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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.

lowrider
2024-06-25
대륜, 고객만족센터 접수 1,000건 돌파···“피드백으로 성장하는 로펌”
Daeryun, Customer Satisfaction Center registration exceeds 1,000... “A law firm growing through feedback”
Customer Satisfaction Center has been in operation since last October... Expanding two-way communication with customers “Actual reviews will serve as a differentiated guide for prospective customers”Daeryun Law Firm (Limited) announced on the 24th that while operating a customer satisfaction center and strengthening customer-centered management, the accumulated reviews at the customer satisfaction center recently exceeded about 1,000. As part of customer-centered management, Daeryun has been operating a customer satisfaction center since October of last year to provide an information center to receive feedback from various situations, such as vivid reviews and inquiries from customers who have experienced the company's legal services and evaluations of legal service progress. The Daeryun Customer Satisfaction Center reflects customer feedback in real time to provide better services. The goal is to identify customer inquiries, quickly present alternatives, and achieve continuous internal development based on the information. In particular, the Customer Satisfaction Center has the advantage of being able to provide quick and accurate work processing tailored to the customer's level, from inquiries to feedback. Daeryun shares the feedback received by customers who received legal services from all over the country to the center so that all office members can check, and this is said to have the effect of boosting member morale and improving legal services. Reviews of offices and lawyers are also posted on the website, and it is said that this is receiving a positive response from customers in similar situations. Customers who wish to suggest improvements to Daeryun's legal services can inquire through the Customer Satisfaction Center on Daeryun's official website. Kim Kuk-il, CEO of Daeryun Law Firm, said, “Daeryun is a law firm that grows with customer feedback. We provide legal services so that customers can conveniently use legal services anytime, anywhere. “We have decided to operate a customer satisfaction center,” he said. “We will provide differentiated guidance to prospective customers who make decisions based on actual customer reviews. Furthermore, because it is the starting point of customer satisfaction, we will strive to maintain and provide the best service through continuous improvement of legal services.” [View full article] - Daeryun, Customer Satisfaction Center registration exceeds 1,000... “A law firm growing through feedback” (Shortcut)
Tax Daily
2024-06-24
법무법인 대륜, 조세포탈 리스크 선제 대응 나선다
Daeryun Law Firm takes preemptive response to tax evasion risks
Interview with attorney Won-il Won, head of the corporate legal group, and Naewon Kwak, head of the tax administration group, investigation into corporate tax and income tax reduction tax authorities, False tax calculation, Preemptive response including tax evasion punishment Daeryun Law Firm Corporate Legal Group and Tax Administration Group announced that they will take preemptive response to tax evasion risks. Daeryun recently moved its headquarters to Yeouido and, It was said that the goal was to strengthen tax and corporate legal capabilities..The Corporate Legal Group plans to effectively resolve cases related to tax evasion crimes by linking with the Tax Administration Group.. especially, Corporate legal affairs depending on the size of the case, tax, Accountants, including civil and criminal lawyers, Digital forensics expert, etc. 3~20As a person TF Form a team and take action.Daeryun Corporate Legal Group Head Won Won-il Chief General Counsel, Kwak Nae-won, chief general counsel and head of the Tax Administration Group, gave an opinion emphasizing the importance of consulting with legal experts, especially in recent tax evasion cases. 24revealed.Attorney Won-il Won 'Recently, the National Tax Service is conducting intensive tax investigations on small and medium-sized businesses that received corporate tax and income tax reduction benefits.'About "Geographical dispersion of companies, Corporate tax when starting a business outside of an overpopulation control area, Many support measures have been introduced to reduce income tax within a certain percentage."as "As the amount of tax reduced through the special tax system became significant, it was necessary at the national level to check whether it was used for the right purpose., It is intended to be used to supplement the currently insufficient tax revenue."It was evaluated as.And then "A significant amount of tax investigations are being conducted on small and medium-sized businesses that were founded at the time."explained.Attorney Kwak Nae-won "Our corporation also responds to various tax investigations.. There are many cases where people are so nervous just because a tax investigation is about to begin that they are unable to claim anything legitimate.. Furthermore, there are many cases in which cases that could be handled