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Explore interviews, legal commentary, and columns by Daeryun lawyers.

Hankook Ilbo
2024-06-02
노태우의 '버티기'로 지킨 300억이 1.3조로... 그 돈, 환수할 수 있을까?
The 30 billion won saved by Roh Tae-woo's 'holding on' has been reduced to 1.3 trillion... Can that money be recovered?
[Controversy over the collection of slush funds revealed late] The existence of 30 billion won, which was kept despite paying hundreds of billions of billions of fines, "It is against social justice" Claims for recovery of illegal funds · Cannot be retroactively applied due to the person's death... Collection is difficult | "It is a problem even if the daughter benefits from the slush funds given by Roh Tae-woo. Where is justice in this?" In the appeal court ruling on the divorce suit between SK Group Chairman Chey Tae-won and Noh So-young, director of Art Center Nabi, former President Roh Tae-woo's slush fund As it became known that existence played a decisive role, controversy arose as to whether this ruling was in line with social justice. Considering the fact that former President Roh was sentenced to 17 years in prison for bribery, there is a high possibility that the slush fund was also 'dark money', and public opinion is questioning whether it is appropriate to recognize the money as a 'dowry' for a daughter and to pass on the fruits of the expansion of large corporations to children. However, although this point itself may be possible, there is little possibility of legally returning it to the state. Considering the nature of family lawsuits that do not ask about the source of funds and the fact that the case itself is very old, the general opinion in the legal community is that realistically there is no way to collect money. According to the Hankook Ilbo report on the 2nd, the Seoul High Court's Family Affairs Division 2 (Chief Kim Si-cheol) took into account the illegality of the funds that former President Roh provided to former Chairman Choi Jong-hyun, Choi's father, in 1991, but considered this as a key element in property division. The court also stated, "If the relevant circumstances had been revealed (early), the government may have filed a collection suit against former Chairman Choi." Although the court's logic for including money that was likely to be accumulated through illegal means in the property division is not understandable, the legal community explains that this was due to the characteristics of family trials. For the purpose of divorce litigation, where 'dissolution of the relationship' is an issue, only the contributions of both parties are considered in the division of property, and even if some of the property is suspected to be the proceeds of crime, the court cannot be held criminally liable ex officio. Attorney Lee Hyeon-gon (Saeol Law Firm), who served as a family court judge for a long time, said, "In dividing property, the principle is not to ask about the illegality of the formation process," and "The moment this is taken into consideration, the question arises, 'Is it okay for one party to monopolize illegal assets?' “It is,” he pointed out. Attorney Kim Shin-hye (Hankyoung Law Firm), who specializes in divorce, added, “Collection ordering the payment of criminal proceeds is also a type of punishment, so it is a part that must go through a separate criminal trial (from the family trial).” Ultimately, the conclusion is that deciding whether to recover slush funds is outside the scope of divorce litigation. So, would it be possible to proceed with a new lawsuit against former President Roh's family to collect the proceeds of crime? The problem here is that former President Roh died and the right to prosecution disappeared. Even in the 1990s, the existence of this slush fund was never revealed even in a large-scale investigation to find financial links between former President Roh and Sunkyung Group (formerly SK). In particular, former President Roh relieved himself of judicial responsibility by fully paying the 262.8 billion won fine confirmed by the Supreme Court during his lifetime. It is difficult to hold SK responsible. The law related to concealment of criminal proceeds was enacted in 2001 after the incident. This is why the appellate court in this divorce suit said, “At least as of 1991, even if former Chairman Choi received financial support from former President Roh, it cannot be said to be illegal.” A lawyer who used to be a chief judge explained, “The charges cannot be applied because of the statute of limitations as well as retroactive application issues.” There are some who suggest enacting a special law as a solution, but skeptical views are still dominant. Attorney Kim Gook-il (Daeryun Law Firm), a former prosecutor, mentioned the possibility of unconstitutionality by saying, "Even if a special law is created, the principle is that criminal punishment is exclusive to 'people', so it is difficult to hold the parties responsible since they are dead." However, it is difficult to hold them legally responsible, but in the eyes of public opinion, it seems difficult to avoid the self-deprecating assessment that 'successful collusion between politics and business' has led to 'successful concealment of slush funds.' Former President Roh's wife, Kim Ok-sook, entrusted a large sum of money to a relative or acquaintance and separately recorded the amount (Kim Ok-sook memo). Of these Kim Ok-sook memos, the only thing that was not known to the world until the end was the 30 billion won provided to her in-laws (Seon Kyeong). This is a situation that shows that former President Roh and his wife may have kept quiet for the sake of their daughter even though they were being fined hundreds of billions of won. A chief judge in the metropolitan area commented on this, saying, “The daughter benefited from the fact that both families hid its existence for 30 years.”  [View full article] - The 30 billion saved by Roh Tae-woo's 'hold on' has been reduced to 1.3 trillion... Can that money be recovered? (Shortcut)
