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Sports Seoul
2024-02-05
“왜 나 모른척해?” 비즈니스 자리서 무차별 폭행… 합의했어도 상해죄 처벌 대상
“Why are you pretending not to know me?” Indiscriminate assault in a business setting... Even if there is an agreement, you are subject to punishment for personal injury.
After continuously mentioning the past, assaulted several times... Victim displacement After more than 8 weeks of serious injury, the victim sued the company... Tens of millions of won in settlement money paid, criminal record left despite receiving no punishment [Sports Seoul | Reporter Kim Su-ji] Mr. A, who indiscriminately assaulted the victim at a business reception on the grounds that he did not recognize him, paid tens of millions of won in settlement money to the victim, Mr. B, and received no punishment from Mr. B, but was sentenced to a crime of bodily harm. Mr. A and Mr. B did not have a special personal relationship in the past and did not have any acquaintance with each other. However, Mr. A, who met at a business meeting, mentioned, ‘I had met Mr. B before, and at that time, he ignored me.’ He kept repeating the same thing while moving, and as the argument escalated, Mr. A punched Mr. B in the face and the assault began. Mr. A beat Mr. B several times, including stepping on his foot and hitting his entire body as he fell to the floor, and did not provide any relief to the victim who fainted as a result. In the end, Mr. B was taken to the hospital, and after hearing that he had suffered injuries for more than 8 weeks, Mr. B's company recognized the damage suffered by Mr. B and filed a personal injury complaint against Mr. A. Mr. A paid tens of millions of won in settlement money and reached an agreement with Mr. B not to punish him, but in the end, a fine was imposed in the form of a fine. Daeryun Law Firm (Limited), which represented Mr. B's lawsuit, said, "Mr. A He used violence out of spite, and as a person who trained in martial arts such as fighting, the degree of injury was very serious, and at the time, Mr. B felt his life was in danger.” He explained, “It is a premeditated and indiscriminate violence, and could be recognized as subject to punishment for injury separately from the agreement.” Even if the charge is acknowledged, there are cases where the criminal action that leaves a criminal record, such as a suspended indictment, is not received depending on the case. In this case, too, after Mr. B reached an agreement with Mr. A, He expressed his intention not to seek punishment, and as it was his first offense, a quick conclusion was expected. However, it appears that Mr. A was found guilty after specifically proving his intention to commit the crime and the damage caused by it during the complaint process.  [View full article] - “Why are you pretending not to know me?” Indiscriminate assault in a business setting... Even if there is an agreement, you are subject to punishment for personal injury.
Maekyung Economy
2024-02-04
“홀덤펍 불법 도박 처벌합니다”…관광진흥법 개정안 통과 [국회 방청석]
“Illegal gambling at Hold’em pubs will be punished”… Amendment to the Tourism Promotion Act passed [National Assembly audience]
The amendment to the Tourism Promotion Act passed the plenary session of the National Assembly, providing a basis for punishing illegal gambling in hold’em pubs “Resolving the issue of fairness of punishment with other gambling industries” Lee Yong-ho “We will increase the effectiveness of cracking down on illegal hold’em pubs” Recently, as ‘hold’em pubs’ have become popular, especially in university districts and downtown areas, illegal cash transactions such as currency exchange and gift certificate exchange in hold’em pubs are rapidly spreading. Meanwhile, attention is focused on the establishment of a legal basis for punishing casino-related activities, such as illegal gambling in hold'em pubs, which have been in the blind spot of legislation. At a plenary session on the afternoon of February 1, the National Assembly passed a bill to partially amend the ‘Tourism Promotion Act’, which defines ‘casino business-like activities’ and establishes the basis for sanctions for casino business-like activities, with 209 present, 207 in favor, and 2 abstentions. There are predictions that this revision will have the effect of eradicating illegal gambling in hold’em pubs. ‘Hold’em Pub’ is a compound word of Hold’em (a type of card game played with a dealer) and Pub, and refers to a place that charges an admission fee, provides a gaming location and chips, and sells alcohol. Recently, as ‘anomalous hold’em pubs’, which engage in illegal gambling by exchanging cash for chips, playing the game, and then cashing out again, have become prevalent, many have pointed out that