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Press Coverage

Numerous media outlets recognize the expertise of Daeryun Law LLC.
Explore interviews, legal commentary, and columns by Daeryun lawyers.

2 places including Laurider
2024-07-18
법무법인 대륜·충남대 로스쿨, 우수 법조인 양성 MOU 체결
Daeryun Law Firm and Chungnam National University Law School signed an MOU to foster excellent legal professionals
Chungnam National University Law School fosters local legal talent who are well-versed in both legal theory and practice. Daeryun provides practical experience in a variety of fields, from civil and criminal to corporate law. Daeryun Law Firm (Liuhan) announced on the 17th that it has signed an MOU with Chungnam National University Law School (Law School) to foster excellent legal professionals. The MOU signing ceremony held on the 9th in the faculty conference room of the Chungnam National University Law Library was attended by CEO Kim Kuk-il and attorney Lee Ki-jun of Daeryun Law Firm, Director Seo Bo-guk and Vice-Director Kim Ki-seon of Chungnam National University Law School, Law Department Dean Choi Yun-seok, and Patent and Law School Vice Dean Woo Mi-hyung. Daeryun Law Firm (Limited) is currently operating the largest number of branch offices in the country. In the South Chungcheong region, we are also communicating with local clients through two offices. Established in 2009, the Chungnam National University Law School has grown steadily and is solidifying its position as the best legal training institution in the central region, producing 6 trial researchers and 5 prosecutors this year. Based on this agreement, the two institutions plan to improve the quality of local legal services by nurturing talent familiar with both legal theory and practice. Chungnam National University Law School students Daeryun Law Firm (Limited) plans to provide practical training opportunities to gain field experience, share legal-related research results and academic information, and join forces to strengthen the theoretical capabilities of prospective lawyers. Director Seo Bo-guk of the Chungnam National University Law Institute said, “As competition in the legal profession is becoming increasingly fierce, there is a need to go beyond simple theoretical studies and also build various practical capabilities.” He added, “If students accumulate diverse experiences at Daeryun, which is growing rapidly, they will become excellent lawyers. Kim Kuk-il, CEO of Daeryun Law Firm (Limited), said, “We are planning to expand the office as the Daeryun office is developing rapidly. We need active support from Chungnam National University Law School students.” He also said, “Daeryun has also begun preparations for overseas expansion to Japan and the U.S.,” adding, “We provide professional training so that students entering the practice can build global capabilities through Daeryun’s overseas branches.” “We will design a curriculum,” he said. Daeryun Law Firm (Lihan) plans to continue to reduce blind spots in legal services by signing MOUs with legal centers in each region across the country and take the lead in nurturing local legal talent.  [View full article] Law Leader - Daeryun Law Firm and Chungnam National University Law School sign an MOU to nurture excellent legal professionals (Go to the link) Law School Times - Daeryun Law Firm, this time signed a business agreement with the Law School of Chungnam National University (Go to the link)
Korean economy
2024-07-18
조세 대응 힘주는 대륜·YK…세종, 메디컬 경쟁력 강화 [로앤비즈 브리핑]
Dae-Ryun and YK strengthen tax response... Sejong Strengthens Medical Competitiveness [Law & Biz Briefing]
Law & Biz, Korea Economic Daily's legal and law firm media platform, will brief you on law firm industry news on the 17th.  Daeryun Law Firm Strengthens Tax Litigation Response Ability Daeryun Law Firm is strengthening its tax litigation response ability, including preemptive response to tax evasion risks, led by the Corporate Legal and Tax Administration Group. Under the direction of each group leader, teams of 3 to 20 people were formed, including not only tax attorneys but also accountants, tax accountants, and digital forensics experts. Attorney Won-il Won (28th class of the Judicial Research and Training Institute, right in the photo), who leads the corporate legal group, is a former judge and served as the head of the legal office at the legal office of POSCO Holdings and its subsidiary POSCO Future M, where he handled various corporate dispute cases. Attorney Kwak Nae-won (25th class), head of the Tax Administration Group, specialized in tax and administrative litigation while working at the Seoul Administrative Court in 2004, and is registered with