Seoul Regional Bar Association Newspaper
2024-05-31
[칼럼] 크리스마스의 추억
[Essay] Memories of Christmas
 6was 1 year old 1987year, I went to kindergarten for the first time, led by my mother.. The exact name of the kindergarten I went to at the time was “Saemaeul Preschool”However, the cost was cheaper than other places due to government subsidies., The only all-day class in the neighborhood(morning 9from o'clock to p.m. 6until o'clock)was operating.   My mother at the time ○○life insurance lady(In modern terms, an insurance planner) Because I was working, there was no one to take care of me. 5He took me with him to work until he was three years old.(So, I held my mother’s hand and went around Seoul and Gyeonggi Province to sign up for insurance for my acquaintances.), 6When it became possible to enroll in full-day kindergarten after I turned 12 years old, they enrolled me in it..  morning 8city 30If you take the kindergarten shuttle bus in front of Bungyeong house,, Picking up children around the neighborhood 9Arrived at Sikyung Nursery School, Eat snacks and lunch at the nursery, My routine was to take a nap and play all day, then my mother would pick me up from work in the late afternoon..  There is one memory that comes to mind every Christmas., This is something my mother often tells me she's sorry about to this day..  12month 23Is it work? 24I think we had a Christmas event at the preschool at the time., It was one of those days when children put on plays, gave speeches, and played games with their parents.. On this day, as usual, my mother went to work and arrived at the nursery late in the event., The other children's mothers were all holding wrapped gifts.. So the mother said to the other child's mother “oh my, I guess they gave gifts to children at the nursery like this.? Thank you so much” I said, The child's mother was surprised when she was asked the question. “ah, You haven’t heard from Youngmin’s mother.? I asked the mothers to prepare gifts to give to the children today.. I guess you were busy with work and didn't receive the message.”He answered,.  in other words, When parents bring wrapped gifts for their children,, At the end of the event, a shuttle driver dressed as Santa was handing out gifts., At that time, there were no online Kids Note notifications like there are these days., The only thing that was done was to pass on awareness messages between mothers or write them down on paper notices at the kindergarten., My mother had missed it..  So my mother rushed to the kindergarten building. 1I went to the supermarket on the floor and bought as many bags of snacks as I could get my hands on, then packaged them at the stationery store next door., The delivery was completed safely.... Finally, it's time for Santa's long-awaited gift.  Friends receive gifts one by one and excitedly open the wrapping paper., The King Lion combined robot set was popular at the time., lego gift sets, Young Playmobil Gift Set, Everyone was cheering with joy as gifts that children really wanted to receive, such as a princess kitchen play set, came out one after another..  Finally it's my turn.  Santa Claus says you are kind and gives you gifts., It is different from other friends in terms of appearance.. The friends are in a large box, wrapped in colorful wrapping paper and with a ribbon band around it., Mine is small and wrinkled.. Still, I was full of anticipation and excitedly opened the packaging., this. Although I usually ate it, I didn't expect anything from a Christmas present. ‘scotch candy’ Isn't that one bag my gift?.  At that time, my mother looked at my expression and, 6Even though he was only a year old, the disappointed expression on his face was very clear.. Then, as I looked at my other friends, I saw the envy and disappointment on my face....As we walked hand in hand on that winter night when the sky was full of twinkling stars, my mother asked me.  “I didn't get the gift I wanted? Santa Claus will give you something better soon.”  “huh. But I like this too.”  There was no way I, an unfilial person, would have said something like that at the time., From what my mother remembers, I definitely said that.. So when I was a teenager ‘I don't know where that came from my stomach.’Even after getting angry,, When I was young, whenever I remembered the above Christmas incident, my anger subsided quickly.. No matter how I look at it, I'm an angel.   Anyway, a few days after the above incident, I heard that Santa Claus had left a new one all night long, and that it was the most popular item at the time. ‘Jedi Lightsaber Radio’I received it again as a gift.. And I remember climbing on blankets in every corner of the closet and having fun playing walkie-talkie with my father..  From that 35last year last year 12month 23Day. now 3There was a Christmas event at the daycare center for my daughter, Dawon, who is now 18 years old.. Just like when I was young, there was a gift-giving ceremony prepared by each parent....  While preparing a gift, I told my wife ‘Don't prepare something too big, Even if you receive a gift, do not take off the wrapping paper and check it right away.’I asked you to. This was said out of concern that there might be a child whose parents were too busy to prepare a gift, or that a child might be disappointed after seeing a gift that was better than his/her own..   Fortunately, my worries above were unfounded.. At the Dawon Daycare Christmas event, all children’s guardians attend and exchange gifts., The children didn't open the presents on the spot and went home to check them.. Was it the daycare's consideration to prevent the disappointment I experienced when I was young??  Dawon’s gift for this Christmas is ‘Kongkongi Hospital Play Set’was. And on Christmas Eve, my grandmother, maternal grandfather, There was even a time when everyone, including my aunt, gathered together and handed out gifts separately..   now 80My father and mother, who are all grown up, were unable to be together due to a severe cough and cold suspected to be coronavirus, so we only had a video call., The wound in the mother's heart as she watched her granddaughter's tricks through the phone seemed to have completely healed.. A parent's love for their child is endless., Now my mother no longer has to feel sorry for me., It was a happier Christmas than ever with sweet memories of scotch candy..  [View full article] - [essay] memories of christmas (Go to)
