Press Coverage

For civil servants, the amount is ‘1 million won per time’, and for spouses, it is based on ‘job-relatedness’… The application of the law may vary depending on the type of sponsorship. In the wake of the controversy over famous YouTuber ‘Kwak Tube’ sponsoring a postpartum care center for the spouse of a public official, interest is focused on how the standards for receiving money and valuables differ between public officials and their spouses. Even if the sponsorship is the same, the standards for applying the law may vary depending on whether the public official receives it or his or her spouse receives it. Recently, Kwak Tube was at the center of controversy after it became known that it had received room upgrades and some services from a postpartum care center after the birth of a spouse's child. Kwak Tube said, “We confirmed through legal advice that it was a private contract unrelated to the spouse’s job,” but paid the difference in sponsorship as controversy arose. According to Article 8, Paragraph 1 of the Act on the Prohibition of Improper Solicitations and Receiving Money, etc. (Anti-Corruption Act), if a public official is assessed to have received money or valuables, regardless of job-relatedness, the contract exceeds 1 million won per time (3 million won per year). In principle, receiving, requesting, or promising money or valuables is prohibited. For this reason, it is pointed out that in this case, the legal judgment may be divided solely by the explanation that it is ‘not related to the job.’ This is because, regardless of the form of sponsorship, the amount standard can be applied if it is assessed that the actual benefit was enjoyed by the public official. The Anti-Corruption and Civil Rights Commission is said to have received a related complaint on April 10 and is reviewing the possibility of applying the law. On the other hand, when the spouse of a public official receives money or valuables, the standards for application are different. Money received by a spouse is a violation only if it is related to the public official's duties. Article 8, Paragraph 4 of the Anti-Graft Act stipulates that “the spouse of a public official, etc. is prohibited from receiving money or valuables in connection with the duties of a public official, etc.” Dae-soo Kim, general counsel at Daeryun Law Firm, explained, “If a spouse receives money or valuables, there is a possibility of violating the Anti-Graft Act only if it is related to the public official’s duties,” and explained, “The application of the law does not change depending on whether the spouse is an influencer or a member of the public.” Reporter Kim Jeong-ah ja.kim@ilyo.co.kr[View full article] The anti-graft law in light of the Kwak Tube controversy... Where do the criteria for application to public officials and spouses differ? (Shortcut)

BR Korea direct employment and Coupang CLS negotiations accepted… Most preemptive response industries are “keeping a close eye on the situation”… Pointing out the need for prior inspection Marking the first month since the implementation of the Yellow Envelope Act (Amendment to the Labor Union and Labor Relations Adjustment Act), which expanded the bargaining rights of subcontracted workers and limited liability for strike damages, the distribution industry's response was divided into three. While some companies are resolving legal disputes in advance or going through negotiation procedures, many companies are monitoring the situation without clear guidelines. According to Donghaeng Media Times' coverage on the 16th, each company in the distribution industry is responding to the characteristics of the industry by switching to direct employment, accepting negotiation within the law, and taking a wait-and-see approach. The most proactive types are those that changed their employment structure before legal disputes arose. BR Korea changed its employment structure to reduce the possibility of legal disputes. On the 8th of this month, the Chungju branch of the Ministry of Employment and Labor and the labor union announced a joint declaration between labor, management, and government, and directly hired all 180 production workers from HB Corporation, a partner company at the Eumseong factory in North Chungcheong Province. This is the result of three months of labor-management consultation. Baedal Minjok and E-Mart are examples of proactive responses to risks that were raised even before the enactment of the Yellow Bag Act. Woowa Brothers, the operator of Baedal Minjok, has regularized negotiations with the Delivery Platform Labor Union through its subsidiary Woowa Youth since 2020. Since 2013, E-Mart has converted its subcontracted and dispatched workforce to direct employment. At that time, more than 10,000 people were transferred to the headquarters. Some companies accepted the request for negotiation in accordance with legal principles. A representative example is the courier