the Korean Bar Association as a lawyer specializing in administration and inheritance. YK recruits lawyer Man-soo Han, a ‘master of tax law’ Law firm YK has recruited lawyer Man-soo Han (13th class, photo) as its representative attorney. Attorney Han is a tax law expert who has provided tax advice to large law firms such as Kim & Chang and Yulchon for over 20 years. Since 1998, he has participated in government tax system reform by serving as an advisor to the Tax Office of the Ministry of Finance and Economy, a member of the Tax Development Deliberation Committee of the Ministry of Finance and Economy, a non-permanent judge of the Tax Tribunal, and a member of the Tax Development Deliberation Committee of the Ministry of Strategy and Finance. It also completed major sales, such as Lehman Brothers' sale of Woori Bank's non-performing loans and Lone Star's sale of Gangnam Finance Center. With the addition of one lawyer, the number of lawyers at YK exceeds 300. Sejong Law Firm becomes the first of the top five law firms to acquire ISO17100 certification. Shin & Sejong Law Firm acquired the ‘International ISO17100 Translation Service Management System Certification’ from Lloyd’s Register (LRQA), a British International Organization for Standardization (ISO) review agency. It is the first among the top five law firms in Korea. ISO17100 is an international standard certification in the field of translation services established by ISO in 2015 and guarantees that the acquiring company is providing excellent quality translation services. Sejong, MOU with medical company Kimedi Law firm Sejong signed a business agreement (MOU) with medical platform company Kimedi, which has approximately 47,000 medical personnel as its customers. The purpose is to check in advance legal issues that customers in the medical and pharmaceutical fields, such as taxation, inheritance/gift, and personnel management, may face, and to cooperate closely in sharing the latest trends in related industries and know-how to respond to regulations. The Sejong Healthcare professional team has increased its competitiveness in the medical field by recruiting attorney Seongtae Kim (32nd class) from Kim & Chang, advisor Youngsik Byun, a pharmaceutical pricing expert, Byungjun Bae from the Ministry of Health and Welfare, Jinhee Lee (35th class), a former pharmacist and former judge, and Hyeyoung Park, former chief prosecutor of the food and drug crime investigation department at the Seoul Western District Prosecutors' Office (34th class).  [View full article] - Dae-Ryun and YK strengthen tax response… Sejong Strengthens Medical Competitiveness [Law & Biz Briefing] (Shortcut)
Segye Ilbo
2024-07-17
‘36주차 낙태’ 경찰 “엄중수사”·전문가 “살인죄 가능성”…단순 ‘비만’ 가능성도
‘36 week abortion’ police “severe investigation”, expert “possible murder”… Possibility of simple ‘obesity’
The Ministry of Health and Welfare is causing controversy after it released a video in which a woman in her 20s who filed a police complaint on suspicion of murder said she had an abortion at 36 weeks of pregnancy. In this case, which occurred after the abortion law was abolished, the Ministry of Health and Welfare filed a complaint with the police accusing the woman of ‘murder’, and the police announced a strict response policy. An expert who spoke to Segye Ilbo on the 17th said, “If you are pregnant at 36, this is the time when you can give birth,” and added, “It seems that whether or not the child dies will determine whether a murder charge is established.” On the other hand, some people suspect ‘manipulation’ and claim that it is “simply to attract the attention of obese women.” This is because there are many cases where individual YouTubers manipulate broadcasts to increase the number of subscriptions. As the police begin their investigation, it appears that the truth will soon be revealed. Previously, the Ministry of Health and Welfare received a complaint from the police requesting that they investigate YouTuber A (claimed to be in her 20s) and the doctor in charge of A's surgery on murder charges. Person A, who claimed to be a woman in her 20s, posted a video on YouTube on the 27th of last month titled ‘Total surgery cost 9 million won, 120 hellish hours’ and claimed that she underwent an abortion at 36 weeks of pregnancy. She added, "At first, I didn't know I was pregnant, but I thought I just gained a lot of weight. The result of my indifferent attitude made me want to die." Person A reported that after being refused abortion surgery at several hospitals, she underwent incision surgery at one hospital. In response to Mr. A's claims, the Ministry of Health and Welfare requested an investigation after receiving legal