crackdown and regulation are urgent. The National Investigation Headquarters of the National Police Agency conducted an intensive crackdown on illegal gambling at Hold'em pubs from August to December last year, detecting 1,004 people and arresting 8 of them. According to related industries, it is estimated that there are currently about 3,000 hold’em pubs operating nationwide. The main content of this amendment is to establish a new definition of ‘casino business-like activities’ and prohibit them. The amendment defines casino business-like activities as ‘an act that causes property profits or losses to users by providing services that fall under the category of casino business under the Tourism Promotion Act for profit by a person other than a casino operator.’ With this new definition, illegal gambling in hold’em pubs is considered a ‘casino-like activity’ and is included in the prohibited activities under the Tourism Promotion Act. The current Tourism Promotion Act does not provide a ban on activities similar to the casino business, so there is a limitation that illegal gambling in hold'em pubs can only be punished for gambling or opening a gambling place under the criminal law. According to the revision of the law, anyone who engages in similar activities in the casino business will be subject to imprisonment for up to 7 years or a fine of up to 70 million won. This is higher than the level of punishment stipulated for the crime of opening a gambling place under the Criminal Act, which is imprisonment for up to 5 years or a fine of up to 30 million won. Jo Seong-geun, a criminal specialist at Daeryun Law Firm, said, “Under the current law, similar activities such as horse racing and horse racing, which are classified as gambling industries along with the casino business, are punished with imprisonment for up to 7 years or a fine of up to 70 million won. However, in the case of hold’em pubs, there has been criticism that the level of punishment is relatively low because the crime of opening a gambling house is applied under the criminal law.” He added, “Through this legislation, the issue of fairness of punishment with other gambling industries is expected to be resolved.” In addition, with the passage of this amendment, similar activities in the casino industry will be subject to surveillance by the Gambling Industry Integrated Supervision Committee (Compliance Committee). Reporters can receive a reward of up to 50 million won. The Ministry of Culture, Sports and Tourism expressed expectations that the effectiveness of crackdowns will be increased by activating internal reporting and reporting due to the nature of illegal gambling in hold'em pubs, which has been difficult to detect. People Power Party lawmaker Lee Yong-ho, who proposed the amendment, said, “The significance of the passage of this amendment is to bring illegal hold’em pubs, which are in the blind spot of the law, within the scope of the law,” and added, “We expect that the establishment of clear regulations on casino-like activities will increase the effectiveness of cracking down on illegal hold’em pubs.” Meanwhile, the Ministry of Culture, Sports and Tourism recognized the seriousness of the spread of illegal activities in Hold'em pubs and formed a 'Special Task Force (TF) to respond to illegal activities in Hold'em pubs' in July of last year in collaboration with the House Audit Committee, Ministry of Gender Equality and Family, National Police Agency, and Ministry of Food and Drug Safety, and prepared measures to eradicate illegal activities. In addition to revising the Tourism Promotion Act, the special task force is conducting a nationwide survey of hold'em pub operations, strengthening crackdowns on illegal activities in hold'em pubs, and designating hold'em pubs as harmful businesses for youth. Kim Geun-ho, director of tourism industry policy at the Ministry of Culture, Sports and Tourism, said, “We expect that this revision of the Tourism Promotion Act will allow us to effectively crack down on illegal cash transactions that occur in hold’em pubs, etc.” Lee Jin-sik, Secretary General of the House Audit Committee, emphasized, “The passage of this amendment will be an important clue to eradicating illegal gambling in Hold’em pubs,” and added, “Related ministries will continue to cooperate to respond strongly to illegal activities in Hold’em pubs.”  [View full article] - “Illegal gambling at Hold’em pubs will be punished”… Passage of amendment to the Tourism Promotion Act [National Assembly audience]
JoongAng Ilbo
2024-01-31
"발기부전 약 200정에 13만원"…횡재한 줄 알았더니 '직구 먹튀'
“130,000 won for 200 pills for erectile dysfunction”… I thought it was a windfall, but it turned out to be a direct scam.
