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With the U.S. Customs and Border Protection (CBP) recently launching the online Customs Refund Portal (CAPE) and the refund process worth about KRW 244 trillion (USD 166 billion) in full swing, a seminar will be held to diagnose changes in the global trade environment and strengthen the practical response capabilities of foreign companies. Daeryun Law Firm, together with the Korea Foreign Companies Association (KOFA), will hold a conference room at the Daeryun main office in Park One, Yeouido, Seoul at 3 p.m. on the 7th of next month. It was announced on the 22nd that it would hold a ‘US tariff refund and trade risk response seminar for foreign companies’. Any foreign company executives or managers from related departments such as HR, legal affairs, finance, purchasing, SCM, and logistics can attend the seminar. Applications for attendance and detailed curriculum can be found on the Daeryun Law Firm website. This seminar goes beyond providing guidance on the refund application process and is designed to help build preemptive governance to respond to complex legal and contractual issues that may arise after refunds and trade pressure from the United States. At the seminar, Daeryun experts with expertise in customs and global corporate law will appear as presenters. The seminar will be held in a total of two sessions, and in the first part, customs expert Jae-ho Myung will present on the topic of ‘U.S. IEEPA tariff refund system and latest practical trends.’ Commissioner Myeong is an expert who has overseen trade review and FTA consulting at major companies such as Hyundai Express and Korea Origin Information Service. It presents strategies to respond to administrative difficulties and customs screening that companies may face during the refund process. In Part 2, foreign attorney Dong-Hoo Son (USA) will present on the topic ‘Issues after refund: Official importer structure, refund attribution, and subsequent trade risks.’ Attorney Son is an investment and corporate law expert who has successfully led a number of cross-border projects, including consulting on global pharmaceutical companies' entry into the U.S. market. He explains that the opening of CBP's portal is a practical follow-up to the U.S. Federal Court's unconstitutional ruling in February, and presents scenarios that foreign companies may experience. Specifically, we plan to deal in depth with practical sensitive issues such as the step-by-step application scope of the CAPE refund system, response to refund settlement disputes between headquarters and corporations, and follow-up response directions for CAPE exclusion cases. Daeryun Kim Kuk-il, CEO of CBP, said, “With the operation of CBP’s portal, a practical path has been opened for importers who paid the so-called Trump tariffs to receive refunds.” “The goal is to ensure logical consistency,” he emphasized. Reporter Jeong Cheol-wook[View full article] Seoul Newspaper - Daeryun·KOFA to hold ‘US Tariff Refund and Trade Risk Response Seminar’ on the 7th of next month (Go here) Edaily - Daeryun to hold ‘US Tariff Refund and Trade Risk Seminar’ with KOFA on the 7th of next month (Go here) Beyond Post - Daeryun and KOFA hold ‘US Tariff Refund and Trade Risk Response Seminar’ (Go here)

Recently, a video of a so-called 'Mom's Touch customer' who was refused a soda refill at a fast food restaurant, assaulting the face of an employee and causing a disturbance, has spread, causing public outrage. As the controversy grew, Mom's Touch headquarters issued a statement on the 20th, saying, "The incident occurred in October of last year and is currently under police investigation," and added, "To protect the rights and interests of franchise owners and employees, we will file civil and criminal charges and compensate for damages at the headquarters level. "We will provide all legal support," he said, predicting a strong response. While excessive abuse of power and acts of violence toward workers in the service industry continue, there are growing voices calling for this incident to be treated as a serious criminal act beyond a simple incident. In relation to this, lawyer Daeryun Jeong-jun of the law firm said, "The perpetrator's actions are a serious matter that goes beyond simple assault and can overlap with multiple criminal crimes." He added, "Both the victim and the business owner must take decisive legal action by promptly securing evidence. “Second damage can be prevented,” he emphasized. The following is a Q&A with Attorney Jeong regarding the legal issues in this case. -According to the video, the customer punched the employee in the face, followed him to an employee-only space, and committed violence. In this case, what charges are applied to the perpetrator, and is there a possibility of imprisonment? ▲As direct physical force was used on the body of another person, assault is basically established under criminal law. If the victim submits a medical certificate stating that he or she needs physical or mental treatment, such as bruises or post-traumatic stress disorder, as a result of this incident, he or she may be subject to a much more severe crime of bodily harm and may be imprisoned for up to 7 years, suspended for up to 10 years, or fined up