industry, where subcontractor unions have continued to be active. Under the Trade Union Act, the primary office that receives a request for negotiation must announce this, and if multiple unions exist, the representative negotiating union must be selected through the process of unifying the negotiation channel. CJ Logistics, Hanjin Express, Lotte Global Logistics, and Coupang CLS are currently waiting for the representative union selection process after receiving and responding to requests for negotiations from five courier unions. Industry officials said, “We will faithfully proceed with the negotiation process in accordance with relevant laws and regulations.” “Avoiding negotiation is a greater risk.” Check the contract structure first. Most distribution companies have not yet received a request for negotiation, so they are keeping an eye on the situation. However, the convenience store industry, such as GS Retail and BGF Retail, and e-commerce platforms, such as Musinsa, Avery, and Curly, have a high proportion of outsourced logistics, so guidelines need to be established. The food service industry, including Samsung Welstory, Our Home, and Hyundai Green Food, also has a large number of subcontractors. Each company is taking a cautious stance. An industry official said, "As the distribution industry involves various stakeholders such as partners, franchises, and logistics, we will respond carefully by examining the impact of system changes on the field." Concerns from the field were also raised. Industry insiders pointed out that "it is difficult to prepare proactive measures in a situation where there are no clear cases," "reckless demands may arise," and "the law was implemented with insufficient preparation for both workers and companies." Experts advise that even if a request for negotiation has not yet been received, subcontracts, etc. should be reviewed in advance. Attorney Bang In-tae of Daeryun Law Firm said, "It is natural for companies to lose their sense because a completely different order from the existing concept of user has been introduced," and pointed out, "Now is not the time to worry about whether or not to accept negotiations, but rather to consider each negotiation agenda." Attorney Bang continued, "The degree to which workers are dependent on the main contractor claiming to be the employer is a key indicator in determining usability." “If the processing process is instructed in detail or the service price is calculated based on the number of people and wages, you may be exposed to risk,” he said. He added, “Risk is more likely to arise from unprepared negotiation or avoidance than from incorrect negotiation,” adding, “It should be recognized as a problem not only in the human resources department but also in the overall management, which is connected to production, logistics, and legal affairs.” Reporter Hwang Jeong-won (garden@sidae.com)[View full article] Should we negotiate or wait and see? Temperature difference in distribution industry due to ‘Yellow Envelope Law in one month’ (Click here)

As the misuse of business loans for purposes other than their intended purpose is rapidly emerging as a key risk in the financial sector, a comprehensive investigation is in full swing. In the past, it was limited to sample inspections focusing on a few detected cases, but recently, the situation has changed with the financial authorities and the National Tax Service intervening simultaneously to track the entire process from loan execution to use of funds. In addition, there is a trend of strengthening crackdowns by investigative agencies. The National Police Agency announced that it conducted a 'special crackdown on real estate crime' for about 5 months from October 17 last year to March 15 this year, cracking down on a total of 1,493 people and sending 640 people, of which 7 people were arrested on serious charges. In particular, the Financial Supervisory Service and the National Tax Service are increasing the intensity of inspections as cases of real estate acquisition using business loans are accumulating, viewing this as an act of disrupting financial order and the real estate market. In this regard, the law firm Attorney Daeryun Shin Hye-jin emphasized, "If business loans and real estate acquisition are combined, it can lead to tax investigations and criminal liability beyond financial sanctions, so early management through cooperation with experts is essential." The following is a Q&A with Attorney Shin. Q. How is this full-scale real estate investigation conducted, and what are the key points that financial authorities look at first? ▲The core of the investigation is whether the purpose of the loan matches the actual use. This survey is not a simple sample check, but is conducted through comprehensive data analysis based on the financing plan. We collect all financing plans submitted when reporting home acquisition and classify them as business loans. Afterwards, financial