Law School Times
2024-05-31
[자유발언대] 로스쿨 선배 변호사가 16기 후배들에게 전하는 ‘로스쿨 생활 Tip’
[Column] [Free Speech] ‘Law school life tips’ from a senior law school lawyer to the 16th class of juniors
“Hello lawyer! I received help with editing my self-introduction. 000no see. thankfully 00law school ΔΔPassed all law schools, 00I even passed law school with honors.ㅜㅜ Thanks a lot for your help. thank you”last year 12month 1Day, I still vividly remember how I felt when I received the above text message.. I was really happy as I was when I got accepted to law school., I was able to truly feel that this is the joy and reward of teaching.. Law schools including the above admitted students 16Congratulations again to our juniors on their passing., from now on 3As a senior, I would like to give you some advice to help you spend your time more efficiently and rewardingly..First of all, everything you study at law school is mine.16Don’t forget for a moment that this is for the purpose of passing the bar exam.. Prepare for the bar exam by focusing on school classes and textbooks as much as possible., What I personally think is lacking, For example, tips for writing case-type answers or a summary of the latest precedents can be found at the academy.(Internet) It's also a good idea to take advantage of the lectures.. If you don't like the school classes or textbooks, you completely ignore the school curriculum and study on your own., You should never study solely based on academy lectures.. Since the bar exam preparation committee members are your law school professors, it is necessary to coordinate your school classes and bar exam preparation as much as possible..Also, your law school life begins with taking classes and, Yes in the reading room‧reviewing, It's as monotonous as spinning in a squirrel's wheel, eating and repeating this over and over again.. This is natural for bar exam takers., It can be said that the simpler life is, the more desirable it is.. So, simplify your daily life as much as possible. However, if you refer to the contents below, you can find your own fun and have fun even in the monotony above. 3You'll be able to spend years.first, Religion in law school, work out, Various clubs focusing on specialized areas of law, etc., The academic society exists. Among these clubs or societies, we recommend that you join and participate in at least one that suits you.. Not only will it boost your motivation to study by providing new stimulation to the same law school life every day, but it will also be a great help in resolving various interpersonal relationship issues that are different from those in undergraduate school..second, As early as 1Usually starts during the winter vacation of the school year. 2school year summer, Each winter vacation 2Law firms outside the state, prosecution, courthouse, etc (public)There are opportunities for practical training at institutions, etc.. At this time, actively go to institutions in the field of interest or in the field in which you would like to work in the future and take lectures., Writing and editing, Use it as an opportunity to recharge your body and mind tired from studying by experiencing company dinners, etc.. You will also meet many alumni from other law schools during the above process., I hope that you will actively enjoy the benefits of exchanging special lecture materials and other information through the personal network you formed at that time..third, The law school has several external competitions that you can participate in., of the court <Gain Legal Argument Competition>, of the Constitutional Court <Mock Constitutional Trial Contest>, Personal Information Protection Committee <Personal Information Protection Mock Trial Contest>, Korea Internet & Security Agency's <imitation ICT Dispute Resolution Contest> The back is exactly that.. If you participate in one of these and get hands-on experience in advance,, By then, you will be able to study much more efficiently as you will have a clear idea of ​​how what you have learned in class will be used in practice in the future..fourth, If your school has a credit exchange course or degree with an overseas law school,(LLM) If an acquisition system is in operation 1It is also recommended to spend about a year as an exchange student.. The broadened horizons gained through learning and experiencing the legal systems of our country and other foreign countries will greatly contribute to future career decisions and employment.. By any chance, you can take the bar exam through this. 1If you are worried about the disadvantages of passing the exam a year late,, Ask for advice from nearby professors or seniors.. Most people would say do it if you can..fifth, law school 3The 2018 curriculum is a longer and more difficult journey than you might think.. So you need to exercise appropriately(Light jogging or gymnastics rather than strenuous exercise that uses up a lot of strength., stretching, swimming, fitness, etc.)and nutritional supplement intake, You must maintain your physical strength through a regular lifestyle.. As the saying goes, a healthy mind leads to a healthy body, so the physical strength you develop consistently will serve as your greatest strength not only in law school and the bar exam, but also in your future practice..sixth, Law school is a professional master's program.. Therefore, unlike in undergraduate school, communication with professors can be much easier and more convenient.. Professors not only answer questions related to academics but also ask questions related to human relationships., course, We are always ready to help you with any of the numerous problems you face, including employment.. So you just need to seek help first. Never think of your professor as difficult, but actively approach him and ask for advice..I think my younger brother is about to enter law school., I've given you some sincere advice.. You have already been sufficiently proven to have the qualities and aptitude to become excellent lawyers.. from now on 3I sincerely hope that you can demonstrate your talents and potential to the fullest over the years and pass the bar exam in one go.. good luck.  [View full article] - [column] [free speech stand] Senior law school lawyer 16A message to our juniors ‘law school life Tip’