to 10 million won. In the case of 'substantive concurrent offenders' who commit multiple crimes at the same time, aggravated punishment is imposed, so the possibility of a prison sentence cannot be ruled out. - Even if there is no physical violence like in this case, there are customers who hurl harsh profanity or insulting language at part-time workers at restaurants or cafes. Is verbal violence without physical contact legally punishable? ▲ Even if there is no physical contact, it is fully subject to criminal punishment. If you hurled severe profanity or ridicule at a specific employee in a public place with other customers, the performance and specificity are recognized and you can be sued for insult. In addition, if a person shouts and makes the store atmosphere unpleasant, making it impossible to accept orders or operate the store, this can also be punished as obstruction of business. - When assaulted while defenseless, a part-time worker may instinctively swing his arms or push the assailant. In this case, to what extent is the victim's self-defense legally recognized? ▲In practice, there are quite a few cases where two parties are unfairly booked together for assault. Because simple assault is a 'crime of impunity without punishment' that cannot be punished if the victim does not want to be punished, perpetrators often take advantage of this and file countersuits to force them to reach a settlement. The court tends to apply the requirements for recognition of self-defense relatively strictly. Defensive actions, such as passively pushing away to escape the other person's violence, are recognized as resistance, but there is a risk that an active counterattack due to intensified emotions or a counterattack that crosses the line may be treated as a two-sided assault. Therefore, it is important to legally explain from the initial investigation stage through objective evidence such as CCTV that it was an inevitable 'passive resistance' that occurred during the defense process. - Under the Occupational Safety and Health Act, employers' obligations to protect workers from verbal abuse or assault by customers have been strengthened. The head office also announced legal support, but what measures should the head office take for the affected employees? ▲According to Article 41 of the Occupational Safety and Health Act, also known as the Emotional Workers Protection Act, employers must immediately temporarily suspend the worker's work and provide sufficient rest when a customer's verbal abuse or assault occurs. In addition, there is a legal obligation to provide psychological counseling when necessary and to actively assist injured workers when they take legal action, such as filing a complaint or filing a complaint against the perpetrator. If the business owner forces an apology from the affected employee to alleviate the situation or neglects to implement these protective measures, the business owner may also be subject to a fine of up to 10 million won. Reporter Kwon Byeong-seok (bsk730@fnnews.com)[View full article] Mom's Touch Jinsangnyeo store is in trouble... The level of punishment for the perpetrator of ‘emotional worker assault’ (link)

Promising interest to an acquaintance and stealing the investment money... “Virtual asset company stopped payment” Rebuttal court “There is a high possibility that coins could not be secured due to access blocking measures… It is difficult to determine whether a person committed fraud” A woman who was sent to trial on charges of stealing money by recommending coin investment to an acquaintance was found not guilty. On the 1st, the Daegu District Court found A, a woman in her 60s, not guilty on charges of fraud. In 2023, Ms. A deceived her acquaintance, Mr. B, by telling her that she would receive interest if she invested in virtual assets. He was accused of embezzling 25 million won. Initially, Mr. A received a summary order to pay a fine of 5 million won, but he objected and requested a formal trial. During the trial, Mr. A claimed that he had invested through a normal virtual asset management company, but was unable to give the money to Mr. B because the company suddenly stopped paying principal and interest. In the process, the company refuted that it could not even secure transaction details because it blocked access to the computerized transaction network. The court found Mr. A not guilty. The court said, “It is confirmed that the defendant used some of the money he received for personal purposes,” but added, “However, the defendant attempted to pay coins equivalent to interest, but it appears that access to the app was suddenly blocked and could not be delivered to the victim.” He continued, “Given that the employee of the company also made a statement consistent with this, the defendant received the money believing that the investment would be made normally, but it is highly likely that he was unable to secure the coins due to the company's unilateral access blocking measures.” “It is difficult to conclude that there was deception,” he added. Lawyer Shin Min-soo of Daeryun Law Firm, who represented Mr. A, explained, “In order to be guilty of fraud, there must be no intention or ability to repay the money from the beginning.” He added, “Through the statement of the company employee, etc., we were able to obtain a not guilty verdict by objectively proving that Mr. A was only a victim due to the blocking of the transaction network and that there was no intention of defrauding him.” whyjay@sportsseoul.comReporter Shin Jae-yu[View full article] A man in his 60s who stole investment funds using coin investment bait... Law: “Investment company blocked access” Not guilty (Shortcut)

