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Money Today
2024-10-29
'피해자에서 가해자로' 날로 치밀해지는 보이스피싱 수법…대응 방법은?
‘From victim to perpetrator’ Voice phishing techniques become more sophisticated day by day… How to respond?
According to statistics recently released by the National Police Agency, the total number of voice phishing damages that occurred from January to May of this year was 8,434, and the damage amounted to a whopping 256.3 billion won. Voice phishing is now considered a serious social problem as the number of victims has increased significantly every year since the first report was received in 2006. The government also defines voice phishing as a crime against the people's livelihood and has come up with various measures and is carrying out large-scale prevention and promotion activities, but the damage does not appear to be decreasing at all. This is because criminal methods are becoming more sophisticated day by day, to the point where various countermeasures are useless. The strategies of voice phishing gang members have become more sophisticated. The slurred speech that was ridiculed in the media a few years ago has long since disappeared. In addition to false phone numbers, fake websites, and manipulated official documents, even malicious programs appeared. By hacking the victim's cell phone, he was able to control the entire situation at will. It has also become essential to share various roles, such as prosecutors, Financial Supervisory Service employees, and credit card company counselors. The problem is that as their methods become more sophisticated, the number of cases where voice phishing victims are seen as perpetrators is increasing. The author has also witnessed many such cases in the field. In fact, in the case of a woman, Ms. A, early this year, she was singled out as a voice phishing agent and was investigated by the police. After looking into the details, it turned out that she was also a victim. One day, Ms. A received a call from people impersonating prosecutors saying that she was involved in a financial crime. They pushed Mr. A from the beginning, mentioning the ‘possibility of arrest’. At that time, Mr. A called the Financial Supervisory Service and the Prosecutor's Office to directly confirm the fact, but in this case, the people who hacked Mr. A's cell phone pretended to be employees and gave false answers. They also had Mr. A capture and report all contact information and write down the disadvantages he would face if he ignored instructions every day. Mr. A, who was gaslighted, eventually transferred tens of millions of won to these organizations. The crimes of the voice phishing organization did not end here. Mr. A was also used as a cash collection device. Because of this, although Mr. A was a victim, he also had to undergo police investigation as a suspect. Mr. A, who was booked on fraud charges, was fortunately acquitted, but was unable to properly recover the damages he had incurred for the tens of millions of won he had lost. There are also many cases where people are lured in with the lure of employment. The method is to recruit people by posting job postings as if it were a normal company and then hand over the responsibility of collection. In the beginning, the general trend is to assign promised tasks and then, as trust builds, to give various reasons and have them deliver cash. The main targets are people in their 30s and 40s who are in desperate need of employment for economic reasons. However, unlike the case of Mr. A, who also suffered great economic damage, the possibility of punishment in this case can be said to be quite high. You must prove that you were completely unaware that you were involved in a crime, and this process is not easy. Therefore, if you are involved in a voice phishing crime in any case, you must take quick action. In the case of collection measures, since proving 'intention' has a great influence on the judgment of guilt or innocence, you must logically organize and argue the circumstances favorable to you in an investigative agency or court. Victims also need to quickly go through the reporting process with the help of a professional lawyer and then collect evidence that can help apprehend the perpetrator. [View full article] - Voice phishing techniques become more sophisticated day by day from ‘victim to perpetrator’… How to respond? (Shortcut)
Asian Economy
2024-10-29
[로펌은 지금]법무법인(유한) 대륜, ㈜범우와 MOU 체결
[Law Firm Now] Daeryun Law Firm (Limited) signs MOU with Beomwoo Co., Ltd.
