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Money Today
2024-10-24
'스토킹 처벌법' 시행 3년…올바른 대처 방법은?
‘Stalking Punishment Act’ has been in effect for 3 years… What is the right way to deal with it?
The Act on Punishment of Stalking Crimes, the so-called ‘Stalking Punishment Act’, has been in effect for three years this year. The main point of this bill is to prohibit acts that repeatedly cause fear in the other person or his or her family without justifiable reason. The act of waiting at a residence or workplace, as well as the act of leaving or delivering an object, are all included in 'stalking'. Even if you make the other person feel anxious by contacting them using SNS, etc., you can be punished. If you are found guilty of stalking, you can be sentenced to up to 3 years in prison or a fine of up to 30 million won. The scope of application of stalking punishment laws is gradually expanding. Last year, an amendment was passed through the National Assembly that considers the act of providing, distributing, or posting personal information to a third party through an information and communications network as stalking. The fact that a medical resident was arrested under the Stalking Punishment Act after making a list of doctors who did not participate in the recent collective strike and posting it on the Internet can also be said to be the impact of this amendment. The core of the Stalking Punishment Act is 'continuity' and 'repetition'. The frequency and duration of the perpetrator's stalking behavior and whether it caused fear and anxiety in the victim are important factors in determining guilt or innocence. Even if there was stalking, if it was only a one-time act, it is difficult for the charge to be acknowledged, and even if the victim approached the victim multiple times against her will, there are many cases where the victim was found not guilty because the intent of the stalking was not clearly proven. The problem is that there is still no clear standard for stalking punishment. The concept of ‘continuity/repetition’ itself is somewhat subjective, and the interpretation of ‘fear/anxiety’ also has limitations as it inevitably varies depending on one’s perspective. Because of this situation, there are many cases where stalking is reported but the damage is not acknowledged. According to data from the Ministry of Justice, the number of suspects who were investigated by the prosecution after the enforcement of the stalking punishment law exceeded 10,000 last year alone, but it was revealed that most of them were summarily indicted or not indicted. The rate of arrested suspects was also less than 3%. Therefore, if you are a victim of a stalking crime, you should seek professional help as soon as possible. First, it is necessary to collect as much data as possible to prove repeated and continuous stalking, such as call records and SNS. In addition, since you must prove that the other person's stalking behavior was committed against your will, it is most important to respond to the situation with the assistance of a lawyer. Conversely, as mentioned above, as the scope of punishment itself expands, a situation in which you are unintentionally singled out as a suspect of a stalking crime may also occur. In particular, in the case of the stalking punishment law, as the crime of impunity against a doctor has been abolished, once a report is filed, it must be investigated regardless of the victim's will. Therefore, even in this case, it is necessary to work with experts to respond early and devise a strategy to get rid of unfair charges. [View full article] - ‘Stalking Punishment Act’ has been in effect for 3 years… What is the right way to deal with it? (Shortcut)
KBC Gwangju Broadcasting
2024-10-23
채팅 어플서 만난 미성년자 성폭행한 학원강사, 항소심서 감형
Academy instructor who sexually assaulted a minor he met on a chat app had his sentence reduced on appeal
A private academy instructor in his 20s who sexually assaulted a minor whom he found out through a chat app several times and even received illegally filmed footage was sentenced to a reduced sentence on appeal. On the 23rd, the 1st Criminal Division of the Daegu High Court overturned the original sentence that sentenced 29-year-old Mr. In addition, Mr. A was ordered to take 40 hours of sexual violence treatment classes and be restricted from employment at organizations related to children, youth, and the disabled for five years. Mr. A is accused of luring Ms. B, who was 12 years old at the time, in his vehicle in the parking lot of an apartment in Seo-gu, Daegu, and having sex with her in August of last year. Mr. A is known to have had sexual intercourse with Ms. B a total of 10 times from August to October of last year through a chat app. He also forced Ms. B to take and send explicit photos. In addition, it was revealed that he sent obscene messages containing content such as "Please take off my clothes" more than 47 times. The first trial court said, "The nature of the crime is very bad, as the defendant committed adultery with a victim who was only 12 years old and made her film and send sexually exploitative material," and added, "In that he made the victim, a child and adolescent who needs protection because his awareness and values about sex have not yet been established, the object of his sexual desire. He pointed out that "severe