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Beyond Post
2023-11-06
고액 손실 채무자 회생 기회 열리나, 첫 인가 결정 나와
Is there an opportunity for rehabilitation of debtors with large losses, the first approval decision has been made?
[Beyond Post Reporter Kim Shin] While many debtors suffered huge losses overnight due to the recent SG Securities stock price drop, a case in which a rehabilitation plan was approved for a debtor is attracting attention. The SG incident was a situation in which the stock prices of nine stocks plummeted simultaneously due to a large amount of reverse trading that occurred in a securities company's CFD (Certain Contract for Difference) account. At Kiwoom Securities, where suspicions of unfair trading in this regard arose, it was confirmed that an executive's related party had sold about 15 billion won in certain stocks before the stock price plunged. Due to this incident, debtors suffered a loss of not only the investment principal, but also up to 2.5 times the principal. Debtors who have suffered losses are considering personal rehabilitation and filing for bankruptcy. However, due to qualification restrictions such as debt limits, it was virtually impossible for professionals and others to apply for personal rehabilitation, so the damage was even more severe as there was no relief plan. It is reported that some of the current debtors are preparing a planning lawsuit to attempt negotiations with securities companies. However, we must be cautious because if we proceed without proper investigation, it may cause secondary damage. In this situation, for the first time, a decision was made to approve a general rehabilitation plan for a large debtor who was unable to apply for personal rehabilitation due to debt incurred due to excessive investment following the SG incident. Attention is being paid to whether the approval decision will open a path to rehabilitation for those in debt despite difficult situations such as negative public opinion on personal debt exemption due to excessive investment and coordination with securities companies and rehabilitation courts due to unprecedented circumstances. Regarding this issue, attorney Daeryun of Law Firm (Limited) said, “I believe that the approval decision was reached as a result of close communication with the investigators and administrators and persuading the securities company, which is the largest creditor,” and added, “I hope that this decision will provide a ray of hope to those who are experiencing difficulties due to debt arising from investments and provide an opportunity for a new start.” Beyond Post Reporter Kim Shin news@beyondpost.co.kr [View full article] - Will there be an opportunity for rehabilitation of debtors with large losses, the first approval decision announced?
Legal Times
2023-11-06
 [손배] 퇴사 직원 요청에도 근무 당시 동영상 삭제 안 한 이벤트업체 대표에 손해배상 판결
[Compensation] Damages awarded to the CEO of an event company who did not delete a video while working despite a request from an employee to resign.
Mr. A signed an employment contract with Mr. B, the CEO of an event company, and has been working for the above company since August 2014, performing duties as an event emcee and dance performer. Mr. B filmed a video of Mr. A performing the above tasks and posted it on an Internet web page. After Mr. A left the company in August 2017, he requested Mr. B to delete the above video several times until November 2021. However, when Mr. B did not delete it, a lawsuit (2022 Gahap 207602) was filed against Mr. B, claiming damages, etc. Mr. B deleted the copy of the complaint around March 27, 2023, when he was served. Daegu District Court Civil Division 12 (Presiding Judge Chae Seong-ho) acknowledged infringement of portrait rights on October 5 and ruled, “The defendant must pay 3 million won in compensation to the plaintiff, and the defendant must not post the video on an Internet webpage.” The court first ruled, “No person shall be filmed, drawn, or published without permission, or used for commercial purposes, regarding his or her face or other physical characteristics that can identify him or her as a specific person according to social norms.” “This right to portrait is a right constitutionally guaranteed by the first sentence of Article 10 of our Constitution,” he said. “Therefore, it is reasonable to believe that an unjust infringement on this constitutes an illegal act, and that the person who has suffered such infringement is subject to mental suffering unless there are special circumstances (see Supreme Court decision 2010Da39277, January 27, 2012, etc.).” He continued, "A person who wishes to take or publish a photograph showing another person's face or other physical characteristics that can identify a specific person according to social norms must obtain consent from the person being photographed before taking the photograph. Even if consent to the photograph is obtained, the motive and circumstances for consenting to the photograph, the purpose to be achieved by publishing the photograph, transaction practices, the knowledge, experience and economic status of the person involved, whether the benefits received are balanced, and the relevant information at the time of the photograph were taken." Considering various circumstances, such as whether the method of publicity was foreseeable and whether it is expected that the parties would have made different agreements at the time of consent to photography if they had known such method of publicity, if the person being photographed wishes to make public the information beyond the scope of what is considered acceptable in terms of common sense in society and conventional wisdom at the time of consent to photography, the consent of the person being photographed must also be obtained in this regard,” and “In this case, the fact that consent to taking pictures was obtained from the person being photographed; “The burden of