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5 places including Newsis
2024-06-13
공수처, 신규 검사 임용 추진…내주 중 임용 공고
Ministry of Public Prosecutions, Promotes Appointment of New Prosecutors... Appointment announcement next week
Director Dong-woon Oh held his first personnel committee meeting after taking office on the 13th and discussed the overall operation of the organization, including the appointment of new prosecutors. The Chief Prosecutor and Deputy Prosecutor will be recruited simultaneously. The appointment notice will be posted on the 19th. Newly appointed Director of the High-ranking Public Officials Crime Investigation Service (Corruption Investigation Office) Oh Dong-woon held his first personnel committee meeting (Personnel Committee) after taking office on the 13th and discussed the overall operation of the organization, including the appointment of new prosecutors. The Corruption Investigation Office carried out work for about an hour starting around 10:30 a.m. on this day. It was announced that the current status and future prosecutor appointment plans were reported to the Personnel Committee and the opinions of members were collected. The Personnel Committee is an organization that deliberates and decides on overall personnel matters excluding the Director and Deputy Director of the Corruption Investigation Office. A total of seven people are expected to participate, including the director and deputy director, two members recommended by the ruling party, two members recommended by the opposition party, and one member recommended by the head of the Corruption Investigation Office. However, due to the vacancy in the Deputy Director, this personnel committee meeting was held with 6 people participating instead of the 7 stipulated by the Corruption and Corruption Corruption Investigation Act. On this day, the personnel committee was attended by Director Oh, as well as Lee Seon-bong, an attorney at the Huawoo Law Firm, Jeon Kang-jin, an attorney at the Jipyong Law Firm, who were recommended by the ruling party, Jwa Se-jun, an attorney at the Hanmac Law Firm, and Lee Chang-min, an attorney at the Changdeok Law Firm, who were recommended by the opposition party, and Lee Jun-hee, an attorney at the Daeryun Law Firm, who were recommended by the Director. Attending the Personnel Committee. It is said that the committee members particularly sympathized with the urgency of hiring new prosecutors at the Corruption Investigation Office. As of this month, there are 19 prosecutors working at the Corruption Investigation Office, which does not meet the quota of 25 prosecutors, including the director and deputy director. At the end of last month, the resignation submitted by former 1st Investigation Department Director Kim Seon-gyu, who had been acting as deputy director, was accepted, and Chief Prosecutor Kim Myeong-seok, a human rights investigation policy officer, also expressed his resignation. If Chief Prosecutor Kim's resignation letter is processed, he will work at the Corruption Investigation Office. The number of prosecutors will be reduced to 18. Two of the six positions of chief prosecutor will be vacant. A lawyer who attended the personnel committee meeting that day told Newsis, "There are about six vacancies for prosecutors in the Corruption Investigation Office, and I heard an explanation as to what procedure will be used to fill them." He added, "It is highly likely that the chief prosecutor and rank-and-file prosecutors will be filled at the same time." It is reported that the Corruption Investigation Office will post an appointment notice on the 19th. Thereafter, we plan to hold a second personnel committee meeting in August to discuss the reappointment of prosecutors. Director Oh said, "We want to make the Corruption Investigation Office a strong and stable organization," and added, "I hope that the personnel committee will meet the public's expectations and aspirations and produce practical results based on the spirit of agreement, which is the purpose of forming the personnel committee under the Corruption Investigation Agency Act."  [View full article] Newsis - Ministry of Public Prosecution of Corruption Investigation, promotes appointment of new prosecutors... Announcement of appointments within next week (Shortcut) News 1 - Ministry of Corruption and Corruption Investigation, first meeting of 2nd personnel committee "Consensus on need to quickly fill prosecutors" (Shortcut) Edaily - Ministry of Corruption and Corruption Investigation, holds first meeting of Personnel Committee... Oh Dong-woon "We will create a strong and stable organization" (Shortcut) The Fact - The first personnel committee of the 2nd Corruption Investigation Office... Oh Dong-woon "Expecting a strong organization" (Go to) Asia Today - Corruption Investigation Office, first step toward 2nd personnel committee... Follow-up greeting speed (shortcut)
Newsis
2024-06-13
벌금형보다 더 무거운 집행유예 요구한 피고인…왜?
The defendant requested a heavier probation than a fine... why?