In November last year, Mr. A (34) ordered 200 tablets of the erectile dysfunction drug Vidalista (a generic version of Cialis) for 130,000 won from an overseas direct purchase site. This is because the price is less than one-fifth of what it would be if you buy it with a doctor's prescription in Korea. But the medicine did not arrive even after two months. When I inquired with the company, the only response they gave me was “Delivery will begin soon.” Mr. A, who felt suspicious, inquired, and within 10 days, more than 100 people who had suffered the same damage gathered. Mr. A said, “I have been buying medicine directly from overseas for 8 years,” and “I chose the company because it had a high discount rate, but I got scammed.” Mr. A plans to sue the other victims and the company to the police. Recently, the number of victims of so-called ‘overseas direct purchase scams’, where people like Mr. A buy medicines through overseas direct purchase but do not receive the goods, are on the rise. This is because the number of sites selling hair loss treatments and sexual function enhancement drugs online has mushroomed in recent years. The number of sites suspected of overseas direct purchase fraud registered on the International Trade Consumer Portal increased significantly from 249 in 2020 to 325 last year. Last year, as a result of a crackdown by the Ministry of Food and Drug Safety, there were 18,331 posts about selling and distributing medicines online. In fact, when I searched for medicine purchase on Google on the 30th, I was able to immediately access the direct purchase site. Many of the companies were encouraging people to join the site and purchase by increasing the discount rate the more medicines were purchased, or providing points to both parties when a new subscriber wrote down a referral. The problem is that bringing medicines into the country without obtaining an import permit from the Ministry of Food and Drug Safety is itself a criminal act that violates the Pharmaceutical Affairs Act. In addition, hair loss and erectile dysfunction treatments, which are mainly sold by illegal direct purchase sites, are specialty drugs in Korea and cannot be sold without a doctor's prescription. Even if you fall victim to a direct purchase of pharmaceuticals, it is not easy to get relief. This is because scam sites are mainly based overseas. Illegal sales of pharmaceuticals are punishable by imprisonment for up to 5 years and a fine of up to 50 million won, but in reality, investigation is not easy. A police official said, “If the direct purchase company’s IP is located overseas, it will inevitably take a long time because we have to seek international cooperation for the investigation.” In addition, in the case of prescription drugs containing ingredients such as steroids, ephedrine, and etomidate, purchasers may be subject to a fine of less than 1 million won (Pharmaceutical Affairs Act, Article 98). The recent increase in the number of direct purchase companies of overseas drugs is due to the rapid increase in domestic demand. They visit direct purchase sites to obtain unlicensed medicines that are not available in Korea or to purchase them in bulk at low prices even if they are sold domestically. In 2022, Incheon Headquarters Customs caught six people who smuggled in and sold 57,000 abortion pills from China that were not approved in Korea. Some drugs used to treat ischemic cerebral infarction, cognitive impairment in the elderly, and narcolepsy are also misused as ‘smart drugs’ (drugs that improve your brain). Mr. C, who has experience purchasing the drug directly from overseas, said, “This medicine cannot be prescribed unless you are a patient diagnosed with dementia, so I had no choice.” Hair loss medicine and sexual function improvement medicine are constantly purchased overseas for the purpose of reducing costs. In fact, one hair loss medicine costs 16,500 won for 10 tablets when purchased at a pharmacy, but when purchased directly from overseas, it can be purchased for 2,600 won. Mr. Lee (36), who bought the hair loss medication directly from overseas, said, “To get a prescription, there is a long wait at the hospital and the price is high, so I buy it even at the risk of side effects.” The methods used by overseas direct purchasers to avoid the eyes of customs authorities are becoming increasingly sophisticated. They do so-called ‘can change’ by changing the packaging container, or they intentionally omit customs-banned ingredients such as steroids, ephedrine, and etomidate from the product name. Some take advantage of the fact that products priced under US$150 (approximately 200,000 won) do not need to report imports and report prices lower than the actual price. Some point out that punishment for buyers should be strengthened to prevent illegal overseas direct purchase of pharmaceuticals. This is because the punishment is lighter than that of sellers, and the drug ingredients that can be punished are limited. Attorney Choi Hyeon-deok of Daeryun Law Firm said, “The Pharmaceutical Affairs Act must be fundamentally revised to strengthen the punishment of buyers.”  [View full article] - "130,000 won for 200 pills for erectile dysfunction"... I thought it was a windfall, but it was a ‘direct purchase fraud’
Money Today, etc.