Daeryun Law Firm (Limited) announced on the 28th that it had signed an MOU with Beomwoo Co., Ltd., a construction materials manufacturing company. At the MOU signing ceremony for business cooperation held in the seminar room of Daeryun Headquarters at Park One in Yeouido on the 24th, Daeryun CEO Kook-il Kim, Kyung-min Lee, Jeong-gyu Park, Hyeong-jin Kim, and Won-il Won, lawyers at Park One Daeryun Co., Ltd. Beomwoo CEO Kim Jeong-bong and auditor Kim Bong-ho were in attendance. Beomwoo has been mainly manufacturing construction steel materials such as C-beams and square pipes for over 30 years since its establishment in 1995. It is the only producer of ‘deck plate’, a material used in many domestic construction projects, in the Jeolla region. Daeryun plans to provide professional and systematic support for legal issues that may arise at Beomwoo’s Gwangju headquarters and Daejeon office, as well as its subsidiary Beomwoo Cargo. Specifically, ▲ legal advice on contract conclusion and compliance compliance ▲ seeking solutions through rapid response when legal disputes arise ▲ overall corporate legal affairs, including preliminary analysis and prevention of legal risks. We plan to assist. In particular, as Beomwoo has begun to pioneer overseas markets in earnest after acquiring the deck plate patent in 2010, we plan to provide related legal advice and strive to resolve disputes. CEO Kim Jeong-bong of Beomwoo said, “We expect that cooperation with Daeryun, which has extensive corporate legal experience, will be a strong supporter in expanding our business,” adding, “By signing an MOU with Daeryun, we will be able to secure competitiveness in a wider market beyond Korea and overseas.” Daeryun CEO Kim Kuk-il said, “Through this MOU, we will actively resolve legal problems that Beomwoo may face not only in Korea but also in overseas markets. Daeryun is providing various customized legal services needed by companies by subdividing its corporate legal group. We will quickly and professionally respond to legal demands according to trends in the steel industry and create a successful future with Beomwoo.” [View full article] - [Law firm now] Daeryun Law Firm (Limited) signs MOU with Beomwoo Co., Ltd. (Go here)
Sunday current affairs
2024-10-29
<직격 인터뷰> 1000억 피해 아트테크 사건 맡은 김명석 변호사
<Direct Interview> Attorney Kim Myeong-seok in charge of the 100 billion won damage case at Arttech
“rate of return 9%? Private loans only” recent MZThere are investment products that people are passionate about.. Investing in art ‘art tech’all. People who are ignorant about art ‘Principal guaranteed’class ‘high interest rates’As the focus is on, Ponzi schemes against them are becoming rampant.. <Sunday current affairs>is a law firm that provides relief to victims of such art tech fraud.(finite) I met Daeryun’s chief attorney, Myeongseok Kim.. As interest in art increased and the size of the art market grew and diversified, investment in art came into the spotlight as a new means of investment, combining art and finance. ‘art tech(Art-Tech)’Even a new word was born:. In addition, as expensive works of art could be purchased with a piece investment, the entry barrier to art tech was lowered, which also led to an influx of investment.. Taking advantage of this trend, many companies have emerged to attract investors by guaranteeing the resale of art works.. However, contrary to the original promotional content, more and more victims are unable to recover their investment.. The most well-known companies are ‘galleryK’all. Currently, victims are communicating through open chat rooms., 400Several people are complaining of damage.. If non-return of investment principal continues, the damage amount will be 1000It amounts to hundreds of millions of won.. In this situation, a law firm(finite) Daeryun(Hereinafter, Daeryun)silver galleryK Team to provide relief to Arttech fraud victims(The relief team below)formed a group and filed a class action lawsuit on their behalf.. <Sunday current affairs>the galleryK We met with Chief Attorney Kim Myeong-seok of the Art Tech Fraud Defense Team and are currently conducting an investigation., I asked about the amount of damage, etc.. Next is a Q&A with Attorney Kim.. -Please explain about the relief team.. ▲General attorney, former chief prosecutor 1number of people, Attorney with extensive experience in defending similar cases 2number of people, Legal Affairs Director 1My name is in charge of the case and provides consultation., writing, We are carrying out tasks such as communicating with investigative agencies.. These people all have a lot of experience with fraud cases.. -How did you come to rescue the victims?? ▲Initially, I consulted with one or two victims.. Bank interest must be high 4% It's about that much, month 79%is the rate of return at the level of interest rate bonds.. To