law journal
2024-05-31
[칼럼] 로스쿨 자기소개서
[Column] Law school self-introduction
As someone who has experience reviewing and commenting on over 50 self-introductions at a law school admissions academy last year, and based on advice I received from my advisor while attending law school, I would like to introduce some tips that will help you write a self-introduction. First, the self-introduction is a key document that evaluates the two factors of a law school applicant: character and intelligence. It is evaluated whether the applicant has the ‘character’ to be able to examine not only himself but also his surroundings, and the ‘intellect’ to have the expertise and ability to provide appropriate legal advice as a lawyer. To put it more directly, it means checking whether you are a selfish person that only you know and whether you have the basic qualifications to pass the bar exam in three years. Therefore, when answering each question in your self-introduction, please first think about which of the two factors above is being evaluated. Second, when writing your motivation for applying, it is a good idea to clearly state why you applied to the law school in question. By emphasizing the strengths of the law school, such as specialized content, recommendations from seniors, excellent faculty, high bar exam passing rate, systematic curriculum, and various scholarship benefits, you can clearly convey the motivation for applying and at the same time appeal to compatibility with the law school. Third, in the shortcomings section, it is a good idea to write down elements that can be interpreted as advantages in other aspects (ex. perfectionism, etc.). Also, be sure to mention that you are clearly aware of these shortcomings and that you will make some efforts now or in the future to improve them. So, if you can convince the evaluator that such shortcomings will not be a problem at all in future law school life and bar exam preparation, it will be a huge success. Fourth, regarding your academic plan after entering law school, above all, make it clear that you will faithfully complete the curriculum provided by the school, and that you will supplement only the shortcomings through online lectures, etc., so that completing the law school curriculum and preparing for the bar exam become one. In fact, after entering law school, there are students who neglect school classes and only listen to online academy lectures to prepare for the bar exam. If you mention the above in your study plan in advance, you will definitely make a good impression. Fifth, the section on subjects completed and grades during undergraduate school is intended to evaluate the intellectual aspect of the applicant in earnest. Here, you can appeal that you have prior experience taking law courses, that you have passed a certification exam that includes law courses, or that your grades in law courses were particularly excellent. However, even if you do not have any law-related history as above, you can honestly describe what you experienced while studying your major subject, for example, if you have improved your grade by retaking a course, why you got a bad grade the first time, what improvements you made that resulted in your grade going up when you retook the course, and how you will apply what you learned in law school. There is no need to focus on studying the law in advance while preparing for the patent attorney, certified labor attorney, or first exam of the public administration exam. Sixth, volunteer activities and non-academic participation activities are evaluated for personality aspects. You must appeal through specific episodes about how you demonstrated and developed cooperation, consideration, and leadership. It is much better to emphasize the impressions and lessons learned from your specific experiences rather than simply listing general details such as having done these activities. Seventh, regarding the formal aspect, even if it was an answer to a single question, it was much better to see it written in a separate table of contents. To the author who has read many self-introductions, in the end, a well-written self-introduction is one that naturally reveals the person's personality, values, and thoughts within the person's specific experiences. Even though we took the same classes and participated in the same club activities, the content and impressions we received were all different. Keep in mind that any experience can be the subject of your self-introduction, and try to include specific episodes rather than general abstractions as much as possible. We support the future of all students preparing to enter law school and wish them successful law school admission.  [View full article] - [Column] Law school self-introduction
law journal
2024-05-31
[칼럼] 불안감에 잠 못 이루는 수험생에 전하는 변호사시험 마무리 Tip
[Column] Tips for completing the bar exam for test takers who can't sleep due to anxiety