Preference for probation without immediate financial burden varies depending on the financial circumstances and values ​​of the defendant. Argument for the introduction of a ‘daily fine system’ to increase the effectiveness of fines. “This is completely wrong.” This is what a defendant said when he was given leniency with a fine by the court during a recent criminal trial at the Busan Court Complex. He then said, "When I consulted with my lawyer, I confessed because I was told that I would be sentenced to probation if I admitted to the crime, so I confessed," and urged the court to sentence him to probation, which is a more severe sentence than a fine. A suspended sentence is a more severe punishment than a fine, so the court, who was clearly embarrassed, sent the defendant back with the words, "Appeal and get a new judgment." The reason the defendant asks for a suspended sentence is interpreted to be because suspended sentences do not cause immediately visible damage or financial burden. When a fine is sentenced, as a rule, the entire amount must be paid in a lump sum within 30 days from the date of decision, and financial expenses are incurred immediately. On the other hand, with probation, there is no financial loss and you do not have to spend time in prison, so you are free. Attorney Kim Dong-jin of Daeryun Law Firm (Limited) said, “A fine requires payment immediately, but (defendants) think that probation is a risk that transfers the prison sentence to the future and disappears.” He added, “Thoughts about probation are different depending on each person’s economic situation or values. Occupations in large companies or public institutions have the continuity of their jobs if they receive probation according to regulations. On the other hand, for self-employed people who are not affiliated with others, they much prefer suspended sentences rather than fines,” he explained. In Korea, the punishments are severe in the order of ▲ fines ▲ suspension of qualifications ▲ loss of qualifications ▲ fixed-term imprisonment ▲ fixed-term imprisonment ▲ life imprisonment ▲ life imprisonment ▲ death penalty. If a fine of 5 million won or less is imposed, probation may be imposed for not less than 1 year but not more than 5 years. Probation is a system that postpones the execution of a guilty sentence for a certain period of time rather than executing it immediately. It is a much heavier punishment than a fine under criminal law. Also, if you receive a suspended sentence, a criminal record is left behind, as in the expression 'a red line is drawn'. If you commit a crime during the period of probation and appear in court again, you must serve the newly sentenced sentence along with the previously suspended sentence. However, if you are in a difficult economic situation, or if you are in a suspended sentence, a red line is left behind. People who are not greatly affected by probation prefer it because there is no immediate harm even if they receive probation. In response to this irrationality, experts suggest the introduction of a 'daily fine system' in which fines are set according to the financial circumstances of the defendants in order to increase the effectiveness of fines. Korea adopts a 'total fine system'. This system is a fine system that imposes a certain amount of money on the defendant within the scope of the statutory penalty. The daily fine system is a system that sets a fine based on a criminal's daily income. The purpose is to impose fines in proportion to the ability to bear the financial burden. Dr. Gyeong-gyu Park of the Korea Institute of Criminology and Legal Policy explained, "Legal experts view probation as a much heavier punishment than fines. However, defendants who are struggling financially feel that fines are more reluctant than probation because they affect their livelihoods, such as having to pay immediately." He continued, "Fines were created to punish minor crimes, such as livelihood-related crimes, not serious crimes that limit freedom." “Most crimes are subject to fines, but our country uses a total fine system, so we do not look deeply into the financial circumstances of the defendant,” he said. “There are ongoing calls to introduce a daily fine system, which some European countries, such as Germany, are adopting as a way to increase the effectiveness of fines.”  [View full article] - Defendant who requested a heavier probation than a fine... why? (Shortcut)
Segye Ilbo
2024-06-12
강제력 없었다는 선생님과 여고생의 교제, 사랑일까?
Is the relationship between a teacher and a high school girl who said there was no coercion, love?