an art dealer 5%In order to give it, there must also be company maintenance costs., At least art rental fee 20% It seems that it can be maintained if it gets close.. ‘galleryK’ Ponzi fraud group prosecution fraud expert 4They set up a famous rescue team, but unless it's the Mona Lisa, the price of art works is high. 20%When I heard that it was being leased for a monthly lease fee, I thought it was a contract that was realistically unmaintainable.. This type of fraud is difficult to prove if one victim files a complaint., Fraud can only be proven if it is acknowledged that multiple victims were harmed in the same way., We came to the conclusion that there was a need to file a group complaint, so we formed a team and filed a group complaint.. -How many victims have requested complaints regarding the incident?, How much is the damage?? ▲The rescue team 9at the beginning of the month 1I filed a lawsuit against the car, 9at the end of the month 2A car complaint was filed.. The complainant is 25and 2Requests for counseling continue to come in after the car lawsuit was filed.. The total amount of damage to date is 14It's billions of won. but 400There are more than 100 victims and the amount of damage is 1000It amounts to hundreds of millions of won, but since other law firms are also in charge of lawsuits, it is impossible to predict how much the number of counselors will increase.. -I know that there are many different ArcTech fraud methods.. galleryKPlease explain what the method was.. ▲The victims of this case were small investors who had no interest in art but were attracted by the promise of guaranteed principal and large monthly dividends.. galleryKtakes advantage of the psychology of these investors, and when they invest money, they purchase art with the invested money., Make money by renting purchased art elsewhere and receiving rental fees.. An agreement that is realistically unmaintainable“25Myung's representative sued…Consultations continue to increase” We take care of this entire process for you, Monthly investment amount 79%paid as profits, He gathered investors by saying that he would resell the artwork at the end of the contract period and recover the principal.. A person who plays the role of recruiting investors in the middle(art dealer)Each time a person is recruited, the amount invested by that person is 5%They have been recruiting art dealers and investors through a multi-level approach, promising to pay commissions.. In the end, art dealers were mobilized to recruit investors and the investment funds were used to cover the profits from previous investors. ‘Turn and block’ It has no choice but to operate this way., this ‘Turn and block’It is presumed that he reached his limit and eventually threw up his hands.. -Recently, the police department is also working hard to investigate the Art Tech fraud case.. The team's opinion on the current investigation situation is? ▲Initially, our relief team submitted a complaint to the Metropolitan Investigation Unit of the Seoul Metropolitan Police Agency.. However, it was transferred to Dongdaemun Police Station, where the company is located., As complaints continue to be filed and the scale grows, the investigation has been transferred to the metropolitan investigation team again.. The investigation did not get bigger because our relief team filed a group complaint.. In addition to the people we complained about, many other complainants are filing complaints. From the police perspective, it appears that the case is automatically growing because the number of complainants continues to increase rather than intentionally expanding the investigation.. -As someone who has been in charge of many Ponzi scam cases, including the ArtTech scam, is there anything you would like to advise readers?? ▲The world operates on the common sense oath and nothing is free.. No matter what anyone says, it is important to keep in mind that saying that high profits are guaranteed will inevitably lead to setbacks.. You must make decisions about investments or anything within a story that makes sense based on common sense.. Also, if you are uncertain about whether an investment is unreasonable, be sure to consult with an expert such as a lawyer before making a decision.. [View full article] - <direct interview> 1000Myeongseok Kim, lawyer in charge of the Art Tech case with hundreds of millions of damages (Go to)
3 places including Segye Ilbo
2024-10-29
법무법인 대륜, 日 로펌 베리베스트와 기업법무 활성화 방안 간담회
Daeryun Law Firm holds a meeting with Japanese law firm Verivest on ways to revitalize corporate legal affairs