proving that the publication of the taken photo is within the scope permitted by the person being photographed at the time of consent to the photo shoot lies with the person who took the photo or the person who published it (see Supreme Court decision 2021Da219116, delivered on July 21, 2021, etc.).” The court pointed out, "The defendant claims that there was the plaintiff's explicit or implied consent to the filming and posting of the video, but there is no evidence to acknowledge the plaintiff's explicit consent, and even if the plaintiff implicitly consented to the filming and posting of the video while working as an employee of the defendant, in light of the motive and circumstances of the consent, the content and purpose of use of the video, and the possibility of widespread distribution, it is reasonable to believe that such implicit consent is limited to the period the plaintiff worked as an employee." “It is reasonable to believe that the plaintiff’s portrait rights were violated by using a video of the plaintiff beyond the scope of the plaintiff’s employment contract or by neglecting to delete the previously posted video despite the plaintiff’s request for deletion after the termination of the employment contract. Therefore, we have an obligation to compensate the plaintiff for damages for the mental pain suffered as a result.” According to the court, even though the plaintiff requested the defendant to delete the video several times after terminating the employment contract with the defendant around August 2017, the defendant did not delete it, and posted the video for more than 5 years and 6 months from around August 2017 until around March 27, 2023, when a copy of the complaint in this case was served. In addition, the defendant appears to have achieved a certain publicity effect by filming and posting the video, but did not separately pay the plaintiff for it. Mr. A also requested that if Mr. B violates the obligation to prohibit posting of the video, an indirect compulsory payment of 10 million won per month must be paid until the end date of the violation. However, regarding this, the court said, "It is acknowledged that the defendant filed a business closure report on April 7, 2021, and the evidence submitted by the plaintiff alone is insufficient to believe that the defendant is likely to violate the obligation to prohibit the posting of videos within a short period of time after this judgment is pronounced. Furthermore, if the defendant violates this, the plaintiff may separately apply for indirect coercion. Therefore, in this case, where the probability that the defendant will violate the above obligation has not yet been proven, indirect coercion may be ordered against the defendant. He did not accept it, saying, “It is difficult to see that there is a need for it.” Daeryun Law Firm represented Mr. A.  [View full article] - [Compensation] Damages awarded to the CEO of an event company who did not delete videos while working despite the request of an employee to leave the company
Edaily
2023-11-02
방심위, 통신자문 등 5개 분과 특위 위원 위촉
Korea Communications Standards Commission appoints members to 5 special subcommittees including communications advisory
The Korea Communications Standards Commission (Chairman Ryu Hee-rim) held an appointment ceremony for special committee members in five subcommittees at the Broadcasting Center in Mok-dong, Seoul on the 20th. Previously, the Korea Communications Standards Commission decided to appoint 45 members of special committees in five subcommittees. The Special Committee of the Korea Communications Commission is a statutory committee formed in accordance with the Act on the Establishment and Operation of the Korea Communications Commission. Currently, five subcommittees are in operation: ▲Broadcasting Advisory, ▲Advertising Advisory, ▲Broadcasting Language, ▲Telecommunications Advisory, and ▲Rights and Interest Protection. The members of each special committee are a total of 9 people, including the chairperson, and the chairs of each subcommittee are as follows. Eunkyung Han, Department of Media Communication, Sungkyunkwan University Professor (Broadcasting Advisory Special Committee), Daejin University External Cooperation Vice President Jiyeon-ok Ji (Advertising Advisory Special Committee), Choi Ji-woo, lawyer representing Jiwoo Choi Law Office (Freedom Law Firm) (Broadcasting Language Special Committee), Lee Wook-han, professor at Sookmyung Women's University Law School (Communication Advisory Special Committee), and Kim Joo-seong, CEO of Banwoo Law Firm (Rights Protection Special Committee). The term of office of special committee members is one year, and the appointed special members will perform advisory functions on the duties of each division from October 17, 2023 to October 16, 2024. ■ List of special committee members for each division ● Broadcast Advisory Special Committee Eun-kyung Han, Professor of Media and Communication Department at Sungkyunkwan University Deok-gyu Kim, former SBS grievance handler (Press Arbitration Act) Commissioner Chang-seop Shin Seoul Foundation for Arts and Culture Foundation Director Won Young-il Law Firm Gaon & Raon Lawyer Member Yoon Gil-yong Former Ulsan MBC CEO Lim Jong-hwa Professor of Liberal Arts at Cheongwoon University Young-hee Director of Media Promotion Department at Viewer Media Foundation (Level 2) Chae Myeong-seong Lawyer selected by Law Firm Heo Jin Director of KBS Documentary Department Advertising Advisory Special Committee Ji Yeon-ok Vice President of External Cooperation at Daejin University Kim Jae-ho Professor of Tourism Management at Inha Technical College Taek-ho Ahn Former Andong MBC CEO Oh Ji-eun Professor, Ewha Womans University New Industry Convergence College Oh Tae-yoon Professor of Thoracic Surgery, Kangbuk Samsung Hospital, Sungkyunkwan University School of Medicine Sang-yoon Lee Lawyer at Dongin Law Firm