Three years ago, I taught a so-called 5th grade student who was taking the bar exam for the 5th time for about 3 months. As his bar exam experience shows, the above examinee studied a lot to the point where there were no academy lectures he didn't take or textbooks he didn't read, but at the time, he was so anxious that he couldn't even sleep properly. There was so much to see, but I was worried that I wouldn't be able to digest it all by the day of the test. In addition to basic books, optional, case, and record-type problem sets and commentary books, and the latest case studies, the number of special lecture materials distributed by schools and academies is truly enormous. At the time, I thought the test taker above was my younger brother, and gave my own tip that if you do this, you will definitely pass. And he continued to reassure me that I would pass until the day of the exam. I meant it. What was the result? The test taker above, who had not completed the military service at the time, easily passed the bar exam he took for the last time in his life, and is currently a military judge captain and is scheduled to be discharged next summer. Now that the 13th bar exam is just around the corner, I would like to introduce what I think is the ‘most efficient finishing tip’ for juniors who, like the test taker above, are barely getting through each day with anxiety. I hope this will be of great reference to you. First, let’s drastically reduce the amount of textbooks to read. In a state of extreme anxiety like now, you will only be able to see the content if you watch it with the confidence that you will pass the minimum amount of content. So what should I watch during the remaining time? For all public, criminal, and civil laws, prioritize in the following order: ① the latest three-year precedents, ② the Law Society mock exam in October, August, and June of this year, and ③ the 11th bar exam. And once you have digested all of the above, the scope gradually expands in reverse chronological order. That is, ④Law Association mock exams held in October, August, and June of last year, and ⑤the 10th bar exam will continue until the day of the exam. If there are any subnotes that you have carefully organized, add only those. In particular, if any precedents from the past three years were included in the case and record format during the Law Society's mock exams held in October, August, and June of this year, check the latest precedent collection once more and become fully familiar with it. You will find yourself smiling in the actual exam room. And from now on, I will study only through input. In other words, it is enough to do the output (=answer writing practice) once or twice for the subject in which you are weakest in order to relieve anxiety. There is absolutely no need to write answers on time just because you studied the case and record format of the Law Society mock test and the bar exam above. To be honest, you probably won't have time for that, and it's important to master at least one more content from the above textbook by the day of the exam. Therefore, after reading the problem, you can organize the issues and the table of contents in your head or in a notebook and then immediately read the explanation. In other words, study as if the above questions and explanations are a basic book, and there is absolutely no need to struggle to solve the questions.  If you read this far, don't these questions come to mind? ‘What should I do if the question is asked outside of the above range?’ Three years ago, a test taker also asked me the same question, and my answer at that time was as follows: “Even though you have completely digested 3 years of the latest precedents, the latest 1 year law association mock exam, and the most recent 1 year bar exam questions, if a question is asked outside the range, you will not be able to solve that problem in the same way even if you look at the basic book from now on, and the same will probably be true for other test takers. You are the most efficient. Be confident that you are studying.” I sincerely hope that all of the students reading this for the 13th bar exam pass and that we can meet in the field next year. I hope you persevere until the end.  [View full article] - [Column] Tips for completing the bar exam for test takers who can't sleep due to anxiety
Asian Economy
2024-05-30
법무법인(유한) 대륜, 크리에이티브국제미협과 법률자문 MOU 체결
Daeryun Law Firm (Limited) signed a legal advisory MOU with the Creative International Association of America
Daeryun Law Firm (Limited) has signed a business agreement (MOU) for legal advice with the Creative International American Association of Beauty, including lawyers for intellectual property rights to protect trademark and patent rights in the beauty area. At the MOU signing ceremony for business cooperation held at Daeryun's Yeouido headquarters on the 29th, officials including Daeryun CEO Go Byeong-jun, CEO Kim Kuk-il, Creative International American Association of American Association Chairman Park Mi-jeong, and Director Han Eun-jeong attended. Incorporated. Creative International is an organization established for the development of the beauty field, including fashion, makeup, and makeup, and is taking the lead in leading the K-beauty industry. Through this agreement, the two organizations will cooperate with each other for ▲ joint projects for the development and expansion of the K-beauty field ▲ response to association-related disputes ▲ legal review necessary for advertising and promotion ▲ legal consultation to revitalize the beauty field ▲ seminars and education for joint projects. It is planned. Park Mi-jeong, chairman of the Creative International Rice Association, said, “Our association is accelerating artistic and academic research to expand the K-beauty industry. We are working to achieve the development of beauty content by strengthening global networking in the beauty industry such as hair design, makeup art, and nails.” He added, “Through this agreement, we expect to receive legal protection such as protection of worker rights and interests, technology protection, etc.” “Intangible assets have as much value as tangible assets,” he said. “We plan to quickly respond to related disputes to protect trademarks, patents, etc. in the beauty field.” He added, “We will mobilize all experts in each field, including Daeryun’s intellectual property rights lawyers, to make full preparations to handle the case and provide legal advice.” Daeryun, a law firm with 38 offices nationwide and the largest number of branches in Korea, has created specialized groups in each field to provide specialized legal services. It is provided. Daeryun, which recently moved its headquarters to Yeouido, expanded and reorganized its corporate legal group and signed MOUs with a number of companies.  [View full article] - Daeryun Law Firm (Limited) signs legal advisory MOU with Creative International Association (Click here)