[Interview] Lee Tae-seung, lawyer at Daeryun Law Firm, "No wearing of election campaign props or taking photos of ballot papers." As the 9th national simultaneous local election approaches in about 40 days, voters are required to be careful about their daily election activities. It is pointed out that in this election, regulations related to deepfake content using artificial intelligence (AI) technology will be strengthened, and indiscriminate information sharing may lead to legal risks. According to the legal community on the 21st, candidate registration for this local election will begin on the 21st after candidate registration from May 14th to 15th. Advance voting will be held on May 29-30, and main voting will be held on June 3. As the election schedule is in full swing, the proportion of reports received by the National Election Commission related to posts by ordinary citizens or messages in group chat rooms is maintained. Attorney Taeseung Lee of the Daeryun Law Firm said, “The Public Official Election Act regulates the behavior of not only candidates but also ordinary voters,” and added, “Manipulated content such as deepfakes spread quickly, so the act of dissemination itself can directly lead to serious legal problems.” The most important thing voters should be careful about is the sharing of deepfake videos and synthetic voices. Producing, editing, and distributing deepfake content for election campaign purposes is prohibited from 90 days before election day until election day. If you do not indicate that it is virtual information or spread fabricated content as if it were fact, you may be punished for publishing false information or defamation. There are also restrictions on daily SNS activities. It is possible to post support for or opposition to a specific candidate on social media, but sending mass messages using an automatic program is illegal. You should also be careful about repeatedly posting promotional messages in chat rooms organized for a specific candidate or political party. The use of election campaign props and behavior in polling places are also subject to regulation. Ordinary voters who are not registered as election officials cannot wear election campaign props such as shoulder belts, identical clothing, or pickets. On the day of voting, taking photos outside the polling place is allowed, but taking photos of ballots inside the polling place and posting them on social media is prohibited. If you damage election posters or banners, you may be punished by imprisonment for up to two years or by a fine of up to 4 million won. Attorney Lee said, "When notified of a possible violation, it is important to preserve the data and receive expert assistance rather than arbitrarily deleting the post," and added, "During election season, even short expressions can become legal issues, so prior advice is necessary." Reporter Hwang Jeong-won (garden@sidae.com)[View full article] Local election D-40, deepfake 'click' warning... Voters will also be punished if they share (link)

Daeryun Law Firm announced on the 20th that, as the advancement of domestic companies into the global market has become more active, it will strengthen the integrated advisory system with its New York local office SJKP to encompass the advancement of domestic companies into the United States and the settlement of foreign companies in the Korean market. In line with the global expansion of domestic companies, the inflow of American companies seeking to use the Korean market as a test bed is also steadily increasing. As cross-border expansion between the two countries becomes more active, the importance of 'cross-border risk management' is also increasing. According to the Ministry of SMEs and Startups and the Ministry of Trade, Industry and Energy, as of 2024, exports to the US by Korean small and medium-sized enterprises increased by $1.88 billion compared to the previous year. Direct investment (FDI) by U.S. companies in Korea also reached $5.24 billion, showing active two-way exchange. However, during the entry process, companies face complex legal and institutional differences, such as U.S. employment and environmental regulations that differ by state, Korea's unique serious accident punishment law, and fair trade regulations. In particular, small and medium-sized businesses that have difficulty in systematically establishing an in-house legal system often face difficulties in responding to these risks. Considering these market demands, Daeryun provides integrated advisory services in conjunction with SJKP, a local corporation in New York. First, we support corporate establishment and M&A, local labor law and tax risk checks, and core technology protection so that domestic companies can stably take root in the U.S. market. In the process of localizing American companies in the Korean market, we operate an 