as simple tax collections are converted into tax violation cases by concealing data or submitting false information in order to reduce the amount of tax to be collected."While conveying "Even if you undergo a tax audit, consult with an expert., There are surprisingly many cases where it is possible to persuade the tax authorities if you explain the transaction in accordance with its substance, so it is advantageous to get help from an expert rather than trying to solve it on your own."advised.Attorney Won shared his experience with a tax case that seemed somewhat difficult. "Tax audits are slightly different from the interpretation of ordinary legal acts.. Since the person who actually transacts according to the law becomes a problem, if you are involved in a related incident, what you think and what the accounting, Views from a tax perspective may differ, so consultation with an expert is necessary."He emphasized.Meanwhile, Attorney Kwak also introduces his experience serving as a judge in the court. "tax, Administration was specifically treated as a specialized field., Working as a lawyer 20During my years of work, I have encountered countless cases, but, Taxation and administration are always difficult fields."saying "Therefore, if you need to initiate a difficult tax or administrative lawsuit, it is best to request the lawsuit from a lawyer who is an expert in that field."said.When asked about the merits of Daeryun in the tax evasion case, Attorney Won said: "In case of main wheel △Attorney with direct experience responding to tax investigations while working for a company △Various tax-related crimes, including violations of the Tax Criminal Punishment Act, Lawyer with a background in courts, prosecutors, and police who directly handled administrative cases △three days, The advantage is that accountants in charge of the tax department at major domestic accounting firms, such as Samjung Accounting Corporation, can provide one-stop service from the start of the tax investigation to the final court ruling."It was introduced as.Attorney Kwak also "The first step in a tax evasion case is the tax investigation stage.. It is most necessary to communicate sufficiently with the National Tax Service official during the tax audit stage.. Explain the substance of the transaction through clear data, or, Even if the case is not resolved as intended, the case can be concluded by paying taxes. 3It is important to act as a stepping stone so that friendly communication can take place between parties.. In Daeryun 1We are providing these services gradually."He expressed a cautious stance, saying that this may be Daeryun's unique advantage..Regarding what to do if you are involved in a tax crime, Attorney Won said: "In the case of tax reduction cases related to youth start-ups or start-ups outside of overcrowding control areas, which are currently problematic., Tax audits are being conducted extensively on individual business owners, not corporations., portal, Depending on the amount of tax exemption, a person may be sentenced to life imprisonment for violating the Act on the Aggravated Punishment of Specific Crimes."as "Recently appointed or, In the cases we consulted on, many cases are self-employed and have no experience with tax investigations, so they often respond uncooperatively to investigations, such as refusing to submit even basic information requested by tax authorities or hiding key information.. Surprisingly, in many cases, it is not difficult to persuade when submitting the necessary data and explaining the transaction entity, so we recommend that you first consult with an expert such as Daeryun."advised.Attorney Kwak "Recently, in Daeryun 'Startup' In cases where whether or not the 'Startup'There are also cases where the tax reduction amount was exempted by being recognized as"While introducing "I emphasize this again and again, but if you are being investigated or investigated for related information, you must seek out an expert."added.Attorney Won spoke about Daeryun’s direction regarding corporate tax crimes. "Companies are very conservative clients"He said "It is important to refine the facts of the client's case and properly convey them to the tax authorities.. Communicate closely with other groups when necessary, We will work together to solve the case"He emphasized that.Attorney Kwak said about this issue: "When a corporate client is investigated by the National Tax Service on suspicion of tax evasion, from the initial stage, a lawyer from the corporate legal group and a certified public accountant within the corporation will discuss the facts and regulations., It is important to dig into the legal principles and respond quickly."He said he was doing it "Participation in the investigation by the National Tax Service and investigation by investigative agencies, We will do our best to ensure that our customers' interests are protected through legal procedures through trials."said.  [View full article] - Daeryun Law Firm, Taking preemptive action against tax evasion risks (Go to)
Segye Ilbo
2024-06-23
음주 뺑소니 20대 ‘위험운전’ 혐의 ‘무죄’…왜?
20-year-old drunk hit-and-run found not guilty on dangerous driving charges... why?