The Fact
2024-05-30
아내 외도 사실 밝히려 몰래 녹음한 남편…검찰, 불기소 처분
Husband secretly recorded his wife to reveal her affair... Prosecutor's Office, non-indictment
A man who installed a tape recorder in his wife's car to secure evidence of infidelity during a divorce suit was not indicted on a man who installed a tape recorder in his wife's car to secure evidence during a divorce suit with his wife, who had an inappropriate relationship with several men. The Eastern Branch of the Busan District Prosecutors' Office announced on the 30th that it had suspended indictment against Mr. A, who was suspected of violating the Communications Secrets Protection Act. Unlike not guilty, deferred prosecution is a disposition in which the charge is acknowledged but is not brought to court considering the circumstances. On May 22 last year, Mr. A installed a mobile phone with the recording function turned on in his wife B's vehicle and attempted to record an undisclosed conversation between others, but ended up attempting to do so and was handed over to the prosecution on charges of violating the Communications Secrets Protection Act. At the time, Mr. A was in the middle of a divorce suit with Mr. B, and Mr. A knew that Mr. B had been meeting with several men and collected evidence to be used in the lawsuit. In the prosecution investigation, Mr. A's legal representative claimed that Mr. A committed the crime accidentally after confirming Mr. B's affair, and that the crime was only attempted after being discovered by Mr. B immediately after installing the device, and that Mr. A is fully responsible for raising the young children as a caregiver and parental authority. The prosecution argued that Mr. A has no history of criminal punishment, and that if punished, it is expected that he will have difficulty in economic activities. Taking into account the fact that Mr. A regretted the crime and pledged to do his best to raise his children, the decision was made to not indict him. Jang-min Jang, chief lawyer of Daeryun Law Firm (Limited), the legal representative in the case, said, "Secretly recording phone conversations between others is not a light crime, regardless of the motive. However, in this case, the person accidentally committed the crime in order to secure evidence in a situation where his or her spouse may be suspected of cheating. "He said, "We were able to receive a non-indictment by helping to take into account the fact that he had to suffer greatly mentally upon learning of his spouse's affair and the fact that he was a caregiver raising young children."  [View full article] - Husband secretly recorded his wife to reveal her affair… Prosecution, non-indictment (Go)
The Fact
2024-05-28
미성년자 상대 성범죄 혐의 30대 남성…정식재판서 무죄받은 까닭은? TF.CO.KR THE FACT
Man in his 30s accused of sexual crimes against minors... Why was he acquitted in a formal trial?
A man in his 30s who was reported for a sex crime after being tricked into having sex with a minor after being tricked by a fake ID was found not guilty after revealing that he had been tricked into meeting with a fake ID. The Busan District Court's 5th Criminal Division (Chief Judge Jang Ki-seok) announced on the 27th that it had found Mr. A (30) not guilty on charges of rape and attempted rape. Mr. A had been out drinking with acquaintances on December 13, 2022. He was sent to trial on charges of attempting to touch and engage in sexual intercourse with victim B (15 at the time) whom he saw for the first time. Mr. A attempted to kiss Ms. B during their first meeting, but after failing, he took the drunk Ms. B to a motel on the 16th of the same month and raped her. Ms. B reported that she had been raped after the incident, and Mr. A claimed that there was no sexual intercourse. At the trial, Mr. A's legal representative stated that the victim's statements were inconsistent, There was no objective evidence to support the statement, and after the incident, the victim argued that the people involved in the incident were showing abnormal reactions, such as reluctance to appear as witnesses. Previously, during the investigation, Mr. A stated that Ms. B lied about being a minor and proposed a meeting. Mr. A's legal representative proved that Ms. B lied about her age by showing a fake ID to Mr. A, and that Mr. A was not aware that Ms. B was a minor. The prosecution will admit that Mr. A recognized that Ms. B was a child or adolescent at the time of the incident. Judging that there was no evidence, the charge was not indicted. Kim Geun-soo, chief general counsel of Daeryun Law Firm (Limited), the legal representative in the case, said, "We often come across cases where people are unfairly accused of being rapists. In particular, there are many cases where minors lie about their age and approach us," and added, "There are also many cases where minors file complaints to demand money even though they have not been victims of sexual crimes. After becoming a suspect, the case investigation is centered on the victim's statement even if he or she claims to be innocent. “It is not easy to prove innocence,” he explained. Attorney Kim continued, “If the person claiming the victim fails to properly defend themselves even if their statements are inconsistent and unreliable, this will lead to a trial. Fortunately, this is a case where this was exploited and the victim was unfairly reported. Fortunately, the prosecution was able to recognize the fact that she was a minor and was acquitted by proving that she did not commit rape.”  [View full article] - Man in his 30s accused of sexual crimes against minors... Why was he acquitted in a formal trial? (Shortcut)