There is controversy after it was reported that a teacher in his 40s and a student in his 10s were dating. According to the Daejeon Metropolitan Office of Education on the 11th, an inappropriate meeting between male teacher A (in his 40s) and Ms. B occurred at a high school in Daejeon. While working as a physical education teacher at the school, Mr. A crossed a line that should not be crossed with his student, Ms. B. They continued dating until recently and became known after Ms. B revealed the truth. Ms. B revealed this fact during a consultation with the school counselor, and the school, which belatedly discovered the problem, reported it to the city office of education and then to the police. Mr. A left school because of this. It is reported that Ms. B is currently experiencing extreme psychological anxiety. The city office of education and the school plan to connect the student with an external counseling and healing agency. The city’s Office of Education said, “Student protection is our top priority,” and “We plan to take strict action against the teacher as soon as an accurate investigation is conducted.” In this case, charges of violating the Child Welfare Act and the Child Abuse Punishment Act may be imposed, and considering the fact that he had a special status as a teacher, there is a possibility that an additional charge of adultery with a minor may be applied. On the other hand, it is said that their relationship was not forced. In particular, this is a situation where Ms. B does not want Mr. A to be punished. The city’s Office of Education said, “(Even if Ms. B does not want to be punished), we plan to take strict action because the teacher had an inappropriate relationship with a minor student.” Regarding this incident, a lawyer who spoke to Segye Ilbo on the same day said, “If we had met Ms. B after she graduated from school, there would have been no problem,” but pointed out, “Considering that Ms. B is a minor and that the incident occurred at school, it is problematic.” Meanwhile, according to Daeryun Law Firm (Yuhan), in this case, whether or not to apply the statutory rape of a minor charge will likely be decided depending on the age of Ms. B. Ms. B’s exact age was not disclosed. The crime of involuntary rape of a minor is punishable at the same level as the crime of rape or forcible molestation committed using assault or intimidation when a person over 19 years of age commits adultery or indecent assault with a minor under 16 years of age, or when a person under 19 years of age commits adultery or indecent assault with a minor under 13 years of age. Even if sexual contact occurred with a minor under the age of 16 or 13 under the age of 16, the person is subject to punishment if the above age conditions are met, and the statute of limitations does not apply, so the punishment is more severe than that for general sex crimes (Article 305 of the Criminal Act and Article 20 (3) of the Act on the Protection of Children and Adolescents from Sexual Offenses). This crime is committed even when there is the consent of the victim.  [View full article] - Is the relationship between a teacher and a high school girl who said there was no coercion, love? (Shortcut)
4 places including Money Today
2024-06-11
법무법인 대륜, 판사 출신 오경록 변호사 영입…"의료분쟁 특화"
Daeryun Law Firm recruits lawyer Oh Gyeong-rok, a former judge... “Specializing in medical disputes”
Active in Seoul Central District Court... Focus on strengthening expertise in medical disputes Daeryun Law Firm (Lihan) announced on the 11th that it will recently recruit attorney Kyeong-rok Oh, a former judge, and strengthen its expertise in the medical field. Attorney Oh Gyeong-rok was appointed as a judge at the Ulsan District Court and served as a judge at the Seoul Eastern District Court after serving at the Yeoju branch of the Suwon District Court and the Seoul Central District Court. The Seoul Central District Court and the Seoul Eastern District Court are in charge of medical and real estate cases, and are especially specialized in medical litigation that requires accurate legal review through medical analysis. Based on his abundant knowledge of medical law and trial experience, he mainly handled medical dispute cases even when he was a lawyer, and has a reputation as a medical lawyer who quickly resolves medical dispute cases in which various criminal, civil, and administrative fields are complexly intertwined. In addition, he has a reputation as a lawyer specializing in corporate and personal rehabilitation, intellectual property, and other matters. He was recognized for his ability in charge of damage compensation, civil and criminal cases. Attorney Oh Kyung-rok said, "I have handled cases in a variety of fields while serving as a judge. In the future, Daeryun will find and present optimal response solutions related to medical litigation. And we will do our best to provide appropriate legal services to our clients." CEO Kim Kuk-il said, "Daeryun is recruiting professional lawyers in various fields," and added, "Especially in cases such as medical litigation, complex legal cases can become entangled. Therefore, the joining of Attorney Oh, who has diverse experience, will be of great help in strengthening Daeryun's group capabilities." Meanwhile, Daeryun Law Firm (Limited) is a large law firm with the largest number of offices in Korea and is comprised of more than 550 experts.  [View full article] Money Today - Daeryun Law Firm recruits lawyer Oh Kyung-rok, a former judge... “Specializing in medical disputes” (Shortcut) Segye Ilbo - Daeryun Law Firm recruits lawyer Oh Gyeong-rok, a former judge who ‘specializes in medical disputes’ (Shortcut) Law Newspaper – Daeryun Law Firm, “Strengthening medical disputes”... Recruits lawyer Oh Gyeong-rok, a former judge (Shortcut) Roissue - Daeryun Law Firm recruits lawyer Oh Gyeong-rok, a former judge who ‘specializes in medical disputes’ (Shortcut)