'inbound customized package' such as reviewing tax reduction benefits related to foreign investment, establishing a personnel and labor system optimized for domestic laws, reviewing business combinations, and responding to fair trade risks. Here, we combine practical customs solutions such as customs screening and country of origin verification that occur during import and export customs clearance. The policy is to manage the legal and logistics risks experienced by companies in both countries. Related practical advice will be provided by experts with diverse field experience in each field. Kyeong-won Yoon, head of the corporate legal group, who is well-versed in domestic and international corporate law, having served as a legal affairs partner at an embassy as a former chief prosecutor, and Jong-soo Shin, a former partner at Kim & Chang Law Firm, support M&A and tax strategies. Gye-jun Son, a former secretary of the Fair Trade Commission, provides advice on regulatory response, and Jae-ho Myung and Dae-ryun Kim, customs experts, support trade and customs clearance. Local response in the U.S. and coordination between the two countries are handled by Daeryun. Foreign lawyers and lawyers from SJKP are in charge. Foreign attorney Dong-Hoo Son (USA), who has experience in advising bio companies on their market entry, Mia Kim (USA), who is in charge of English-language contracts, and foreign lawyers Won Yeon Won and Joon-Yong Ahn (USA), who specialize in international arbitration and M&A, collaborate closely. At SJKP in New York, Bryce S. Robins, a former US local prosecutor, James Meaney, an expert in litigation practice, and Joseph Anthony, who has financial know-how, Attorney Joseph A. Raia will assist domestic companies in settling into the U.S. market. Daeryun CEO Kim Kuk-il said, "For a successful global business, not only product power but also thorough risk management based on the laws of each country must be supported. By combining the internal infrastructure of Daeryun Corporate Law Group and the local expertise of SJKP in New York, we will play the role of a legal assistant to help companies from both countries enter the stable market." Eunhye Lee (zhses3@joseilbo.com)[View full article] Jose Ilbo - "One-stop entry into the U.S. and investment in Korea"... Daeryun-SJKP strengthens two-way cross-border cooperation (Click here) LoLeader - ‘One-stop’ for entry into the U.S. and investment in Korea...Daeryun-SJKP strengthens two-way cross-border support (Go here)

A hospital director was investigated on suspicion of ordering an employee to perform a skin procedure that constitutes medical practice without face-to-face consultation with the patient, but the charges were dropped after it was acknowledged that the procedure was not medical practice. According to the legal community on the 20th, the Incheon Bupyeong Police Station decided not to forward Doctor A and two officials who were booked on charges of violating the medical law on the 1st of last month. Mr. A was investigated for allegedly ordering the procedure to a nursing assistant after determining the patient's condition based only on video data and consultations last year. I received it. Article 27 of the Medical Service Act prohibits non-medical practitioners from performing medical practices that may cause harm to health and hygiene. Mr. A denied the charges. Mr. A claimed, “The patient visited the medical institution in person and underwent consultation and photography, and based on this, we judged whether or not the procedure was necessary. The act in question was at the level of skin care management that did not involve direct harm to the human body or tissue deformation, and was a procedure carried out within the medical institution according to the judgment and instructions of the doctor.” The police also believed that the procedure was within the scope of skin care, rather than medical treatment, and was unlikely to cause significant harm to the human body. At the same time, it was determined that it could not be considered a violation of the medical law because the procedure was performed by a nursing assistant under the doctor's judgment, management and supervision within the medical institution. Lawyer Jang Se-chang of Daeryun Law Firm, who represented Mr. A, said, "Whether or not the medical law was violated should be determined by comprehensively considering the content and risks of the actual act and the degree of medical intervention, not simply a formal procedure such as face-to-face contact." revealed. Reporter Jeong Cheol-wook[View full article] Hospital director not guilty of ordering skin treatment for employee... “Skin care, not medical practice” (Shortcut)

