Press Coverage

Sexual crimes are representative violent crimes and refer to a series of criminal acts that violate the physical and sexual freedom of others and cause sexual shame or discomfort. They range from face-to-face sexual crimes such as rape, quasi-rape, and forcible harassment to digital sex crimes committed online. These sex crimes are severely punished under the Criminal Act and the Sexual Assault Act, but if the person who committed the crime is not an ordinary person but a government official working for the country, separate administrative measures will be imposed in addition to criminal punishment. According to the National Civil Service Act, which was revised in 2019, if a public official is sentenced to a fine of 1 million won or more for a sex crime, he or she will be subject to retirement or disqualification from appointment. ‘Sexual violence crimes’ as defined in Article 2 of the ‘Special Act on the Punishment of Sexual Violence Crimes’ are strongly restricted from being appointed as public officials if a fine of more than 1 million won is imposed. In addition, even if a person commits a ‘crime of distributing, selling or displaying pornography online’ rather than a face-to-face crime, if he or she is fined more than 1 million won as a ‘crime of sexual violence’, he or she cannot be appointed as a public official for three years. In this way, if a state civil servant is sentenced to a fine of more than 1 million won for a sex crime, it is a natural reason for retirement. However, if the victim is a minor rather than an adult, the zero tolerance principle is applied and the person is permanently expelled from public office, and the appointment of civil servants is restricted. Additionally, sexual crimes committed by state officials do not end with administrative measures against the individual perpetrator. If the head of an agency that has received a report of a sexual crime fails to take appropriate measures to prevent the possibility of concealing or condoning the incident or systematically attempts to cover up the problem, a personnel audit will be conducted by the Ministry of Personnel Management. If a problem is discovered, the name of the organization and related facts will be announced on the Ministry of Personnel Management website for at least three months. Kim Seong-ik, a lawyer at Daeryun Law Firm (Lihan), advised, "Allegations of sexual crimes by public officials are treated seriously and require both sides to respond, not only through criminal measures but also administrative measures. Therefore, it is best to seek legal assistance from a criminal and administrative lawyer with as much experience in handling related cases as possible." View full article - National civil servant administrative disposition fine for sexual offenses exceeds 1 million won, retirement... What are the criteria for permanent expulsion?

In Korea, there are many retired soldiers who were deployed in the Vietnam War and were injured or suffering from aftereffects. Among them, there are quite a few cases where patient registration has been refused in relation to compensation for damage caused by Agent Orange, and the problem has not yet been resolved. Agent Orange refers to a herbicide that is fired to kill trees. It is a highly toxic chemical weapon used in the Vietnam War. It contains a hazardous substance called dioxin, which is more toxic than cyanide. People who have been harmed by Agent Orange need to receive sufficient compensation and focus on treatment because the aftereffects have not yet gone away easily and have a significant impact on their daily lives. Therefore, if patient registration is denied, there is a high possibility that it will lead to an Agent Orange administrative lawsuit. If you are a victim of Agent Orange during the Vietnam War, you need to be prepared to legally explain your damages and then prepare for an Agent Orange administrative lawsuit. You must check whether you meet the standards to be recognized as a person suffering from the aftereffects of Agent Orange, and submit objective supporting documents so that you can be assessed a disability level. If you want to receive some relief from the physical and mental pain caused by Agent Orange, you can receive compensation for damage caused by Agent Orange from the Ministry of Patriots and Veterans Affairs, but the Ministry of Patriots and Veterans Affairs is likely to disapprove this. Therefore, it is important to seek rights by raising objections and contesting the effectiveness of the disposition through administrative trials and defoliant administrative litigation. Attorney Lee Il-kwon of Daeryun Law Firm (Lihan) advised, “If you are a victim of Agent Orange, you must register as a patient to receive not only financial compensation but also various social help, so you should not give up on this.” He added, “You must actively seek legal solutions to resolve the problem with a military lawyer.” He added, “No matter how long it has been since the war ended, we must ensure that our rights are properly protected by law.” View full article - Military refusal to register patients suffering from Agent Orange aftereffects, seeking legitimate rights through administrative litigation