punishment is inevitable" and was sentenced to four years in prison. During the subsequent appeal process, Mr. A asked the court to take into account the fact that he voluntarily deleted all illegally filmed videos sent by the victim and the fact that Mr. A made efforts to end his meeting with the victim after recognizing his mistake. He also argued that the victim expressed his intention not to punish Mr. A. The appeals court said, "It does not appear that the defendant used coercive force such as assault or threats. “There is no evidence that the sexually exploitative material produced was leaked to the outside world,” the ruling said. “It seems reasonable to postpone the execution of the prison sentence along with probation rather than the actual sentence.” Attorney Lee Shin-gyu of Daeryun Law Firm (Limited), who is Mr. A’s legal representative, said, “There are many cases where problems arise due to meeting with a minor through an app, and the age limit for rape of a minor has been raised from 13 to 16, and the scope has been broadened. “The number of cases being booked is increasing,” he said. “In this case, we were able to receive recognition of sentencing factors favorable to the defendant by carefully considering whether he or she was a minor and whether or not he or she gave consent.” He also explained, “It is difficult to avoid criminal punishment in cases of sexual crimes against minors even if there was no assault or intimidation.” He also explained, “If a guilty verdict is issued, various sex crime security measures such as employment restrictions, attachment of an electronic anklet, and registration and disclosure of personal information are also imposed, so we must respond from the investigation stage.” [View full article] - Academy instructor who sexually assaulted a minor he met on a chat app had his sentence reduced on appeal (link)
Maeil Business Newspaper
2024-10-21
“코인투자 재미 못보셨다면 맡겨만 주세요”...코인 대리투자 주의보
“If you haven’t had fun investing in coins, just leave it to us”...Coin proxy investment warning
A YouTuber impersonating a celebrity on the coin platform stole 18 million won in the name of proxy trading. “Risk of proxy investment for individuals, not experts.” #A, an office worker in his 20s living in Gyeonggi-do, recently transferred $13,000 (approximately 18 million won) to a coin YouTuber L in the name of coin proxy trading. L introduced himself as a famous figure in the coin community and attracted about 3,500 subscribers, saying he would even provide personal counseling for people in difficult times. Accordingly, Mr. A also had a one-on-one conversation with L for about two and a half months through the social network service (SNS) framework, and came to trust him in a desperate situation. However, L went into hiding after receiving 18 million won in the name of agency transactions. Mr. A expressed his frustration, saying, “Looking back, it makes no sense, but I am going through a difficult time these days, and when I approached you with serious counseling, I felt like I was blind and deaf.” According to the virtual asset industry on the 19th, on the 15th, a victim who lost about 18 million won due to a coin YouTuber filed a complaint with the police. The victim paid 18 million won to coin YouTuber L in the name of proxy coin trading, of which approx. He claimed that he only received $400 (about 550,000 won) back. Mr. L told Mr. A that he could do proxy coin trading and encouraged him to do so, saying that many investors were already participating. Mr. A said, “At first, I only gave him $400, but the next day he refused to give me the money, saying that there was a loss in the transaction.” Currently, YouTuber L has deleted his channel. The conversation history with him has also been deleted. Coin YouTuber L introduced himself as a famous coin investor and attracted subscribers by explaining investment methods and investment views to investors who had difficulty investing in coins. Victim A believed YouTuber L's words that people who were having difficulty or having difficulties should apply for 1:1 consultation and asked him for advice. Mr. A explained that he talked to L for two and a half months from early August to mid-October and gained trust during the conversation. However, YouTuber L did not propose proxy coin trading to Mr. A from the beginning. After building trust for two and a half months, one day L brought up the topic of ‘two-way trading’. Two-way trading was a transaction in which Mr. A took an opposing position with the exchange designated by YouTuber L through futures trading, and received a certain amount of commission when the stock on the exchange was liquidated. YouTuber L designated an exchange to Mr. A and asked for money to buy ‘Tetter’ coins at that exchange. L asked to deposit cash into a designated account to purchase coins. Mr. A said that he felt uncomfortable because the exchange purchases coins by depositing them into an account rather than purchasing them directly. For example, if 1 million won is deposited into an account designated by L, a certain amount of Tether will be received at the exchange and futures trading will be conducted with that amount. If the exchange account takes a short (sell) position with 100 times leverage, Mr. A takes a long (buy) position with 5 times leverage through his account. Here, 100x leverage