abused him was acquitted. According to the legal community on the 28th, the Mokpo Branch of the Gwangju District Prosecutors' Office decided not to indict employee A, who was accused of defamation, on the 11th. Person A was sent to the prosecution on charges of defaming fellow employee B by gossiping about him in a public place in August 2020. At the time. It was investigated that Mr. A went to Mr. B's office and said, "Call me late at night and explain why it was your fault for not being promoted." In response, Mr. B said, "I never said anything about the promotion," and claimed that Mr. A had spread false information and damaged his reputation. However, Mr. A denied the charge, saying, "Mr. B called me first and poured out abusive language, and I only complained about it." He emphasized that he requested help but did not receive it, so he went directly to the office. The Mokpo Police Station, which received the case, decided not to forward the case last July. “It is difficult to say that what Mr. A said in a public place infringes on Mr. B’s social values,” he said, adding, “This is a simple protest against the verbal abuse made by Mr. B.” However, as Mr. B disobeyed the police’s decision, the case was transferred to the prosecution in October. The prosecution reexamined the case. “We carefully reviewed the objection and investigation records, but there is no evidence to change the police’s decision not to forward the case,” he said. Attorney Ahn Jun-pyo of the Daeryun Law Firm, who represented Mr. A, explained, “In order to establish a charge of defamation, specific facts that lower social evaluations with the intention of damaging the reputation of others must be disclosed,” adding, “It is difficult to view the statements made by Mr. A in the process of protesting against Mr. B as statements that could objectively infringe on social values.” [View full article] - Office worker sued for defamation after protesting against abusive co-worker, 'acquitted' (link)
Segye Ilbo
2024-11-28
정우성 약속 했지만 양육비 안 준다면?…전문가 “이런 처벌 받는다”
Jung Woo-sung promised, but what if he doesn’t pay child support? Expert: “This is how you will be punished”
As actor Jung Woo-sung admits that the child revealed by model Moon Gabi is his own, interest in childcare responsibilities when giving birth without marriage is increasing. Although Jung Woo-sung promised to fulfill his child-rearing responsibilities, it was found that in Korean society, single parents often do not receive proper child support from the other parent. An expert who spoke with Segye Ilbo on the 28th emphasized the importance of keeping promises, saying, “If Jung Woo-sung does not pay child support, he will be punished.” Previously, model Moon Ga-bi (35) announced that she had given birth to actor Jung Woo-sung (51)'s child in March. Since then, interest in ‘unmarried childbirth’ has increased, but there are still voices calling for improvement in systems and awareness as there are still obstacles to living as a single mother in Korean society, such as economic problems and social prejudice. In an interview with MBC's 'Kim Jong-bae's Focus' on the 26th, Choi Hyun-sook, the representative of the single mothers' association 'Intree', who revealed that she gave birth without marriage in 2004, pointed out, "In the case of 'non-marital birth', the biological father is rarely responsible." He argued, “Even though the court ruled at the time of divorce, there are not many non-custodians who pay child support,” adding, “Single mothers give birth to children alone, and there is not even a ruling (specifying responsibility for child support in the event of divorce). Most men cut off contact as soon as they become pregnant, or there are many cases where they cannot contact them because they have already broken up.” According to the Act on Securing and Supporting Child Support (Child Support Implementation Act) and the Domestic Litigation Act, parents who do not directly raise minor children must faithfully pay child support determined by agreement or court ruling to parents who directly raise minor children. This bill is intended to create an environment for the growth of minor children, regardless of the parents' marital status, and child support must be paid from birth until the child reaches the age of 19. If a child support debtor who does not directly raise a child refuses to pay child support, he or she may file a lawsuit claiming child support for non-payment of child support. The family court can also issue an order to pay child support. However, despite these sanctions, the obligation to pay child support is not being met. According to the ‘Legislative Impact Analysis of the Child Support Implementation Act’ report released by the National Assembly Research Service in 2022, the child support compliance rate applied by single mothers in 2021 was found to be only 33.6%. In the case of divorced fathers and divorced mothers, they were 53.9% and 59.5%, respectively, with single mothers receiving the lowest child support rate. The overall child support compliance rate, which was 38.3% in 2021, increased significantly to 44.7% as of September this year. Nevertheless, more than half of single parents raising children are still unable to receive child support even after receiving confirmation of payment of child support. Representative Choi said, "The process to receive child support is complicated and takes a long time. Even if you go through all the procedures and find the father, there is a law (forcing child support), but in fact, if you don't pay it, it's okay," pointing out that the law has no practical effect. He added, “It is very important to force non-custodians to pay child support,” and emphasized that the most difficult part for single mothers in reality is their economic situation. Regarding non-payment of child support, lawyer Do Il-seok of Daeryun Law Firm told Segye Ilbo on this day, “Non-payment of child support is equivalent to a crime of impunity against the will,” and “If Jung Woo-sung does not pay child support, the child support deliberation committee may suspend his driver’s license, ban him from leaving the country, and reveal him on the list of defaulters.” He went on to explain, “If child support is not paid, the other woman can apply for a compliance order,” and “if the compliance order is violated, a fine may be imposed.” At the same time, he added, “In particular, if you do not comply with the implementation order, you can apply for a detention order, and if you violate the detention order, you can be imprisoned for up to one year and fined up to 10 million won,” but added, “However, since it is a crime of impunity against the will, such punishment can be avoided through agreement.” Meanwhile, starting from July next year, the 'child support payment system' is expected to be introduced, where the state pays child support to the child first in the event of default on child support obligations and recovers it from the debtor, further strengthening the child support implementation support system. The government is strengthening sanctions against child support debt by separating the Child Support Implementation Management Center, which was an internal organization of the Korea Healthy Family Promotion Agency, into a separate agency to strengthen the function of child support payment and recovery, and by simplifying the sanctions procedure for non-payers of child support from the existing three stages of 'performance order → detention order → sanctions' to allowing sanctions to be initiated immediately after the performance order. [View full article] - What if Jung Woo-sung promised, but doesn't pay child support?... Expert: “This is how you will be punished” (Shortcut)
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