All buildings must be equipped with firefighting facilities optimized for use and area in accordance with the 'Building Act' and the 'Act on Installation and Management of Firefighting Facilities (Fire Act)'. However, the moment the owner arbitrarily extends the veranda or erects an illegal partition in front of the emergency exit, the carefully designed fire protection system becomes neutralized. Areas expanded through illegal renovation become blind spots for sprinklers, and flammable interior materials used indiscriminately emit toxic gases in the event of a fire, seriously threatening the 'safety golden time'. The recent fire at the Daejeon parts factory that took the lives of about 10 people is also believed to have started at an illegally repurposed space, and warnings are being issued about its danger. ‘Formally illegal’ buildings built without a permit or ‘substantially illegal’ buildings that do not meet the requirements cleverly avoid the examination of essential restrictions such as firefighting facilities and parking facilities. In response to this, the Supreme Court ruled that even if the aesthetics of illegal buildings are simply improved, there is a risk of neutralizing the power of architectural administration if illegal buildings are left unattended, and it has made it clear that crackdown on illegal buildings is a legitimate execution to protect the important value of 'firefighting public interest' (see Supreme Court decision 87nu714, etc.). In fact, lack of firefighting facilities in illegal buildings leads to harsh legal liability. In a case where casualties occurred due to a fire in a building whose use was changed without permission, the court recognized the owner's liability for professional negligence causing death (Jeonju District Court 2015 Godan 902 decision), and in civil terms, strict compensation liability is imposed for damages caused by the non-operation of essential disaster prevention facilities such as sprinklers. In particular, the building owner is responsible for conducting regular self-inspections on firefighting facilities, etc. in accordance with Article 22 of the Fire Service Act, and if he or she neglects this, he or she may be subject to both civil and criminal liability. Since fire inspection is not a simple administrative procedure but a key safety device that prevents potential disasters, it is most important to receive assistance from a professional lawyer familiar with the field of construction administration regarding the interpretation of relevant laws and the scope of duty performance. Ultimately, the issue of illegal buildings goes beyond the realm of administration and is directly related to serious safety issues that threaten the people's right to life. The reality that it is difficult to completely block secret illegal modifications despite regular investigations causes the vicious cycle of only realizing after an accident that it was a 'human accident' to be repeated. Everyone in our society must seriously recognize that the 'value of safety' secured through compliance with regulations is incomparably greater than the temporary economic gain gained by evading the law. Reporter Lee Dong-oh (canon35@mt.co.kr)[View full article] A 'disaster time bomb' called an illegal building... Strict recognition of the 'value of safety' (link)

Recently, the Ministry of Employment and Labor announced the 2026 basic plan to investigate illegal receipt of employment insurance and began a large-scale special inspection on illegal receipt of unemployment benefits. In the past, if you only returned the amount you received illegally, you might be treated leniently or passed over quietly, but now the situation has completely changed. When caught, it has become difficult to avoid not only punitive additional collection of up to five times the amount of illegal benefits, but also heavy criminal punishment. Due to a moment of wrong judgment, they were left with a huge debt and faced an irreversible crisis. According to Article 116 of the current Employment Insurance Act, a person who receives unemployment benefits by lying or other illegal means is subject to imprisonment for up to 3 years or a fine of up to 30 million won. If a crime is committed in collusion with a business owner, the offender will be punished with imprisonment for up to 5 years or a fine of up to 50 million won. Hiding the fact of re-employment after leaving the company or income from part-time work, as well as false proof of job-seeking activities are all clearly illegal, and depending on the intentionality of the case and the scale of the damage, the possibility of even being charged with fraud and being sentenced to prison cannot be ruled out. A clear defense strategy from the early stage of the investigation is essential to prevent criminal punishment and excessive punitive recovery. Bluntly denying or making excuses for the charges will only be seen as an attempt to conceal the crime from investigative agencies and provide an excuse for aggravated punishment. Rather, you must acknowledge the facts, actively cooperate with the investigation, and objectively prove that there was no malicious intent to defraud by explaining that the act was accidental and unavoidable. In addition, promptly returning the full amount of illegally received funds and showing a sincere attitude of remorse are key requirements for eliciting leniency. No matter how severe the punishment is expected, going through this systematic explanation process can prevent the worst outcome. In fact, one case in which the author personally acted as the defense attorney and led to a non-indictment is a representative example. Client A received a total of 12 million won in unemployment benefits over 6 months. However, even though he was re-employed only two months after leaving the company, he submitted a