Law Sentenced to ‘2 Years Probation’ A driver who caused an accident while drinking and driving with a blood alcohol level of around 0.170%, then ran away and then turned himself in was found not guilty in court of the charge of ‘dangerous driving.’ The court pointed out, “Just because you drive while drunk does not immediately mean that you are in a state that makes normal driving difficult.” According to the legal community on the 21st, Daejeon District Court 5-3 Criminal Division (Presiding Judge Lee Hyo-seon) found Mr. A, a man in his 20s, not guilty of dangerous driving, as in the first trial, who was indicted on four charges, including causing injury by dangerous driving, causing death by fleeing, causing injury after an accident, and drunk driving. However, the remaining three charges were acknowledged and sentenced to eight months in prison and two years of probation. Mr. A was driving after drinking at around 0:01 on December 12, 2021, and collided with a vehicle that entered the intersection from the other side at Jangsan Intersection in Taean, South Chungcheong Province. The other vehicle was damaged by the impact and four people in their 20s in the car were injured, but fled without taking any action. However, he immediately returned and surrendered himself to the police, and Mr. A's blood alcohol level measured at that time was 0.170%. The prosecution claimed that Mr. A injured the victim because he was not careful due to the influence of alcohol. According to Daeryun Law Firm, if your blood alcohol level is 0.1% or higher, you are usually sentenced to 1 to 2 years in prison or a fine of 5 to 10 million won. Under the current law, a person is punished for drunk driving even if the blood alcohol concentration is only 0.03%, and the prosecution also used this situation as a basis. However, the 1st and 2nd trial courts found that Mr. A was not guilty of causing injury by dangerous driving. The court cited the following as grounds: △ Mr. A, who was stopped at the stop line, moved slowly when the traffic light changed to a flashing signal at midnight and two other vehicles crossing the intersection passed; △ When Mr. A's vehicle passed through the middle of the intersection, the victim's vehicle entered the intersection late at a considerable speed without slowing down from the side; △ The fact that the victim's vehicle, which discovered Mr. A's vehicle late, turned to the right. In addition, it was pointed out that just because Mr. A drove while drunk at a level of 0.170%, it does not immediately mean that he was in a state that made normal driving difficult. The first trial court found that the main fault of this accident was the victim's vehicle, and the second trial court also ruled that the accident occurred due to a combination of the victim's negligence and Mr. A's negligence in neglecting his duty to look left and right. The second trial court explained the reason for sentencing by saying, “If we add the circumstances that the original trial used as the basis for innocence and the facts and circumstances based on the evidence legally adopted, it is difficult to say that the evidence presented by the prosecutor alone proved that ‘normal driving is difficult due to the influence of alcohol.’” “Because there is no violation of factual misconception or misunderstanding of legal principles claimed by the prosecutor in the original trial’s judgment of innocence, we do not accept the appeal for the ‘dangerous driving injury’ portion,” and explained the reason for sentencing. Meanwhile, if you are caught for drunk driving, you will be subject to both criminal and administrative sanctions. If your blood alcohol concentration is 0.03% or more but less than 0.08%, you will be subject to 100 demerit points (100-day license suspension). If your blood alcohol concentration is 0.08% or higher, your driver's license will be revoked for one year. At this time, anyone who refuses to take a breathalyzer test will also have their license revoked for one year, and anyone who has been caught more than twice will have their license revoked for two years.  [Read the full article] - A man in his 20s found not guilty on the charge of ‘dangerous driving’ in drunken hit-and-run… why? (Shortcut)
OhmyNews
2024-06-20
180억 전세사기범 2심도 징역 15년 중형 유지... 피해배상은?
18 billion won jeonse fraud offender, 2nd degree, 15 years in prison, heavy sentence maintained... What about compensation?
Busan District Court "dismisses the defendant's appeal"... Victims say, "We shouldn't go to the Supreme Court" In the first trial of the 18 billion won jeonse fraud case in Busan last month, the court sentenced the defendant to a heavier sentence than the prosecutors recommended, saying, "It is a serious crime of using the rental deposit, which is almost the entire property of ordinary people, as a means of profit-seeking." On the 20th, the appeals court also upheld this judgment. The victims and civil society reacted by saying that a natural conclusion had been reached. Criminal Division 4-1 of the Busan District Court dismissed the appeal of Mr. Choi, in his 50s, who was indicted on fraud charges at the sentencing hearing held in courtroom 354 on this day. The court, which considered the original trial's sentence to be appropriate, did not accept the defendant's argument, saying, "There are no special circumstances to change