Money Today
2024-06-07
이혼해도 혼인 무효 가능…충분한 법적 준비 필요
Marriage can be invalidated even if divorced... Sufficient legal preparation required
-Hyun Byeong-hee Law Firm (Limited) Chief General Counsel Daeryun Legal Column Divorce means that a couple artificially dissolves their marriage through agreement or trial. It can be understood as an act of erasing the memories and time spent on wedding photography and photos that were thought to be beautifully taken through social regulations. But this divorce is not as easy as it sounds. Moreover, if it is not the divorce, but the marriage itself after the divorce is invalidated. ‘Marriage annulment’ after divorce, which seemed difficult, will now become possible. On the 23rd of last month, the Supreme Court unanimously ruled that a marriage can be annulled even if the couple has already divorced. It is natural that attention is focused on this issue as the Supreme Court precedent, which ruled that there is no benefit in seeking annulment of marriage if the couple has already divorced, has changed for the first time in 40 years. Nullification of marriage does not take effect from the beginning, and divorce takes effect after divorce, so legal relationships that arose on the premise of marriage before divorce are still valid. Therefore, since the legal effects of marriage invalidity and divorce are different, there may be a benefit in confirming that the marriage relationship is invalid even after divorce. If the marriage is invalid, the provisions prohibiting marriage between relatives under the Civil Act and the provisions on rites of kinship under the Criminal Act do not apply, and joint liability for everyday household debts cannot be held under the Civil Act. This ruling affirms the benefit of confirmation as a means of resolving comprehensive legal disputes in one go for requests for confirmation of the invalidity of marriage after divorce, and provides a means to correct the family relationship register where invalid marriage history is incorrectly recorded, so disputes related to legal life can be practically resolved. It can be said to be a very meaningful ruling that expands the method of redress of the parties' rights so that the parties can have their rights resolved. If a marriage is annulled, the status as an 'unmarried person' can be legally restored. Since there has never been a marriage in the first place, even the legal relationship is extinguished, making one more free from various legal disputes. Additionally, you can receive benefits such as various welfare and support projects that you could not enjoy because of your marriage record. It is now possible to guarantee social activities and rights not only to single dads and single mothers, but also to those who have been married and divorced through illegal means. However, under the judgment that divorce and annulment have different legal effects, it has been concluded that there is a legal interest in seeking confirmation of the annulment of marriage through this ruling. It is important to keep in mind that not only are the reasons for annulment a marriage very limited, but this case does not broadly recognize the reasons. As an example, a famous celebrity, Mr. A, recently filed a lawsuit for annulment of marriage after divorcing Mr. B. The main reason is that the other party, Mr. B, hid the existence of the woman with whom he was in a common-law relationship, but Mr. A is claiming that 'the marriage is annulled because he got married under deception.' Given the existing precedent, the question arises as to whether there is any benefit to be gained by annulling the marriage since the divorce process has been completed. However, since this ruling allows the court to determine that 'there may be a legal benefit,' we have no choice but to pay attention to whether Mr. A's annulment lawsuit can be won. In addition to the fact that a lawsuit claiming a marriage annulment can only proceed under special circumstances, it must be proven that a legal benefit can arise. Since you need to look into the details and each case, you must appoint a professional attorney and provide sufficient preparation and consultation. A specific case has emerged showing that you can file a lawsuit for annulment of marriage even after divorce. An opportunity has come to piece together the memories that were tangled, fragmented, and crooked like a skein of thread. It won't be long before I can courageously look at the wedding photos and camera shutters that I took with a smile on my face again. [View full article] - Marriage can be invalidated even if divorced... Sufficient legal preparation required (link)
Korean economy
2024-06-07
밀양 성폭행 피해자 반박 "가해자 44명 공개 동의한 적 없다"
Victim of sexual assault in Miryang refutes: “44 perpetrators have never consented to disclosure”