institution loan data and National Tax Service reporting data will be cross-verified, and account flows will be analyzed to confirm whether the loan is connected to the real estate sale price, down payment, intermediate payment, or balance payment.Q. In what cases will it be detected? ▲The purchase of a home itself does not immediately lead to an illegality, but it may lead to investigation in cases where business loans are used directly as sales proceeds, when loan interest is treated as business expenses, or when real estate is acquired by lending corporate funds to individuals. In particular, if the loan flows through a personal account to the seller's account, or if the funds are transferred to a real estate transaction in a short period of time unrelated to the business, it may be judged as a loan for the purpose of acquiring real estate. In this case, corporate tax and additional taxes may be imposed due to denial of existing expenses.Q. What should I do if I have already purchased real estate using a loan, or if a problem is discovered during a thorough investigation? ▲Even if you have already acquired real estate using a loan, there is room for response. If you report corrections for evasion or voluntarily suggest a repayment plan before the financial institution's official notification of investigation, you can reduce the loss of overdue profits, reduction of additional taxes, and lower criminal risk. However, the timing of the revised report, method of explanation, submitted materials, and negotiation strategy vary greatly depending on the case. The National Tax Service can look into whether sales are omitted across the entire business, processing expenses, misappropriation of corporate funds, and mixing of personal and business funds, so it is important to review the law from the early stage.Q. If caught, what sanctions are there at the financial institution level? ▲Financial companies must check the suitability of business loans of 100 million won or more within 3 months after execution. If misuse other than the intended purpose is confirmed, the financial institution immediately recovers the loan, and the borrower's information is registered with the Korea Credit Information Service and shared with five financial industries, including banks, insurance, mutual finance, and credit-specialized financial institutions. If detected once, new loans may be restricted for 1 year, and if detected twice, new loans may be restricted for up to 5 years, which may affect overall business operations.Q. In what cases does it lead to criminal issues such as fraud? ▲The key is the intentional act of deception and defrauding at the loan application stage. If you stated that it was for business purposes but actually raised funds with the intention of purchasing real estate, you may be charged with fraud. In addition, if false business plans, sales data, tax invoices, or concealment of the use of funds are confirmed, this may lead to criminal charges. In particular, in the case of a corporation, if the representative used company funds to acquire a personal home, separate from fraud, the crime of business embezzlement under Article 356 of the Criminal Act may be raised. Because embezzlement at work is subject to aggravated punishment, the scope of criminal liability and level of punishment may be significantly heavier than for individuals.Q. How should I respond if I am notified of an investigation or if it leads to criminal proceedings? ▲It is most important to consistently organize the initial statement and direction for data submission. At the Financial Supervisory Service investigation stage, statements must be systematized focusing on the purpose of the loan and how funds were used, and at the National Tax Service response stage, all materials to prove the source of funds or business relevance must be prepared. At the criminal stage, the deceptive acts and intent to defraud, which are the requirements for establishing a crime of fraud, must be disputed in detail for each item, but a defense logic must be established in that criminal liability is not immediately established simply through simple violation of contract or change of use after the fact. In the end, depending on what and how this issue is explained, it could be the difference between whether it ends up as a tax risk, whether it escalates into financial sanctions, or whether it leads to criminal liability. Getting the initial response axis right actually determines the outcome. Eunhye Lee (zhses3@joseilbo.com)[View full article] "Blocking the source of misappropriation of business loans"... "Financial, tax, and criminal 'triple risks'" in joint comprehensive investigation (link)

