Case Analysis / Legal Updates

This is a Supreme Court decision holding that, where the jurors who took part in a citizen participation trial returned a unanimous verdict of acquittal at the first instance, the appellate court must exercise even greater caution when conducting an additional examination of evidence.

In connection with inheritance upon death, we will analyze an Administrative Court judgment holding that, in order to assess inheritance tax on property whose market value is difficult to ascertain, commissioning an appraisal from an external institution is lawful.

In connection with a damages lawsuit, we will analyze the Supreme Court's judgment holding that, absent clear evidence that a company's false disclosure had no effect on the decline in its stock price, the disclosure should be regarded as having had such an effect.

In connection with the payment of consolation money for an affair, a district court issued a judgment that recognized an affair and granted the claim for damages against the affair partner based solely on the fact that the parties went to a motel together, even though no sexual intercourse had taken place.

In connection with aiding and abetting fraud, we will analyze a High Court judgment holding that, where a person cooperated with another's unlawful conduct and obediently followed the instructions without raising any objection, this constituted gross negligence.

In connection with a real estate civil lawsuit, we will analyze a Supreme Court judgment that offered a different interpretation of the ‘set-off agreement’ recorded in a document.

A District Court has held that, even where a renunciation of inheritance had been accepted upon the decedent's death, an heir who used estate property at will is deemed to have made an unconditional acceptance and must repay the investment funds the decedent had received during his lifetime.

An administrative court issued a judgment holding that, with respect to a herbal pharmacist who had received a criminal punishment on charges of violating the Pharmaceutical Affairs Act, revocation of the license remained lawful even after the suspended sentence (a suspended sentence under Korean law, broadly comparable to a suspended sentence or probation in common-law systems, under which the conviction loses its effect once the suspension period passes without incident) period had elapsed.

In connection with a constitutional complaint concerning the revocation of a suspension of indictment (a prosecutor's discretionary decision not to indict despite sufficient evidence, comparable to a deferred or declined prosecution), we will analyze the Constitutional Court's decision holding that treating a PC cafe employee as a ‘game business operator’ and issuing a suspension of indictment infringed the rights to happiness and to equality.

In this child support litigation, we will analyze a High Court judgment holding that, where a parent inflicted bodily injury on the child, child support must be paid even if dissolution of adoption is sought after divorce.

Analysis of a Supreme Court decision holding that, with respect to the Criminal Procedure Act, an abandoned article cannot be regarded as being limited in the object or scope of seizure, nor as requiring the participation of a person entitled to participate

This is an analysis of a Supreme Court judgment holding that, when a charge of a forcible indecent act is tried, the intent to commit an indecent act must be examined in depth.