Daeryun Law Firm (Limited) announced on the 29th that it held a representative meeting with Verivest, a large Japanese law firm, to strengthen business partnership and revitalize corporate legal affairs in both countries. At the meeting held at Daeryun's Seoul headquarters on the 24th, Daeryun Go Byeong-jun, CEO Park Dong-il, lawyer Kim Gwang-deok, and Very Best CEO Susumu Sakai and Kentaro Asano attended. Verivest is a large Japanese law firm that is currently helping Goyang City attract investment in Ilsan Techno Valley and providing legal advice necessary for entering the Japanese market for content companies. At this meeting, Daeryun promised to actively assist in smooth business progress between Goyang City and Verivest. In addition, the two corporations agreed to cooperate and develop and improve the legal support necessary for companies from both countries to actively advance into each country and conduct business. In particular, to advance legal services, the two companies agreed to share, research and strengthen the excellent systems they have. Kentaro Asano, CEO of Very Best, said, "In order for companies from both countries to be competitive in the global market, it is most important to understand each other's legal systems. We will help Japanese companies advance into Korea with Daeryun, who has diverse corporate legal experience such as corporate advisory, asset management, and fair trade." Park Dong-il, CEO of Daeryun, said, "After signing the MOU with Veribest, there were many concerns about specific ways to revitalize corporate legal affairs. We will provide the best legal services by combining Daeryun's strengths with Veribest's strengths. We will spare no effort in providing legal assistance so that companies from both countries can not only enter Korea and Japan smoothly, but also increase their competitiveness in the global market." [View full article] Segye Ilbo - Daeryun Law Firm holds a meeting with Japanese law firm Berrybest on ways to revitalize corporate legal affairs (link)Aju Economy - [Law Firm Lounge] Daeryun holds a meeting with Japanese law firm Berrybest... Discussion on revitalizing corporate legal affairs (Go here) Korea Economic Daily - Law firm industry obsessed with ‘inheritance and gifting’… Bareun·Gwangjang Seminar held [Law & Biz Briefing] (Go here)
daily
2024-10-28
법무법인 대륜, 킹스꼬마김밥과 MOU 체결
Daeryun Law Firm signs MOU with King's Little Kimbab
Legal assistance such as fair trade… Minimizing legal risks based on abundant experience Daeryun Law Firm "We will provide legal services tailored to the rapidly changing industrial environment" Daeryun Law Firm (Limited) announced on the 28th that it signed an MOU with 'King's Little Kimbab', a kimbap specialty franchise. At the signing ceremony held at the Daegu headquarters office of Daeryun on the 23rd, CEO Kook-il Kim of Daeryun and CEO Eun-deok Lee of King's Little Kimbab attended. King's Little Kimbab was established in 2019. This brand specializes in little kimbap and currently has 65 stores nationwide. It grew rapidly by adopting a differentiated strategy from existing kimbap franchise brands, and won first place in the franchise (snack food) category at the 'Korea Customer Satisfaction Index No. 1' awards ceremony hosted by the Korea Premium Brand Promotion Agency in 2021. Through this MOU, Daeryun will ▲ review the drafting of contracts related to supply, distribution, and sales ▲ manage intellectual property rights, including trademark registration ▲ resolve legal disputes such as violation of contracts. The policy is to assist. In particular, as the franchise headquarters may be subject to an investigation by the Fair Trade Commission depending on the situation, we plan to minimize risks by reviewing related legal issues in advance. King's Little Kimbab CEO Lee Eun-deok said, "The restaurant industry has grown to this point through repeated growth despite difficult circumstances," and added, "We will secure legal stability through Daeryun's professional advice and further develop in the future." “Based on Daeryun’s know-how, we will cooperate with King’s Little Kimbab to provide a strong support,” he said. “We will help provide effective legal services in line with the rapidly changing restaurant industry environment.” Meanwhile, Daeryun is operating a fair trade group comprised of experts such as accountants, tax accountants, and lawyers as well as specialized lawyers in each industry. We provide comprehensive solutions, including legal advice and business problem reviews, to corporate officials across the country. [View full article] - Daeryun Law Firm signs MOU with Kings Little Kimbab (Click here)
3 places including Jose Ilbo
2024-10-28
법무법인 대륜, 교보스틸과 법률자문 MOU 체결
Daeryun Law Firm signs legal advisory MOU with Kyobo Steel