Hyeong-kwan Lee Former director of MBC Sports Hong-ryeol Lee Steering committee member of the National Coalition for Fair Media and Head of the Fair Media Monitoring Team Han-soon Lim Special Appointed Professor at Kyungil University ● Ji-woo Choi, Special Committee on Broadcast Language Ji-woo Choi, Ji-woo Choi Law Firm (Freedom Law Firm) Representative lawyer Seong-gon Kang Kim Heung-soo, operating committee member of KBS Korean Language Promotion Agency, outside director of Public Home Shopping, Park Woo-gwi, former Director of Broadcasting Deliberation 2, Korea Communications Standards Commission, Bae Seok-jun, Editor-in-Chief of Legal Newspaper, Yoo Ae-ri, Visiting Professor, Konkuk University Graduate School of Journalism and Public Relations, Lee Jong-gi, former principal of Yewon School, Jeon Mi-young, Homin Education Advisor, Law Firm, Jo Hee-soo, Senior Vice President, Korean Association of Broadcast Critics, Communications Advisory Special Committee, Lee Wook-han, Professor, Sookmyung Women's University Law School, Moon Jae-cheol KT Skylife CEO and former YTN Washington Bureau Chief Park Seung-yong Former Bareunmirae Party policy committee member Ahn So-yang Attorney at Daeryun Law Firm Lee Young-mi Former KBS Radio Center Central Chairman Jang Ok-nim Former KBS Radio Center Director Ji Dae-beom Former Korea Local Information Development Institute Director Hwang Seon-wook Former YTN Digital Center Director Hwang Seong-hyun Edelman Korea Executive Director Kim Joo-seong Special Committee on Rights Protection Kim Kang-hyun Representative Attorney at Banwoo Law Firm Kim In-young, policy advisory member of the Korean Medical Association, former head of KBS press headquarters, Seo Jeong-ho, professor of the Department of Media and Communication at Gachon University, Lee Yong-nam, unnamed representative of an unknown film company and film director, Lee Jeong-hyun, member of the Media Rating Committee, Ji-yeon Lee, professor of elementary education at Korea National University of Education, Hyun-min Lee, CEO of Law & Culture, Seung-gyeong Hwang, adjunct professor of the Department of Theater and Film at Daekyung University, appointed as members of special committees in five divisions, including the National Security Commission and communications advisory.
Able News
2023-10-31
AI 기술을 활용한 장애인 보조공학 정책토론회 리뷰
Review of policy debate on assistive technology for the disabled using AI technology
past 24work afternoon 2At the Irum Hall of the Irum Center in Yeouido, Seoul. “AI Assistive technology for the disabled using technology: Tasks toward innovation and challenge”A policy debate was held on the topic:.This event was organized by the Korean Federation of Persons with Disabilities and the office of National Assembly member Lee Jong-seong., It was co-hosted by the Korea Association for the Physically Disabled., on‧It took place offline.Chet recentlyGPT Using big data or robot technology, Let's look at examples of how innovative technologies such as artificial intelligence are applied to assistive technology for the disabled., Development and dissemination to promote innovative change, It was a policy debate to promote independence and change in quality of life for people with disabilities through market revitalization..Professor Son Byeong-chang of the Department of Rehabilitation Medical Engineering at Nazareth University “AI Assistive technology devices using technology: Current usage and challenges”He gave a presentation on the topic:.Professor Son said first,GPTAre you a strong artificial intelligence?, When asked if it was weak artificial intelligence, he answered that it was strong artificial intelligence.. When I asked again if it was weak artificial intelligence, I answered that it was strong artificial intelligence., When I asked him again if he was lying, he said he was not lying.. SheeshGPTThey say he's good at lying too, He said he needed tips on how to use it..1950Already in the 1990s AIThe concept of, AIHe said it is a new opportunity and challenge for people with disabilities.. AI(artificial intelligence)is a two-way voice conversation, image recognition, Accessibility for people with disabilities can be improved by using technologies such as virtual reality., Document recognition for the visually impaired, It was said that image recognition is expected to be of great help in knowledge access and environmental awareness.. ocam myi(OrCam MyEye) Using artificial intelligence object recognition as an example, facial recognition of objects or opponents, The document was said to be readable..Reading the text quickly, If you point to the text with your finger, it will read that part., The function that notifies you when a pre-memorized face appears and the function that tells you the date and time when you show the back of your hand is amazing. ‘ITshipbuilding’We introduced the opinions of users published in.The hearing impaired XPERTvoice in four-message-An automatic subtitle translator is being provided., Soboro Tap Business, It was said that tikita captions are also used as a communication tool.. Currently, sign language is provided on Zoom by a sign language interpreter., Automatic sign language interpreters are currently being technologically advanced and their use will become a reality in the near future..Systems that provide tactile warning of emergency situations are also commercially available in foreign countries.. Applications of artificial intelligence technology for people with speech disabilities include products such as Dream Phone, which supports language training and long-distance communication..Artificial intelligence technology for the physically disabled Amazon Alexa, Google Assistant, Apple Siri There is technology to control the environment through voice commands, etc., It is said that the development of technology for self-driving artificial intelligence robot wheelchairs, such as Hyulim Robot, is