short means that even if the coin price falls by just 1%, you will receive a 100% return on the investment principal. Here, YouTuber L said that when the stock on the exchange where he held a 100x short position is liquidated, the stock will go into the exchange and he will receive a certain fee, so he will pay back about 30% of the commission to Mr. A. At first glance, it seems like all you have to do is liquidate the stock on the exchange, and the victim will also take the opposite position with this account, so there will be no loss, but that is not the case. This is because it is extremely rare for novice investors to make money in futures trading. Mr. A also tried this method just twice, but ended up losing hundreds of thousands of won. Later, I found out that the exchange did not even have a system for withdrawing Tether coins. On a normal exchange, purchased Tether can be withdrawn. In addition, it was an exchange that had not been reported to the Financial Services Commission's Financial Safety Information Institute. During this process, Mr. A said he would no longer trade, and at this time, YouTuber L, with whom he had built a sense of trust, approached him in a friendly and friendly manner and suggested proxy coin trading. Mr. A said that the problem was that he trusted YouTuber L because he had developed a sense of trust. Seong-geun Cho, a lawyer at Daeryun Law Firm, said, “It is very risky to entrust investments to individuals who are not professionally qualified, as there is a high risk,” and added, “Financial consumers are especially required to be careful because transactions with high profits in a short period of time are highly likely to be fraudulent.” [View full article] - “If you haven’t had fun investing in coins, just leave it to us”…Coin proxy investment warning (link)
KBC Gwangju Broadcasting
2024-10-21
비밀 정보 경쟁사 유출로 소송당한 퇴직자..法 "영업비밀 아냐"
Retiree sued for leaking confidential information to competitor...Law: "It's not a trade secret."
The court ruled that there was no need to compensate a retiree who was sued for damages by the company for leaking key information to a competitor because specific items could not be specified and conditions for business secrecy were not met, so the agreement prohibiting transfers was illegal and could not be raised as an issue. This is because the key information claimed by the company does not constitute a trade secret. On the 20th of last month, the Suwon District Court Seongnam Branch Civil Division 3 (Chief Judge Song In-kwon) ruled that the company filed a lawsuit against retirees A and B, as well as competitors. The plaintiff was ruled to lose in the injunction suit filed against Company C for prohibition of transfer and infringement of trade secrets. Mr. A and Mr. B worked as managers in the sales department at the time of their employment, and left the company in early 2020. Afterwards, they transferred to C Corporation, which was conducting the same business in August of the same year. The plaintiff claimed that defendants A and B, who were in positions with access to information, handed over information assets acquired during their employment to Company C, causing enormous damage to the business, and claimed 200 million won. It requested compensation of about 10 million won. In addition, it was claimed that A and B did not fulfill the agreement even after signing an agreement prohibiting change of job. Under the current law, if an employee who handles the company's trade secrets discloses confidential information to the outside world, he or she may be subject to criminal punishment of up to 15 years in prison or a fine of up to 1.5 billion won. In addition, he or she must also be liable for civil damages. However, the court ruled that the information in the case did not meet the conditions for a trade secret. The court said, “Based on the evidence submitted by the plaintiff, it is difficult to admit that defendants A and B secretly exported information about this case or used it to conduct business.” It continued, “There is no data that shows what kind of information was exported, and it cannot be said that A and B exported information about this company just because some of the companies that company C did business with are consistent with the plaintiff’s business partners.” It also said, “Mrs. A and B are related to this case. They were all indicted on charges of breach of trust and leaking of trade secrets, but in the case of Company C, the prosecution decided not to indict them, saying there were no charges. Attorney Kim Yong-tae of Daeryun Law Firm (Limited), who represented the defendants, said, "The key information claimed by the plaintiff is ambiguous and cannot be identified, and even if it is identified, it does not constitute a trade secret. Even if the prohibition agreement on transfers is an issue, the prohibition period is limited." He explained, “The plaintiff’s claim cannot be established in that the three-year agreement itself is invalid as it violates Article 103 of the Civil Act.” [View full article] - Retired person sued for leaking confidential information to a competitor... Law: “It is not a trade secret” (Shortcut)
Money S
2024-10-21
"딥페이크는 심각한 범죄"… 법조계, 첨단 기술 활용해 총력 대응해야
“Deepfakes are serious crimes”… The legal profession must respond with all its might using cutting-edge technology.