Law school graduates leading law firms in their 20s have appeared. They go beyond simply being named as CEO and lead the corporation as general managers. Law school graduates, who were once considered young lawyers, are creating new legal trends by rising to the top of major law firms in their 20s. At Daeryun Law Firm, the 12th largest law firm in Korea, lawyer Jeong Chan-woo (41, passed the 8th bar exam) took the position of general management representative. He, who had been active as Daeryun's representative attorney, began his term as the head of management on the 22nd of last month. As of April 30, Daeryun had 137 Korean lawyers. Based on the number of lawyers, it is the 12th largest in the country. As of June 7, it is showing rapid growth, with 158 Korean lawyers. Daeryun, founded in March 2018 by lawyer Shim Jae-guk (42, 2nd class), handles many cases in the criminal, divorce, and labor fields. It is specialized in the criminal field to the extent of operating a criminal specialty center. It is classified as a network law firm like YK and Roel in that it promotes itself as a single law firm, opens branch offices in major locations across the country, and maintains an organic cooperation system. Following Attorney Shim Jae-guk, Attorney Jeong Chan-woo, who leads Daeryun, has handled a wide range of cases in the civil and criminal fields, including professional negligence manslaughter, coin fraud, and fraudulent act cancellation lawsuits. He also worked as a criminal public defender at the Supreme Court and the Busan District Court. Currently, Daeryun has 15 ‘Chief Attorneys’, meaning representative attorneys. Among them, in addition to lawyers Chan-Woo Jeong and Jae-Guk Shim, lawyers Byung-Jun Ko (49, 9th episode) and Park Dong-il (37, 8th episode) also graduated from law school. View full article - ‘Law school graduate’ representative lawyer… Leading the ‘Top 20s Law Firm’

Public rental housing is housing pursuant to Article 2, Paragraph 1 of the Housing Act that is supplied for the purpose of conversion to sale after being leased or leased pursuant to Article 2, Paragraph 1 (a) of the Special Act on Public Housing. After the mandatory rental period has passed, it can be converted to sale with approval, and tenants who meet certain requirements can be given priority for conversion to sale. If a defect occurs in public rental housing, according to Articles 36 and 37 of the Apartment Housing Management Act, the tenant, etc. may request compensation for the defect from the project operator. In the past, tenants of public rental housing before conversion to sale did not have the right to demand repairs for defects from construction companies, even though they actually held the right to conversion to sale. With the new establishment of Article 36, Paragraph 2 of the former Apartment Housing Management Act (before it was amended by Act No. 14853 on February 10, 2018), it became possible to exercise the right to claim defect repairs for the first time. The fact that tenants of public rental housing can request repairs for defects is a welcome development in terms of tenant protection. However, when public rental housing is converted to sale, there is a problem in that the project entity's liability for defects is extended for an excessively long period of time, resulting in unreasonable results. According to Article 9-2 of the old Multi-unit Building Act (before it was revised by Act No. 12738 on June 3, 2014), ‘the exclusion period for defect repair claims shall be calculated from the date of delivery to the unit owner for the exclusive use portion, and from the date of use inspection or approval for use for the shared portion.’ This regulation shall enter into force six months after its promulgation in accordance with Article 1 of the Supplementary Provisions. However, in accordance with Article 3 of the Supplementary Provisions, the previous provisions shall apply with respect to collateral liability for buildings sold before the enforcement of the above Act. Therefore, the starting date for the exclusive portion of public rental housing sold after June 19, 2013 is the date of delivery to the first unit owner after conversion to sale. The project entity already had an obligation to repair defects to tenants even before conversion to sale pursuant to Article 36, Paragraph 2 of the old Apartment Housing Management Act (before it was amended by Act No. 14853 on February 10, 2018). In the end, due to the new Article 9-2 of the old Apartment Building Act, it is no different from having the lessee again bear the same defect warranty liability for a building that has been used for a long time as for a newly sold building. From the business entity's perspective, they have no choice but to complain because they will be burdened with compensation obligations for an excessively long period of time. In relation to this, some project entities argue that even after public rental housing is converted to sale, the starting date of the exclusive defect liability period should be regarded as the time of ‘first delivery after construction.’ This is based on the Supreme Court's decision in May 10, 2012, 2011Da66610, etc., which ruled that “even in the case of a complex building converted to sale after lease, the exclusion period for defects liability will be said to start from the time the complex building is delivered by lease, not from the time of sale conversion.” The above Supreme Court decision states, “The proviso to Article 671, Paragraph 1 of the Civil Act, which is applied mutatis mutandis to Article 9 of the Act on the Ownership and Management of Old Apartment Buildings (before it was amended by Act No. 7502 on May 26, 2005), uniformly sets the exclusion period for defect security liability to 10 years after ‘delivery’ without considering the type of defect or the time of occurrence of the defect. Article 9 of the former Apartment Building Act and the Civil Act “In light of the provisions of Articles 667 to 671, it is reasonable to interpret the above ‘delivery’ as meaning ‘the first delivery after construction,’ regardless of the causal relationship of the delivery.” However, this court's opinion is that after Article 9-2 of the old Apartment Building Act (before it was revised on June 3, 2014, Act No. 12738) was newly established, the Supreme Court's 2018Da245184 decision on April 29, 2020, etc. states that “in the case of units converted to sale, the date of delivery to the unit owner” in Article 9-2, Paragraph 2, Item 1 of the Revised Apartment Building Act The meaning appears to have naturally changed as the ruling was made to the effect that “it is appropriate to interpret the meaning as ‘the date when occupation began as a unit owner’ rather than ‘the date of first delivery as a lessee.’” In the future, it is expected that the conflict between project entities and subdivision owners surrounding public rental housing for the purpose of conversion to pre-sale will further intensify. A total of 74,574 houses are scheduled to be converted to sale after public rental for 10 years from 2019. There is an increasing number of cases requesting repair of defects in public rental housing that has been converted to sale to the Defect Review Dispute Mediation Committee established in accordance with Article 39 of the Apartment Housing Management Act. The Ministry of Justice, Ministry of Land, Infrastructure and Transport, and the Board of Audit and Inspection are also aware of this problem. There is a need to revise related laws, including Article 9-2 of the Apartment Building Act, as soon as possible. View full article - Controversy over defect warranty liability period for public leases converted to sale [Special contribution]

On the 7th, the Daegu-area parents' group, Right Parents' Association, announced on the 7th that it signed a business agreement with Daeryun Law Firm on the 31st of last month to provide support and cooperation for parents or students who have been harmed in legal disputes related to children and youth. This agreement was prepared with the purpose of making it easier for parents or students affected by school violence, juvenile protection cases, etc. to receive legal support services by overcoming the difficult barriers of the legal field. The main contents included ▷counseling support related to school violence, ▷provision of legal services to family members of Right Parents Association members, and ▷mutual joint marketing plan. Cho Seung-hyun, chairman of the Righteous Parents Association, said, "I would like to thank Daeryun Law Firm for actively supporting and willingly allowing the hotline counseling service," and added, "I hope that we will continue to think together about ways to contribute to public interest projects and the local community." View full article Maeil Newspaper - Righteous Parents Association and Daeryun Law Firm signed an MOU for cooperation in legal disputes related to children and youth Beyond Post - Daeryun Law Firm (Lihan) signed an MOU for business cooperation with Right Parents Association