accelerating the development of products that use artificial intelligence to operate wheelchairs..Artificial intelligence technology for people with brain lesions and disabilities Tobii Dynavox, Grid3, Snap Core First There are communication devices such as, NeofectThere are also rehabilitation digital treatments using virtual reality.. one side SKTIn order to prevent challenging behavior in people with developmental disabilities, artificial intelligence software has been developed to observe..He said that future use of artificial intelligence will also require technology to protect personal information and understand and control artificial intelligence algorithms.. In the development of artificial intelligence assistive technology devices, reflection of user opinions and policies to support purchase costs due to expensive products should also be implemented in parallel.. Although the technical idea of ​​the product is great, there are many cases where the actual user convenience or environment is not considered., The low awareness of the developed product was also pointed out as an obstacle to the promotion of new assistive technology devices for the disabled..Gwangok Ahn, a researcher at the National Rehabilitation Center, said that the global assistive technology market is currently 40Annually in trillion won 6Showing percent growth, Technology using artificial intelligence 17%is showing growth 3It is said to be twice as fast.. Accordingly, the National Rehabilitation Center also said that its research and development project to commercialize assistive devices for independent living of the elderly and disabled reflects user needs and focuses on innovation of assistive devices and advancement of open platforms..And with the development plan 5He gave an example of a development project. “Smart safety control device applicable to various mobility”, “IoT Connected mobility and service platform utilizing technology”, “Disabled children growing up adaptive mobility Orthotic development”, “Development of a bladder capacity monitoring wearable device for urination management”, “smart glasses, AIDevelopment of situational awareness assistance service using” etc. were introduced..Attorney Choi Bo-yoon of Daeryun Law Firm said in a discussion titled “There must be improvement to a consumer-centered system,”, manufacturing, Certification registration, supply, use, It was said that user intervention was necessary in the evaluation process..It was pointed out that systematic management was difficult due to the lack of a control tower for research., Speed ​​of certification process, Scattered relevant laws, Lack of rental activation, The lack of information on assistive devices suitable for me was pointed out through video examples., my6The comprehensive policy plan for the disabled includes a plan for a living map., Argued that a consumer-centered platform was needed.Park Jung-seo, director of the Korea Employment Agency for the Disabled Assistive Technology Center, said in a discussion that the support of assistive devices in the working environment does not affect the accuracy of job performance. 49.3%has increased, The work performance speed is 49.3% increase, Productivity is 46.6%, Overall job satisfaction is 47.2%It was said that there was an increase in.Center Director Park introduced representative products of assistive technology devices that are being supported., With research and development support 22In the 2018 project, it was said that voice recognition-based height-adjustable beds are very popular among visually impaired massage industry workers..In addition, a smart vest with anxiety stress relief function, obstacle, Implementation of two-way voice calls for non-disabled people, IoT Technology-based customized stoma care package, on device Real-time image recognition, Motion-Aware Smart Braille DP, Intelligent safety management smart care system, They also introduced video recognition guidance robots.. and to expand employment of the disabled. AI He said that research is also underway on how to apply the latest technology based on a robot convergence platform..Sullivan Plus and Sullivan combine artificial intelligence technology for the visually impaired ACho Soo-won, CEO of TwoArt, which is launching a product called , said in a discussion that the economic feasibility of investment is weak due to the small market., Users express difficulties as developers, such as high costs even with government support., ‘wow points’We also discussed the inability to match well..At first, new attempts and possibilities ‘wow!’ This means that people keep saying exclamations like this, but when they actually use it, they are turned away because it is inconvenient and falls below expectations.. Related organizations will be able to resolve various challenges well in the future., He also expressed his determination to continue to try new things in cooperation with consumers..Most of the listener inquiries were about solving problems in development and distribution to lower the price and popularize it., If large corporations participate, wouldn't small and medium-sized businesses be able to withstand the problem of lack of profitability?, Ideas were raised such as whether good product development could be achieved if government support and large corporations joined hands..However, large companies have complex and slow decision-making structures., There is low interest in assistive technology for the disabled., Since innovative technologies are abundant, there was also a counter-argument that it would be more desirable for large corporations to provide technology to small and medium-sized enterprises as a social contribution and for the government to support specialized small and medium-sized enterprises to develop well..  [View full article] - AI Review of policy debate on assistive technology for the disabled using technology
Money Today, etc.