advice. It is known that this is the first time that the Ministry of Health and Welfare has requested an investigation into a case of full-term abortion. Under the criminal law, abortion was illegal for both the pregnant woman who caused the abortion and the doctor who performed the abortion, but in April 2019, the related article was ruled unconstitutional, and the crime of abortion was eliminated, so there are no punishment provisions. However, an official from the Ministry of Health and Welfare said, “We requested an investigation by referring to the court precedent that charged a doctor who aborted a 34-week fetus with murder,” and added, “We filed the complaint with the intention of asking for punishment if the facts (such as whether the abortion actually occurred) are correct.” The regulations that were determined to be unconstitutional are criminal laws, and the Enforcement Decree of the Maternal and Child Health Act (Article 15) allows abortions only within 24 weeks of pregnancy. Abortion after 24 weeks of pregnancy is illegal under the Maternal and Child Health Act. Considering that there is no punishment for abortion under the criminal law, the Ministry of Health and Welfare requested an investigation on charges of murder instead of violation of the Maternal and Child Health Act. In relation to this, Seoul Metropolitan Police Agency Chief Jo Ji-ho said at a regular press conference that day, “There is an expert opinion that it is possible to come out of the womb and live an independent life at 36 weeks.” He added, “Unlike other general abortion cases, we plan to investigate heavily.” He continued, “Traditional theories and precedents related to abortion do not recognize the crime of murder, but an investigation into the specific circumstances is necessary.” He added, “We will look at the applicable laws and charges after comprehensive fact-checking of various types (forms), such as death in the uterus or outside the uterus.” The legal community is also in the same position as Commissioner Cho. Attorney Na-ri Park of Daeryun Law Firm, who spoke to Segye Ilbo on this day, pointed out, “Under civil law, it is important to determine whether the child was alive at the time of birth. If the child was alive, it can be considered murder.” However, he explained, “If the child was dead, it cannot be considered murder,” and “36 months of pregnancy is the time when you can give birth right away. It is clear that the child was born by cesarean section or induced labor, but there seems to be a high possibility that the child is alive.” He added, “The issue in this case is for the prosecution to understand the records after childbirth,” and added, “It appears that medical records or closed-circuit television (CCTV) can be decisive evidence.” He added, “Actually, if you look at the 2021 case law, the Seoul Central District Court sentenced an obstetrician to prison for causing death by burying the child after giving birth through induced labor at 34 weeks of pregnancy,” adding, “At that time, the crime of abortion had been abolished.” Meanwhile, it has not yet been confirmed whether the claim of ‘pregnancy abortion surgery’ is true. The police said, “The investigation must begin with the premise that it is true.” On the other hand, some argue that it is “a self-made play by an obese woman.” However, this too has not been confirmed. The woman in question deleted all related videos after it became public knowledge through the media.  [View full article] - Police “severe investigation” into ‘36-week abortion’, experts say “murder possibility”… Possibility of simple ‘obesity’ (link)
3 places including Edaily
2024-07-17
법무법인 대륜 기업법무·조세행정그룹, 조세소송 대응 ‘풀가동’
Daeryun Law Firm’s Corporate Legal and Tax Administration Group is ‘in full operation’ to respond to tax litigation
Prepare countermeasures for each type... Establishment of specialized group collaboration response team Corporate tax and income tax reduction, tax authorities investigation, etc. Reduce disposition through explanation of transaction entities Daeryun Law Firm announced on the 17th that it is actively responding to tax evasion risks and tax litigation by linking specialized groups such as corporate law and tax administration. Daeryun's corporate legal and tax administration group takes the lead in order to effectively respond to civil, criminal, and administrative cases related to tax evasion crimes. Attorney Won-il Won, head of the corporate legal group, served as a judge at the Seoul Central District Court, etc., and served as head of the legal office at the legal office of POSCO Holdings and POSCO Future M and handled numerous corporate dispute cases. Attorney Nae-won