2024-01-29
법무법인(유한) 대륜, 곽민섭 전 부장판사 영입…"기업자문 특화"
Daeryun Law Firm (Liuhan) recruits former Chief Judge Kwak Min-seop... “Corporate Advisory Specialization”
Daeryun Law Firm (Liuhan) recruits former Chief Judge Kwak Min-seop... “Corporate Advisory Specialization”Daeryun Law Firm (Lihan), which represents intellectual property rights litigation and provides corporate consulting services, announced on the 29th that it has hired attorney Min-seop Kwak, a former chief judge. Attorney Min-seop Kwak was appointed as a judge at the Gwangju District Court in 1996, and served as a judge at the Patent Court and as chief judge and chief judge of the Haenam branch of the Gwangju District Court. In particular, he has served as a judge at the Patent Court for a long time and is currently a lawyer specializing in the field of intellectual property rights. He is handling numerous patent lawsuits, including patent invalidation lawsuits and patent infringement lawsuits, and is in charge of representing and advising companies in intellectual property lawsuits related to trademark rights, design rights, etc. While serving as chief judge and district attorney, he has experience handling many major crimes such as violation of the Public Official Election Act, sexual crimes against children and adolescents, arson and murder, and embezzlement cases. Attorney Kwak said, "I am happy to join Daeryun, Korea's 10th largest law firm," and added, "I will use my experience as a chief judge to contribute to the growth of Daeryun so that it can stand tall in specialized fields such as sexual crimes and intellectual property rights." CEO Kook-il Kim said, “As the demand for corporate advice related to intellectual property rights increases, we expect that the recruitment of Attorney Kwak will enable us to become a law firm specializing in corporate legal affairs encompassing all fields.” He added, “Daeryun will do our best to provide the same high-quality legal services nationwide by recruiting a large number of lawyers with backgrounds in judges and prosecutors.” Meanwhile, since its establishment in 2018, Daeryun Law Firm (Lihan) is a law firm with the largest number of offices in Korea and has grown into one of the top 10 large law firms in Korea. The case is overseen by judges, district chiefs, prosecutors, and lawyers with experience working as police officers, and is comprised of a team of more than 500 experts. [View full article] Money Today - Daeryun Law Firm (Lihan) recruits former Chief Judge Kwak Min-seop... “Corporate Advisory Specialization” Ro Issue - Daeryun Law Firm (Liuhan) Recruits Former Chief Judge Kwak Min-seop
Daily Medi, etc.
2024-01-29
길에서 폭행당한 치과대생…항소심 배상 '2배 ↑'
Dental student assaulted on the street... Appellate trial compensation 'double ↑'
Court recognizes ‘medical treatment expert’ based on future income… "Pay 273.16 million won" ruling In the appeal trial for a prospective medical worker who was assaulted on the street, the amount of damages was nearly twice as high as in the first trial. This is because the future income standard for prospective medical staff was 'health, social welfare and religious workers' in the first trial, but was recognized as a 'medical care expert' in the second trial. According to the legal community on the 30th, the Busan District Court recently ruled In the appeal trial of a damages claim filed by Mr. A, a dental graduate school student, it was ruled that B, who caused the injury, should pay approximately 273.16 million won. This is about twice as much as the 143.59 million won in damages awarded in the first trial in February last year. Mr. A bumped shoulders with Mr. B on a roadside in Geumjeong-gu, Busan in April 2020. When Mr. A complained that he was a “mistress,” Mr. B struck Mr. A in the face several times with his fist and kicked Mr. A, who fell to the floor. As a result, Mr. A’s muscles at the corners of his mouth, which are at both ends of his lips, were completely ruptured, and he developed temporomandibular arthritis, an injury that required treatment for 21 days. In February of the following year, he was also diagnosed with post-traumatic stress disorder (PTSD), depression, and panic disorder due to the assault. Accordingly, Mr. B received a summary order with a fine of 2 million won in October 2020, and Mr. A claimed damages of about 297.06 million won against Mr. B. The first trial court found that when Mr. A opened his mouth, his lips were twisted, and neurological symptoms remained in the oral area. It was determined that there was a loss of work ability to the extent that aesthetic problems, such as locomotives, affected the choice of occupation. The court determined that the deep scar on the lips was “to the extent that it affects the ability to attract patients as a dentist.” The court calculated the profit (lost profit) that could have been earned if this incident had not occurred. Mr. A, who was 21 years old at the time of the accident, was considered highly likely to become a dentist as he received a scholarship for excellent grades at a dental school, and lost profits were calculated based on ‘health, social welfare, and religious occupations’ from the internship period in 2026 to 2063 when he turns 65. In addition, he was paid about 143.59 million won, including medical expenses, future treatment expenses, alimony, etc., and delayed interest. ruled to pay. Regarding this, both Mr. A and Mr. B appealed. Mr. A believed that future profits were underestimated and requested that the standard for ‘medical care specialist’ in the 2022 ‘Labor Status Survey Report by Employment Type’ be recognized. On the contrary, Mr. B argued that future profits were overestimated due to the fact that he was a dental student. Accordingly, the appellate court did not accept Mr. B’s argument and doubled the amount of damages compared to the first trial. “Pay approximately 273.16 million won and delay damages.” The court ruled, “The plaintiff has excellent academic performance, including receiving a scholarship for academic excellence and receiving excellent grades. Considering his age and academic performance, there is a significant possibility that he will be able to earn income as a dentist in the future.” Daeryun Law Firm, which represented Mr. A, said, Attorney Choi Bo-yoon said, “We confirmed that a new occupational group of medical specialists was created in the recent labor status survey report by employment type, and we actively argued for this based on Supreme Court precedent, so we were able to have dentists’ reasonable income recognized.”  [View full article] Daily Medi - Dental student assaulted on the street... Compensation at the appeals court 'double ↑' Sports Seoul - The amount of statistical income compensation for assault on medical personnel has approximately doubled.