Daeryun Law Firm, which plans to cooperate in various fields including sharing ESG management strategies, announced on the 28th that it signed an MOU for legal advice with Kyobo Steel on the 24th. The business agreement ceremony held in the conference room of Daeryun headquarters was attended by officials including Daeryun CEO Kim Kuk-il, Lee Gyeong-min, Won-il Won, Park Jeong-gyu, lawyer Kim Hyeong-jin, Kyobo Steel CEO Kim Mi-seong, and auditor Kim Bong-ho. Kyobo Steel Co., Ltd. was established in 2013. It is an established steel manufacturing company. Currently, it is operating a structural pipe with an annual capacity of 14,000 tons and a 60,000 tons slitting process line at the Gwangyang National Industrial Complex in Jeollanam-do, and plans to expand the plant in the second half of this year. Daeryun is a large law firm with 240 lawyers as of October 2024 and is expanding its scope by strengthening its corporate legal group. Through this agreement, the two organizations will △ conduct legal reviews related to the steel business. We plan to cooperate with each other in △sharing ESG management strategies △advising on various contracts △promoting education and seminars for exchange. Kyobo Steel CEO Kim Mi-seong said, "The steel industry is facing a period of upheaval in line with the ESG management trend. Other steel companies are also joining in to achieve carbon neutrality." He added, "A variety of legal issues are arising related to ESG management, and we want to respond more systematically with the help of experts. There are many people in the corporate legal field. “I thought that Daeryun, which we are investing in, is the best law firm to form a partnership with,” he said. “We hope to have many exchanges for mutual development in the future. Requests for legal advice related to eco-friendly business have recently increased, so we will provide optimal advice to Kyobo Steel, which is planning to expand its plant,” he said. “In addition to lawyers in the corporate legal group, we will hire accountants and tax accountants. “Expert personnel, including labor attorneys, will utilize all resources to help both companies develop,” he said. [View full article] Jose Ilbo - Daeryun Law Firm, signs MOU for legal advice with Kyobo Steel (Shortcut) Aju Economy - [Law Firm Lounge] Daeryun, signs MOU for legal advice with Kyobo Steel (Shortcut) Steel & Metal Newspaper - Kyobo Steel, signs MOU for legal advice with Daeryun Law Firm (Shortcut)
lowrider
2024-10-28
법무법인 대륜, 영스틸과 법률자문 MOU 체결
Daeryun Law Firm signs legal advisory MOU with Young Steel
Support for all corporate activities, from sharing steel industry issues to preventing industrial accidentsDaeryun Law Firm (Lihan) announced on the 28th that it signed an MOU for legal advice with Young Steel Co., Ltd. The MOU signing ceremony held at Daeryun Law Firm's Yeouido headquarters on the 24th was attended by key officials from both companies, including Daeryun Law Firm's CEO Kim Kuk-il, Lee Law Firm's lawyers Gyeong-min Lee, Won Hyeong-il, Park Jeong-gyu, and Kim Hyeong-jin, Young Steel's CEO Kim Mi-young, and auditor Kim Bong-ho. Young Steel Co., Ltd. is a steel product manufacturer and seller established in 2009, and produces square pipe products used in the production of various steel structures and sells to over 200 stores nationwide. Sales to companies recorded 31.51 billion won in 2023. Through this agreement, the two corporations plan to cooperate with each other in ▲reviewing contracts related to product sales, ▲preventing and preparing countermeasures for industrial accidents that may occur in the field, ▲reviewing personnel and labor systems, and ▲sharing steel industry issues. Daeryun Law Firm will hire experts in various fields such as accountants, labor accountants, and tax accountants as well as lawyers. We plan to provide high-quality corporate legal advisory services. Kim Mi-young, CEO of Young Steel, said, "The size of the company is gradually increasing, including expanding operations in the Chungcheong and Honam regions. We are aiming to achieve sales of 100 billion won by 2030." He added, "As we have expanded factory facilities and greatly expanded our sales and distribution network, this is the time when professional legal advice is most needed in relation to corporate legal affairs. Through this agreement, we will receive detailed advice on areas that have been difficult so far and operate our business. “We expect to receive great help in making improvements,” he said. Kim Kuk-il, CEO of Daeryun Law Firm, said, “Through our partnership with Young Steel, we will share major issues and legal risks in the steel industry in real time, and based on this, we will secure Young Steel’s business competitiveness.” He added, “We will review and resolve various issues with experts in various fields, including lawyers specializing in corporate advisory.” [View full article] - Daeryun Law Firm signs legal advisory MOU with Young Steel (Click here)
Sports Seoul
2024-10-27
숙박 플랫폼 ‘취소 수수료’ 논란 여전…법적 공방으로 번져
Controversy over accommodation platform ‘cancellation fee’ continues… It spread into a legal battle