[KBS Busan] [Anchor] The prosecution has formed a dedicated investigation team and is continuing the investigation into the case of Jeong Yoo-jeong, who murdered a woman of her age. As it is not clear why he committed the crime by lying about his identity, we are focusing on uncovering the reason and purpose of the crime. Reporter Lee Jun-seok reports. **[Report] ** Jeong Yoo-jung appeared in front of the media for the first time since her identity was revealed on the 2nd. He left a short apology to the victim and the bereaved family, but did not open his mouth when asked why he committed the crime. ["(Why did you kill the victim?) …. (Why did you select the female victim as the target of the crime?) …."] What is known so far is that he felt the urge to commit murder and actually took action. As he showed unconventional behavior, such as disguising himself as a parent to lie about his identity and even wearing a school uniform when visiting the victim's home, some are analyzing that he may have had another purpose other than the 'impulse to kill', such as so-called 'changing his identity'. After being arrested, Jeong Yoo-jeong reportedly denied the crime during a police investigation, saying, "When I entered the victim's house, she was already dead." It is also known that "the person who committed the murder told him to abandon the body because he would let him live as a victim." The fact that the prosecution, which took over the case, deployed three prosecutors' offices and formed a 'dedicated investigation team' is interpreted as an attempt to specifically identify the motive for the crime, which has not yet been clearly revealed. [Lee Il-kwon/Attorney/Former Prosecutor: "(The prosecution) is expected to investigate this case with an emphasis on psychological analysis and motive. In the case of a murder case, the motive for the crime is the most important factor in determining the sentence."] The prosecution plans to conduct an investigation until the end of the detention period on the 11th, and extend the detention period once more if necessary. This is Lee Jun-seok of KBS News. View full article - Prosecutors’ investigation into ‘Jeong Yoo-jeong case’ begins in earnest… Identifying the ‘motive of crime’ is key

[The Power Reporter Minjin] There are many people who are experiencing economic difficulties due to the recent increase in interest rates and rising prices, and many of them are not just finding it difficult to live compared to before, but are even finding it difficult to maintain basic livelihood. If you find it difficult to cover the interest and principal due on your debt even though you are engaged in economic activities, you can apply for debt adjustment through the personal rehabilitation procedure. Personal rehabilitation is a rehabilitation system that helps individual debtors who are at risk of bankruptcy due to financial difficulties to generate stable and continuous income in the future. A debtor whose personal rehabilitation application has been accepted can have the remaining debt forgiven if he or she continues to repay part of the debt for 3-5 years with the remaining amount of his or her income, excluding living expenses. In addition, debtors who have received personal rehabilitation can stop and prohibit compulsory execution by creditors, such as seizure, provisional seizure, and demand, and can also open bank accounts and use check cards. In addition, your family, including your spouse and children, will not be disadvantaged due to your debt. As much as the benefits are great, not everyone can apply for personal rehabilitation. It is limited to those who are likely to continuously receive a fixed and certain income as a salary earner or business income earner, the total amount of debt is less than KRW 1 billion in the case of unsecured debt and KRW 1.5 billion in the case of secured debt, and are in a state of insolvency (where there are more debts than assets). The application process is also difficult, requiring the preparation of specific and diverse documents, such as a list of personal rehabilitation creditors and asset lists, a detailed list of the debtor's income and expenditures, data proving salary earners and business income earners, and preparation of a detailed repayment plan. Another thing to be aware of is that even if personal rehabilitation is approved, the exemption decision may be canceled if the high repayment amount cannot be met. Therefore, a clear and realistic plan must be established on how to repay the amount when approved. Attorney Park Young-gyu of Daeryun Law Firm (Limited) advised, “As there are many documents that must be prepared for personal rehabilitation and bankruptcy-related issues and thorough preparations such as drawing up a feasible repayment plan are required, it is advisable to seek legal assistance from a lawyer specializing in insolvency and proceed carefully.” View full article - Personal rehabilitation following bankruptcy, procedures must be carried out carefully