Kwak, head of the tax administration group, handles tax and administrative litigation at the Seoul Administrative Court. As an administrative and inheritance lawyer registered with the Korean Bar Association, he plays a key role in preemptive response to tax evasion risks. Under the leadership of the group leader, a team of 3 to 20 people, including tax attorneys, accountants, tax accountants, and digital forensic experts in each field, is formed and responded depending on the size of the case. In particular, intensive tax investigations are being conducted on small and medium-sized businesses that have recently received corporate tax and income tax reductions from the National Tax Service. In this regard, we are fully prepared. Previously, the tax authorities have introduced support measures to reduce corporate tax and income tax within a certain percentage in case of regional dispersion of companies and suppression of overcrowding and establishment of businesses outside of regions. Currently, as the number of cases of abuse of benefits increases, tax investigations are being conducted to check at the national level. Daeryun provides professional assistance from the tax audit process. It prevents incorrect responses to tax investigations, such as hiding data or submitting false data in order to reduce the amount of tax to be collected, and helps prevent it from escalating into a tax violation investigation. Attorney Won Hyeong-il said, “A tax investigation is slightly different from the interpretation of ordinary legal acts. What the parties to the case see from an accounting or taxation perspective may be different, so consultation with an expert is necessary.” He added, “It is necessary to consult with an expert.” He said, "We will be able to prepare thoroughly in advance before the issue escalates." Attorney Kwak Nae-won emphasized, "If you receive expert help from the tax investigation stage, even difficult cases can be easily resolved without going into tax litigation. The initial response determines the outcome. If you are caught up in a related case, it is advisable to get help from a tax lawyer who can clearly analyze the facts, regulations, and legal principles."  [View full article] Edaily - Daeryun Corporate Legal Affairs and Tax Administration Group, ‘Full Operation’ to respond to tax litigation (Shortcut) Aju Economic Daily - [Law Firm Lounge] Daeryun Corporate Legal Affairs and Tax Administration Group, ‘Full Operation’ to respond to tax litigation (Shortcut) Tax Ilbo - Daeryun Corporate Legal Affairs and Tax Administration Group, ‘Full Operation’ to respond to tax litigation (Shortcut)
Money S
2024-07-16
[법률S토리] "나이 속이고 접근"… 미성년 추행 혐의 억울하다면
[Legal S Story] “Lying about age and approaching”… If you are unfairly accused of molesting a minor
'Increasing the age for feigned rape of minors' was unanimously decided to be constitutional. The main issue was whether or not prior knowledge of minors was a minor. On the 1st, the Constitutional Court ruled that the provisions of the criminal law punishing adultery by applying fictitious rape of minors to minors between the ages of 13 and 16 do not violate the Constitution. Article 297 of Article 305, Paragraph 2 of the Criminal Act, which stipulates punishment for adultery and molestation of minors; In the constitutional appeal case regarding Articles 297-2 and 298 (2022 Heonba 106, etc.), the judges unanimously decided that they were constitutional. According to Article 305 (Adultery and Molestation of a Minor) Paragraph 2 of the Criminal Act, if an adult over the age of 19 commits adultery or molestation with a minor between the ages of 13 and 16, it is considered rape, quasi-rape, or forcible molestation and is punished. It has nothing to do with the consent of the other party. Previously, this provision only applied when the victim was under the age of 13. However, as digital sex crimes against teenagers became controversial following the so-called 'N Room and Doctor's Room Incident', the Criminal Act was revised in May 2000. Paragraph 2 was newly established and the age standard was raised to ‘under 16’. This decision is the first judgment since the above provision was newly established. The Constitutional Court ruled that the provision did not violate the principle of prohibition of excessive sexual activity because it is a legal measure to protect minors from inappropriate sexual stimulation or infringing acts. The Constitutional Court said, “People between the ages of 13 and 16 cannot fully exercise their right to sexual self-determination, just like people under the age of 13.” The Constitutional Court said, “Even if the sexual act was done with consent, it