2023-10-13
법무법인(유한) 대륜-한국장애인재활협회, 장애인 권익 증진 위한 MOU
Daeryun Law Firm (Limited) - Korea Association for the Rehabilitation of the Disabled, MOU to promote the rights and interests of the disabled
| Promise to develop UNCRPD analysis indicators and support civil and criminal legal counseling, etc.Daeryun Law Firm (Lihan) announced on the 12th that it signed a business agreement with the Korea Association for the Rehabilitation of the Disabled on the 11th to provide legal advice on improving the system to guarantee the rights of the disabled. Through this business agreement, we will begin research to harmonize domestic laws with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The two organizations plan to △develop UNCRPD analysis indicators △present disability law review enactment and amendments △support civil and criminal legal counseling for members of the Korea Association for the Rehabilitation of the Disabled. In addition, we plan to spare no effort in providing support in the legal field by promoting joint projects such as education and public interest seminars to protect the rights of the disabled. Chief attorney Chan-Woo Jeong said, "It is meaningful to contribute to the promotion of the rights of the disabled through legal support for the Korea Association for the Rehabilitation of the Disabled." He added, "We will do our best to realize social value together by making full use of Daeryun's capabilities and human resources for the association." “We expect our expertise to be strengthened,” he said, adding, “We will more actively carry out activities in areas that require legal assistance, such as the enactment of laws, so that disabled people can be guaranteed their reasonable rights through mutual assistance.” Meanwhile, Daeryun Law Firm (Limited) is a large domestic law firm that ranked 10th in Korea within 5 years of its establishment in 2018. It has 22 specialized centers, including school violence, sex crimes, construction, and real estate. It currently operates 32 offices nationwide, and recently opened a new office separate from the existing office in the Daegu and Gwangju areas, and is planning to open a new office in the Anyang area.  [View full article] Money Today - Daeryun Law Firm (Limited) and Korea Association for the Rehabilitation of the Disabled, MOU to promote the rights and interests of the disabled The Indigo - Rehabilitation Association and Daeryun Law Firm signed a business agreement for ‘legal advice for the rights and interests of disabled citizens’
Money Today
2023-10-11
법무법인(유한) 대륜, 손순혁·나창수 전 부장검사 합류…"형사·기업법무 역량강화"
Law Firm (Lihan) Daeryun, former chief prosecutors Son Soon-hyuk and Na Chang-soo join… “Strengthening criminal and corporate legal capabilities”
Daeryun Law Firm (Lihan) announced on the 10th that it had recently hired former chief prosecutors Son Soon-hyuk and Na Chang-soo. Attorney Soon-Hyuk Son has served as chief prosecutor at the Busan District Prosecutors' Office, Ulsan District Prosecutors' Office, and Daegu District Prosecutors' Office, and is a veteran who has handled many high-profile cases, including violations of the National Assembly Election Act. Attorney Son said, "Daeryun continued to innovate, simultaneously expanding offices and strengthening expertise, and achieved rapid growth into a top 10 law firm within five years. We will do our best for our clients while thinking about how to contribute to Daeryun's remarkable progress." Attorney Na Chang-soo has served as a chief prosecutor at the Seoul Central District Prosecutors' Office, Busan District Prosecutors' Office, and Changwon District Prosecutors' Office, and has received a commendation from the Prosecutor General and a commendation from the Minister of Justice in recognition of his excellent performance. Attorney Na said, "Based on the experience I have accumulated in my current position, I will present a sophisticated strategy suited to the situation. Daeryun has an environment in which the case team can quickly identify the client's needs and respond quickly, so I think we will be able to create good synergy." The two lawyers will focus on criminal cases and corporate legal cases at Daeryun, and will also be active in various financial, tax, and intellectual property-related fields related to criminal cases. Representative attorney Chan-Woo Jeong said, "The joining of lawyers from all over the office who have been recognized for their expertise through exposure to various cases will be a great advantage to Daeryun's clients and members." He added, "Daeryun will provide uniform, high-quality legal services across all offices and realize customer-centered legal technology." “We are constantly recruiting talent, training, and monitoring,” he said. Meanwhile, Daeryun Law Firm (Lihan) is a law firm that operates the largest number of offices in the country since its establishment in 2018, and is scheduled to open new offices in Anyang, Gwangju, and Daegu this month.   [View full article] - Law Firm (Lihan) Daeryun, former chief prosecutors Son Soon-hyuk and Na Chang-soo join... “Strengthening criminal and corporate legal capabilities”
Welfare News
2023-10-04
한국장애인재활협회, UNCRPD 실현 ‘국내법 개선 방향’ 논의
Korea Association for the Rehabilitation of Persons with Disabilities, discusses ‘direction of improving domestic law’ to realize UNCRPD