Among applications for damage relief related to the use of accommodations, 75.8% are ‘penalties’ Complaint Law Firm Daeryun “Platform tyranny, consumer protection is needed” Recently, the number of cases of travelers being denied refunds while booking and canceling accommodations through online accommodation platforms has been increasing. However, it is pointed out that the damage to consumers is increasing as the lodging establishment passes responsibility to the platform, and the platform only sticks to the unilateral ‘no refund’ policy. According to data released by the Korea Consumer Agency, there were a total of 4,118 applications for consumer damage relief related to the use of lodging facilities received over the three years from 2021. Looking at the detailed reasons for application, complaints about the penalty arising from contract cancellation were the highest at 78.5% (3,234 cases). There were also not many cases of agreement to recover damages such as refund, compensation, or contract cancellation. The average agreement rate of the seven major lodging platforms was 64.8%, but Booking.com had the lowest at 39.6%. Yanolja and Timon also recorded low agreement rates of 58% and 43.8%, respectively. Half of the consumers who used the platform did not receive proper damage relief. In fact, many dissatisfied posts regarding cancellation fees are appearing in online communities. Mr. A, who said he had lost hundreds of thousands of won in lodging expenses, said in a post, “My travel itinerary changed, so I re-entered the platform a few hours after payment, but the cancellation column was blocked.” He added, “Even when I contacted the customer service center, the only response was that they could not help, and I was embarrassed to find out about the cancellation policy within 10 minutes later.” The legal battle over cancellation fees also began in earnest. On the 2nd, the Seoul Central District Court held the first hearing of a lawsuit filed by consumers against the lodging platform Yanolja for the return of unfair profits. Previously, Yanolja became a problem because it did not refund lodging fees due to internal regulations even though consumers who reserved special price products requested cancellation within 10 minutes. Accordingly, consumers filed a class action lawsuit against Yanolja. On this day, the two sides had sharply conflicting opinions regarding the violation of the Electronic Commerce Act and the Terms and Conditions Act. According to Article 17 of the Electronic Commerce Act, the regulations related to withdrawal of subscription, consumers who purchased goods from a mail order seller can withdraw their subscription within a certain period of time. In addition, in accordance with Article 6 of the Terms and Conditions Act, provisions that are unfairly disadvantageous to customers are presumed to have lost fairness and are invalidated. The plaintiff, the consumer, argued that “Yanolja is a mail-order intermediary, which is a mail-order seller,” and that “Article 17 of the Electronic Commerce Act applies.” However, Yanolja countered, saying, “It cannot be subject to the law because it is only an intermediary, not a mail-order seller.” Since it is not subject to the regulation law, there is no responsibility for refunds. Both sides also confronted each other regarding the ‘refund policy within 10 minutes’. Yanolja emphasized, “This is a part that was notified to the consumer in advance and agreed to,” and “In principle, waiving the cancellation fee for non-refundable products only if canceled within 10 minutes is a provision that considers the convenience of the consumer.” The consumer side said, “It is difficult to see it as a benefit because it is nothing more than misleading consumers and selling products that were not reserved until one day before the accommodation date, so it is difficult to see it as a benefit.” He emphasized, “It does not fall under the exception rule that restricts consumers’ exercise of their right to withdraw their contract.” It was confirmed that the court proposed an agreement at the date of the meeting and proposed a refund of more than half of the accommodation fee to Yanolja. However, both sides did not accept this, so the trial was moved to the next date. Attorney Kim Jin-woo of Daeryun Law Firm (Limited), the consumer's legal representative, said, “There are frequent situations where consumers do not receive a refund of accommodation fees ranging from 100,000 won to 1 million won due to a momentary wrong decision.” He added, “As the purpose of the Electronic Commerce Act is to protect consumers, the court must make a wise decision to prevent further unfair consumers.” “Please,” he said. [Read full article] - Controversy over lodging platform ‘cancellation fee’ continues… It spreads into a legal battle (link)
Newsis
2024-10-25
'기적의 치료기'에 다리 마비…노인 상대 불법 기기 체험방 '기승'