‘Namu Wiki’, which is displayed at the top of online searches, is currently recording traffic that overwhelms that of large media companies and is having a significant impact on the formation of public opinion. However, behind the collective intelligence that anyone can edit, there is a fatal side effect of the indiscriminate distribution of unverified false information and malicious rumors. Unlike established media that go through strict fact checks, the structure without a minimum fact-checking process or even an editor in charge has become a hotbed of serious legal disputes. The biggest problem is evasion of the law through fragmentation of responsibility. Even if defamation or business damage occurs due to false information, it is not easy to realistically hold someone responsible. This is because it is difficult to identify malicious editors due to the nature of wikis where many people edit documents. The absence of identity verification and bypass access using a virtual private network (VPN) dramatically increase the difficulty of the investigation and ultimately lead to the ‘evaporation of responsibility phenomenon’, which causes victims to give up filing complaints. Holding the platform accountable also has clear limitations. According to Article 44-2 of the Information and Communications Network Act, when information that infringes on the rights of others is distributed, the information and communications service provider has the obligation to delete the information or take temporary measures at the request of the victim. Accordingly, Namuwiki is also taking temporary measures (temporary deletion of documents) against rights-infringing information. However, the 'transparency report', which discloses the information and reasons for victims' requests for relief, is causing further harm. This is because it triggers the ‘Streisand effect’, which amplifies controversy by stimulating the public’s curiosity, and encourages secondary harm. Deleted documents can also be rewritten after 30 days, so victims fall into the cycle of infinite deletion requests. Furthermore, the Supreme Court has ruled that if an information and communication service provider makes a profit by neglecting defamatory posts, it can be held liable for joint tort by aiding and abetting (see Supreme Court decision 2008 Da53812, etc.). Namu Wiki, headquartered in Paraguay, generates enormous domestic advertising revenue while hiding behind its own ineffective regulations and allowing the re-distribution of illegal information, which misrepresents the purpose of precedent. Even in this seemingly solid legal blind spot, there is a breakthrough to regain damaged rights. This is because some large law firms, including Daeryun Law Firm, where I belong, are providing services to track hidden perpetrators by simultaneously utilizing the legal systems of Korea and the United States. Specifically, it utilizes the U.S. court's discovery (evidence discovery) system to identify identity information of bypass users who accessed via overseas servers. Through this close cooperation between Korean and American lawyers, it becomes possible to take a practical response by holding users hiding behind anonymity directly civil and criminally responsible. Of course, structural problems cannot be justified just because an individual response is possible. Legislative and regulatory authorities must establish legal jurisdiction by strictly applying the domestic agent designation system to large platforms that avoid the law because they are overseas corporations. Furthermore, there is an urgent need to establish an institutional system that can impose effective sanctions in cases where platform management obligations under the Information and Communications Network Act are intentionally neglected. The rights and profits enjoyed by the platform must be accompanied by corresponding responsibilities. ● Contributions by external writers may differ from the editorial direction of this magazine. Gyeonggi Ilbo webmaster@kyeonggi.com[View full article] [Contribution] ‘Namu Wiki’ legal contradictions and the need for regulation (link)

The bereaved family "did not throw a lifeline and just stood by"... Suspicion of manslaughter due to occupational negligence Amid suspicions of poor response by rescuers surrounding the capsize of a fishing boat that occurred at Naksan Port in Yangyang-gun, Gangwon-do last month, the police began an investigation. According to the legal community on the 15th, the Sokcho Police Station received a complaint filed by the bereaved family of Captain A, who died in the accident, against six people, including the paramedic and rescue worker who were dispatched at the time. The charge applied is manslaughter due to occupational negligence. The bereaved family claimed that the death occurred because the crew members arrived at the scene and recognized Mr. A in danger, but did not even make minimal rescue efforts, such as throwing life-saving equipment. According to the bereaved family, immediately after the accident, Mr. A swam to the vicinity of the breakwater wearing a life jacket and loudly requested rescue. However, the crews who arrived at the scene did not