daily
2024-05-27
법무법인 대륜, 서울연세병원과 의료자문 MOU 체결
Daeryun Law Firm signs medical advisory MOU with Seoul Yonsei Hospital
Daeryun cooperates with an advisory group with medical knowledge and clinical experience… Planning to mediate medical disputes Hospital director Cho Sang-hyeon "It is difficult to establish and prove the facts of any medical disaster" CEO Kim Kuk-il "Signed medical advisory MOUs with multiple medical corporations... Proves reliability of advice" Daeryun Law Firm (Limited) Medical Litigation Group announced on the 23rd that it signed a medical advisory MOU with Seoul Yonsei Hospital. At the agreement ceremony held in the conference room of Seoul Yonsei Hospital, Daeryun Law Firm (Limited) CEO Kim Kuk-il and Choi In-seok Managers, Seoul Yonsei Hospital Director Sang-hyun Cho, Administrative Director Park Yong-soo, General Affairs Manager Yang Gwang-seong, and Nursing Director Heo Soon-ae and other officials attended. Seoul Yonsei Hospital is a 24-hour emergency surgery hospital that treats arms and legs, facial trauma, spine, and respiratory system. We provide high-quality treatment to patients by introducing the latest equipment and cutting-edge technology. Daeryun Medical Litigation Group of Law Firm (Limited) specializes in medical disputes, consisting of experts with backgrounds in hospitals, oriental medicine doctors, and pharmacists, medical lawyers registered with the Korean Bar Association, and lawyers who were former non-standing members of the Medical Dispute Mediation and Arbitration Board and former chief judges. Through this agreement, Daeryun Medical Litigation Group cooperates with advisory groups with medical knowledge and clinical experience to provide various types of medical disputes. We plan to represent civil and criminal medical lawsuits and mediate disputes. In particular, experts in related fields such as accountants, tax accountants, and labor accountants, as well as lawyers, also provide advisory services on the overall hospital operation. Director Cho Sang-hyeon of Seoul Yonsei Hospital said, "Continuous legal advice is needed in the medical and health field. In any medical dispute, it is difficult to prove the facts and prove them. However, Daeryun is highly reliable because it directly conducts evidence investigation and digital forensics." He explained. Kim Kuk-il, CEO of Daeryun Law Firm (Limited), said, "I believe that signing medical advisory MOUs with multiple medical corporations proves the reliability of Daeryun Medical Litigation Group's advice. We plan to provide continuous advice in all areas so that there are no legal obstacles to the operation of Seoul Yonsei Hospital." We are continuing to expand and reorganize the group. [View full article] - Daeryun Law Firm signs medical advisory MOU with Seoul Yonsei Hospital (Click here)
Women's Donga
2024-05-22
“아일릿은 뉴진스를 정말 따라했나?
“Did Aylit really follow New Genes?
The concept may be similar, but the similarity is natural under a roof that is difficult to prove legally.?  past 3month 251st mini album 1house ‘SUPER REAL ME’Aillet, a girl group who debuted as a member of Hive's label Belif Lab.. survival program ‘RU Next’Members were selected through, Chairman Bang Si-hyuk produced the debut album.. After the audition program ends, Aillet will receive approx. 6Although it debuted after 1 month, ‘Hive's youngest daughter’Iran's massive publicity and 10teenagers ‘super attraction’A song with a TikTok feel that created, The center of fashion Y2K Reminiscent of the past but with added alpha ‘dreamy innocence’ The concept came together to create various new records.. However, it is an undeniable fact that even before this incident broke out, there were opinions that the concept was similar to New Genes.. First of all, when you look at it simply on the surface, there are things that the public may feel are similar. 3There are branches. number of people, hairstyle, It's choreography. both groups 5It is composed of people and has overseas members. 2Each person is included. The number of people is an element that can give a feeling of similarity in choreography formations or group pictorials.. In addition, all five members of Aillet are unified in long black hair styles, maximizing their innocence in their debut song. ‘Attention’It's like when New Jeans first stood in front of the public.. Of course, long black straight hair is not the only original style introduced by New Jeans.. However, it is a different story when the girls group together with their long hair flowing and using it as a point in the choreography.. Actually, it's Aylet's song ‘My World’The choreography in which the members turn their backs and sweep their hair is performed by New Jeans. ‘Attention’ It is similar to the choreography movement in. In addition to this movement, NewJeans' ‘Ditto’and of Reseraphim ‘EASY’A movement that seemed to have been seen in was a hot topic.. Also, A-Lit's latest follow-up song ‘Lucky Girl Syndrome (Sped Up)’New Jeans’ McDonald’s in Edo CMHand movements similar to song choreography are seen..The choreography was intentional. ‘openly’ It can be seen as a strategy aimed at gaining popularity by imitating people.. The fact that there is a lot of talk about the concept, which can be said to be the group's identity, is a challenge that Aillet, who has just debuted, must solve.. Music videos or concept photos other than the current music, The consensus among experts is that New Jeans is emerging from Eyelet in general, including promotion methods..The concept may be similar, but