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Nak-Hyung Kim, handling multi-disciplinary cases including embezzlement, inheritance, and sexual crimes. Nae-Won Kwak, former judge at Seoul Administrative Court, specializing in administrative litigation. Daeryun Law Firm (Limited) announced on the 21st that it has hired Nak-Hyung Kim, chief general counsel, former chief judge, and Nae-Won Kwak, former judge. After being appointed as a judge at Ulsan District Court, Nak-Hyung Kim worked in Jinju branch of Changwon District Court, Busan District Court, and Busan High Court. He then served as chief judge at the Daegu District Court. While serving as a judge, Attorney Kim handled a variety of cases, including embezzlement, inheritance, and sexual crimes, and especially specialized in corporate crimes such as corporate trade secret infringement cases, embezzlement, and breach of trust. Attorney Kim said, "Using my experience as chief judge, I will keenly look into various violent crime cases and establish strategies optimized for clients," and added, "I will strive to provide the best legal services that customers can trust at Daeryun." He announced. After being appointed as a judge at Daejeon District Court, Attorney Kwak Nae-won served as a judge at the Seoul Administrative Court through the Gongju Branch of Daejeon District Court, Suwon District Court, and Seoul Central Court. Attorney Kwak, who specializes in administrative litigation, has filed a lawsuit against the Mayor of Busan Metropolitan City to cancel the imposition of a metropolitan transportation facility fee, a lawsuit against the head of the Yongsan Tax Office to cancel a gift tax imposition, and a lawsuit against the head of Gangnam-gu in Seoul to cancel a notice of non-permission for development activities, etc. In addition, he handled numerous cases of cancellation of industrial accident disapproval and violations of the Serious Accident Punishment Act, and distinguished himself in industrial accident cases. He has worked in various fields, serving as a member of the Korea Exchange (KRX) KOSDAQ corporate delisting review committee, a mediator of the Seoul Family Court, an advisory lawyer for Hanam City Corporation, and an advisory lawyer for the Korea Environmental Journalists Association. Attorney Kwak said, "It is not easy to prepare and win an administrative lawsuit alone. It is not easy to prepare and win an administrative lawsuit by yourself." He said, "I know very well what kind of argument I should make," and added, "I will do my best to ensure that you actually receive the results you expect when you prepare for a lawsuit with experts." Kim Kuk-il, CEO of Daeryun Law Firm, said, "I am looking forward to the performance of Attorney Kim, who specializes in corporate cases, and Attorney Kwak, who has extensive experience in administrative litigation. We expect that our expertise in the fields of corporate law and administration will be further strengthened by the addition of the two attorneys." He added, "We will strengthen expertise in each field and provide differentiated legal services. “We will continue to work hard to provide this,” he said.  [View full article] Joongang Ilbo - Lawyers Nak-hyeong Kim and Nae-won Kwak, former judges, join Daeryun Law Firm The Fact - Daeryun Law Firm recruits lawyers Nak-hyeong Kim and Nae-won Kwak, former judges

On May 10, 2024, Bithumb posted an exciting announcement. This means that it will provide tax support to users. Bithumb held a virtual asset 'Air-Drop' event for users from 2018 to 2021, and recently the National Tax Service notified users who received virtual assets through the above event of comprehensive income tax. As taxes have not yet been levied on profits obtained from cryptocurrency transactions, users may be embarrassed by the sudden imposition of tax. Bithumb decided to support taxes generated by airdrops to users. And the tax appeal process for the tax disposition is currently in progress. The imposition of capital gains tax on cryptocurrency transactions, that is, sales, exchange, and rental income, is scheduled to take effect from January 1, 2025. However, this only postponed the taxation of capital gains tax due to sales, exchanges, and rentals from a policy perspective, and inheritance or gifts of cryptocurrency were in fact still subject to taxation. So what about airdrops? Airdrop refers to the act of providing coins for free by a coin issuer. While transfer, such as sale, exchange, or rental, is when one party provides something and the other party pays money in return, a gift is an act where one party provides something to the other party for free. Therefore, an airdrop is a gift, not a transfer, so in principle, income generated from an airdrop is currently subject to tax. The problem is that taxation of airdrop coins may be a hasty disposition as it has not been specifically established what the legal nature of airdrops is and what taxes should be levied. Whether or not they are subject to taxation