immediately carry out rescue activities such as throwing lifelines. Mr. A, who was struggling after being pushed by the waves again, was rescued about 20 minutes after the accident, but eventually died. The bereaved family pointed out, "If you look at the video filmed at the time, even when Mr. A's spouse, who was elderly, tried to rescue her husband by directly jumping into the sea water, the crew members just watched the scene calmly on the breakwater for at least a minute." Seo Bong-ha, an attorney at Daeryun Law Firm representing Mr. A's bereaved family, said, "At the time, three crew members were holding a life-saving ring. “The victim was still conscious, waving his hands while carrying him to the end of the breakwater and returning,” he said. “Even after the crew returned, acquaintances at the scene tried to rescue the victim. If active rescue activities, such as throwing life rings, had been carried out even at this time, the situation would have been different,” said Attorney Seo. He emphasized, “There is an urgent need to secure objective data through search and seizure.” Reporter Hwang Jeong-won (garden@sidae.com)[View full article] Donghaeng Media Era - Suspicion of 'poor rescue' in Naksan Port fishing boat capsize accident... Police begin investigation into 6 members (link) News 1 - Naksan Port capsize accident victims' family "rescue delayed"... Six rescue and paramedics sued (link)

A man in his 70s who was suspected of defrauding insurance money by repeatedly being admitted and discharged dozens of times was acquitted of charges. According to the legal community on the 15th, the Tongyeong Branch of the Changwon District Prosecutors' Office decided not to indict Mr. A, who was transferred on charges of fraud and violation of the Special Act on Prevention of Insurance Fraud on the 19th of last month. Mr. A received insurance money by repeatedly being falsely hospitalized for diseases such as lumbar spine and intervertebral disc disorders for about 10 years since 2008. He was accused of receiving it. The police believed that Mr. A had swindled more than 60 million won in insurance money and handed the case over to the prosecution. Mr. A completely denied the charges. He claimed that he only received long-term hospital treatment and hospitalization for an actual illness, and that there was no false hospitalization for the purpose of receiving insurance money. The prosecution found it difficult to acknowledge Mr. A's intentionality. In the case of insurance money received from 2008 to 2015, the statute of limitations has expired, and the insurance money of about 14 million won received in 2019 was also judged not to have been misappropriated by fraudulent doctors. Meanwhile, the prosecution ruled that the need for hospitalization treatment may vary depending on the patient's condition and the doctor's judgment, that actual treatment such as examination and surgery was performed during some hospitalizations, and that there are mixed evaluations of the appropriateness of medical treatment. It was cited as the basis for the disposition. In addition, taking into account the fact that Mr. A had maintained the insurance contract normally for a long period of time and the level of insurance premiums was also difficult to consider excessive, it was judged that it was difficult to conclude that there was a purpose for defrauding. Attorney Cho Ik-cheon of the Daeryun Law Firm, who represented Mr. A, said, "We focused on the fact that there was a need for actual treatment by comparing the medical records and treatment progress." “We have proven that there was no intention through legal principles that are difficult to determine,” he said. Reporter Kwon Byeong-seok (bsk730@fnnews.com)[View full article] People in their 70s suspected of stealing tens of millions of won in insurance money... Non-indictment disposition (link)

Accused of pulling a child's clothes, knocking him down, and neglecting him during class. “It is difficult to admit that it occurred during the instructional process as intentional child abuse.” An instructor who was accused of intentionally pulling a child's clothes and causing him to fall during a skating lesson was cleared of charges after an investigation by the prosecution. According to the Cheongju District Prosecutors' Office on the 14th, a man in his 20s, Mr. A, who was handed over to the prosecution on charges of violating the Child Welfare Act (child abuse) on March 23, was not charged. The decision was made. While giving skating lessons at an ice rink in November 2025, Mr. A was accused of abusing children by pulling on the clothes of student B and pushing him by grabbing his legs. In response, Mr. A completely denied the charges, saying that B had continued to disobey instructions and played around, and that he had only grabbed the hem of B's clothes to prevent him from starting ahead of other children on the ice. The prosecution said, "The victim is wearing