is based on an incomplete understanding of the meaning of the sexual act, so it is not possible to fully exercise sexual self-determination.” “It cannot be evaluated as an exercise of the right to self-determination,” he said, explaining the reason for its constitutionality. The idea is that digital sex crimes against minors who lack the right to sexual self-determination are becoming more sophisticated, so minors should be protected more broadly. The petitioners for this constitutional petition are defendants who were indicted under the application of an increased age standard. The claimants claimed that the clause violated the principle of prohibition of excessiveness and violated the right to sexual self-determination and freedom of privacy. In particular, they said that this clause did not take into account the age, physical and mental maturity of the victim, or the specific relationship between the perpetrator and the victim. Limiting the punishment to those over 19 years old also raised issues. If you intentionally lied about your age in order to get a settlement, discussions on raising the age standard have been consistently raised, including the recommendation of the United Nations Committee on the Rights of the Child (UN CRC) to raise the age. This decision by the Constitutional Court goes beyond discussion and prepares practical measures as the exposure of youth to the risk of sexual crimes increases due to the activation of SNS, as in the 'N Room incident'. Recently, the court has been imposing stronger punishments on sexual crimes against minors. Article 302 of the Criminal Act stipulates that a person who commits adultery or molestation against a minor or a mentally weak person through fraud or force shall be punished by imprisonment for not more than 5 years. If rape is committed through assault or intimidation, it is punished in accordance with Article 7, Paragraph 1 of the Special Act on the Punishment of Sexual Violence Crimes, and is punishable by imprisonment for life or imprisonment for a fixed term of 10 years or more. Sometimes, the victim intentionally approaches the victim by lying about his or her age in order to get a settlement money, or Because it is difficult to identify age, if the act was committed under the assumption that the victim was an adult, charges may be unfairly applied. During the trial, whether prior knowledge of the fact that the victim was under the age of 13 becomes an important issue. At this time, you must prove that you did not know the victim's age through objective evidence. If you have been wrongfully accused, you must consult with a professional lawyer from the beginning of the case to come up with a plan to prove the circumstances at the time of meeting the victim. Legal assistance is needed to collect objective evidence and prevent intentionality from being recognized.  [View full article] - [Legal S Story] “Access by lying about age”… If you are unfairly accused of molesting a minor (Go here)
2 places including Edaily
2024-07-15
대륜, 마약수사 전담 부장검사 출신 김철 변호사 영입
Daeryun recruits lawyer Kim Cheol, former chief prosecutor in charge of drug investigation
Daeryun Law Firm announced on the 15th that it has recruited lawyer Kim Cheol (60, 24th class), a former chief prosecutor, who is expected to strengthen the capabilities of the detective group by taking charge of drug and violent crime investigations. After being appointed as a prosecutor at the Northern Branch of the Seoul District Prosecutors' Office in 1999, Attorney Kim Cheol worked at the Gwangju District Prosecutors' Office and the Incheon District Prosecutors' Office, and served as the Chief Prosecutor of the Busan District Prosecutors' Trial Department and the Chief Prosecutor of the Gwangju District Prosecutor's Office. While serving as a prosecutor, he led the investigation of various cases, including a defamation case related to Lee Jung-seop's forgery and a low-interest private loan fraud case worth tens of billions of won. In particular, he conducted drug investigations while working at the Gwangju District Prosecutors' Office, Busan District Prosecutors' Office, and Seoul Central District Prosecutors' Office. He was active in a dedicated department and was also in charge of drug-related investigations, including the case of smuggling 10 kg of Philopon. Even after taking off his judicial uniform in 2012, he took on many complex criminal cases, including sexual crimes, breach of trust, and aiding and abetting fraud, and obtained not guilty verdicts from the court. Currently, he serves as a supervisory member of the Saemaeul Geumgo Federation and an auditor at Star Vision Co., Ltd., providing legal advice to related