may vary depending on individual cases. Even if it is an act of free provision, if a free gift is provided according to the purchase quantity or purchase amount for a certain period of time based on an agreement between the parties, it is not considered a business gift and is not taxed. On the other hand, in the case of a free gift, taxes and dues are imposed on the recipient as it is considered as other income of the recipient. Unlike free gifts that are uniformly given based on purchase performance, prizes are viewed as items given to a limited number of customers through a drawing or other means. Department store gift certificates given when you purchase a certain amount at a department store are free gifts, and first-come, first-served items are prizes. In the case of the airdrop conducted by Bithumb, it was an event-based airdrop. In other words, this is a case where a coin issuer holds an event through Bithumb and if the conditions presented in the event are met, you can receive coins as an airdrop. Bithumb views the nature of event airdrop coins as free gifts as event rewards, but the National Tax Service seems to view them as giveaways and tax them. For reference, the United States and Japan impose income tax on coins acquired by individuals through airdrops, but Singapore and Australia do not impose taxation. We looked at the Bithumb airdrop event that took place throughout the year of 2018. Of the approximately 36 airdrop events, 30 were events in which cryptocurrency was paid differentially according to the contribution rate during a specific period or at a specific point in time. This appears to be exactly the same event as a department store gift certificate giveaway event. Therefore, since airdrops are performed uniformly according to purchase performance, it seems appropriate that airdrop coins received through these events are considered free gifts and are not taxed. In the remaining 6 cases, there were slightly different payment conditions, such as paying the coins to the lowest price purchaser of the event coins, the highest price purchaser, or the nth purchaser. Since this is a case where the winner is selected through a lottery or certain conditions must be met separate from the purchase, the coins received in this way are likely to be taxable as prize coins. It has not been confirmed specifically which event participants were subject to taxation. However, I believe that most of the event airdrops are in the nature of free gifts in that they are 'airdropped to the person who purchased this coin according to their share ratio'. If the National Tax Service imposes a lump sum tax on all recipients of Bithumb's event airdrop coins, Bithumb will likely have a lot to say about this. There are countless legal issues that have not been established in the blockchain and cryptocurrency markets. This 'Bithumb incident' is attracting attention as it is expected to become a leading case among legal interpretations of cryptocurrency. We hope that our laws and courts can become a catalyst for the growth of a healthy blockchain market.  [View full article] - [Column] Bithumb's airdrop and the National Tax Service's lightning strike, will airdrop coins be taxed? (Shortcut)

Following criticism that the income tax and corporate tax exemption system intended to encourage youth entrepreneurship is being abused, the tax authorities are beginning to investigate the actual situation. The youth start-up tax reduction is a system that provides income tax and corporate tax reduction for five years when young people (15 to 34 years old) start a business. This is an unprecedented tax benefit of 100% for starting a business outside of the overcrowding control area, and 50% for starting a business in the overcrowding control area for 5 years. The overcrowding control area is an area that is or is likely to be overly dense for the proper placement of population and industry in Seoul and the metropolitan area and needs maintenance. Therefore, if you have a business address outside of Seoul and some areas of Gyeonggi Province, you do not have to pay a single won in taxes. Compared to 2016, the scale of youth start-up tax reduction benefits has increased rapidly, with a 437.8% increase in the number of people and a 650.6% increase in the amount. It can be seen that this is a huge figure when compared to the figures for the total tax reduction under the Restriction of Special Taxation Act, which increased by 54.0% in number of people and 83.3% in amount over the same period. As many people are receiving tax reduction, the number of people who do not pay a single penny of tax through expedient means has also increased. A representative example is moving the business address outside of the overpopulation control area, registering the business falsely, and receiving a reduction in income tax and corporate tax. This clearly has the potential for tax evasion. This is the first time that the National Tax Service has initiated a tax investigation into a