false unemployment certificate to the employment center, and the approximately 8.5 million won he received after re-employment was caught as illegal, putting him at risk of heavy criminal punishment. The author focused on proving that Mr. A did not have malicious and deliberate intent to defraud. The extenuating circumstances, including the health difficulties and extreme economic hardship that Mr. A was experiencing at the time, were summarized as objective data and submitted to the investigative agency. In addition, Mr. A strongly expressed that he was deeply reflecting on all of his crimes and was actively cooperating with the investigation, and most importantly, he promptly and voluntarily returned the entire amount of money he had illegally received. Accordingly, the prosecution accepted the defense's arguments, including Mr. A's sincere attitude of remorse and the fact that the full amount of benefits was returned, and decided not to indict. Mr. A was able to safely avoid imprisonment and return to his daily life. In cases of illegal receipt of unemployment benefits, the results are sharply different depending on how the initial golden time before attendance at the Labor Office and police investigation is spent. Rather than hastily reacting out of embarrassment, the wisest solution to get out of a crisis is to collect fact-based evidence and systematically explain it with the help of a legal expert with extensive experience in criminal cases from the beginning of the case. Lawyer Wooyeonjin Woo of Daeryun Law Firm (Limited)[View full article] [Column] Amid the strengthening of crackdowns on illegal receipt of unemployment benefits, the importance of systematic explanation (link)

Expert on various risks by employment structure such as e-commerce, franchise, catering, manufacturing, etc. "2A union can be formed if there are more than one person.…Preemptive contract inspection required" After the implementation of the Yellow Envelope Act, the labor community's attention is focused on the distribution industry's employment structure that extensively utilizes multi-level subcontractors.. Logistics on site, service, There are voices saying that it is difficult to determine at what point usability issues will arise because each manufacturing industry has different contract types and work instruction methods.. Experts advise that subcontractors should be checked for signs of substantive control before a request for negotiation is made..17According to the distribution industry, e-commerce, department store, franchise, large supermarket, Potential issues under the Yellow Envelope Act appear differently depending on the employment structure and actual work control method of each industry, including food and beverage manufacturing.. Initially, the industry judged that mid-to-high-end sectors such as manufacturing and construction would be affected first, but the distribution industry, which is involved with outsourced manpower, is also trending to ignore risks..In the distribution industry, the first to request negotiations were the logistics sector, including the courier union and cargo union.. Accordingly, online and offline channel industries such as e-commerce platforms are directly affected.. In distribution channels, the logistics subcontract structure and the ratio of outsourced manpower utilization have increased due to competition in delivery speed.. The key issue is the usability issue for special types of workers such as delivery drivers.. Platform companies control the work of delivery drivers through algorithms and applications, but classify the contract type as individual business.. If the actual control of the main contractor, the platform headquarters, is proven, an obligation to negotiate with the subcontractor's union arises, and a breakdown may lead to a paralysis of the logistics network..In the department store, outlet, and duty-free industries, there is a dispatch risk arising from a specific purchase structure.. The majority of store sales staff are affiliated with the store brand rather than the distribution channel.. Observe business hours, If the distribution channel has a practice of directly controlling business operations, such as customer service manuals, it may be considered an exercise of actual control, and issues of usability may arise.. If evidence of direct work instructions from the main contractor is secured, financial pressure is likely to occur..In the franchise and convenience store industry, joint userability issues between franchisors and franchise owners are emerging.. The franchise headquarters provides logistics for brand unity., store management, Apply the service manual to franchisees. The store owner hires part-time workers, but working conditions and work intensity are subordinate to the headquarters manual.. The possibility has opened for workers at franchise stores to request direct negotiations with headquarters..Hypermarkets and the restaurant industry also face structural risks.. Large supermarkets have parking, US Dollar, The risk of direct employment was avoided by transferring security positions to subsidiaries, but the wage gap between employees directly managed by the headquarters and employees of subsidiaries remained an issue.. The practice of sending