companies in a wide range of fields. Gwangju Prosecutor's Office, Gwangju Prosecutor's Office, Gwangju Prosecutor's Office Attorney Kim, who served as a prosecutor at the Haenam Branch, plans to take charge of criminal cases in the Honam region at the Gwangju headquarters of Daeryun Law Firm. Attorney Kim said, “Recently, the types of crimes have become more diverse and their methods have become more sophisticated, so a professional response is essential.” He added, “The number of cases, especially in the case of drug crimes, is rapidly increasing every year, and I will do my best to assist my clients by utilizing my long experience in drug investigation.” said Kuk-il Kim, CEO of Daeryun Law Firm. “Daeryun’s criminal group has become even stronger with the addition of attorney Kim Cheol, who has extensive practical experience,” he said. “We will strive to recruit professional talent so that clients who visit Daeryun can receive higher quality legal services.” Daeryun Law Firm established a separate ‘Investigation Response Team’ within the existing criminal group early this year to strengthen its criminal case capabilities. We are providing premium legal services by continuously strengthening the ‘Evidence Investigation, Digital Forensics, and Security Group’ to collect and analyze evidence. [View full article] Edaily - Daeryun recruits lawyer Kim Cheol, a former chief prosecutor dedicated to drug investigations (Go to the link) Lo Issue - Daeryun Law Firm (Lihan) recruits lawyer Kim Cheol, a former chief prosecutor to the drug investigation (Go to the link)
2 places including The Fact
2024-07-14
법무법인 대륜, 숙박플랫폼 불공정 환불 정책 피해자 집단소송 돌입
Daeryun Law Firm initiates class action lawsuit against victims of unfair refund policy of accommodation platform
Daeryun receives a decision to temporarily seize bonds in a lawsuit requesting refund of accommodation fees. A lodging platform that was sued for failing to cancel reservations on the same day received a decision to seize the bonds. Daeryun Law Firm (Limited) announced on the 12th that it would recruit affected consumers and file a class action lawsuit. Recently, online communities and social media requested a refund because the quality was significantly lower than the accommodations booked, but the lodging platform cited internal regulations. Complaints such as refusal of refunds are increasing one after another. Daeryun pointed out that “even though consumers have expressed their intention to withdraw their subscription within a legal period, the damage is growing uncontrollably due to the accommodation platform that has a non-refundable policy.” The legal community is arguing that the accommodation platform only acted as an intermediary and is not a party to the contract, so it is not subject to the application of the Act on Regulation of Terms and Conditions (Terms and Conditions Act), and the accommodation company is also not a party to the contract. However, Daeryun said, "The number of victims is continuing to increase. We are currently receiving a flood of inquiries from consumers who have been harmed in similar cases. We are preparing a class action lawsuit to claim compensation for damages as well as refunds of lodging expenses. The results of the lodging fee refund lawsuit that we started will be the first step in class action lawsuits to be filed in the future." Daeryun argued that “the accommodation platform’s refund policy violates a number of laws, including the Electronic Commerce Act and the Terms and Conditions Act,” and that “the damaged consumer’s claim for the return of unfair profits is a legitimate request, and the refund policy can be considered invalid.”  [Read the full article] The Fact - Daeryun Law Firm initiates class action lawsuit for victims of unfair refund policy of accommodation platform (Go here) Law Leader - Daeryun Law Firm invites class action lawsuit for victims of unfair refund policy of accommodation platform (Go here)
Sports Seoul
2024-07-12
근로자 추락 사망…양벌규정으로 재판받았으나 공공기관 관계자 무죄
Worker falls to death... Tried under dual punishment provisions, but public institution official acquitted