young entrepreneur who receives tax reductions. The tax authorities will first determine the status of business registration and check for legal deficiencies. In-won Kim, a tax lawyer who has been handling tax-related cases for a long time, including violations of the Tax Criminal Punishment Act, said, “Consultations for young people to receive tax reductions such as income tax and corporate tax when starting a business are steadily increasing.” He advised, "It seems necessary to check the current situation, such as receiving tax advice in advance to see if there are any problems when starting a business. In general, there is no problem if you follow the legal procedures to save taxes, but tax evasion by not paying taxes through illegal acts is an illegal act. Therefore, it can be said that tax issues absolutely require assistance, such as review, from an expert with long-term accumulated professional experience appropriate to the situation.  [View full article] - We are investigating the abuse of the ‘0 won income tax and corporate tax’ youth start-up tax reduction (link)

Providing high-quality legal services for all urban development-related work Daeryun Construction and Real Estate Group (Group Leader Gyeong-min Lee) announced on the 16th that it held a business agreement ceremony with the Angseong Hot Springs Tourist District Urban Development Business Association. At the agreement ceremony, Daeryun Law Firm CEO Kim Kuk-il, Corporate Law Group Head Won Won-il, Angseong Hot Springs Tourist District Urban Development Business Association President Hong Seong-man, Auditor Kim Chang-seon, and Park Cheol-woong, the implementation agent (city and Space Love) Vice Chairman and other officials attended. Through this agreement signed for the Angseong Hot Springs Tourist District urban development project, the two organizations plan to cooperate with each other in ▲ review of laws related to the urban development project ▲ review of contracts related to the urban development project ▲ response to urban development project disputes ▲ prevention of serious disasters that may occur and preparation of countermeasures ▲ sharing of various issues related to the urban development project, etc. Hong Seong-man, head of the Angseong Hot Springs Tourist District Urban Development Project Association, said: “We expect that Daeryun Law Firm will be of great help in finding ways to secure new urban growth engines and restore urban competitiveness by utilizing local resources such as hot springs and combining hydrogen energy and smart cities,” said Kim Kuk-il, CEO of Daeryun Law Firm. “We will do our best to ensure successful urban development of the Angseong Hot Springs Tourist District by providing high-quality legal services with real estate attorneys from the Construction and Real Estate Group.” Meanwhile, Daeryun Law Firm operates groups specialized in each field in addition to the construction and real estate groups, and is doing its best to provide high-quality legal services regardless of region by opening offices in small local cities that may be legally marginalized due to the largest number of direct offices in the country.  [View full article] - Daeryun Law Firm, legal advisory MOU with Angseong Hot Springs Tourist District Urban Development Business Association (Click here)

Appointed as judge of Changwon District Court... After serving at the Seoul High Court and the Seoul Western District Court, he served as the chief judge at the Uijeongbu District Court. While working as a judge, he was involved in various corporate financial and economic crime cases such as bribery and fraud, as well as criminal cases. Lee Jun-hee said, "I also served as a member of the Ministry of Government Legislation's Legal Review Committee... I will resolve customer cases based on various experiences." CEO Daeryun "Daeryun plans to lean more heavily on the corporate legal group in the future... We will develop the system" Daeryun Law Firm (Limited) Chief Judge on the 14th They announced that they had recruited lawyer Lee Jun-hee from the Changwon District Court. After being appointed as a judge at the Changwon District Court, this lawyer went on to the Uijeongbu District Court, the Seoul High Court, and the Seoul Western District Court, and served as the Chief Judge at the Jeju District Court and the Goyang Branch of the Uijeongbu District Court. While serving as a judge, this attorney handled a wide range of criminal cases under special laws, from various corporate financial and economic crimes such as bribery, fraud, and embezzlement, to violations of the Financial Real Name Act and violations of the Financial Investment Business Act. In addition, he developed expertise in corporate finance by serving as a deliberation member of the Capital Market Investigation Team of the Securities and Futures Commission and a member of the Legal Deliberation Committee of the Ministry of Government Legislation. As a lawyer, he successfully led corruption crime lawsuits, embezzlement