[Interview] Kim In-won, head of the criminal group at Daeryun Law Firm. As the deepfake crime of synthesizing and distributing other people's photos into pornographic material is spreading beyond college campuses to elementary, middle and high schools, the legal community has taken active action by establishing a dedicated organization. Daeryun Law Firm also declared that it will do its best to respond to the recent surge in deepfake crimes. The plan is to use cutting-edge technologies such as digital forensics to investigate evidence. To collect evidence, a cybercrime team linked with the evidence investigation and digital forensics group was formed. We actively utilize the mock investigation room and court system to provide close legal representation in all procedures, from the police investigation stage to the trial. Detective Group Director Kim In-won emphasized the importance of legal assistance in responding to deepfake crimes. The following is a Q&A with Group Director Kim. - Recently, deepfake technology has created an uproar in society. What kind of technology is it and what are the criminal aspects? ▶ Deepfake is a compound word of Deep Learning and Fake, and is a technology that uses AI to create images or videos whose authenticity cannot be confirmed. For example, if you create a video of a famous actor walking by combining the face of a famous actor with the body of a passing citizen, that is a deepfake video. Deepfakes are rarely used in a healthy way, simply as a hobby. Crimes such as defamation by creating a composite video of a famous politician or creating and distributing a sexual crime video by synthesizing the face of an acquaintance are common. -What is the punishment for downloading or distributing deepfake materials? ▶ If you produce, distribute, or edit a deepfake video, you can be punished by up to 5 years in prison or a fine of up to 50 million won in accordance with the Special Act on the Punishment of Sexual Violence Crimes. If you distribute the video for commercial purposes, you may be subject to aggravated punishment of up to 7 years in prison. In fact, in the so-called 'Seoul National University N Room Case', where sexual exploitation was created by combining the faces of female alumni with pornography, one of the defendants was sentenced to five years in prison in the first trial. - Is punishment for simply participating in a chat room where videos are shared? ▶ Currently, there is no punishment provision for simply watching or possessing deepfake videos. However, due to the recent increase in sexual crime cases on Telegram, there are opinions that simple participants should be punished for aiding and abetting, so it is better not to participate in the chat room at all. - What help can lawyers provide to victims of deepfake crimes? ▶ For most cyber sex crimes, including deepfake, securing evidence is the most important thing, but it is somewhat difficult to proceed alone due to the closed distribution channel. At this time, if you get the help of a professional lawyer, collecting evidence to prove damage becomes much easier. In the case of Daeryun, it operates a digital forensics center to support the recovery of deleted data and the collection of legal evidence regarding the status of video distribution. We can even assist with deleting personal or sensitive information and submitting it to investigative agencies. - Advice you can give if you are involved in a cyber sex crime. ▶ Cyber ​​sex crimes have the characteristic of not being limited by time and space. Crimes occur frequently and can be punished with various charges, so we need to respond quickly. If you are a victim, it is recommended that you seek help from a professional to quickly collect evidence, and if you are a perpetrator, it is recommended that you consult with a professional lawyer to secure elements of a reduced sentence. [View full article] - “Deepfake is a serious crime”… The legal profession must respond with all its might using cutting-edge technology (Click here)
News Tomato
2024-10-18
[IB토마토]여기어때, 취소 수수료로 '돈벌이'…소비자 보호는 뒷전
[IB Tomato] How about here, ‘making money’ with cancellation fees… Consumer protection takes a backseat
Consumer Damage Relief Applications 'No. 1' with 523 applications over 3 years Some products include free cancellation within 10 minutes and an aggravated cancellation fee. High profit margin due to rapid increase in commission income. #Consumer A, who lives in Seoul, recently made a reservation for lodging through Yeogi How. After making a reservation in the early morning, I canceled it the next morning, but was informed by the company that "if the regulations are followed, it is difficult to refund the already applied fee." Yeogi Eottae said, "We will inform you after checking other options." Initially, they said they would check at 2 PM and give an answer, but they remained silent the next day. Consumer complaints about lodging platforms, including Yeogi Eottae, have been going on for several years. Like Mr. A, people who booked accommodations but clicked the wrong cancellation button or simply changed