it." After the first trial sentence, Mr. Choi immediately submitted an appeal, saying that the sentence was severe. Mr. Choi was handed over to trial on charges of failing to return 18 billion won in rental deposits received from 229 tenants of 9 buildings, including studio apartments, through capital-free gap investment from 2020 to January of last year. The damage amount at the initial indictment stage was 16 billion won, but the amount increased as additional damage was confirmed. Regarding this, Choi's lawyer protested, saying, "We are making efforts to repay," but the prosecution requested a 13-year prison sentence from the court due to his denial of the crime and lack of remorse. However, Detective 1 of the Eastern Branch of the Busan District Court in charge of the case increased the actual sentence to 15 years. The crime is serious and the social harm is great, so a heavy sentence is inevitable.  At the time of the ruling, the judge's courtroom remarks that made the victim cry received attention. Chief Judge Park Joo-young, who introduced the names of those who collected the deposit from Mr. Choi and the contents of the petition, pointed out the problem of the social system that created good victims, saying, "Please never blame yourself or blame yourself." He said he desperately hopes for their return to normal life. Since the appeals court also found that there was no problem with the first trial's ruling, if Choi does not knock on the door of a higher trial, the sentence could be confirmed as is. However, victims were concerned about the possibility of going to the Supreme Court. Mr. Choi, in his 30s, a victim of a rental fraud who left the court, said, "I did not receive a deposit, and there was no apology. It would be completely unacceptable to appeal after causing such pain." Despite successive convictions, compensation for the damage they are suffering is difficult to resolve. Son Soo-yeon (Daeryun Law Firm), the victim's lawyer, said, "Even though the sentence was maintained, there was no actual damage recovered, so it seems like we need to look into civil affairs, etc." and added, "The victims would normally try to reach a settlement at this level, but they feel devastated by the defendant who has not even said an apology to the point of being shameless." Civil society also agreed with the victim's claim and the court's judgment. An official from the Busan Civil Society Countermeasures Committee to resolve the problem of jeonse fraud and tin rent, which is formed by Busan People's Solidarity for Participatory Democracy and Busan People's Defense, pointed out, "This is a result of reaffirming that jeonse fraud is a serious social crime," and added, "As Mr. Choi spoke of forgiveness and payment for his crimes in his court statement, he must accept the sentence and begin to recover as a victim."  [View full article] - 18 billion won jeonse fraud 2nd degree sentence: 15 years in prison maintained... What about compensation? (Shortcut)
daily
2024-06-20
법무법인 대륜, 엔터테인먼트 투엠과 MOU 체결
Daeryun Law Firm signs MOU with Entertainment 2M
2M CEO Jang Hyeon-guk said, "Organic collaboration through MOU with Daeryun will be of great help."Daeryun CEO Go Byeong-jun said, "We will provide high-quality legal services from experts." Daeryun Entertainment and Sports Group of Law Firm (Limited) announced on the 14th that it signed an MOU with Entertainment 2M. According to Daeryun Law Firm (Limited) on the 20th, the MOU signed on the 14th at the headquarters in Yeouido included Daeryun CEO Kim Kook-il, CEO Go Byeong-jun, and Entertainment 2M. Representatives including CEO Jang Hyun-guk, director Han Eun-jeong, general manager Park Sang-guk, and planning manager Seung-hyeon Cho were in attendance. Entertainment 2M is a creative entertainment company that creates culture and arts, including operation of events such as the 2022 Youth Companion Meeting, Free Youth Solidarity Declaration Ceremony, and 2023 Youth Day, performance planning, advertising agency, and design. Through this agreement, ▲contract and transaction structure consulting ▲review of various contracts ▲entertainment industry Measures for related disputes will be prepared ▲We plan to cooperate with each other in sharing various issues related to the entertainment industry. Entertainment 2M CEO Jang Hyeon-guk said, "We expect that organic collaboration through the MOU with Daeryun will be a great help in creating a sound performance culture that 2M Entertainment is pursuing. Entertainment 2M needs legal advice in the overall culture and arts field in leading the cultural industry in various fields. Daeryun will be helpful." “I think so,” said Go Byeong-jun, CEO of Daeryun. “Compared to the quantitative and qualitative growth rate of the Korean entertainment industry, the reality is that legal and institutional regulations are not keeping up with the industry’s growth rate, and as a result, numerous legal disputes may arise,” he said. “Daeryun Entertainment and Sports Group will contribute to fostering the cultural industry by providing high-quality legal services from experts with abundant experience in the entertainment and sports fields, where various legal disputes can arise.” As the field is rapidly emerging as a high value-added business, the Entertainment and Sports Group has been established to professionally respond to various legal issues.  [View full article] - Daeryun Law Firm signs MOU with Entertainment 2M (Click here)