cases worth billions of won, and lawsuits for cancellation of disciplinary action against administrative agencies, and was also active in a number of fields, including corporate finance, criminal affairs, and administration. Attorney Lee said, "While serving as a judge, I handled several cases related to corporate finance. “I think it will be of great help in criminal and administrative areas that may arise from corporate finance cases,” he said. “Having served as a deliberation committee member at the Securities and Futures Commission and the Legal Review Committee of the Ministry of Government Legislation will also be an advantage in handling important cases such as violations of the Capital Markets Act. I would like to apply my experience in handling multiple fields to solving clients’ cases at Daeryun.” CEO Kook-il Kim said, “Even if Daeryun loses its headquarters, “We are providing generous support to corporate legal affairs as we move,” he said. “We expect this lawyer, who specializes in corporate finance, to play a big role in the corporate legal group. I hope that he will further spread the know-how he has accumulated while working as a lawyer.” CEO Kim said, “Daeryun plans to further grow the corporate legal group. The recruitment of this lawyer shows the future direction to grow both corporate legal and financial fields.” “We will develop a system so that legal services can be conveniently used,” he explained. Meanwhile, Daeryun, which recently moved its headquarters to Yeouido and held an opening ceremony and is expanding its corporate legal group, also expressed its intention to become a global law firm.  [View full article]Dalian - Daeryun Law Firm recruits former Chief Judge Lee Jun-hee... Corporate Finance Litigation Expert (Go) Blotter - Daeryun Law Firm Recruits Former Chief Judge Lee Jun-hee... 'Strengthening Corporate Legal Affairs' (Go) Issue - Daeryun Law Firm Recruits Former Chief Judge Lee Jun-hee (Go)

Providing legal advisory services for global corporate growth, including technology protection, certification, and ESGKTNF (KTNF), a domestic server specialist, has strengthened its response in the legal sector, including protection of proprietary technology and trade secrets, and ESG and environmental advice. KTNF announced on the 9th that it signed a one-stop legal advisory business agreement (MOU) for technology protection and growth with Daeryun Law Firm. This agreement includes overall legal advice, including ESG and environmental advice, as well as KTNF's technology protection and certification, and trade secret protection. In addition, Daeryun plans to provide advice on internal human resources, labor, and tax matters as well as advice on resolving legal disputes. KTNF is a domestic company that specializes in developing and manufacturing various domestic servers such as x86 servers, security servers, AI/big data servers, edge servers, and ODM servers through continuous research and development since its founding in 2001. It has a clean room manufacturing line capable of manufacturing 100,000 units per year and is contributing to the development of the domestic computing industry by overseeing the government's server development tasks through its own technology. KTNF expected that the MOU with Daeryun would strengthen its contract and risk review capabilities for strengthening its domestic position in the server market and expanding its overseas expansion. Daeryun has recently expanded and reorganized the corporate legal group and intellectual property rights group by recruiting a large number of lawyers who were former patent court judges and lawyers from finance and AI-related companies, and is focusing on preparing measures to protect intellectual property rights (IP) of IT companies. Lee Jung-yeon, CEO of KTNF, said, “The Coreridge server developed with its own technology has been recognized for its technology and stability by obtaining various global certifications and being designated as an innovative product by the government. Based on this, we are aiming to become the world's best in the server market and become a global company. “Daeryun is the best law firm to provide continuous one-stop legal services with experts in various fields such as intellectual property rights, international litigation, and finance as well as general corporate advisory,” said Daeryun CEO Kim Kook-il. “We will assist KTNF, the representative of a domestic company, as closely as possible to quickly resolve various legal issues that arise during overseas expansion and business performance,” he said.  [View full article] E-Newspaper - KTNF signs one-stop legal advice MOU with Daeryun Law Firm (Go here) IT Daily - KTNF and Daeryun Law Firm sign a one-stop legal advice MOU (Go here)