safety gear. He stated the reason for non-indictment, saying, "Considering that there were no significant injuries and that the relationship was amicable to the extent that the victim played a prank on the suspect right before the incident, it is difficult to admit that there was intent to abuse the child." In addition, the prosecution noted that the act occurred while the suspect was tutoring several children alone and said, "Asking responsibility solely for actions or results that occurred during the tutoring process without specific acts of harm makes the suspect, who is responsible for both safety and guidance, passive, which could easily result in neglect. “It can be done,” he added. Mr. A’s legal representative, lawyer Nam Sang-gwan of Daeryun Law Firm, said, “We focused on the dangerous environmental characteristics of the ice surface and the duty to prevent safety accidents assigned to instructors.” He added, “We were able to achieve a good result by legally demonstrating that the suspect’s actions were not physical and emotional abuse prohibited by the Child Welfare Act, but an inevitable and justified educational guidance action to protect the safety of the instructors.” Intern reporter Yujin Lim iyj721@kyeonggi.com[View full article] Skating instructor accused of child abuse, prosecutors acquitted... “Legitimate Safety Guidance” (Shortcut)

Daeryun Law Firm announced on the 14th that it has signed a business agreement (MOU) with the Ulsan Metropolitan City Taxi Transport Business Association to strengthen legal support for the transportation industry and decided to join forces to expand cooperation. At the agreement ceremony held on March 30 in the conference room of the Taxi Mutual Aid Center in Nam-gu, Ulsan, Daeryun CEO Chan-woo Jeong, Ulsan branch office director Gyu-hwa Hwang, and external cooperation attorney Gwang-hyeon Choi were present. Key officials from both sides, including Ulsan Metropolitan City Taxi Transportation Association Chairman Heo Deok-ryong, Vice Chairman Cha Jae-yeol, and Vice President Yang Yong-cheol, attended. The Ulsan Metropolitan City Taxi Transportation Association plays a role in supporting the stability of local transportation services by carrying out various projects to protect the rights and interests of its members and establish transportation order. Through this agreement, Daeryun plans to provide legal advice on the union's overall business operations and support systematic responses to legal issues related to the characteristics of the transportation industry, such as labor and contracts. Ulsan Metropolitan City Taxi Transportation Business Association Chairman Heo Deok-ryong said, "In a situation where legal issues related to transportation industry workers, such as the minimum wage, continue to arise, we expect to receive more systematic legal support through cooperation with a professional law firm." He added, "We will strengthen the foundation so that union members can focus on their work in a stable environment. “I will go out,” he said. Daeryun CEO Jeong Chan-woo said, “Daeryun provides customized legal services for each industry centered on the corporate legal team,” and added, “We will establish a close cooperation system with the Ulsan Taxi Association and continue to provide legal support that is practically helpful to the field.”[View full article] Daeryun signs MOU with Ulsan Taxi Association... ‘Strengthening legal support for the transportation industry’ (link)

Column by Attorney Jeong Hong-cheol of Daeryun Law Firm (Limited) Despite social awareness of drunk driving being higher than ever, the drunk driving recidivism rate is still at a serious level. According to the National Police Agency's statistics, last year's drunk driving recidivism rate reached 43.65%, and the chain of recidivism is not easily broken, with the number of repeat offenders caught more than six times in particular increasing significantly. In order to eradicate such crimes, the Supreme Prosecutors' Office and the National Police Agency established a 'joint prosecution and police joint drunk driving eradication measure' from July 2023 and introduced measures to confiscate and confiscate vehicles of habitual drivers. A total of 1,173 vehicles were confiscated across the country last year under this system. In particular, investigative agencies have been increasing the level of pressure on habitual drunk drivers by further expanding the confiscation criteria since the end of last year. Previously, vehicle confiscation was limited to cases where an accident resulted in death or serious injury, but the scope has now been expanded to include cases where a person is on trial for drunk driving or commits a repeat offense while on probation. Additionally, if a person with a history of drunk driving within 5 years is caught again while drunk with a blood alcohol concentration of 0.2% or more, he or she will be subject to this. This year, as these strict standards