‘Miracle cure’ paralyzes legs… ‘Giseung’, an illegal device experience room for the elderly
Equipment used by unqualified people, not professionals Need to be careful about exaggerated advertisements in free trial rooms Last August, Soon-rye Kim (78, pseudonym) visited a trial room in Jungnang-gu, Seoul after hearing from a medical device company that “painful legs can be cured with electrical treatment.” Mr. Kim, who had a chronic illness, used a personal combination stimulator that was said to relieve muscle pain, but soon developed paralysis in his right leg and was taken to the hospital. Mr. Kim explained the situation at the time, saying, “The employee who was helping me use the device raised the temperature too high.” Initially, Company A advertised that using this personal combination stimulator could treat painful parts all over the body. They even attracted customers by advertising that attaching the device to the face would smooth out wrinkles. However, the personal combination stimulator is a medical device that applies electric current to the human body through electrodes, and was initially approved for the purpose of relieving muscle pain. According to Newsis coverage on the 24th, while the 'silver healthcare' market continues to grow ahead of the entry into a super-aging society, illegal medical device and equipment experience rooms that sell products through false and exaggerated promotions to the elderly are still active. Over the past three years (2021 to March 2024) A total of 1,188 applications for damage relief related to medical devices were filed with the Korea Consumer Agency, with more than 350 cases occurring every year. As of March of this year, a total of 98 cases were filed, showing a 7.7% increase compared to the same period last year. Looking at age groups, damage to elderly consumers in their 60s or older was the largest at 28.4% (333 cases). As the age group increased, the proportion of online sales decreased, but for those in their 60s or older, the proportion of general sales and door-to-door sales was higher than that of other age groups. Mr. Kim, who was hospitalized after being found that 58% of his nerves were damaged, demanded compensation from Company A for the damage. However, the only reply that came back was, "There is no problem with the medical device in question and it is Mr. Kim's fault that he was injured." Company A gave out daily necessities such as soap and toothpaste for free to elderly people when they visited the free trial room. After winning their favor in this way, they carried out promotional activities to encourage people to purchase their medical devices. However, if false or exaggerated advertisements are made to medical personnel, medical institution founders, or the general public other than medical institution workers in the experience room, or if labeling and description requirements are violated, it can be a legal problem. Lee Seo-hyung, a lawyer at Daeryun Medical Litigation Group, said, "False or exaggerated advertisements about the performance, efficacy, or effects of a medical device, such as claiming that it is effective in treating obesity and lumbar disc problems in addition to relieving muscle pain, which is permitted, He pointed out, "Even though it is an industrial product, advertising that claims to be a medical device, such as improving cervical disc problems, causing the product to be misunderstood as a medical device, or labeling or listing information that is false or likely to be misunderstood, may constitute a violation of the Medical Device Act." In fact, Company A was caught by the Ministry of Food and Drug Safety's so-called 'floating cafe' surveillance network in January 2017 for false and exaggerated advertising. At the time, the Ministry of Food and Drug Safety detected 52 medical device experience rooms, including Company A, and filed criminal charges. In particular, in such illegal experience rooms, unqualified people, not professionals, usually lead the use of the device, and even in the event of damage, related compensation or relief measures are not in place, so consumers must be especially careful. Lee Seo-hyung, a lawyer at Daeryun Medical Litigation Group, said, "If an unqualified person goes beyond simply helping to use a medical device and performs medical activities such as relieving muscle pain using a medical device, it is a violation of the Medical Services Act. “It may be an unlicensed medical practice prohibited by Article 27,” he pointed out. Meanwhile, Company A told Newsis, “There is no problem with the device in question,” and “I don’t know what the experience room has to do with the medical law.” [View full article] - ‘Miracle cure’ paralyzes legs… ‘Giseung’, an illegal device experience room for the elderly (link)
lowrider
2024-10-24
퇴직금 지급안해 고발·송치된 사업주···‘불기소·항고기각’이유는?