In order to harmonize UNCRPD domestic laws, we seek practical improvements that can be felt by the parties in solidarity with the launch of the investigation and analysis TFT.The Korean Association for the Rehabilitation of Persons with Disabilities announced that at the 52nd RI Korea Rehabilitation Conference held on the 18th of last month, about 100 experts from the disability community and academia from all over the country participated and held a planning session titled ‘Directions and tasks for improving domestic law for the realization of the UN Convention on the Rights of Persons with Disabilities (UNCRPD)’ to explore ways to harmonize UNCRPD domestic laws. The Korea Association for the Rehabilitation of the Disabled, established in 1954, is Korea's first organization for the disabled. It has been holding the RI Korea Rehabilitation Conference every September, a forum for public discussion to explore various domestic and international disability issues and alternatives. The 52nd Rehabilitation Conference, prepared in conjunction with the RI Korea Expert Committee, which includes 218 professors and center directors from all over the country, consisted of a total of 9 sessions, and discussed major issues in each detailed field such as health, occupation, and education, as well as macro issues such as constitutional amendment and harmonization of UNCRPD domestic laws based on the basic rights of persons with disabilities. The planning session to discuss basic rights as citizens of the Republic of Korea through UNCRPD was chaired by Kim Dong-ho, CEO of the Disability Mainstreaming Policy Forum, and Professor Woo Woo-hyung of Nazarene University gave a presentation. Subsequently, Lee Yong-seok, policy committee member of the Korea Forum for the Rights of Persons with Disabilities, senior lawyer Choi Bo-yoon of the law firm, and Kyeong-min Yu, team leader of the Korea Development Institute for the Disabled, appeared as discussants. In his presentation, Professor Woo Joo-hyung pointed out the reality, saying, “Even today, 15 years after the UNCRPD came into effect, there is a lack of a national-level action plan.” “Not only that, it is difficult for Korea to know whether the current domestic law conflicts with the UNCRPD, and which law needs supplementation.” To improve this, Professor Woo announced the launch of a task force team with the Korea Rehabilitation Association for the Disabled to seek ways to improve domestic laws to realize UNCRPD.  Professor Woo mentioned controversial laws that urgently need improvement, such as the Enforcement Decree of the Maternal and Child Health Act, which conflicts with the right to life, and Article 732 of the Commercial Act, which conflicts with the right to health, and explained, “In order to improve laws that are in conflict with the UNCRPD or require supplementation, we plan to take a multi-year approach with a two-track investigation and analysis TF team and an on-site TF team.”  The research and analysis TF team plans to focus on establishing indicators and legal amendments to determine whether there is a conflict of laws, and the proposed legal amendments will be implemented through the field TF team composed of disabled people's solidarity. During the discussion, policy committee member Lee Yong-seok emphasized the urgency of harmonizing UNCRPD with domestic law, saying, “Various issues that are incorporated in our lives, including the issue of differential treatment of disabled persons registered as foreigners, the controversy over judicial hospitalization of psychosocially disabled people, and the protected birth system that can be abused to legally abandon children with disabilities, are issues that conflict with UNCRPD.” Lawyer Choi Bo-yoon said, “UNCRPD is an international treaty that is incorporated into domestic law without separate implementing legislative procedures.” He said, “It is unfortunate that there is no government position or regulations in case of conflicting domestic laws, lack of discussion to prepare the basis for action on conflicting laws, and few specific cases have been discovered.” He added, “I hope that full-scale discussions on improving domestic law through the operation of this TF team will become more public and attract interest from the government and the National Assembly as it is a big step in harmonizing UNCRPD domestic law.” Yu Kyung-min, head of the UNCRPD team, who was the last discussant, said, “Last June, UNCRPD team leader Kyung-min Yoo said, “I think it is essential to reorganize the legal system for harmonization of UNCRPD domestic laws, which is an international issue not only in Korea but also with the UN Conference of States Parties on the Rights of Persons with Disabilities being held on the topic of harmonization of domestic laws. However, there is still confusion about terminology,” he said. “I hope that the concepts and indicators will be clearly defined in the future activities for harmonization of UNCRPD domestic laws.” Kim In-gyu, president of the Korea Rehabilitation Association for Persons with Disabilities, who hosted the discussion, said, “Harmonization of UNCRPD domestic laws is a disability policy to guarantee the basic rights of persons with disabilities.” “Solidarity with the disabled community is essential by presenting a blueprint,” he said, adding, “I hope everyone in the disabled community will join us so that we can lead the National Assembly and the government to move proactively as one.” [Reporter Park Seong-yong, Disabled Newspaper/Welfare News] [View full article] - Korea Association for the Rehabilitation of Persons with Disabilities, discusses ‘direction of improving domestic law’ to realize UNCRPD
Money Today
2023-09-27
교권보호 4법 통과에도 '정당한 훈육 기준 모호'
Despite passage of the 4th Act to Protect Teachers’ Rights, ‘Legitimate Discipline Standards Are Ambiguous’
Recently, there has been a series of tragic news triggered by reports of indiscriminate child abuse. Accordingly, the '4 Acts on Protecting Teachers' Rights' to protect teachers' legitimate life guidance and educational activities were passed by the Education Committee of the National Assembly on the 15th. The 4 Acts on Protecting Teachers' Rights refer collectively to △ the Special Act for Improving the Status of Teachers and Protecting Educational Activities (Teacher Status Act) △ the Elementary and Secondary Education Act △ the Early Childhood Education Act △ the amendment to the Basic Education Act, etc. It contains information that has been pointed out as a major cause of the decline in teaching rights, such as the details of measures taken against students who infringe on educational activities. Previously, teachers in charge were solely responsible for complaints from parents, and even in cases of malicious false accusations, the superintendent of education was arbitrarily ordered to be dismissed based on the severity of the case, thereby