youtube channel, Miryang sexual assault perpetrator sequential public abyss archive "Victim's family and public conclusion"Victim support group "I didn't know before the video was released""44There has been no consent to disclose the name, and deletion has been requested." "2004The victim of the Miryang sexual assault case in 2018 has a YouTube channel. 'Maw Storage'Gamiryang gang rape case'I was completely unaware of this fact until I posted the first video, and no prior consent was obtained.."Previous youtuber 'Maw Storage'participated in the sexual assault case of a middle school girl in Miryang. 44It officially refuted the announcement that it would disclose all three perpetrators and that it had received permission from the victim's family to disclose the perpetrators..5Day 'Maw Storage'Through the YouTube community bulletin board "To me '(Regarding disclosure of perpetrators) Did you ask the victim for permission?'There are many people who ask"as "I spoke directly with the victim's family via email. 44The decision has been made to disclose all"explained. Accordingly, the Korea Sexual Violence Relief Center, one of the Miryang victim support groups, issued a press release. "It is not true that the channel had a direct email conversation with the victim's family and concluded that the perpetrator should be revealed."He said.Korea Sexual Violence Relief Center "The victim was unaware of the incident until the first video was posted."While "After the video was uploaded 3A request was made to delete the video."He emphasized.mudfish "The victim's family agrees. 44Deleted the notice that all names were to be made public., I asked again for a correction (The channel side) not correcting"While "The Korea Sexual Violence Relief Center and the victim's side are working to restore the victim's daily life., I am embarrassed by the one-sided video uploads and the race for views that are far from respecting the victim's wishes."I was concerned.And then "'Maw Storage'hopes to correct the situation by removing the notice that the victim's family consented."He asked again. If this position is true 'hell storage'The lawsuit essentially reexamines the incident by continuously posting the identity of the perpetrator without the victim's consent.. 'Maw Storage'Regardless, even on this day 'Miryang incident advocate, kid 2Having children and living a normal life'Uploaded a video titled. This woman was involved in the incident 2She is a woman known as the car perpetrator.. This is an employee of a famous soup restaurant that Baek Jong-won visited., Following the perpetrator who worked as a Volvo salesman 3This is the second video. The restaurant is currently on strike and Volvo has fired the employee..The YouTube channel in question unilaterally revealed the perpetrator without the consent of the victim, leading to social outrage. It is an act of private retaliation against the victim. 2It's no different from car damage..This is because social repercussions that are unrelated to the victim's will may hinder the victim from forgetting the incident and returning to normal life..Na Chang-soo, general attorney at Daeryun Law Firm, said: "If a gap occurs between what the public thinks is a just level of punishment and the country's actual level of punishment, there may be a movement to fill this gap with private sanctions.. We need to think about why this gap arose."Although "It should be noted that private retaliation can be used for commercial purposes due to the emergence of various media means and that unfair damage may occur without knowing the exact details of the incident."warned me.Meanwhile, the Miryang sexual assault case was 2004year 44100 male middle school students 1This is a case of gang rape for several years.. At the time, prosecutors said the perpetrator directly participated in the sexual assault. 10People were indicted, and those indicted received probation, etc.. 20My name was sent to the juvenile department or released.. remain 14The person lost his right to prosecution through an agreement..44Not a single one of them was punished, leaving no criminal records behind, causing public outrage.. The following is the full statement from the Korea Sexual Violence Relief Center..1. I offer human rights and equality greetings to your media company..2. Korea Sexual Violence Relief Center 2004A youth sexual assault incident that occurred in Miryang in 2012, latest youtube <Maw Storage>is one of the support groups for victims of sexual violence that discloses perpetrators of sexual violence..3. youtube <Maw Storage>go 2024year 6month 5Day “I spoke directly with the victim's family via email. 44The decision has been made to reveal all of them..” The notice written is not true..2004The victim of the sexual assault case in 2018 <Maw Storage>go ‘Miryang group sexual violence incident’I was completely unaware of this fact until I posted the first video, and I was never asked for prior consent..After the video is uploaded 6month 3I requested the video be deleted. The victims and their families will 44No one has agreed to the direction of making it public..4. The victim's family agreed 44Deleted the notice that all names were to be made public., I requested a correction again, but no correction was made.. Currently in various media "Miryang perpetrator 44All people disclosed, Agreement with the victim's family", "Miryang rapist 44Personal information disclosed, The victim's family wants", "Miryang perpetrator 44All to be revealed, The victim's family gave permission", "The victim's permission was asked.... evil genius 44All public" Content that is different from the facts is posted..5. The Korea Sexual Violence Relief Center and the victim side are working to help the victim recover from her daily life., Far from respecting the victim's will, We express our dismay and concern at the sudden appearance of one-sided video uploads and views..6. <Hell Storage>corrected and deleted the notice that the victim's family consented, Please correct the misperception immediately..7. The media also took into account the victim's opinion and <Hell Storage> We request that you refrain from reporting in a provocative manner based on video.. [View full article] - Miryang sexual assault victim refutes "evil genius 44I have never consented to public disclosure." [specialty] (Go to) 
daily
2024-06-07
법무법인 대륜, 주식회사 원에스엔피와 기업자문 MOU 체결
Daeryun Law Firm signed a corporate advisory MOU with OneSNP Co., Ltd.