it is difficult to prove legally. However, it is not easy to judge it as plagiarism just because the concept is similar.. law firm(finite) Taehwan Kim, a lawyer specializing in intellectual property rights at Daeryun, “When looking at Eyelet and New Jeans as individual products, there is a high possibility that they are similar.”as “However, even though it is quite similar in terms of concept, it is difficult to determine whether it is infringing on copyright based on legal judgment., It must be examined whether it constitutes a violation of the Unfair Competition Prevention Act.”explained.First of all, the concept ‘idea’It is not protected by copyright law as it is an area of. This is in copyright ‘Dichotomy between ideas and expressions’They say so, Copyright protects ‘expression’limited to ‘idea’does not protect. At this time, it is not the overall concept, but the music that is each element of the concept., Choreography, If substantial similarity and a dependent relationship are recognized in the area of ​​other copyrighted works, such as photographic works, it may constitute copyright infringement.. However, lawyer Kim Tae-hwan “The lyrics and melodies of the two groups' songs are different., There are many parts where individual choreography differs in detail depending on the flow of music.”as “If this is proceeded as a copyright infringement lawsuit, it is believed that there will be many legal defenses, so it will not be easy for copyright infringement to be recognized.”said.Even from the perspective of the Unfair Competition Prevention Act, it is ambiguous.. In the case of New Jeans and Eyelet, the provisions that will be problematic are acts of confusion such as business signs, etc., Stealing ideas, There is unauthorized theft of achievements, etc.. Regarding this, lawyer Kim Tae-hwan said: “From the victim's side ‘The person who stole the idea did not know about the idea or it was not widely known in the same industry.’I have to prove it, It is not easy because you have to prove that it is special or unique.”While “Also, whether the concept of New Jeans can be protected? ‘unique achievements’ It may be difficult to prove”gave an opinion. This is because it is not easy to prove that all the individual elements that make up the concept are new and have not been announced..There is nothing new under the sky. But we still have to try to make a difference., If that effort is visible, no one will have an issue with the perceived similarity.. Therefore, the controversy over Aylit and New Genes plagiarism is also connected to the issue of Hive’s morality.. Attorney Taehwan Kim “In areas such as creation or art, copying a concept is morally problematic.. The controversy arose over the fact that the concept was copied from a parent company, not a competitor, due to moral awareness., It seems like a situation sufficient to be criticized in terms of ethics.”said.Similarity under one roof is natural? In fact, let alone the similarity of the concept, ‘Is it okay for labels with the same parent company to cause such a plagiarism controversy?’Opinions are divided among industry officials on the issue of. Critic Kim Young-dae ‘Amplified’ In the podcast “Hive is now in a position to lead the gods., Rather than feeling like they are presenting something, they are expressing the most perfect state they can create. (repeatedly) is creating”I felt regretful..However, there is also a view that there is no problem because they are the same Hive labels.. One industry insider said “Just as Samsung refers to its predecessor when making the next version of its mobile phone,, Idol groups released by the same company should be allowed to have similarities”as “Other agencies also have similarities between their groups.”He said. Then he “Although CEO Min Hee-jin is currently leading Adore, he originally 2019Chief Brand Officer when joining Hive in 2018(CBO)joined the company. Of course, HiBro would have wanted to utilize Min Hee-jin’s capabilities across the entire group.”said.So, since it is a relationship between a parent company and its subsidiaries, is there a legal problem if New Genes' success grammar was used to promote group-level profits?. Currently, each label under Hive is dedicated to content production., Public relations and legal affairs are managed exclusively by the parent company, Hive.. Attorney Taehwan Kim “Hive is the company's ‘stable sales’A decision may have been made to actively utilize the process of reproducing similar content.”As a precedent worth referencing, 2017sentenced to years SPPIntroducing the Joseon ruling. At that time, Lee Nak-young SPPChairman Chosun is under the management of creditors. SPPPurchase materials for affiliated companies with Joseon's funds SPPHe was accused of breach of trust for causing damage by transferring shipbuilding scrap metal to another affiliate.. However, the Supreme Court did not recognize intentional breach of trust, judging that it was done within the scope of reasonable management discretion.. It was the first Supreme Court ruling that stated that support between affiliates within a group cannot be considered a breach of trust if it is for the common benefit of the group and not for a specific person or company..Attorney Taehwan Kim “When applying this precedent, although the field is different, Hive(parent company)autumn eyelet(Subsidiary affiliation)Can this be seen as an act of support for, If so, it depends on whether there is room for it to be considered for the group's common benefit. ‘crime of breach of trust’It seems that there is room to influence whether or not the”said. If support is provided at the parent company level,, Also, if it is judged to be in the group's common interest, the method of success of New Genes can now be seen in Aylit., Next time, Aylet's method of success may be discovered in the next group..  [View full article] - “Did Eyelet really follow New Jeans??
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