infringing on other students' right to learn and the teacher's right to teach. By supplementing these contents, the consultative body will review the case and decide whether or not to dismiss the teacher, thereby preventing teachers from being unfairly harmed and ensuring students' stable learning rights. In addition, if a school principal reduces or conceals violations of educational activities, he or she will be subject to disciplinary action. A mutual aid project to protect teachers from lawsuits related to educational activities has been implemented to provide the basis for entrustment to the School Safety Mutual Aid Association, etc. Expectations are high that this will significantly improve the current situation where even proper guidance on living is not possible due to excessive restrictions and indiscriminate reporting. However, there are voices saying that the standards are still ambiguous. The position is that prompt revision of the Child Welfare Act and the Child Abuse Punishment Act is necessary. Last April, Mr. A, who was a second-grade homeroom teacher at an elementary school in Seoul, said to Boy B, who was bullying his friends and repeatedly disrupting class, "This is why the kids hate you," and "There are parents who want to open a school violence committee because of Boy B." Due to this incident, Mr. A was dismissed from his position as a homeroom teacher for the first time in 40 years of his teaching career, but after explaining that it was part of legitimate discipline, the prosecution decided not to indict him. In relation to this, Mr. A's legal representative said, "With the revision of the Child Welfare Act and the Child Abuse Punishment Act in progress, legal judgment on emotional abuse is becoming more important. If you are identified as a perpetrator, you will suffer secondary damage such as witch hunts and identity theft." He said, "It is important to organize the facts, accurately understand the motive and circumstances that led to the act, and take the first response." Help = Daeryun Law Firm (Limited) | [See full article] - Despite the passage of the four laws protecting educational rights, 'standards for fair discipline remain ambiguous'
Aju Economy
2023-09-27
폐기물 불법투기 단속 고삐…"모르고 무허가 업체와 거래해도 처벌"
Crackdown on illegal dumping of waste... “Punishment for dealing with unlicensed companies without knowledge.”
The Ministry of Environment is expected to strengthen its crackdown on illegal dumping of waste as it implements a waste disposal site information transmission system to prevent illegal activities such as unauthorized waste dumping and landfill starting from the 1st of next month. The waste disposal site information transmission system is a system to prevent illegal waste generation by preventing workplace waste handlers from entering false waste handover and receipt amounts and collecting and transporting waste using unlicensed vehicles. It was implemented last year starting with construction waste, and will be expanded to include designated waste starting next month. In addition, starting from the 29th, in order to promote the recycling of construction waste, an alternative fine for business suspension, which was previously up to 100 million won, will be imposed within the range of 5% of sales (up to 200 million won) in case of violation of the Construction Waste Act. Accordingly, when the administrative disposition of 1, 3, and 6 months of business suspension is replaced with a fine, fines of 20 million won, 50 million won, and 100 million won were imposed, but from now on, a fine equivalent to 2%, 3%, and 5% of the average annual sales of the previous three years will be imposed.  Illegal unlicensed waste treatment plants and illegal dumping of waste are still prevalent, and it is expected that the implementation of this system and amendment of the bill will be effective in preventing damage to land owners and normalizing the circulation of waste. Companies operating unlicensed waste disposal businesses are carefully dividing roles. On the 22nd, in Changwon, a company was caught illegally landfilling 17,500 tons of waste gypsum at a campsite construction site over several months. Those who dispose of waste to these companies at low rates may also be prosecuted. If you sign a contract without knowing that it is an unlicensed company, there is a high possibility that you will be subject to legal punishment. Last June, in Suwon, Mr. A, who runs an unlicensed waste disposal business, and Mr. B, the executive director of a company that signed a business waste consignment contract, were indicted on charges of violating the Waste Management Act. Mr. A was sentenced to imprisonment for illegally dumping business waste, including waste synthetic resin, on the complainants' land after signing a contract by offering a lower price than the fair market price. Mr. B claimed that he introduced the company to entrust waste disposal without knowing that it was an unlicensed business. Considering various sentencing conditions, Mr. B was found not guilty. In response to this, Daeryun Law Firm (Limited), the legal representative, explained, "Even if you signed a contract without knowing that it was an unlicensed waste disposal company, you will be punished for violating the Waste Management Act. In addition, you may be subject to administrative measures such as business suspension or license cancellation. When signing a contract, it is important to determine whether it is a normal company." He continued, "Under the Serious Accident Punishment Act, business owners or management managers must take management measures necessary to fulfill their obligations under safety and health-related laws. “It also includes the Waste Management Act,” he said, adding, “The weight of punishment and legal responsibility has increased with the implementation of the Serious Accident Punishment Act, so if you have been wrongfully implicated in an allegation, we recommend a prompt response.”    [Click here to see full article] - Crackdown on illegal waste dumping... “Punishment for dealing with unlicensed companies without knowledge.”