are applied across all fronts, vehicle confiscation cases are expected to rise even more rapidly. If you are at risk of vehicle confiscation due to being caught drunk driving, you must take thorough legal action to preserve the vehicle, which is a key household asset. For a successful defense, a legal approach using objective data from the early stages is essential. According to Article 48 of the Criminal Act, the confiscation of vehicles for drunk driving is not a mandatory obligation but rather an ‘arbitrary confiscation’ at the discretion of the court. Therefore, the key to defense is to explain that the vehicle in question is the family's only means of livelihood or that the confiscation is overly harsh considering the value of the vehicle. Furthermore, in order to avoid a sentence of vehicle confiscation, a persuasive argument is needed to 'block the possibility of recidivism'. It is necessary to go beyond simply a written reflection requesting leniency, and to have voluntary efforts recognized by the court through alcohol dependence treatment history or public transportation usage records. In particular, in cases of accidents involving human or material damage, whether or not there is an agreement to recover damages can be an important factor in not only sentencing but also in defending against vehicle confiscation. This is because reaching an amicable agreement with the victim and securing a 'non-punishment application' is the most important sentencing element that shows that the defendant has fulfilled his responsibility for his crime. At this time, there is a high risk that if the defendant directly enters into an agreement, it will be misunderstood as a ‘secondary offense’ and the agreement will be broken, so it is safer to go through objective mediation through a legal representative. Relieving the weight of the case through rapid damage recovery is the only practical justification for preventing punitive vehicle confiscation. A drunk driving criminal trial and vehicle confiscation defense are important legal procedures that require faithful submission and explanation of materials to support the facts and normal relationship. An emotional appeal of injustice alone cannot persuade investigative agencies and the court. Collecting evidence based on facts and responding in accordance with legal procedures based on consistent legal principles is the only sure way to protect precious property and daily life amidst massive institutional changes.[View full article] Strengthened standards for vehicle confiscation for drunk driving... What is the defense strategy to protect key assets? (Shortcut)

The prosecutors dropped the indictment of a man in his 40s who was accused of perjury by conspiracy to commit perjury after appearing at the trial of the other person involved in a physical fight and testifying that it was an assault on both sides, but when the other party was found not guilty, the Jinju branch of the Changwon District Prosecutors' Office cleared Mr. A summary order was imposed. Mr. B requested a formal trial, and the issue arose when Mr. A appeared as a witness at this trial. Mr. A testified to the effect that there had been assault on both sides between the two, and when the court found Mr. B not guilty, Mr. B accused Mr. A of perjury by conspiracy. Mr. A denied the charges, saying he made a statement from memory and did not make up anything false. Mr. A claimed that a physical collision actually occurred on the day of the argument with Mr. B, and that he was also diagnosed with an injury. As a result of reviewing the CCTV footage, the prosecution confirmed that A and B fell together or used physical force, and determined that there were circumstances that made it difficult to conclude that it was one-sided violence. In addition, in that perjury should be judged based on the entire purpose and context, not just some expressions of the statement, the statement made by Mr. A in court five months after the incident based on memory was considered false testimony. It was difficult to determine, so it was decided not to charge. Attorney Lee Seong-cheol of Daeryun Law Firm, who represented Mr. A, said, “The key to the crime of perjury is whether the witness made a false statement while recognizing that it was against his or her memory,” and added, “Even if there are some errors or contradictions in the statement, that alone does not constitute a crime of perjury.” He continued, “As a result of reconstructing the entire flow of the statement based on the video data and the physical circumstances of both parties at the time, we argued that it is difficult to acknowledge the intentionality of perjury. “I was able to receive a not guilty verdict,” he said. Reporter Jeong Cheol-wook[View full article] A man in his 40s was not indicted on suspicion of perjury after testifying that there was ‘assault on both sides’… Prosecutors say it is difficult to determine false statements (link)