Korean economy
2024-01-29
대기업 사내변호사 3인방, 법무법인 화우·대륜 합류
Three in-house lawyers from large corporations join the law firms of Yoon & Yang and Daeryun
Three in-house lawyers from large corporations join the law firms of Yoon & Yang and DaeryunIn-house lawyers at large corporations are attracting industry attention as they move to law firms one after another. According to the law firm industry on the 28th, Daewoo Engineering & Construction Domestic Legal Affairs Director Jae-woo Jeon (32nd class of the Judicial Research and Training Institute) and Park Sam-geun, head of the Samsung Electronics Service Legal Team (33rd class), recently joined the law firm Yoon & Yang. Attorney Jeon has been working at Daewoo Engineering & Construction for 15 years, reviewing laws related to real estate development and contracts, and handling disputes related to construction. Attorney Park, an expert in labor-management disputes, joined Samsung Electronics in 2011 after retiring from the Ministry of Employment and Labor. After working in the human resources and legal teams, he oversaw the task force (TF) for direct employment of employees of partner companies at Samsung Electronics Services. Won Hyeong-il, head of the legal department at POSCO Future M (28th class), also recently transferred to Daeryun, a mid-sized law firm. Attorney Won, a former judge, has been working at POSCO Group since 2012. After serving as managing director and head of the legal department at POSCO (currently POSCO Holdings), he has worked at POSCO Future M since 2019. Reporter Jinseong Kim jskim1028@hankyung.com (Korea Economic Daily, January 29, 2024, page A25) [View original article] - Three in-house lawyers from large corporations join the law firms Yoon & Yang and Daeryun
Daleian et al.
2024-01-26
법무법인 대륜, '기업법무 전문' 원형일 전 판사 영입
Daeryun Law Firm Recruits Former Judge Won Il Won, ‘Specializing in Corporate Law’
Attorney Won-il Won, a former judge at the Seoul Central District Court... Experience as head of POSCO Holdings’ legal department dedicated to civil litigation and criminal cases… Daeryun Won Hyung-il, who has built up expertise by handling corporate legal cases, said, "Based on the know-how accumulated in my current position, Daeryun and I will enter the second golden age." Daeryun CEO Kim Kuk-il said, "We will be able to respond strategically to disputes between companies." Daeryun Law Firm (Limited) announced on the 26th that it has hired lawyer Won Won-il, a former judge. After being appointed as a judge at the Seoul Central District Court, Attorney Won served as a judge at the Seoul Northern District Court and the Gunsan Branch of the Jeonju District Court. During his tenure as a judge, Attorney Won mainly handled civil litigation and criminal cases. Based on this experience, Attorney Won served as managing director and head of the legal office at POSCO Holdings and as director (executive director) of the legal office at POSCO Future M, where he was in charge of compliance support, fair trade compliance manager, and overall management of the fair trade voluntary compliance program. Since then, whenever there is a need to make an overseas investment, he has accumulated expertise by handling numerous corporate legal cases, including analyzing local laws in advance and checking and responding to violations of the Fair Trade Act in relation to transactions with group affiliates. Attorney Won is expected to play a pivotal role in corporate litigation and disputes based on his experience in reviewing and responding to legal risks related to international trade and the Fair Trade Act between companies. Attorney Won said, “My experience in handling civil and criminal cases will be of great help in handling cases in the future,” and expressed his ambition, “Based on the know-how I have accumulated in my current position, I want to enter the second heyday with Daeryun.” CEO Kook-il Kim said, “With the recruitment of lawyer Won, who specializes in the field of corporate law, we will be able to take strategic action in responding to disputes between companies,” and added, “Daeryun will continue to recruit professional lawyers specialized in each field to expand our expertise.” Daeryun Law Firm (Limited) is a law firm that operates the largest number of offices in the country since its establishment in 2018. Currently, Daeryun has 20 judges, prosecutors, and former police lawyers serving as members.  [View full article] Daily - Daeryun Law Firm recruits former judge Won Il Won, a 'specialist in corporate law' Bucheon e-News - Daeryun Law Firm (Limited) recruits former judge Won Won Il
Daily Good News
2024-01-24
마약운전 증가하는데...단속‧처벌 규정은 미비
Drug driving is on the rise... crackdown and punishment regulations are insufficient