their mind canceled the stay, and the majority of complaints occurred when it was impossible to get a refund or withdraw the cancellation decision. No. 1 in applications for consumer damage relief… According to the Korea Consumer Agency on the 16th, an increase of 79.38% in 3 years, applications for consumer damage relief related to the use of lodging facilities received over the past 3 years have been increasing every year. Accordingly, the status of damage relief, which was only 1,047 cases in 2021, increased to 1,428 cases in 2022 and 1,643 cases in 2023. When looking at the reasons for application, complaints about penalties for contract cancellation were the most common at 78.5%. There have been frequent cases where some lodging facilities unconditionally refuse refunds regardless of the time of contract cancellation request due to the fact that the non-refundable terms and conditions were notified in advance. The number of penalty complaints was 848 in 2021, which was less than 1,000, but increased every year to 1,115 in 2022 and 1,271 in 2023. By platform, Yeogi Eottae received the most applications for damage relief, with a total of 523 cases over the three years. This was followed by Agoda with 505 applications, Yanolja with 502 applications, and Naver with 358 applications. Although there were repeated increases and decreases every year, the number of applications for damage relief by platform increased by 79.38% from 97 cases in 2021 to 174 cases last year. Such consumer complaints appear to be due to difficult cancellation fee policies and difficulties in confirming cancellation fees. Previously, the Korea Consumer Agency has been encouraging accommodation reservation service providers to self-improve when cases of refunds were refused when cancellations were made on the day of contract signing. Accordingly, since 2017, Daily Hotel, Yanolja, Yeogi Eottae, and Hotel Enjoy have decided to provide full refunds for all products, including non-refundable products, if canceled within 10 minutes to 1 hour after signing the contract. However, consumer dissatisfaction is still high. In particular, the inability to find out the cancellation fee at a glance before making a reservation was also pointed out as a problem. Consumer A said, "It was difficult to check the cancellation fee policy without directly clicking the red letters in the terms and conditions. When I used the same lodging company before, I complied with the request to cancel because all the rooms were full, but the problem is that they do not agree to a refund when the consumer is actually losing money." Complaints growing over 'unfair contracts' favorable to lodging platforms Under the 'Act on Consumer Protection in Electronic Commerce, etc.', cancellation of subscription regarding the contract is possible within 7 days from the date of receiving a written document regarding the contract details. However, on lodging platforms, there are frequent cases where people, like Mr. A, do not receive a refund despite canceling on the same day. Accordingly, competitor Yanolja recently received a class action lawsuit from consumers. According to the Electronic Commerce Act, products traded can be withdrawn within a week, but some products can only be canceled for free within 10 minutes, so a structure that is advantageous only to the platform was pointed out as a problem. According to Article 6, Paragraph 2 of the Terms and Conditions Act, clauses that are unfairly disadvantageous to the customer, clauses that are difficult to predict, and clauses that limit fundamental rights are presumed to have lost fairness and are treated as invalid. Daeryun Law Firm, which handled the lawsuit, pointed out that the refund policy was unfavorable to customers and thus lost fairness. Here, it is also notified that some of the domestic hotel, resort, pension, guesthouse, camping, and home and villa products can be canceled free of charge only within 10 minutes after reservation and payment, and that the cancellation and refund policy of the relevant accommodation applies thereafter. However, in many cases, it was difficult to intuitively understand these regulations because 3-4 images and room information were located at the bottom of the last scroll. There was also a difference when making a reservation directly through the hotel website rather than through the platform. According to its terms and conditions, Lotte Hotel does not charge a fee if the accommodation contract is canceled in whole or in part due to the customer's circumstances, and if cancellation is made by 6 PM (hotel local time) one day before the scheduled stay date. Cancellation after 6 p.m. was possible by paying only one night’s fee. Consumer confusion is increasing due to different cancellation fee policies depending on the reservation method. One industry insider saidIn a phone call with , he said, "There is a volume of rooms provided by contract for each accommodation platform, and in order to handle this, we will have no choice but to conduct promotions or marketing," and "For this reason, there is a possibility that