A worker who was inspecting a gas pipe in an underground machine room was found not guilty by the fall death court, saying, "There is no evidence of work instructions or neglect without safety measures... acquitted." Public institution officials indicted in an accident in which a worker died after falling while inspecting a gas pipe in an underground machine room were found not guilty on charges such as manslaughter due to occupational negligence. On May 22, the Western Branch of the Busan District Court (Presiding Judge Soo-hong Kim) was found guilty of violating the Occupational Safety and Health Act and causing manslaughter due to occupational negligence. A public institution under the Ministry of Patriots and Veterans Affairs and Mr. B, the manager of the management department, who were handed over to trial, were found not guilty. Mr. C, the person in charge of the facility who was indicted on the same charge, was sentenced to 6 months in prison, 2 years of probation, and 40 hours of community service. Previously, in July 2021, worker D fell in the machine room on the first basement floor of a hospital in Busan in the process of inspecting and working on a problem with a nitrogen gas pipe. He was later taken to the hospital and received treatment, but died. The incident occurred at the Busan branch of public institution A, but was prosecuted under the dual punishment rule. The dual penalty provision is a system that punishes the offender and holds the corporation or individual responsible when a representative or executive or employee violates the law. The court stated the reason for the acquittal, saying, “There is no evidence to suggest that the defendants, public institution A and Mr. B, were in charge of administrative work and instructed or neglected to work without taking safety measures.” It added, “Mr. C, the person in charge of the facility, is a practitioner who directly manages and supervises the work, and should be seen as a professional negligence for failing to take necessary safety measures.” The defendant added. Daeryun Law Firm (Liuhan), which served as legal representative, said, “A violation of the Occupational Safety and Health Act applies when the business owner or actor orders work without taking safety measures in relation to work with safety risks stipulated by law at the workplace, or neglects the work while knowing that work is being done without safety measures in place,” adding, “Defendant B, as an administrative officer, did not know the specific work of the machine room. The work log was also written in a formal way, and there was no evidence to suggest that he was aware of this.” Accordingly, the Corporation also came to the conclusion that punishment is not possible under the dual punishment provisions,” he explained. He also said, “It cannot be said that there was a specific and direct violation of the duty of care by the defendant, Mr. C, such as ordering the victim to exclude himself from work due to safety issues, and an agreement was reached with the bereaved family, so they do not want to be punished.” Meanwhile, the Act on Punishment for Serious Accidents, etc. stipulates the punishment of business owners, management managers, corporations, etc. who violate the duty of safety measures under the Occupational Safety and Health Act and causes serious accidents, starting this year. It was also implemented in workplaces with fewer than 50 employees. If a serious accident occurs due to failure to fulfill obligations, the business owner or manager may be subject to imprisonment for more than one year or a fine of up to 1 billion won. Corporations can also be fined up to 5 billion won under the dual penalty rule.  [View full article] - Worker falls to death... Although tried under the dual punishment provisions, public institution officials were acquitted (link)
lowrider
2024-07-11
법원, 미성년자 노출사진 전송요구 혐의 30대 남성···법정구속 면한 사연
Man in his 30s accused of requesting to send explicit photos of minors in court... Story of evading court arrest
Even if there is no conversation or sexual contact for the purpose of sexual exploitation of a minor, imprisonment can be punished. Incheon District Court Judge Kim Saet-byeol takes into account sentencing factors such as first offense and victim agreement... and sentences a suspended sentence. A ruling was made to sentence a man in his 30s to a suspended prison sentence for exchanging explicit photos with a minor victim using a chat app. Judge Kim Saet-byeol of the Incheon District Court, Criminal Division 11, recently issued a ruling on the sexual protection of children and adolescents. Mr. A (32 years old), who was indicted on charges of violating the law ('Youth Sexual Protection Act') (conversation for the purpose of sexual exploitation, etc.), was sentenced to '4 months in prison and 2 years of probation.' According to the prosecution's indictment, Mr. A was accused of engaging in obscene chatting with a victim he found out through a chat app in March 2023 and receiving body photos, etc., on a total of 12 occasions. Charges of sending messages requesting obscene acts more than 100 times were also applied. The victim's age at the time was confirmed to be 15 years old. Conversation for the purpose of sexual