Last year, drug driving license was revoked. 82case…2019than years 41% There are likely to be more actual cases of drug driving due to lack of increased crackdown regulations. Simple drug driving punishment., Weaker than drunk driving  [Daily Good News] Reporter Park Sang-woo = Driving while under the influence of drugs ‘drug driving’Although this is increasing, it is pointed out that there is an urgent need to prepare countermeasures due to insufficient crackdown and punishment regulations.. According to the National Police Agency, it occurred after taking drugs. 2car crime ▲2020year 182case ▲20221year 230case ▲2022year 214It amounts to.Among these, traffic crimes ▲2020year 45case ▲2021year 67case ▲2022year 66Counted as a case. What happens after taking drugs 2car crime 4In the middle of the case 1This is a traffic crime.. There is also a case where a driver's license was revoked due to drug use. 2019year 58In the gun 2023year(110month) 82By the matter 41% There was a sharp increase. This increase in drug driving is due to the increase in drug offenders.. According to prosecutors 2018year 1only2,613The number of crackdowns on drug offenders was 2022year 1only8,395By the matter 45.8% increased. The problem is that crackdown and punishment regulations for drug driving are insufficient..According to research results from the University of Iowa, the antihistamine ingredient ‘diphenhydramine’Driving after taking drugs containing these drugs is due to high blood alcohol content. 0.1% It can lead to more dangerous situations than drunk driving.. blood alcohol concentration 0.1%Driver's license revocation department 1more than a year 2Imprisonment of less than one year 500More than 10,000 won 1,000Punishable by a fine of less than 10,000 won.According to another study, drug addicted patients who suffer from serious psychomotor disorders due to drug dependence have lower blood alcohol levels. 1.73.0% Shows effects and symptoms corresponding to the above.Here, drug users tend to engage in their own specific behaviors after taking drugs..Korean detective‧Kim Nang-hee, a research fellow at the Korea Legal Policy Institute, “One of the characteristics of drug users is that they exhibit behavioral patterns that must be followed after taking drugs.”as “For example, go into a corner of the room, turn on music and stay still., There are many types of people who must drive, etc., but these people can be more dangerous.”explained.However, there are currently no provisions to crack down on drug driving, so drug tests can only be conducted in special situations where alcohol intake cannot be measured even if the driver speaks gibberish or exhibits abnormal behavior.. As a result, the police often do not crack down on drugs under the pretext of not having crackdown regulations, so drug use is often not detected.. For this reason, it is estimated that the actual number of drug driving cases is much higher than the number of cases cracked down by the police.. According to the current Road Traffic Act, drug driving 3Imprisonment of up to one year or 1,000Punishable by a fine of less than 10,000 won. This is blood alcohol concentration 0.2% Drunk driving or more 2more than a year 5Imprisonment of up to one year or 1,000More than 10,000 won 2,000It is only half of a fine of less than 10,000 won..In particular, there is a provision for punishment for drug driving in the Act on Aggravated Punishment for Specific Crimes, but this applies only if it results in a fatal accident.. In other words, the punishment for simple drug driving is actually weaker than that for drunk driving..For example, last 2021A driver who caused a serial collision and left the scene while driving after taking psychotropic drugs in Suwon, Gyeonggi-do was sentenced to prison in 2012. 1probation for 1 year 2Sentenced to years. After this 2022year 4Sentence for drug driving in February ‘3Imprisonment of less than one year 1,000A fine of less than 10,000 won’at ‘5Imprisonment of less than one year 2,000A fine of less than 10,000 won’An amendment to the Road Traffic Act was proposed to strengthen the.Last year, if you cause injury due to drugged driving, 2more than a year 15Imprisonment of up to one year or 3,000More than 10,000 won 5,000A fine of less than 10,000 won, If death is caused by a weapon or 5Amendments to punishing imprisonment for more than one year, Measures the degree of drug influence of drivers suspected of driving under the influence of drugs, and standards and measurement methods for driving is prohibited., procedures, etc. 'presidential decree'An amendment was proposed that aims to stipulate that.However, these bills last year 12month 9closed to work 21It was not submitted to the last regular session of the Grand National Assembly.. Currently, the National Assembly is holding an extraordinary session and discussing pending bills.. coming 25work and next month 1If the bill is not processed at the plenary session held on the 22The Grand National Assembly may have to start from square one..Experts point out that drug driving crackdowns and punishment regulations must be strengthened as soon as possible..A legal expert who requested anonymity said: “Just as there is a perception that drunk driving will be cracked down on, we need to raise awareness by establishing crackdown standards for drug driving.”as “We need to introduce regulations that allow for simultaneous testing for drinking and drug use, as well as standards for punishment based on the level of use, similar to drunk driving.”advised.Some point out that it is also necessary to strengthen the capabilities of front-line police departments to crack down on drug driving..Dongjin Kim, attorney at Daeryun Law Firm, "To the local district headquarters or police station traffic investigation team (To crack down on drug driving) Drug diagnosis kits are not well-equipped and drug testing is not compulsory, making it difficult to carry out body hair collection."as "It is necessary to establish a drug investigation team at the police station and strengthen the drug driving crackdown capabilities of front-line police stations through the distribution and training of drug diagnostic kits."advised.  [View full article] - Drug driving is on the rise...crackdown‧Punishment regulations are insufficient