Segye Ilbo
2024-06-20
음주혐의 벗어난 김호중, 시민들 ‘공분’…법조계 “용서받기 힘들 것”
Kim Ho-joong, cleared of drinking charges, citizens' public outrage... Legal world: “Forgiveness will be difficult”
Running away after drunken hit and run(obstruction of justice)Alcohol measurement is impossible, Shin Young University ‘Kim Ho-jung prevention method’ Trot singer Kim Ho-jung accused of hit-and-run while drunk driving(33)While Mr. Kim and the representative of his agency were arrested and indicted, ‘drunk driving charge’is being excluded, causing public outrage.. “I drank alcohol, but I am not drunk driving.”There is criticism that the claim has become a reality and that the loopholes in the judicial system have been clearly revealed.. In the end, Democratic Party of Korea lawmaker Shin Young-dae issued a so-called speech containing angry public opinion.(tentative name) ‘Kim Ho-jung prevention method’It was proposed until. Experts point out that he is a celebrity loved by the public. “It will be hard to be forgiven”pointed out. Seoul Central District Prosecutors' Office Detective5wealth(Chief Prosecutor Kim Tae-heon)is ahead 18Mr. Kim violated special price law(Dangerous driving injury, Fleeing fatal injury), Violation of road traffic laws(Post-accident measures), He was arrested and indicted on charges of instigating criminals to escape from India.. After transferring the case, the prosecution conducted forensics and call records of the defendants' mobile phones and closed circuits.(CC)TV It was revealed that through image quality improvement, etc., it was clearly established that Mr. Kim had difficulty driving normally due to the influence of alcohol.. However, due to Mr. Kim's obstruction of justice, such as changing drivers, it was impossible to measure blood alcohol concentration, which was a violation of the Road Traffic Act.(drunk driving) part was not prosecuted. Reverse estimation of blood alcohol concentration ‘Widmark’ It was believed that it was difficult to specify the drinking level using the formula.. ‘Widmark’ The formula estimates the blood alcohol concentration level at the time of driving by applying a general reduction value., Kim's obstruction of justice(Running away after committing a crime)This is because the exact figure is not known.. Afterwards, he took his time denying the drunk driving charge, citing his manager as the leader.. Ultimately, the police, unable to measure Mr. Kim's exact level of alcohol consumption at the time of the accident, applied the Widmark formula and determined that Mr. Kim's blood alcohol level at the time of the accident was the standard for license revocation.(0.03%)It was judged to be over the limit and handed over to the prosecution.. The prosecution “We will do our best to maintain the prosecution so that a sentence commensurate to the crime is imposed., In the future, the lives of innocent citizens will be threatened. ‘Running away after a drunken car accident’We will respond sternly to obstruction of justice that plays with the judicial system.”said. As loopholes in the law are revealed, calls are being made to revise the law.. ‘my2Kim Ho-jung incident of’Improve weedmark accuracy to prevent, This is because regulations are needed to punish intentional interference with measurement.. Shin Young-dae, a member of the National Assembly's Planning and Finance Committee and the Democratic Party of Korea, said, ‘Kim Ho-jung prevention method’(Partial amendment to the Road Traffic Act)The day before(19Day) proposed. The amendment proposed by Rep. Shin prohibits drinking additional alcohol for the purpose of making it difficult to measure drunkenness., In case of violation 2more than a year 5Imprisonment of less than one year 1000More than 10,000 won 2000It is subject to a fine of less than 10,000 won.. Rep. Shin “Intentional additional drinking is a serious crime of avoiding responsibility for one's actions and willfully obstructing the course of justice.”pointed out. The legal community predicted that he would not be able to avoid imprisonment.. Lawyer Kim In-won of Daeryun Law Firm said on this day,(20Day) In a phone call with Segye Ilbo “Even though Mr. Kim was not indicted for drunk driving, he was charged with causing injury by dangerous driving and causing injury while fleeing under the Aggravated Punishment Act for Specific Crimes., Post-accident measures under the Road Traffic Act, He was indicted on charges of instigating the escape of criminals.”as “Even if an accurate breathalyzer test was not performed CCTVLooking at the vehicle in , injuries were caused while normal driving was impossible., In particular, no relief measures were taken.”pointed out. mudfish “Mr. Kim is a celebrity loved by the public and has received love and support from fans.”as “However, I drank alcohol before the performance.. This is a musician(tenor)There seems to be a problem as. As a lawyer and musician, I can't even imagine drinking alcohol before a performance.”and pinched. And then “The sense of betrayal fans will feel is indescribable.”as “Mr. Kim has two problems:. Drunk driving itself is bad, but betraying the trust of fans is difficult to forgive.”and said. In addition, Attorney Kim “This corresponds to a reason regarding normality., The punishment can be severe.”as “An agreement was reached with the victim, but a prison sentence is expected.”He predicted that. Meanwhile, Mr. Kim last month 9day night 11city40He is suspected of running away after causing an accident by hitting a taxi on the opposite side of the road in Apgujeong-dong, Gangnam-gu, Seoul.. Instead of Mr. Kim, who ran away immediately after the accident, Mr. Kim's manager falsely surrendered himself. 