exploitation of minors is a crime newly established in Article 15-2 of the Youth Sexual Protection Act in 2021 to punish the act of repeating sexual conversations among the crimes of 'online grooming'. Even if there is no such crime, it is a serious crime that can result in a prison sentence. In particular, if a conversation for the purpose of sexual exploitation occurs while the other person is recognized as a minor, a more severe punishment will be imposed. In this criminal trial, Mr. A's legal representative argued that the defendant did not intentionally approach the victim and that he committed the crime after being unable to withstand the temptation of the victim who was actively engaging in sexual conversation while in a psychologically weak state due to financial difficulties. In addition, Mr. A has never been punished other than this case. He argued that it was his first offense, and that he had reached an agreement with the victim and that the victim had expressed his intention not to punish Mr. A. Shin Yong-hoon, a lawyer at Daeryun Law Firm (Lihan), who represented Mr. A as the legal representative in this case, said, “In this case, the defendant also sent a photo of his body under the active leadership of the victim. In this case, an accurate understanding of the facts and a strategic defense are necessary to prevent the case from going in a direction that only favors the victim.” He added, “Recognize that the victim is a minor. “The reality is that under certain circumstances, the punishment is more severe. However, in this case, the fact that it was a first offense and the application for non-punishment could have been taken into consideration,” he explained.  [View full article] - Court holds that a man in his 30s was accused of requesting the sending of explicit photos of minors... Story of avoiding court custody (Go here)
4 places including Smart Times
2024-07-09
법무법인 대륜-인하대, 예비 법조인 육성 MOU 체결
Daeryun Law Firm and Inha University signed an MOU to foster prospective lawyers
Daeryun Law Firm (Lihan) announced on the 9th that it signed an MOU with Inha University Law School (Law School) to foster prospective lawyers. The MOU signing ceremony held at the Daeryun Incheon Headquarters on the 4th was attended by Daeryun Law Firm CEO Kuk-il Kim, attorney Gwang-deok Kim, attorney Gwang-woo Lee, Inha University Law School Dean Young-jin Jeong, Vice Dean Young-hwa Son, and Vice President for Planning and Cooperation Kim Lin. This agreement was signed to support the growth of excellent prospective legal professionals in the region and foster future generations in a situation where the legal recruitment market is less smooth than before. The two organizations entered into an agreement. Through this, we will ▲improve regional differences in legal services ▲contribute to the development of local legal society ▲nurture future legal experts. Daeryun Law Firm plans to provide an internship course to Inha University School of Law students to gain direct experience in the field. Through this, students will have the opportunity to apply theory to practice. Both sides also plan to hold an argument contest. Students will be able to strengthen their oral argument skills and information delivery skills by directly experiencing the legal argument method used in practice. Director Jeong Young-jin of Inha University Law School said, “This agreement, which was concluded in a situation where the recruitment market atmosphere is not the same as before, is meaningful.” He added, “I have high expectations that the agreement with a large law firm called Daeryun Law Firm will be a great help in accumulating practical experience for students.” said Kim Kuk-il, CEO of Inha University Law School. “We plan to provide Daeryun’s talent development system to students,” he said. “I hope it will serve as a catalyst for the growth of outstanding local talent.” He added, “We will provide practical experience to Inha University Law School students and, if necessary, cooperate in revitalizing research and education, such as providing legal consultation support, joint research, and invited lectures.”  [View full article] Smart Times - Daeryun Law Firm and Inha University sign MOU to foster prospective legal professionals (Go to Law School Times) - "We will work together to foster legal professionals" Daeryun Law Firm and Inha University Law School Business Agreement (Go to) Kiho Ilbo - Inha University Law School, and Daeryun Law Firm to foster prospective legal professionals (Go to) Law Journal - Daeryun Law Firm, Coexistence between local law schools and ‘nurturing prospective legal professionals’ (Go here)
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