Bucheon e-News
2024-01-19
법무법인(유한) 대륜, 서봉하 전 부장검사 영입
Daeryun Law Firm (Limited) recruits former Chief Prosecutor Seo Bong-ha
Daeryun Law Firm (Lihan), which specializes in crimes in the areas of corruption, economics, and criminal affairs, announced that it recently hired attorney Seo Bong-ha, a former chief prosecutor.  Attorney Seo Bong-ha was appointed as a prosecutor at the Jeju District Prosecutors' Office in 2002, and served as a prosecutor at the Gwangju District Prosecutors' Office, Cheongju District Prosecutors' Office, Bucheon Branch of Incheon District Prosecutors' Office, Seoul Northern District Prosecutors' Office, and Jeonju District Prosecutors' Office. Afterwards, he served as a researcher at the Supreme Prosecutors' Office Inspection Headquarters and conducted investigations into various irregularities. After serving as the deputy chief prosecutor of the Daegu District Prosecutors' Office, Western Branch, he served as the head of the Uijeongbu District Prosecutors' Trial and Litigation Department and the chief prosecutor of the 3rd Criminal Division of the Busan District Prosecutors' Office, Western Branch. While serving as a prosecutor, he handled many cases, including embezzlement, breach of trust, violent murder, and bribery. Currently, he is active in the criminal field, including sexual crimes, fair trade, and economic crimes. Attorney Seo said, “As Daeryun is focusing on increasing the success rate through cooperation and communication between lawyers, future growth is expected. I am happy to join Daeryun, which has endless growth potential,” and added, “Based on the experience I have accumulated in the field, I will raise Daeryun’s status in the criminal field.” CEO Kim Kuk-il said, “Daeryun is continuously recruiting lawyers who have been active in the field as judges and prosecutors,” and added, “In order to provide the same high-quality legal services across the country, we will continue to recruit experts and improve services.” Meanwhile, Daeryun Law Firm (Liuhan) is a law firm that operates the largest office in Korea since its establishment in 2018, and has grown into the 10th largest law firm in Korea. Currently, a number of judges, district chiefs, prosecutors, and police lawyers are serving as members, and are overseeing the cases accepted. [View full article] - Daeryun Law Firm (Limited) Recruits Former Chief Prosecutor Seo Bong-ha
Able News, etc.
2024-01-12
억울한 발달장애인 의료사고 사망 “재판부가 진실 밝혀달라”
Unjustified death of developmentally disabled person due to medical accident “Please ask the court to reveal the truth”
Surgery due to sequelae of pulmonary embolism after ankle fracture surgery 9died in 1 day“Even if you explained it well”‥bereaved family, Claim for damages for violation of duty of caution and explanation  “My son, who was healthy, passed away due to the aftereffects of what was said to be a simple ankle fracture surgery.. But none of the medical staff apologized., I am not responsible. It is even more unfair and heartbreaking to think that the aftereffects could have been prevented.. To appease my son's resentment, We would like to hold those who do not apologize legally accountable..”The deceased's father, who left his son Kim Dong-ho devastated due to pulmonary embolism as a side effect of the surgery after undergoing surgery for an ankle fracture, filed a lawsuit. 1He made this appeal ahead of the second hearing date..Solidarity for Prohibition of Discrimination against Disabled Persons(Hereinafter, Jangchuryeon)and People First Seoul Center 12work morning 10city 30In front of the Bucheon branch of the Incheon District Court, a suit for damages was filed in the case of death after surgery of Mr. Kim Dong-ho, a developmentally disabled person. 1The second hearing date is approximately 30A press conference was held minutes beforehand..According to Jang Chu-ryeon, the past 2022year 7In May, Dong-ho Kim, a developmentally disabled person, suffered a fractured left ankle after falling on his way to work and underwent surgical surgery.. AOriental medicine hospital is used for nursing care after surgery at the hospital. BHe was taken to the hospital, but after surgery he 9died within days.Autopsy results showed that the cause of death was pulmonary embolism, a sequela of surgery.. The bereaved family claimed that there were various problems that led to Dong-ho's death, such as not properly communicating the post-surgery progress and not properly confirming the person's situation because he was developmentally disabled..