Aju Economy
2023-09-06
청탁금지법 시행령 개정…법무법인 대륜 "현장 혼선 지속될 듯"
Amendment of the Enforcement Decree of the Anti-Graft Act… Daeryun Law Firm: “Confusion likely to continue on site.”
On the 21st, the Anti-Corruption and Civil Rights Commission approved an amendment to the Enforcement Decree of the Anti-Graft and Corruption Act (Kim Young-ran Act), which aims to increase the upper limit value of agricultural and fishery product gifts that public officials can receive from the current 100,000 won to 150,000 won. The Lunar New Year and Chuseok holidays will also be increased from 200,000 won to 300,000 won. According to the legal community on the 30th, the amendment increased the amount that a specific person can use as a gift, but confusion in daily life and work is expected to continue for the time being. The Anti-Corruption and Graft Act came into effect on September 28, 2016 at the suggestion of the Anti-Corruption and Civil Rights Commission in 2012, but has been revised several times over the seven years since its enforcement, causing frequent confusion in the field. In particular, although this revision is said to be an amendment to the enforcement ordinance to prevent the economic downturn and revitalize domestic demand, there are also negative reactions such as those arguing that the Anti-Graft Act is useless and that it is abolished, saying that it undermines the very foundation of the purpose of introducing the Anti-Graft Act. There is also public opinion that the anti-graft law is ineffective and that fundamental measures must be taken. According to the ‘Results of last year’s inspection of the operation of the Anti-Graft Act of Public Institutions’ announced by the Anti-Corruption and Civil Rights Commission, the total number of reports of violations of the Anti-Graft Act received last year was 1,404, a rebound in four years. This is an increase of 19 cases compared to the previous year. Among them, the number of reports of receiving bribes was 967, an increase of 96.9% compared to the previous year. On the other hand, cases of improper solicitation decreased by 52.54% from the previous year to 369 cases. Recently, the anti-graft law has received a lot of attention as the ‘private education cartel’, in which current teachers receive money from companies to create questions, has been attracting attention. Anyone subject to the bill, including public officials, journalists, and national, public, and private schools, who receives money or valuables exceeding 1 million won at a time or 3 million won per year, regardless of job-relatedness or compensation, will be subject to imprisonment for up to 3 years or a fine of up to 30 million won. There are still cases of confusion in the field as to what acts are included in violation of the Anti-Graft Act. There are cases where it is reported that someone simply received a gift exceeding 1 million won. Last May, confusion arose in Incheon when teachers reported that they had given gifts totaling 1 million won to Mr. A, the kindergarten director, on several occasions, including holidays, Teacher's Day, and birthdays. Some teachers stated that they gave gifts out of fear of bullying in the workplace, which was a disadvantageous situation for Mr. A, but the case was closed as the charges of violating the Anti-Graft Act were not filed at the police stage. He was also able to avoid fines. At the time, the court determined that there was no evidence to acknowledge that the amount paid per teacher for each gift exceeded the value of the gift specified in the enforcement ordinance. Since it could not be proven that there was coercion by Mr. A, it was decided not to impose a fine on Mr. A, saying that it could not be said that the gift was provided for the smooth performance of duties based solely on the subjective circumstances of the teachers, such as workplace bullying. Daeryun Law Firm (Lihan) advised, “As the enforcement ordinance is revised this time, it is expected that there will be an increase in cases where application is ambiguous or reports due to confusion,” and “If you are wrongfully accused, not only administrative measures but also disadvantages in status will be imposed, so you must clearly understand the certain allowable range set by the law and respond accurately during the investigation process.”   [View full article] - Amendment of the Enforcement Decree of the Anti-Graft Act… Confusion at the Daeryun Law Firm site seems likely to continue | Aju Economy (ajunews.com)
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