The composition of the members who will lead the Gyeongbuk Autonomous Police Committee for the next three years has been completed. Gyeongbuk Province announced on the 9th that it will recently complete the composition of the members of the 2nd Autonomous Police Committee and hold an inauguration ceremony on the 20th. In accordance with related laws, the Autonomous Police Committee of each city and province is composed of a total of 7 members based on the nominations and recommendations of the governor, provincial council, superintendent of education, National Police Commission, and member recommendation committee. Gyeongbuk Province Governor Lee Cheol-woo was appointed chairman of the Autonomous Police Committee. Attorney Son Soon-hyuk (Chief General Counsel of Daeryun Law Firm), who served as Deputy Chief Prosecutor of Daegu High Prosecutors' Office and Chief Prosecutor of Busan and Daegu District Prosecutors' Office, was appointed. The remaining six members of the recommendation committee are: ▷ Park Doo-jin, former director of Hwarang Education Institute, ▷ Park Joo-young, professor of law at Andong University, ▷ Bae Seong-hoon, former head of Gyeongbuk headquarters of Maeil Shinmun, ▷ Son Young-jin, former Daegu The Dongbu Police Station chief, Jeon Jeom-sook, advisory member of the Pohang City Council of the Democratic People's Republic of Korea, and Jegal Don, professor emeritus of public administration at Andong University, were recommended respectively. The gender ratio of the nominated and recommended members is 5 men and 2 women, with the ratio of female members being 30%. The occupational groups include two professors, one each from lawyers, journalists, education, civic groups, and police officers. The Secretary General of the Autonomous Police Committee is elected at a meeting among members after the inauguration ceremony. Governor Lee said, "As the next Autonomous Police Committee is comprised of exemplary experts in various fields, we expect that local public safety services will be further improved."  [View full article] - The composition of the 2nd Gyeongbuk Autonomous Police Committee members has been completed... Launching ceremony held on the 20th (link)

A tip-off that Chairman Kim Hyun-jae of the real estate investment platform company 'K Samheung' committed an investment fraud worth hundreds of billions of won was reported on JTBC's 'Case Manager' today (8th). Since its establishment in 2021, K-Samheung, where Chairman Kim Hyun-jae is currently serving, has been promoting the company through the media and recruiting investors. The investment method they have proposed is 'land compensation investment'. The plan is that K Samheung will pre-purchase the land to be developed by the government or local government, receive compensation once the development is confirmed, and share the proceeds. Regarding the selection of the investment site, it is said that the land to be purchased by the government can be predicted through 'big data' analysis technology and that it has advertised that it has brought in experts from 'Google'. In particular, regarding the profits, etc., it promised 'principal guarantee' and 'dividend income of more than 2% per month' (profit of more than 24% per year). One damaged investor. He claimed, “Dividends and principal were coming in regularly, so most of the profits were reinvested,” and “Since last March, the money has suddenly stopped running out, so I reported it to the police.” Who is Chairman Kim Hyun-jae of K Samheung?...'A convicted real estate fraud convict' In the early 2000s, Chairman Kim Hyun-jae, who was the chairman of Samheung Group at the time, is known to have embezzled tens of billions of won using the 'planned real estate' method. Planned real estate is a fraudulent method of buying land in a certain area, dividing it into small pieces, and then selling it back to investors by making false or exaggerated advertisements such as 'land with good news for rising land prices.' In the early 2000s, he hired telemarketers to recruit investors by making up or exaggerating good real estate news, and later made huge profits by reselling properties purchased at low prices. As a result, Chairman Kim Hyunjae was put on trial on charges of embezzlement of 24.5 billion won and sentenced to three years in prison. Looking into K-Samheung... 'Capital of 1 million won, operating loss of 75.3 billion won' K-Samheung was founded by Chairman Kim Hyeon-jae after leaving prison. The victims' investors claim that although it advertised a real estate investment business, 'there was no substance'. In fact, according to the Small and Medium Business Status Information System, K Samheung was established with a capital of 1 million won, and recorded an operating loss of about 75.3 billion won last year. It is about three times the amount of the previous year (KRW 24.8 billion). The affected investors claimed, “It is highly likely that the investment money was being diverted elsewhere rather than being used for land purchase costs.” They also said, “We have not even received a proper explanation of how the profits will be paid or how the money will be raised.” According to the affected investors, the current amount of damage identified is about KRW 