we will not be able to afford cancellation fees." The 'Consumer Dispute Resolution Standards' also stipulate that even if the contract is canceled due to reasons attributable to the consumer, the down payment must be fully refunded if canceled 10 days before the scheduled use date or on the day of the contract conclusion. However, consumer dispute resolution standards are literally 'recommendations' and therefore have no binding force, making it difficult to actually receive compensation. Part of the cancellation fee is converted into platform revenue... Performance is also growing While consumer complaints are increasing every year, Yeogi Eottae's performance is showing a continuous upward trend. In particular, last year, despite a sharp decline of 22.54% in room sales revenue from KRW 133.1 billion to KRW 103.1 billion compared to the previous year, sales growth was maintained with commission income growing 13.42% from KRW 109.5 billion to KRW 124.2 billion and advertising fee income growing 30.41% from KRW 62.8 billion to KRW 81.9 billion. Commission income refers to income including all fees related to reservations. The cancellation fee is basically paid to the affiliated store, but a portion of it is paid to the affiliated store. The share of such commission income in total revenue amounted to 40.18%. This is an increase of about 4.33% points compared to 35.85% in the previous year. In particular, Yeogi Eottae's fee income increased by 58.47% from 69.1 billion won in 2021 to 109.5 billion won in 2022. Last year, it recorded 124.2 billion won, a 13.42% increase compared to the previous year. During the same period, its share of total sales also increased to 33.7%, 35.8%, and 40.2%. In particular, last year's commission income was only 59.28% of competitor Yanolja's separate sales commission income (KRW 209.5 billion). According to Mobile Index, the average number of monthly users over the past year was 2.2 million for Yeogi Eottae, which was 80,000 fewer than Yanolja (2.28 million). Nevertheless, from 2022, the number of applications for damage relief has been higher than that of Yanolja. As a result of a survey by the Korea Consumer Agency of the status of applications for damage relief by platform, the number of applications for Yeogi Eottae jumped from 97 in 2021 to 252 in 2022. However, last year, there were 174 cases, a 31.0% decrease from the previous year. During the same period, Yanolja's applications for damage relief increased and decreased repeatedly: 133, 198, and 171. However, it is positive that Yeogi Eottae's damage relief processing (settlement rate) increased to 63.9% in 2021, 71.8% in 2022, and 78.2% in 2023. Among these, Yeogi Eottae's sales and operating profit showed even growth, and its operating profit ratio increased to 7.56% in 2021, 10.64% in 2022, and 15.01% in 2023. Profitability has nearly doubled in three years. During the same period, operating profit continued to increase to KRW 15.5 billion, KRW 32.5 billion, and KRW 46.4 billion. The cash reserves are also ample. The current ratio at the end of last year was 130.98%. Among these, Yeogi Eottae's cash and cash equivalents, including short-term financial products, totaled 100.2 billion won, exceeding the combined amount of trade payables and payables of 54.9 billion won. In this regard, an official of Yeogi Eottae said:In a phone call with , he said, "We will continue to strengthen CS to resolve civil complaints." [View full article] - [IB Tomato] How about here, ‘making money’ with cancellation fees… Consumer protection takes a backseat (link)
4 places including Jose Ilbo
2024-10-18
법무법인 대륜, 소송관리센터 강화…부장판사 출신 변호사 대거 배치
Daeryun Law Firm Strengthens Litigation Management Center... Deployment of a large number of lawyers who were former chief judges
Daeryun Law Firm (Limited) (Managing Attorney Kook-il Kim) announced on the 18th that it will strengthen the Litigation Management Center for customized management of accepted cases. The goal is to further develop the existing litigation management system to handle case management within the corporation more efficiently and systematically. Currently, the Daeryun Litigation Management Center is centered around the Seoul headquarters, which is the control tower. It is linked to offices across the country, so the head office manages and inspects all cases in progress at each regional office. This is to increase the success rate by systematically reviewing the case from the perspective of the court or investigative agency before an investigation or lawsuit is conducted. At the time of acceptance, a minimum of 2 to a maximum of 20 lawyers are assigned depending on the type and difficulty of the case. When necessary, experts in other fields, such as accountants and tax accountants, are also brought in. Even if a case is taken over by a local office, the head office manages it in general and designates an appropriate lawyer for each case, making it possible to provide more professional legal services. Daeryun plans to designate a large number of lawyers from the Litigation Management Center as former chief judges, and