'change driver' suspicions were raised. Mr. Kim went into hiding. 17After some time, he appeared at the police station and admitted to driving.. Mr. Kim, who denied the suspicion of drinking, CCTV When the circumstances of drinking were revealed, including in the video, 19He admitted to drinking on the job. 24I was arrested. Seoul Gangnam Police Station last month 31Mr. Kim and his agency officials were sent to the Seoul Central District Prosecutors' Office.. Mr. Kim said the accident occurred. 3510,000 people passed by 13It was revealed that there was an agreement with the victim.. Kim Ho-jung’s side “Agreement with the victim was delayed because the police did not provide contact information.”However, the police “What you didn't try”He refuted that. The police “It's personal information, so the police shouldn't give out your number.. (contact information) The police who did not inform us followed the rules well.”He emphasized that. And then “You should make an effort to identify the victim and find a taxi company, not blame the police.”He said emphatically.  [View full article] - Kim Ho-joong cleared of drinking charges, citizens ‘public resentment’…bar “It will be hard to be forgiven” (Go to)
Sports Seoul
2024-06-19
2번째 음주운전에 무죄?…‘처벌기준 미치지 못 해’
Not guilty on second drunk driving charge?... ‘Failure to meet punishment standards’
Widmark formula applies the blood alcohol concentration calculation technique at the time of drunk driving. It is not possible to determine whether the blood alcohol concentration exceeds the punishment standard at the time of actual drunk driving. As a result, the blood alcohol concentration rises at the time of arrest... Emphasized that it was probably lower at the time of driving. A man in his 40s who had a history of being punished for drunk driving drove drunk again, but was acquitted by applying the Widmark formula, which back-estimates the blood alcohol concentration at the time. On the 12th, the Chungju branch of the Cheongju District Court found Mr. A (42), who had been put on trial on charges of violating the Road Traffic Act (drunk driving), not guilty. Mr. A had previously been drinking accompaniment while on a trip with his family in January. After drinking, he got behind the wheel and was caught by a police officer conducting a drunken driving control at the scene. At the time of arrest, Mr. A was found to have had a blood alcohol concentration of 0.030%, which was at the level of a suspended license. It was confirmed that Mr. A had a history of being punished for similar crimes. Under the current law, if a fine or more is imposed due to drunk driving, the punishment is aggravated. At the trial, Mr. A's legal representative, Daeryun Law Firm (Limited), argued that it could not be concluded that the drunk driving punishment standard (0.03%) was exceeded by applying the Widmark formula, which reversely estimates the blood alcohol concentration at the time of drunk driving. It is presumed that the blood alcohol concentration was lower than the measured value at the time of measurement and was reached at the time of actual driving. The court said. Regarding the reason for the not guilty verdict, he explained, "When applying the Widmark formula, which is a scientifically proven fact, the defendant has a blood alcohol concentration of 0.03%, which is the punishment standard for drunk driving prescribed by Article 148-2, Paragraph 3, Item 3 and Article 44, Paragraph 1 of the Road Traffic Act. The indictment in this case corresponds to a time when there is no proof of a crime." Attorney Se-cheol Gil of Daeryun Law Firm (Limited) “The Widmark breathalyzer formula is a technique to calculate the blood alcohol concentration at the time of drunk driving when a lot of time has passed since the drunk driving and the driver has sobered up or is below the limit,” he explained. “The drunken state at the time is calculated by considering the driver’s weight, gender, type of alcohol consumed, and amount of alcohol consumed.” He continued, “Because the alcohol breakdown value per hour varies depending on the individual, if you are somewhat unfairly caught for drunk driving, you can use this method to measure your blood alcohol concentration.” “It must be proven that the blood alcohol concentration was rising,” he said. “This case can also be said to be an example of using the Widmark formula to back-estimate the blood alcohol concentration and prove that it did not reach the punishment standard of 0.03% at the time of driving.”  [View full article] - Not guilty on second drunk driving charge?... ‘Failure to meet punishment standards’ (Shortcut)
Monday newspaper
2024-06-17
[칼럼] 가상자산이용자보호법 시행과 남은 과제
[Column] Implementation of the Virtual Asset User Protection Act and remaining tasks