130 billion. In particular, one victim investor claimed to the ‘Case Manager’, “There are at least 1,000 victims, and the damage is expected to exceed 300 billion won.” K Samheung's side said, "I can't contact Chairman Kim Hyunjae... I have nothing to say." The Seoul Metropolitan Police Agency's Financial Crimes Investigation Unit is investigating Chairman Kim Hyunjae and other company executives on charges of fraud under the Act on the Aggravated Punishment of Specific Economic Crimes and violation of the Act on Regulation of Quasi-Receipts. Choi Hyun-deok, lawyer at Daeryun Law Firm, said of K Samheung's alleged fraud, "The mere fact that he said 'principal guarantee' and 'we will pay differential returns of about 80-250%' is intentional in the fraud case. In addition, he pointed out, "The victims used the IOU, but since they used it as a corporation without a joint guarantee, there is a high possibility that they will not get their money back if the corporation is dissolved." In relation to this, a high-ranking official of K Samheung said to the 'Case Leader', "We understand that Chairman Kim Hyun-jae is seeking a way to raise the proceeds," but added, "We have no contact with (Chairman Kim) and we have no information on his whereabouts."  [View full article] - [Saban Report] ‘Suspicion of fraud of 300 billion won’ K Samheung Chairman Kim Hyeon-jae... Even executives and employees “don’t know their whereabouts” (link)

Recruiting experts in military cases, building a nationwide network, and overseeing cases from former military judges with experience resolving internal military cases... MOU signing was also active. Headquarters control tower provides uniform legal services to local military units through organic cooperation. Daeryun Law Firm announced on the 9th that it will provide systematic legal services related to the military by strengthening the Defense Military Group, which specializes in military cases. The Defense Military Group provides legal services by forming a professional team of 3 to 20 people in each field depending on the size of the case. Daeryun recently led the group leader, attorney Kim Young-soo. A large number of military lawyers were recruited. The strategy is to increase the success rate by having a veteran expert with experience in internal military cases oversee the case. Attorney Kim Young-soo (13th military judge) is a former head of the Navy's legal affairs division, chief military court, and deputy general judge of the High Military Court, and has held key positions in the military, including the head of the Navy's High Prosecutors' Office and the director of the Naval Human Rights Center. Attorney Kim has handled major military criminal cases such as bribery cases and sexual assault cases within military units, as well as retirees' pensions. He has led unprecedented lawsuits, including group lawsuits related to underpayment. Together with Attorney Kim, Attorney Seo In-ho (16th Military Judge Advocate), a former military judge and legal staff member of the Army, will lead the dedicated team as a talented person with diverse experience, including military judge of the 3rd Corps (Inje) and 5th Corps (Pocheon), after working in the legal office of the Army Headquarters and the Joint Chiefs of Staff. Attorney Seo is the legal staff member (Chief of Prosecutors) of the 30th Division and the 3rd Corps. He served as a military rights advisor and chairman of the Special Deliberation Committee on National Compensation at the Army Headquarters. We specialize in military-related cases, including disciplinary action related to adultery between married people, disciplinary action for drinking, and various disciplinary cases such as disobedience to orders, failure to comply with instructions, and violation of decency. In addition to Attorney Kim and Seo, the National Defense Military Group includes the Chief of Legal Affairs at the 5th Air Mobility Wing of the Air Force, Younghyeong Kim (7th Class), a former Air Force military prosecutor, and the Chief of Legal Affairs at the 1st Marine Division, who served as a Navy legal officer. Military lawyers such as Kim Gyeong-deok (7th class), Ji Eun-hye (7th class), a former consulting attorney at the Army Logistics Support Command, Choi Hyeon-deok (8th class), a former Air Force disciplinary investigator and litigation officer, and Park Yong-heul (9th class), a former military prosecutor and head of the legal department at the 3rd Army Military Academy, join to systematically respond to military cases. He has successfully led a number of military criminal cases, including ▲ assault cases of junior soldiers, ▲ military sexual crime cases such as forced molestation and rape, ▲ superior officer insult cases, and ▲ military service law violations. With the recent revision of the Military Court Act, some military crimes, including sexual violence crimes, are investigated by civilian investigative agencies rather than military units and are tried in civilian courts. With the