devote themselves to thoroughly managing the entire implementation process, such as judging the case more accurately and clearly determining the direction of the lawsuit. Previously, cases were reviewed through discussions between multiple lawyers. The strengthened Litigation Management Center will have many lawyers who were former chief judges with long legal experience, allowing them to look more closely at the entire process, including writing and trials. CEO Kuk-il Kim said, "Currently, some law firms are keeping a close eye on various chronic issues in the legal field, such as delay in litigation and negligence in carrying out lawsuits. This is why experienced chief judge-level lawyers lead lawyers in specialized teams and are in charge of overall cases to ensure that there are no problems in carrying out lawsuits." “By closely examining ongoing cases within the corporation, we have improved the quality of written and trial processing,” he said. [View full article] Jose Ilbo - Daeryun Law Firm Strengthens Litigation Management Center... Deployment of a large number of lawyers who were former chief judges (Shortcut) ENews Today - Daeryun Law Firm strengthens litigation management center...Customized management for each lawsuit (Shortcut) Korea Economic Daily - Jipyong, joint workshop with Singapore International Mediation Center... Daeryun Strengthens Litigation Management [Law & Biz Briefing] (Go to) Segye Ilbo - Daeryun Law Firm Strengthens Litigation Management Center... Customized management for each lawsuit (Go here)
lowrider
2024-10-18
법무법인 대륜, 경일렌탈과 법률자문 MOU 체결
Daeryun Law Firm signs legal advisory MOU with Kyungil Rental
Customized support for business structure improvement and business diversification, from reviewing various contracts to responding to real estate business legal issues.Daeryun Law Firm (Limited) announced on the 18th that it signed an MOU for legal advice with Kyungil Rental. The MOU signing ceremony held in the conference room of Daeryun General Headquarters on this day was attended by Daeryun CEO Kim Kuk-il, attorney Lee Ki-jun, Kyungil Rental CEO Jeon Jae-sook, and other officials. Kyungil Rental is a company specializing in real estate development and rental business, which purchases and develops land based in Chungcheongnam-do and Gyeongsangnam-do. We are conducting business. This agreement was prepared to prevent legal risks in general regarding real estate transactions. The two organizations plan to cooperate with each other in ▲response to real estate business disputes, ▲review of various contracts, ▲advice for business structure improvement, and ▲seminars and training for joint projects. Kyungil Rental CEO Jeon Jae-sook said, “We are experiencing difficulties in the legal aspect while running a company,” and added, “There are many restrictions in the process of expanding our business, and we desperately need expert help in contract review, etc. This is a great opportunity for Daeryun and “We have established a relationship, and we expect to be able to discover new businesses through continued cooperation in the future,” said Kim Kuk-il, CEO of Daeryun Law Firm, adding, “Daeryun has established a system that allows for video consultations anytime, anywhere, so we can immediately respond to Kyungil Rental’s legal issues, big and small.” He added, “We will spare no effort in providing support so that professional teams in various fields, including real estate, accounting, and labor, can collaborate to provide optimal advice.” “I hope we can cooperate and grow together,” he said. Meanwhile, Daeryun Law Firm operates a corporate legal group and provides customized services to corporate customers by forming a team of experts in each field, such as corporate lawyers, accountants, tax accountants, and labor attorneys, depending on the size of the case, to systematically resolve the case. [View full article] - Daeryun Law Firm signs legal advisory MOU with Kyungil Rental (Click here)
Money S
2024-10-17
일하다 다친 직원 연락 무시하다가… 위자료까지 물게 된 사연
Ignoring calls from employees who were injured at work... The story of having to pay alimony
Business owner turns a blind eye to compensation request from employee injured while extinguishing fire. Uniform court says, “Business owner is responsible for injuries that occurred while working… Mental shock must also be compensated.” The business owner, who had ignored the request for compensation from an employee who was injured while putting out a fire, has been awarded compensation, including alimony. The court ruled that mental damages caused by the business owner's insincere attitude must also be compensated. The Bucheon branch of the Incheon District Court ruled in favor of the plaintiff in a damages lawsuit filed by employee A against restaurant owner B in August. Person A suffered burns while working at a restaurant run by person B earlier this year. While Mr. B left the fire on to cook food, a fire broke out and he was injured while trying to extinguish it. Mr. A, who suffered third-degree or higher burns, was told by the hospital's medical staff that he would need