Daeryun plans to provide services to resolve legal disputes specializing in finance Experts such as lawyers, accountants, and tax accountants will provide corporate operation advisory services CEO Kim Yeon-sook said, “Specialized lawyers will form a dedicated team to respond… with high reliability” CEO Kim Kuk-il “We will support legal services in various fields as a one-stop system” Daeryun Financial Legal Group, a law firm (Limited), announced that it signed an MOU with One S&P Co., Ltd. on the 4th. The agreement ceremony held in the seminar room at the Daeryun headquarters in Yeouido was attended by officials including Daeryun Law Firm CEO Kim Kuk-il, lawyer Lee Kwang-soo, and OneSNP CEO Kim Yeon-sook. One SNP Co., Ltd. is in charge of work related to loan recruitment from the National Credit Union Federation of Korea. Daeryun Law Firm plans to provide services for financial expertise and legal dispute resolution. In particular, not only lawyers but also experts in related fields such as accountants, tax accountants, and labor accountants will provide advisory services on overall corporate operations. Daeryun Financial Law Group's TF team of financial attorneys from the courts, the prosecution's financial investigation department, and the Fair Trade Commission provides data-based strategic legal services for all financial cases, including financial litigation, corporate finance, and fair trade. Kim Yeon-sook, CEO of One SNP Co., Ltd., said, "Continuous legal advice in finance and corporate operations, etc. “It was necessary,” he said. “Daeryun has a high level of reliability because specialized lawyers in each field respond by forming a dedicated team.” Kim Kuk-il, CEO of Daeryun Law Firm, said, “The fact that 3 to 20 experts in various fields work together as a dedicated team is itself an example of Daeryun’s work ability.” He added, “To ensure that OneSNP can provide continuous legal services to ensure smooth business performance, we have established a one-stop system for legal services in various fields, including finance. “We will provide support,” he said. Meanwhile, Daeryun Law Firm is expanding its activities by moving its headquarters to Yeouido and signing MOUs with a number of companies. In addition, we are in the process of reorganizing the expansion of each group, including corporate legal affairs, finance, finance, medical, and defense military. [View full article] - Daeryun Law Firm signs corporate advisory MOU with One SNP Co., Ltd. (Go here)
2 places including Jose Ilbo
2024-06-05
공정거래법 공정거래변호사 공정거래법변호사 부정경쟁방지법
Daeryun Law Firm Strengthens Fair Trade Group... A team of experts with extensive experience in responding to the Fair Trade Commission
He is also a member of the Fair Trade Dispute Mediation Committee of the Fair Trade Commission and a former chief prosecutor in charge of the Experience Financial Investigation Department, including the management of fair trade compliance of large corporations... Effective response to corporate domestic and international fair trade issues Daeryun Law Firm (CEO Kook-il Kim) announced on the 5th that it will strengthen its fair trade group specialized in domestic and international fair trade cases. Daeryun Fair Trade Group plans to manage legal risks of clients by quickly responding to corporate fair trade issues. The key figures of Daeryun Fair Trade Group include Won Il Won (28th class of the Judicial Research and Training Institute), head of the corporate legal group, and former member of the Fair Trade Commission (FTC). There is lawyer Hyun Byeong-hee (25th class of the Judicial Research and Training Institute). Attorney Won, who served as managing director and head of the legal office at POSCO Holdings (formerly POSCO) and managing director of the legal office at POSCO Future M (formerly POSCO Chemical), has experience handling numerous corporate lawsuits while working in the legal office. Attorney Won provides legal compliance training, contract review, and training on the Fair Trade Act, Labor Standards Act, Occupational Safety and Health Act, and Serious Accident Act to the company's field department. Engaged in management and supervision activities, including legal advice. Specifically, he is an expert in the field of corporate law, including prior monitoring at all stages from contract signing with partner companies to completion of implementation, prior review of violations of local laws related to overseas investments, and post-action response. In particular, Attorney Won was also in charge of compliance support and fair trade compliance manager. He reviewed overall corporate legal issues at POSCO Holdings and other companies, and was in charge of overall management of the Fair Trade Compliance Program (CP) as a Fair Trade Compliance Manager. The Compliance Program managed by the Fair Trade Commission gives good grades to companies that are well-run, and it is a system operated by many companies as it provides benefits such as exemption from the Fair Trade Commission's ex officio investigation depending on the grade. Hyun, who served as a member of the Fair Trade Dispute Mediation Council of the Fair Trade Commission for two consecutive terms, is working on fair trade issues. He has first-hand experience and a reputation as a fair trade expert. As a lawyer specializing in securities and finance, he also successfully led lawsuits confirming the right to claim receipts and deposits between