On July 19th, the Virtual Asset User Protection Act finally goes into effect. Although Korea has an active virtual asset market, it has been difficult to secure the stability of the virtual asset market due to a lack of clear guidelines or regulations. According to the '2023 Virtual Asset Profit Report by Country' published by Chainalysis (Chain Analysis, a blockchain data analysis company), Korea's virtual asset investment profit is said to be 8th in the world, but unlike other advanced countries such as Singapore and Japan, the laws and systems regarding virtual assets are still insufficient. The Virtual Asset User Protection Act establishes the government's authority over virtual asset users and imposes an obligation to protect the assets of virtual asset users. It was enacted to protect rights and interests and establish a transparent and sound trading order in the virtual asset market. Since the legal nature of virtual assets has not been established in Korea, even if unfair trading or unfair speculation of virtual assets occurred, existing laws such as the Capital Markets Act, which regulates securities, were applied by analogy, resulting in difficulties. Once the Virtual Asset User Protection Act is implemented, many parts of the gray area of virtual assets will be defined. The Virtual Asset User Protection Act imposes on virtual asset business operators an obligation to protect virtual asset users' deposits and separate storage of users' virtual assets (so-called cold wallet storage obligations), and provides for punishment of acts of using undisclosed important information and unfair price manipulation. In particular, the obligation to separately store virtual assets was imposed to prevent damage from hacking. Hacking of coins occurs frequently, and once hacking occurs, it is not easy to find the hacker and recover the damaged assets. Not only is it technically difficult to track, but hackers are mainly based overseas, so it is not easy to receive international cooperation. Therefore, it would be best to prevent hacking of virtual assets at present. The use of undisclosed important information and unfair price manipulation are equally prohibited under the Capital Markets Act for securities. However, to date, there has been no conclusion as to whether virtual assets will be considered securities, making it difficult to immediately apply the Capital Markets Act in relation to virtual assets. In many cases, people were indicted, but were found not guilty because there was no provision for punishment. Now, a way has been established to sanction unfair trading practices related to virtual assets by explicitly prohibiting them in the Virtual Asset User Protection Act. As a result, the protection of virtual asset users is expected to be strengthened and the virtual asset market can be stabilized. Of course, this is natural, but even if the Virtual Asset User Protection Act is implemented, there are still legal challenges to be solved. For example, there is the ICO discussion. ICO (Initial Coin Offering) is a type of crowdfunding that raises initial development funds from an unspecified number of investors to create a new cryptocurrency. In September 2017, Korea completely banned ICOs, judging them to be speculation. For reference, the United States, Singapore, and Japan regulate it but allow it, while China, like Korea, completely prohibits it. ICOs are not covered by the Virtual Asset User Protection Act that will soon be implemented. However, as IPOs (Initial Public Offerings) are taking place in the stock market, Bitcoin has been approved as an ETF, and has been adopted as legal tender in El Salvador, virtual assets are establishing themselves as currencies around the world. Therefore, it is impossible for Korea, a ‘coin powerhouse’, to completely ban ICOs forever. We hope that the ICO system will soon be stably established and contribute to the development of a healthy virtual asset market. Another example is the scope of application of the law. The Virtual Asset User Protection Act stipulates that it applies even when an act is performed overseas and the effect is domestic. Although virtual asset operators have businesses overseas, such as Singapore, they often receive investment from domestic investment companies. So, even if it is an overseas company, if it receives investment from a domestic investment company, does that mean that the effect is felt domestically? In this regard, it seems necessary to review various cases and establish universal legal principles. Meanwhile, it is said that 48.2 billion yen (approximately 420 billion won) worth of Bitcoin was abnormally leaked from Japan in June. It has been confirmed that some Bitcoins managed in offline storage (cold wallet) were hacked while being transferred to online storage (hot wallet). From the user's perspective, even if they are protected by law, they still cannot be careless about damage to virtual assets. We do not know what direction virtual assets and their regulations will take in the future. There are still a number of legal issues that need to be explored regarding virtual assets. We hope that the implementation of the Virtual Asset User Protection Act will be the first step toward a mature virtual asset market. [View full article] - [Column] Enforcement of the Virtual Asset User Protection Act and remaining tasks (link)
Maeil Business Newspaper
2024-06-14
“심신미약하니 감형합니다”…이런 열불나는 판결, 더는 안통하네
“I am reducing your sentence because you are weak-minded”… This kind of heated judgment doesn't work anymore.