supplier employees to store management is also an issue.. Group catering companies entrust cooking and distribution staff.. If the primary contractor, the catering company, directly dictates the cooking time and hygiene standards, there is a possibility of user recognition.. The food and beverage manufacturing industry in-house subcontracts the production line., Logistics outsourcing, A complex subcontracting structure, such as dispatching promotional personnel, requires more detailed attention.. There is an urgent need to inspect subcontract contract actual control signs. There is a possibility that issues raised before the enforcement of the law will be rekindled with the implementation of the Yellow Envelope Act.. 2019In 2018, Lotte Mart hired suppliers’ employees without a separate written agreement. 906If the same situation is repeated, such as the case where a person was dispatched and was sanctioned by the Fair Trade Commission for illegal dispatch, legal liability may expand.. Hite Jinro 2022During the Korea Freight Workers' Solidarity Strike in 2011, the issue of whether the main contractor was responsible for direct negotiations emerged as an issue in relation to the demand for an increase in transportation rates by drivers belonging to logistics subsidiaries..The distribution industry is perplexed by unexpected risk exposure.. One industry insider said "Contrary to industry expectations before the implementation of the Yellow Envelope Act, the distribution industry appears to be exposed to risks first."saying "As distribution is a field directly related to people's livelihood, if labor-management conflict continues, it may also affect living prices."I was concerned.Experts advise that it is necessary to review subcontracts in advance before a request for negotiation is made.. Lawyer Bang In-tae of Daeryun Law Firm "There is no choice but to raise the standards for judging usability from past illegal dispatch lawsuits."as "Business hours that focus on the work itself rather than a contract that focuses on the outcome, dress code, If the work process is instructed in detail or the service fee is calculated based on the number of people and wages, you may be exposed to risk regardless of business type."said.Lawyer Bang continued: "For example, if a safety issue arises because the franchise headquarters imposes a dress code or enforces the use of certain machines, franchise workers can request negotiation with the headquarters."as "When a department store contracts with a cleaning subcontractor, if the service price is calculated in detail based on the number of people and wages involved, the target of wage negotiation for subcontracted workers is the main contractor, not the subcontractor's owner."explained. And then "It is a mistake to be confident that subcontractors do not have unions."He said "According to the union law 2Since it is possible to establish a union and request negotiation with just a name, management must be aware that the obligation to negotiate can arise at any time even without a large-scale national organization."added. Reporter Hwang Jeong-won (garden@sidae.com) [View full article] Distributors involved in dispatching, subcontracting, and franchises… Yellow Envelope Law Risks by Business Type (Shortcut)

A man in his 40s was accused of assaulting and confining his wife who was in divorce proceedings, but the indictment was dismissed after proving that his wife's claims were unreliable. According to the legal community on the 17th, the Daegu District Prosecutor's Office Pohang Branch cleared Mr. A, a man in his 40s, who was transferred on charges of injury and confinement on the 26th of last month. Mr. A was accused of assaulting his wife, Mr. B, at their home in November of last year, causing two weeks worth of injuries, and confining her to prevent her from leaving the house until the next day. Ms. B claimed that her husband assaulted her face and other areas several times in front of her children. On the other hand, Mr. A denied all charges, saying that Mr. B was making false claims in order to gain an advantage in the divorce suit. Mr. A countered, saying, “At the time my wife said she was detained, she had already gone to work, and the children who were at home also stated that there had been no assault.” The prosecution acknowledged that there was a fight between A and B, but judged B’s claim that she had been assaulted to be unreliable. This is because the witnesses' statements that the assault did not occur were consistent, and Mr. B's statement regarding the injury and the contents of the medical certificate were different. Attorney Kim Hyun-soo of the Daeryun Law Firm, who represented Mr. A, said, "In this case, there were many circumstances in which the spouse made up untrue facts and filed a complaint to pressure the spouse during the divorce lawsuit. We quickly secured objective circumstantial evidence and the children's statements from the beginning of the case, and actively explored loopholes in the injury medical certificate submitted by the other party to protect Mr. A's right to defense. “There was,” he said. Reporter Jeong Cheol-wook[View full article] Wife sues husband to win divorce suit... Prosecutors do not indict man in his 40s on assault charges (link)