Employer accused and transferred for failing to pay severance pay... What is the reason for ‘non-indictment and dismissal of appeal’?
Following the decision of non-indictment, the Seoul High Prosecutors' Office dismissed the appeal of an employer who was sent by the Employment and Labor Office on charges of failing to pay severance pay to an employee who had worked for 10 years. The Seoul High Prosecutors' Office on the 12th of last month accepted an appeal from 'Retired Employee A' in response to an appeal case in which the Central Region Employment and Labor Office sent the employer, Mr. B, to the prosecution on charges of violating the Employee Retirement Benefits Security Act in September of last year. It was dismissed. Mr. A was hired by Mr. B's company in May 2012, but suffered an injury in July of that year, two months after joining the company, and entered industrial accident care. Afterwards, he did not work for over 10 years. However, Mr. A's four major insurance policies were lost only in February 2023, 10 years later. However, only then did Mr. A demand severance pay of about 21 million won from Mr. B. This was an amount calculated based on the working period from May 2012, when Mr. A started working, to the date when the four major insurance policies expired. However, Mr. B refused to pay severance pay to Mr. A. Then, Mr. A submitted a petition to the competent Employment and Labor Office, and after completing the related investigation, the Employment and Labor Office sent Mr. B to the Uijeongbu District Prosecutors' Office on charges of non-payment of severance pay. Mr. B said, “Mr. A's actual working period was 2 months. “In addition, we reported the four major insurance policies late so that the injured person A could maintain his health insurance and receive treatment,” he said, adding, “We thought there would be no obligation to pay severance pay.” The Uijeongbu District Prosecutors’ Office, which investigated this case, determined that Mr. B’s failure to pay severance pay was not intentional. The main reason was that Mr. A had never worked since the injury, and the actual working period was less than a year. In the decision not to indict, the prosecution said, “It would have been difficult for the employer to think that severance pay should be paid because more than 10 years have passed since the end date of employment. The delayed loss of the four major insurance policies is only an administrative process and cannot be considered the actual end date of the working period,” adding, “It is possible that Mr. B recognized that he had no obligation to pay severance pay to Mr. A. Mr. A stated the reason for non-indictment, saying, “It is enough.” Mr. A objected and submitted a notice of appeal. However, as a result of the Seoul High Prosecutors’ Office’s investigation into Mr. B’s charges, the appeal was dismissed due to insufficient evidence and the non-indictment against Mr. B was maintained. Attorney Heo Seong-guk of Daeryun Law Firm (Limited), who represented the business owner Mr. B in this case, said, “If there was a mistake or unavoidable circumstances in not paying wages or severance pay, it cannot be considered intentional.” “From the business owner’s perspective, it was difficult to think that Mr. A would have incurred severance pay because his actual working period was short. In addition, it appears that it has been acknowledged that there were difficulties in making actual payments due to the deterioration of the company’s management,” he said. [View full article] - Employer accused and transferred for failing to pay severance pay... What is the reason for ‘non-indictment and dismissal of appeal’? (Shortcut)
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