more than a year of treatment. Afterwards, he requested compensation for damage, including treatment costs, from Mr. B, but Mr. B avoided contact, saying, “I cannot give you a large amount of money.” The court ruled in Mr. A’s favor. The court ruled that Mr. A should pay 28 million won in compensation, saying, "Considering that the fire occurred during working hours and that sufficient safety training and protective equipment were not provided, the store owner's negligence is acknowledged." It also ordered Mr. A and his mother to pay 3 million won each in alimony. The court explained, "The psychological trauma suffered by the plaintiff due to the severe burns is very serious," and "It appears that not only the plaintiff but also the plaintiff's mother suffered extreme pain as not even a proper apology or compensation was provided." Shin Yong-hoon, a lawyer at Daeryun Law Firm (Limited), who represented Mr. He added, “Even though Mr. A, who was a job seeker, suffered serious injuries that required long-term treatment, the store owner showed an irresponsible attitude, which added to the mental stress of Mr. A’s family.” He added, “It appears that the court took these circumstances into consideration and even ordered the payment of alimony.” [View full article] - Ignoring calls from an employee who was injured at work... The story of having to pay alimony (link)
Money Today
2024-10-17
성병 감염 사실 숨긴 채 성관계, 범죄 성립될 수 있을까?
Can sexual intercourse while hiding the fact of being infected with a sexually transmitted disease constitute a crime?
There are increasing cases of people knowing that they have a sexually transmitted disease but hiding it and transmitting it to others. Recently, an active player in a domestic professional soccer league passed a sexually transmitted disease to a woman and was handed over to the prosecution. In this way, if you are aware of the disease and have sexual intercourse and infect your partner, you can be punished by law. In cases of sexually transmitted disease infection, a crime of injury or manslaughter may be applied. In general, it is easy to think of the crime of injury as inflicting physical damage by inflicting violence on another person, but the crime of injury can also be applied when intentionally causing physical or mental pain to another person. Looking at Supreme Court precedents, injury is something that damages the integrity of the victim's body or causes impairment in physiological functions, and does not necessarily have to be accompanied by external injuries. Therefore, if you spread the disease by hiding the fact that you were infected with a sexually transmitted disease, you can be sued by the other party. The key here is 'intention.' If you have sexual intercourse even after knowing that you have a sexually transmitted disease, you will be charged with bodily harm, and if you contracted the infection without knowing it, you will be charged with manslaughter. All of these crimes carry heavy punishment if found guilty. Article 257 of the Criminal Act states that a person who causes physical injury to another person shall be subject to imprisonment for up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to 10 million won. Article 266 of the same Act stipulates that anyone who causes physical injury to a person due to negligence shall be subject to a fine of up to 5 million won, detention, or minor fines. However, in cases of sexually transmitted disease infection, it is difficult to prove it and rarely leads to punishment in practice. This is because it is not difficult to prove that you were infected by someone else. It can only be accepted as evidence if it proves intentionality that the person was aware of the infection and a causal relationship that the person was infected through sexual intercourse with the other person. For example, there was a case where a man hid the fact that he was infected with herpes type 2, causing damage to the person he was in a romantic relationship with. As a result of continuing sexual intercourse without informing the victim that he or she was infected with a virus that is transmitted through sexual contact, the victim suffered permanent damage that requires lifelong care. At this time, the victim, who received assistance from a lawyer, proved the damage through valid evidence such as conversation history and medical records. Additionally, in addition to criminal punishment, civil compensation for damages was also sought and monetary compensation was received. Conversely, there are also cases where the charges are wrongfully filed. There are times when a person is accused by the other person and is framed as a perpetrator, but if you claim to have suffered damage even though you were infected by someone else, you have no choice but to be sued. In this case, it is necessary to get the help of experts from the beginning of the case and quickly clear the charges. [View full article] - Can sexual intercourse while hiding the fact of infection with a sexually transmitted disease constitute a crime? (Shortcut)
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