There is an obligation to ensure safety and health that must be observed by individual business or business owners or management managers of corporations or institutions, and the law stipulates management measures necessary to establish and operate a safety and health management system and fulfill obligations in accordance with safety and health-related laws. In particular, the Occupational Safety and Health Act, which prevents industrial accidents by establishing standards for industrial safety and health at a business or workplace and clarifying the location of responsibility, stipulates specific safety and health standards for workplaces, the employer's obligation to take action accordingly, and the person responsible for preventing industrial accidents at the workplace. If a worker dies due to failure to take safety measures under the Occupational Safety and Health Act, not only the employer but also the site manager who caused the worker's death will be punished. Although the site manager has a duty of care to prevent accidents from occurring, he or she neglects this duty, resulting in death or injury to workers, and is subject to punishment under criminal law for occupational negligence causing injury. For example, if an accident resulting in death or injury occurs at a construction site, the subcontractor's employer or manager is liable under criminal law, and managers who have a duty to ensure safety at the site, such as the site manager, are also responsible under the Occupational Safety and Health Act and criminal law. In fact, industrial sites are bound to have various factors that can lead to accidents due to the nature of the site, in addition to insufficient obligations to ensure safety and health. Therefore, the purpose of the Occupational Safety and Health Act and the setting of punishment targets is to prevent accidents in advance. Jihye Kwon, lawyer at Daeryun Law Firm (Limited), advised, “All personnel at industrial sites, including business managers as well as site managers, must not neglect their duty of care for safety and health to prevent worker accidents from occurring.” She also advised, “If an accident has already occurred at the site, the case should be carefully reviewed by a lawyer specializing in industrial accidents and labor, and legal action should be taken against the application of occupational negligence and malpractice.” View full article - Labor industrial accident in violation of Occupational Safety and Health Act, responsible manager punished for occupational negligence and malpractice

In the official live, they openly emphasized 'fake'... "No problem" Experts say, “Possible violation of Design Protection Act and Unfair Competition Prevention Act” Amore, troubled by counterfeit cosmetics from China...must set an example [Edaily Reporter Moon Da-ae] [ Anchor ] Amore Pacific (090430), the number one cosmetics company in Korea, was found to have lured customers with ‘counterfeit’ free gifts. Although they claim that it is not a copy of a specific product, they actually promoted it on live shopping by saying that it has the same design as a luxury product. Experts judged that there was enough potential for a problem. There are criticisms that the performance rebound is excessive marketing. This is reporter Moon Da-ae. [Reporter] On the left is the ‘Quilted Bag’ from H&M Group’s premium fashion brand COS, and on the right is the ‘Embo Bag’, a free gift bag used for promotions by Amore Pacific’s Laneige. COS’s quilted bag is also known as the ‘Blackpink Jenny bag’ and is a representative bag of the famous COS. This shoulder bag is made from recycled polyester, and the entire bag has a soft quilted texture. It features a unique embossed design and round curved shape, and its representative color is sky blue, so it is also called ‘Cloud Bag’. The bags produced by Amore are also similar to Course's unique embossed design, color, and size. If placed side by side, there is a high risk of mistaking them for bags of the same brand. Since last March, Laneige has held a large-scale event to give away bags to promote its flagship product, Water Bank. We used this to attract customers not only through major online channels such as Amore's official mall and Olive Young, but also through live shopping broadcasts. “Do you think of the C brand (COS) bag? This is the bag that the celebrity whose name starts with J (Jenny) carries every day at the airport. It has the same design (as the COS bag)...” Live shopping openly emphasized that the course was a ‘counterfeit’, but Amore said there was no problem. An Amore official said, “It was just produced in the bag style, which is a recent trend, and did not imitate a specific brand. This was marketing conducted as part of an effort to ease Laneige’s performance.” Amore bags, which were produced in limited quantities, are currently sold out through word of