Even after 10 years of psychiatric treatment, the court said, “The sentence cannot be commuted due to mental illness.” There are suspects who claim a reduction of their sentences on the grounds that they suffer from mental illness after committing violent crimes. However, in recent courts, arguments for a reduced sentence based on so-called ‘mental and physical weakness’ have not been working well. On the 12th, the 11th Criminal Division of the Western District Court (Chief Judge Seong-joong Bae) sentenced Mr. Choi (45), a Korean American national, who was indicted on charges of special injury, to three years in prison. In January of this year, he was handed over to trial on charges of swinging a knife at a man in his 20s whom he saw for the first time in an alley in Seogyo-dong, Mapo-gu, Seoul, causing injuries that required three years of treatment. In this trial, which was held as a public participation trial, seven lay jurors in court presented their guilty and not guilty verdicts and sentencing opinions for Mr. Choi. During the trial, it was revealed that the defendant, Mr. Choi, had been treated for schizophrenia 114 times since 2015. In his final argument, Mr. Choi's lawyer appealed for a reduced sentence, saying, "He has been treated for a long history of mental illness, and because he is a foreigner, there are aspects of him that have been neglected." However, all seven jurors found him guilty. Of these, six were recommended to be sentenced to three years in prison, and one was recommended to be sentenced to five years in prison. The court also said, “The defendant was treated for a long period of time due to mental illness, and it appears that the illness influenced the crime,” but ruled, “The crime is serious because he prepared a weapon in a place where many people go and inflicted injuries on an unknown victim.” Previously, a man in his 80s was stabbed with a weapon on the streets of Dongdaemun-gu, Seoul in 2022. It was revealed that he had a mental illness called ‘paranoia,’ but the court did not recognize the mental and physical impairment, saying, ‘It is judged that he has the ability to discern.’ Cho Seong-geun, an attorney at the Daeryun Law Firm, said, “The negative view toward reducing the sentence for mental and physical impairment is becoming stronger, and there is a trend not to recognize claims of mental and physical impairment for violent crimes.”  [View full article] - “I am reducing your sentence because you are weak-minded”… This passionate ruling doesn't work anymore (Shortcut)
Segye Ilbo
2024-06-14
방탄소년단 BTS 진 강제추행
BTS Jin suffered sexual harassment at a fan event... Angry fan accuses ‘sexual violence punishment law’
BTS Jin, the eldest brother of BTS, was the victim of sexual harassment after returning to his fans after completing military service on the 12th, even before he was unexpectedly ‘kissed’. BTS fan ‘Army’ expressed her displeasure, saying it was ‘obvious sexual harassment’. Meanwhile, one fan reported those who committed the act. The accident occurred the day before, on the 13th, at the '2024 FESTA' held in the Songpa-gu area of ​​Seoul. Jin personally proposed an event with fans in order to meet closer with the fans who waited for him and supported him until the end before being discharged, and attended the event on this day. The problem occurred during the first part of the fan event, ‘Jean’s Greetings.’ Jin met and hugged 1,000 fans that day. Not only female but also male fans participated in this event, creating a warm atmosphere. Although the hug ended in a short moment due to the large crowd of 1,000 people, the fans looked happy. On the other hand, the excessive behavior of some fans was pointed out as a problem. Some female fans unexpectedly attempted to kiss Jin on the cheek and lips. In response to their sudden actions, Jin turned his face and showed actions to avoid them. This is because it can easily lead to misunderstandings. Jin also showed an unpleasant look, but soon regained his bright smile. After the event, Jin said, "It was more fun and exciting than I thought. If I had more than one body, I would have been able to give hugs to more people a day, but I'm a little disappointed that I could only give hugs to 1,000 people today. Next time, if I can do it at least once before I die, I'll try." However, ARMYs expressed their discomfort, calling it “sexual harassment,” and sued the fans in question. On the 14th, an informant told Segye Ilbo, “During a ‘hug event’, some fans ‘kissed’ us, sparking controversy over sexual harassment.” He added, “On this day (the 14th), we reported the fans in question to Kookmin Newspaper for violating the ‘Sexual Violence Punishment Act.’” He then claimed, “Some fans of BTS took advantage of a situation where explicit and active resistance or avoidance was difficult due to the nature of the ‘hug club’ event, causing sexual shame or disgust and committing ‘sexual harassment’ against good sexual morals, infringing on the victim’s right to sexual self-determination.” He added, “We strongly urge the police to immediately investigate and severely punish the fans on charges of violating Article 11 of the Sexual Violence Punishment Act, ‘Indecent Conduct in Public Places.’” Meanwhile, regarding this case, lawyer Choi Hyun-deok of Daeryun Law Firm explained in a phone call with Segye Ilbo that day, “It appears that the two criminal law requirements for indecent assault and forcible indecent assault in a crowded public place are met.” He advised, “An action taken by a fan (a surprise kiss) can also be considered ‘surprise molestation.’ In other words, a surprise kiss is an exercise of physical force on the body, which constitutes an assault crime and an act of molestation at the same time, so it is a surprise molestation and constitutes forcible molestation under criminal law.” Attorney Choi said, “Considering the nature of the assault, there is a possibility that the prosecution will indict the person for forcible indecent assault, which carries a higher penalty than indecent assault in a crowded public place.” He added, “Indecent assault in a public place is punishable by up to 3 years in prison and a fine of up to 30 million won, and forcible indecent assault is punishable by up to 10 years in prison and a fine up to 15 million won.”  [View full article] - BTS Jin suffered sexual harassment at a fan event… Angry fan accuses ‘sexual violence punishment law’
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