companies. The group has experts in various fields, including corporate lawyers, fair trade lawyers from courts and prosecutors, and financial lawyers, to respond to disputes related to fair trade between companies. As a former chief prosecutor, lawyer Kim In-won (21st class of the Judicial Research and Training Institute), who was active in the financial investigation department of the prosecution for a long time, is handling criminal cases related to fair trade. He plans to supervise. Attorney Choi Han-sik (30th class of the Judicial Research and Training Institute), who served as head of the legal team and general headquarters of a large company and handled numerous cases such as unfair trade and use of internal transaction information, and lawyer Jang Moon-gyu (33rd class of the Judicial Research and Training Institute), who is well versed in legal advice for companies such as Audi Korea, the Korean-German Chamber of Commerce and Industry, and MAN Truck Bus Korea, successfully provided legal advice and fair trade work for many companies such as LG Electronics, Coca-Cola, and Nonghyup Distribution. Attorney Kim Yu-jeong, who led the team, Son Mi-ri and Shim Su-jin, who are well-versed in international law, and attorney Kim Dan-ha, who holds a customs broker's qualification, have joined. Together with experts in various fields, Daeryun Fair Trade Group plans to proactively respond to corporate fair trade issues as well as global fair trade cases. In particular, it also operates a fair trade detective team in preparation for fair trade prosecution investigations at all stages of the Fair Trade Commission. The Fair Trade Commission recently imposed a fine of tens of billions of won in a bid rigging case related to semiconductor manufacturing. As it is expected that stricter sanctions will be imposed on abuse of power and illegal activities, such as launching an investigation into unfair practices in the medical device distribution market and emphasizing the need to introduce the Platform Fair Competition Promotion Act (Platform Act), Daeryun is also accelerating preparations for this. We plan to carry out preventive activities before being sanctioned for industrial-related illegal acts, provide continuous advice on legal issues, and operate a response system to prepare post-action measures. Won Hyeong-il The chief general attorney explained, "A lawyer with a high understanding of the company can effectively respond to fair trade issues," and "As we are expanding the corporate legal group, we plan to pay more attention to recruiting talent as the head of the corporate legal group." Meanwhile, Daeryun, who recently relocated the headquarters to Yeouido, has expanded and reorganized the corporate legal group, and announced that starting with the headquarters relocation, in addition to expanding domestic branch offices, it plans to expand into overseas countries such as Japan and the United States.  [View full article] Tax Ilbo - Daeryun Law Firm Strengthens Fair Trade Group... Experts with extensive experience in responding to the Fair Trade Commission (Click here) Asia Economy - Daeryun Law Firm strengthens the Fair Trade Group... Rich experience in responding to the Fair Trade Commission (Click here)
newspim
2024-06-04
[기고] 부동산 전세사기 피해 예방 실전 가이드
[Contribution] Practical guide to preventing damage from real estate lease fraud
Attorney Kim Jeong-beom of Daeryun Law FirmAccording to the Housing and Urban Guarantee Corporation (HUG), the scale of rental guarantee accidents, for which the Housing and Urban Guarantee Corporation reimburses on behalf of landlords who fail to return the rent to tenants, recorded KRW 4.3347 trillion last year. In Daejeon, where I work, the number of rental fraud cases has increased rapidly since last year, and if you look at the list of ongoing cases, you can see that various lawsuits are being filed directly against famous rental fraud perpetrators in Daejeon, as well as various landlords, real estate agents, and the Korea Association of Real Estate Agents. Of course, there is a need for structured and continuous social discussion on institutional solution methodologies to prevent jeonse fraud, but for individuals living in an extremely specific reality, a "practical guide to preventing jeonse fraud damage" seems to be urgently needed. The following is a guide to preventing damage that is useful right now, organized by transaction stage, focusing on the regrettable aspects of proceeding with lawsuits and providing contract advice. First of all, if it is 'before the transaction stage', it is essential to "confirm the real estate registration certificate." It is important to verify the identity of the lessor through this. In particular, if the object is jointly owned, explicit confirmation of the intention of all co-owners is required. If one of the co-owners appears, or if all co-owners do not appear, it is necessary to check whether the agency contract has been properly concluded (the power of attorney and seal certificate must be checked for forgery, and if possible, it is recommended that the lease contract be concluded directly with the lessor at the real estate agent's office). In addition, you must first check the existence of a senior deposit bond (be sure to check the moving-in unit viewing history), the establishment of a lien, etc., and calculate whether you can fully recover your precious deposit when the real estate object in