abolition of the High Military Court, judgments on factual trials must also receive legal judgment from outside professional judges, not from the military. However, in the case of disciplinary procedures, the consensus in the legal community is that they are conducted within the military unit and require the help of experts, such as the formation of a committee. Regarding this, lawyer Kim Young-soo explained, “Disciplinary members are not legal experts, and ordinary officers working in the unit become disciplinary members,” and “This is why communication from experts who know the atmosphere of the field is necessary.” The National Defense Military Group is strengthening its expertise and expanding its scope by linking a number of military-related cases, such as defense industry corruption, military secret cases, and IT business state contracts, with the corporate legal group. The plan is to provide optimal legal services through systematic collaboration between military lawyers and corporate legal experts. We are also actively developing military-related business agreements to expand the Defense Military Group, and signed a legal advisory MOU with the Korea Military Industry Association last month. Attorney Kim said, “Due to the special nature of the military, since there are military units across the country, the national office must move organically and work as one team.” “I will do it,” he said, expressing his ambition. [View full article] Asia Economy - Daeryun Law Firm forms a team of lawyers specializing in strengthening the National Defense Military Group (Go here) Jose Ilbo - Daeryun Law Firm strengthens the National Defense Military Group... A team of military attorneys responds quickly (click here)

Caregiver A was sentenced to 3 years and 6 months in prison in the first trial → 5 years in prison in the second trial. Hospital director's fine increased from 20 million won to 40 million won. A caregiver in his 60s who inserted a piece of sanitary pad into the anus of a patient admitted to a nursing hospital because of difficulty in handling bowel movements appealed against the first trial ruling, but the sentence was increased in the appeal trial compared to the original trial. According to the legal community on the 7th, the Incheon District Court's Criminal Appeal Division 2-3 (Chief Judge Shin Soon-young) overturned the lower court's sentence of 3 years and 6 months in prison for Mr. A, a Chinese national caregiver who was arrested and indicted on charges of violating the Welfare of Persons with Disabilities Act, and sentenced him to 5 years in prison. In addition, Mr. A was ordered to restrict employment at institutions related to the disabled for 10 years. The appellate court overturned the original judgment that sentenced Mr. B, the hospital director, who was also indicted on charges of failing to properly manage and supervise the nursing hospital, to a fine of 20 million won and sentenced him to a fine of 40 million won. From the end of April to early May, Mr. A performed sanitary sanitation on the anus of Mr. C, a brain lesion patient, at a nursing hospital in Namdong-gu, Incheon, on several occasions. He was arrested and indicted on charges of inserting 10 pads. As a result of the investigation, it was revealed that Mr. A committed the crime by cutting the pad used on the hospital bed. During the investigation, the defendant, Mr. A, claimed that “Mr. C had to change his diaper frequently because he had loose stools,” and “I inserted a piece of the pad into his anus to make it easier to dispose of the stool.” In the end, Mr. C suffered from anal fissures and defecation dysfunction, and his condition worsened, so he was transferred to a university hospital. Mr. C’s legal representative evaluated the victim’s physical evaluation and Based on the medical record analysis, it was proven that Mr. C suffered great physical and mental pain due to Mr. A's crime. In addition, it was proven that appropriate measures were not taken against Mr. B, who had neglected the management and supervision of Mr. A, after the first crime. Daeryun Law Firm, the legal representative of Mr. C, said, “The caregiver who was supposed to care for the patient with all sincerity abandoned his duty and committed an inhumane act.” He added, “We are also proceeding with a lawsuit for compensation for the victim’s damages. We plan to do our best to ensure that the victim receives appropriate compensation for his or her pain.”  [View full article] Edaily - A caregiver and hospital director who put pads in a patient's anus have their sentences increased on appeal (link) The Fact - A caregiver who put a sanitary pad on a patient's anus has their sentences increased on appeal... 3 years and 6 months → 5 years (Shortcut) Roy Issue - Sentence increased again on appeal for caregiver and hospital director who put pad in patient's anus (Shortcut) Yonhap News - Caregiver who put sanitary pad in patient's anus... I appealed and the sentence was increased again (Shortcut)