“Dongho, who was healthy and had many dreams, left us without notice, like a lie, after undergoing surgery for an ankle fracture that was said to be simple.. Our family is living in an unbelievably devastated reality, immersed in indescribable sadness.. When I think of that time, I regret it so much, and when I think of my son, I feel so sorry..”“Even though my son passed away like that, no one apologizes or takes responsibility and just tries to avoid it.. If Dong-ho had explained the precursor symptoms of pulmonary embolism in detail to himself and his family and had been actively tested or treated, would Dong-ho have gone to heaven in vain?. It's even more unfortunate and unfair to think that prevention might not have been possible..”(Father of the deceased Kim Dong-ho)As a result, the bereaved families “I would like to hold those who did not even apologize for my son's death legally accountable.”as 2023year 7month 26Day Ahospital department BA lawsuit was filed against the hospital for damages due to medical negligence that violated the duty of care and duty of explanation for Mr. Kim Dong-ho, a developmentally disabled person..Lawyer Choi Bo-yoon of Daeryun Law Firm, the legal representative in this case, “The medical staff's explanation is a precautionary measure that is the medical staff's duty of care in subsequent treatment., It is an important starting point that leads to follow-up observation and emergency treatment. In particular, pulmonary embolism can lead to death if the possibility or fact of occurrence is not detected quickly, so explanation of this is very important.”He emphasized.Even in the Supreme Court precedent ‘If the occurrence or possibility of pulmonary embolism was not detected quickly and prompt diagnosis and emergency treatment were missed., Medical negligence is acknowledged’It is ruled that.However, surgical operation and hospitalization were performed on Mr. Kim Dong-ho. Atransferred to the hospital and later BDiagnosis of pulmonary embolism that could have occurred in the deceased or their family at any hospital, Symptoms typically expected to occur, It is a clear violation of medical law because there was no explanation of what the patient must follow to prevent serious consequences..Attorney Choi “Ahospital department BThe hospital medical staff also admits that they did not explain the pulmonary embolism.. But when they entered into a lawsuit ‘I didn't know because I wasn't coughing when I was making rounds.’and avoid it ‘After all, it was the nurse handover time.’It is claimed that”and pinched.Not only that ‘I didn't know much about my disability because my guardian didn't tell me about it.’He claimed that the bereaved family was responsible because the bereaved family did not inform them of Kim Dong-ho's disability status..However, Dong-ho's intellectual disability and the extent of his condition are revealed in his use of language and manner of speaking, to the extent that he was diagnosed with severe intellectual disability among developmental disabilities.. Accordingly, Daeryun Law Firm released a video of his activities during his lifetime., Transcripts, etc. were submitted as evidence..Lawyer Bo-Yoon Choi “The Medical Service Act does not provide for cases where decision-making capacity is lacking, but disabled people should not be discriminated against under the Disability Discrimination Prohibition Act.”as “Medical staff must actively provide appropriate explanations and medical treatment according to the patient's disability.”He said.In particular, the Supreme Court ruled that medical staff should, degree of education, Specific information must be provided according to circumstances such as mental and physical condition, etc., The explanation is that it has been ruled that there is an obligation to prepare for after-effects by explaining in detail the methods of treatment and other matters necessary for health management so that the patient can independently determine and respond to the necessary measures to prevent serious consequences according to the patient's circumstances..mudfish “The defendant hospitals' claims, which appear to avoid making appropriate judgments about patients and vaguely pass on responsibility for failing to provide more detailed information to their guardians, are a violation of the Anti-Discrimination Against Persons with Disabilities Act and are also against the Medical Service Act and related precedents.”claimed that.finally “I hope that this incident will become a precedent for all disabled people, including those with developmental disabilities, to receive appropriate treatment without discrimination.”While “We hope that the national and local government medical systems will also improve so that all citizens can receive the best medical services.”He said emphatically.  [View full article] Able News - Unjust death of developmentally disabled person due to medical accident “Please tell the court to reveal the truth”daily game - Family of developmentally disabled person who dies after ankle fracture surgery "Please let go of my injustice"The Indigo - “Even if the hospital was explained well…” Controversy over death after ankle fracture surgery for developmentally disabled person
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