question ultimately reaches the auction stage. In addition, it is necessary to check whether the lessor is delinquent on taxes through a licensed real estate agent and view the details of unpaid national and local taxes from the lessor on the date of concluding the lease contract. Next, if you have entered the 'transaction stage such as writing a contract', it is important to prepare various 'safety devices' by including various special provisions in the contract contents, which include ① a special agreement that prohibits the transfer of the real estate object in question after the date of payment of the balance until opposition occurs due to a move-in report and a confirmed date (if this is violated, the lessee's right to terminate the lease contract is reserved and the amount of compensation for damages is scheduled); ② a temporary restriction on changes in ownership as above In addition, there is a special contract that prohibits the creation of any security rights such as a mortgage (to secure the right to priority payment), ③ a special contract that asks the lessor who is at fault if it is impossible to borrow the leased money due to a defect in the subject matter, ④ if there is a tax arrears, it must be repaid in full before the balance due date, and if this is violated, the lease contract is invalidated and the deposit doubled is compensated. Lastly, if you have ‘finished the transaction stage’, you must file a move-in report immediately on the day of signing the lease contract and receive a confirmation date. Also, if possible, please sign a lease guarantee insurance contract through a bank. Still, if you have doubts about something, we recommend that you actively seek advice from a lawyer. If you do not attach various safety measures while handing out the deposit, which accounts for a huge portion of your assets, it is no different from entrusting your assets to someone you have never met, relying on their favor.  Jeongbeom Kim, Attorney at Daeryun Law Firm - Public defender at the Supreme Court and Jeonju District Court - Publicly appointed representative at the Central Administrative Appeals Commission - Director of the Korean Society of Criminal Procedure Law - Director of the Korean Administrative Law Society - Counselor at the Daejeon Youth Tomorrow Center - Member of the Warrant Deliberation Committee at the Gwangju High Prosecutors' Office - [View full article] - [Contribution] Practical guide to preventing damage from real estate lease fraud
Newsis
2024-06-03
광안리해수욕장 인근서 불법공유숙박업 운영 30대, 집유
Man in his 30s, running an illegal shared lodging business near Gwangalli Beach.
The court sentenced him to 1 year in prison and 2 years of probation on charges of pocketing 690 million won over 4 years: "Illegal shared lodging business exposes risk of safety accidents" A man in his 30s who earned hundreds of millions of won by operating 11 officetels as an illegal shared lodging facility near Gwangalli Beach, Busan's representative tourist destination, was sentenced to probation. According to the legal community on the 3rd, Beom-yong Lee, the 4th detective of the Eastern Branch of the Busan District Court The judge sentenced Mr. A (30s), who was indicted on charges of violating the Public Sanitation Management Act, to one year in prison and two years of probation, and ordered him to perform 80 hours of community service. According to the criminal facts acknowledged by the first trial, Mr. A is accused of operating 11 officetels in Suyeong-gu, Busan from August 2019 to December 2022 as an illegal shared lodging business without reporting them to the mayor and district head. Mr. A It is known that he earned profits worth 690 million won by operating an illegal shared lodging business for about four years. The lodging business operated by Mr. A is located right in front of Gwangalli Beach, and is said to have received reservations from guests through an internet lodging sharing site. The court said, "Mr. A committed this crime again even though he has a history of being criminally punished for the same crime (a fine of 1 million won)," and added, "Mr. A ran a lodging business. “The crime cannot be considered light as the period is about 4 years and total sales exceed 690 million won,” the ruling said. If you operate an unreported illegal shared lodging business using an officetel, apartment, or house, you are subject to up to 2 years in prison or a fine of up to 20 million won under the ‘Public Hygiene Management Act.’ There are no separate regulations to punish guests who use it, but they can be exposed to fire, safety accidents, and various crimes. There is a risk. Attorney Lee Seung-ho of Daeryun Law Firm (Limited) explained, "The Public Health Act and the Tourism Promotion Act only subject to punishment those who operate unreported illegal shared lodging businesses, and there are no provisions in the current law to punish users." He continued, "However, illegal shared lodging businesses are often not properly equipped with fire safety facilities, etc., so there is a risk of being exposed to safety accidents and sanitary problems may arise." “If you suffer damage due to a safety accident, it may be difficult to receive appropriate compensation or take responsibility,” he said, urging caution.  [View full article] - Man in his 30s, operating an illegal shared lodging business near Gwangalli Beach (link)
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