mouth, and are being sold at oil prices on the second-hand market due to their great popularity. Experts pointed out that there was a possibility of violating the ‘Design Protection Act’ and the ‘Unfair Competition Prevention Act’. The Design Protection Act is a law that protects the appearance and appearance of ‘designs’, that is, physical objects and industrial products. ‘Designs that were known or publicly implemented domestically or abroad before design registration or application’ are also subject to protection, and include not only previously applied designs but also publicly known designs. In the case of the COS quilted bag, it is not a typical bag, but a product designed through a sewing method called ‘quilting’, and as it plays a leading role in design in the market, there is a high probability that it will violate the Design Protection Act. There is also a possibility of violating the ‘Unfair Competition Prevention Act’. It was designed to prevent unfair competition that disrupts the market. ‘Transferring, renting, displaying, importing or exporting products that imitate the shape of products manufactured by others’ is one of the acts of unfair competition. If the well-known nature of Course Qualified Bags is acknowledged, there is ample room for problems for Amore, and gaining commercial profits from results created through the investment and efforts of others can be problematic as ‘misappropriation of results.’ Therefore, it was pointed out that there is a need to proactively look into violations of the Design Protection Act and, to the extent not protected by the law, to preliminary look into whether there are any violations of the Unfair Competition Prevention Act. [ Dongjin Kim / Attorney at Daeryun Law Firm ] “I think we need to look into whether Amore Pacific has sufficient differences from the quality design of the previous course, and whether Amore Pacific has violated (the course’s) quality rights and secured economic benefits through this. If we look at it from this perspective, there seems to be enough room for a dispute.” In the case of design, as plagiarism is rampant and standards are ambiguous, he emphasized that companies' self-reflection should be prioritized rather than re-establishing clear legal standards, and that consumers should also be careful. [ Dongjin Kim / Attorney at Daeryun Law Firm ] “In the end, this is one of the long-standing issues in art that has always existed between the dilemma of plagiarism and development. If the National Assembly or the courts carelessly give in to one side’s victory, they will inevitably suppress the oppression of the other side. In the end, design professionals will need to make efforts to recover on their own, and it appears that this will require continued public interest and continued monitoring by the media.” Amore is struggling with counterfeit cosmetics from China. As it is a leading K-beauty company, it seems necessary for the company to establish strict standards for itself. This is Moon Da-ae of Edaily TV. View full article - Controversy over giving away counterfeit Amore free gifts... "It's not an imitation" vs. "It's a violation of the law"

On the 3rd, Daeryun Law Firm (Lihan) announced the joining of Chief Attorney Park Seong-dong (24th class of the Judicial Research and Training Institute), a former chief prosecutor at the Seoul High Prosecutors' Office. Attorney Park Seong-dong, who newly joined Daeryun, was a former police officer at the Seoul Metropolitan Police Agency. After being appointed as a prosecutor, he served as a prosecutor at the Busan District Prosecutors' Office and Suwon Central District Prosecutors' Office, and then as a chief prosecutor at the Daegu District Prosecutors' Office, Cheongju District Prosecutors' Office, and Seoul High Prosecutors' Office. An official from Daeryun said, “By recruiting Attorney Park, who has experience in both the police and prosecution investigation procedures, it is expected that he will be able to flexibly respond to the changing investigative environment, such as the adjustment of the investigative authority of the police and prosecutors.” He added, “Having experienced many high-stakes cases such as international litigation, he is an excellent multiplayer in criminal cases such as violent crimes, property crimes, sex crimes, and traffic crimes, as well as civil and domestic cases, and is expected to play an active role in situations where complex cases from multiple fields are combined.” Daeryun Law Firm (Lihan) has 30 offices across the country and operates a dedicated center centered on specialized lawyers for each case, including criminal affairs, corporate law, military criminal affairs, and finance. View full article - Daeryun Law Firm (Limited) recruits lawyer Park Seong-dong, former chief prosecutor of the Seoul High Prosecutors' Office