Press Coverage

A business agreement was signed to expand cooperation between local universities and legal institutions. Daeryun Law Firm announced on the 10th that it has signed a business agreement (MOU) with Incheon University to cultivate talent in the legal field and contribute to the local community and has decided to establish a cooperation system. The agreement ceremony was held at Incheon National University on the 7th. Representatives from both sides attended the event, including CEO Daeryun Park Dong-il, lawyers Lee Kwang-woo, Hwang Gyu-hwa, and Choi Kwang-hyeon, Incheon National University President Lee In-jae, Planning Vice President Lee Jun-han, International and External Cooperation Director Hong Jin-bae, and External Cooperation Department Director Heo Seong-hee. Incheon National University is a regional base national university that has been operating practical education and industry-academia cooperation programs. We are building an education system based on nurturing talent that reflects industrial demand and connecting with the local community. Under this agreement, Daeryun plans to provide field-oriented practical experience opportunities, such as job fairs and internship programs, to Incheon National University students. Through this, we plan to support career exploration and strengthening employment capabilities. It also included providing legal counseling support and legal advice to faculty and staff. We also plan to carry out community contribution activities by providing public interest legal services. The two organizations decided to promote legal education and research by promoting joint research, academic seminars, and invited lectures. We plan to continue to share information necessary during the cooperation process and expand exchanges. Incheon National University President Lee In-jae said, “This agreement will provide students with practical practical experience in the field of law and serve as an opportunity to work together to revitalize legal research and education.” He added, “We will continue to expand our role as a university that grows with the local community through continued cooperation.” CEO Park Dong-il of Daeryun said, “We expect to discover excellent talent and spread the social value of legal services through cooperation with Incheon National University. We will continue our mutually beneficial cooperative relationship through various programs linking education and practice.” Daeryun is expanding its education and research cooperation model based on industry-academia cooperation and linkage with public institutions. Through this, we are continuing our activities to strengthen the social role of legal services.[View full article] Daeryun signs business agreement with Incheon National University... Cooperation in nurturing legal talent (link)

SNS So-called people who use short form as bait to sell their secrets to success. ‘Multi-level success sales’. plenteous ‘testimony’After building trust through free briefing sessions, we make people pay for expensive lectures., It is a typical fraud method that induces other people to join in and then becomes another perpetrator.. ‘I will make you money easily.’We looked into the reality of multi-level online lectures that attract not only beginners but also teenagers through temptation.. ‘only 17monthly sales 1The secret to achieving 100 million won’, ‘parents 20How to Retire Early’, ‘How to make money with a business model that they don't teach you in school…’SNS If you flip through the reels without thinking, you will see these provocative subtitles and your own thoughts. ‘secret to success’I often see videos that tell me about. Among numerous videos ‘AI Automation sales per month 1how to make a thousand’I clicked on the release titled, A man who introduced himself as a high school student proudly showed off his bank account balance.. however 1Even if you watch the video to the end, it's only a few minutes long. ‘how’ There was no explanation as to whether any money was made.. Instead, he just listed how quickly and easily he made money, as if bragging.. There was literally no substance..They said they would tell me how to do it if I left a comment, so I left a comment., straight DM(direct message)has arrived. When I clicked the attached link without hesitation, the online course payment window opened.. The lecture fee is 1510,000 won. It wasn't a lot of money, but it was still difficult to find an explanation of what was being taught.. Even if you leave an inquiry to the seller through open chat, “You can find out more details by paying the course fee.”The answer came back.In fact, in the YouTube search bar ‘high paying side hustle’, ‘monthly sales 1100 million’, ‘how to make money easily’ If you enter the same keyword, similar videos will appear endlessly.. Most views exceed hundreds of thousands of times.. However, the messages conveyed by the videos are mostly similar, as if they exist as templates.. I suffered from poverty and found a way to become rich., The secret to you too ‘gladly’ I want to let you know. #Secret to success = online side hustle = fraud‘Get rich quickly’ The profit structure promoted by lectures is particularly risky for young people who want to ‘online side hustle’am. Fields range from brand promotion placement to YouTube comment part-time work., SNS marketing, There are many things to do, including starting an online shopping mall.. ‘Guaranteed profit’, ‘automation sales’, ‘AI e-commerce’ By using the same plausible keywords, they make it seem like anyone can easily become a high-income earner by just listening to the lecture.. In the latter period “After taking this lecture, I started a business and made a lot of money.”like ‘testimony’It also continues.But the important thing is, These lectures never guarantee actual results.. The advertisements make it seem like anyone can make similar profits if they follow along., Even if you purchase a course, follow the content, and even submit assignments, it often does not lead to actual profits.. so-called ‘fake lecture’is.also ‘success seller’Food marketing more easily influences youth. SNS Consume content quickly through short forms and releases 10This is because baits with provocative but plausible keywords spread much faster in the online user environment.. Platform algorithms also play a role here.. Reels and Shorts recommend videos based on engagement metrics such as dwell time and response rate., The more provocative content is, the longer it is consumed and the more likely it is to spread.. As a result, the likelihood that the same video will be repeatedly exposed to youth who spend a long time using short forms increases.. ‘200Tari’(salary 200A derogatory term for someone who receives 10,000 won)Just as the word is popular among teenagers, Rather than making money through honest work ‘You can easily make a lot of money’As this message is consumed repeatedly, many young people view the value of effort itself negatively.. In the end, even if you study hard ‘salaried worker’In the cynical perception that it will only become ‘easy and fast money’Messages that promise become an even stronger temptation to them..#From victim to perpetrator…Proof of fraud, This is a multi-level swamp where refunds are not easy. ‘Lecture arm’The bigger problem is ‘profit structure’is in. These online side classes are more important than selling the course itself. ‘Recruiting sub-salespeople’There is often a focus on. Juyoung Park, attorney at Daeryun Law Firm, “On the surface, it appears to be selling lectures, but, If the structure is such that a subscriber recruits another person and that person in turn attracts lower-ranking subscribers, it is under the Door-to-Door Sales Act. ‘Unregistered multi-level’may correspond to”explained. Knowledge or information that is not an object, such as online lectures or consulting, is also legally prohibited. ‘service’corresponds to. If it was advertised as guaranteeing high profits even though it is difficult to actually make a profit, Fraud charges may apply.Another problem is that even if actual damage occurs, it is not easy to lead to investigation and punishment.. To constitute a crime of fraud, an act of deception(the act of telling false facts)You have to prove intent to defraud., This is because it is often difficult to determine whether it is a simple investment failure or a fraud.. Additionally, these lectures are often sold and operated through closed online communities such as Telegram or open chat, making it difficult to secure evidence.. This is because anonymity is high, conversation records are easily deleted, and the server is located overseas..As there is a large influx of teenagers, there are many cases of minors paying for expensive lectures without parental consent.. Under civil law, if you purchase without the consent of your legal representative, you can cancel., It is not easy to get a refund if you used your parent's card with permission or lied about your age and signed a contract as if you were an adult.. Additionally, in the case of digital content, withdrawal of subscription is restricted once use begins.. Many companies make it difficult to get a refund by encouraging you to view the course immediately after payment..Also, some teenagers are new ‘seller’flows into. introduce a friend or SNSThis is because you can receive an allowance if you promote your lecture through .. in other words, From a multi-level victim to a perpetrator. Just because you're a minor doesn't mean you're exempt from liability.. only 14Children under the age of three are subject to juvenile protection measures., 14People over the age of three may be subject to criminal punishment depending on the circumstances.. Attorney Park “If you simply post once or twice, it may not lead to punishment, but, If you directly produce reels or videos, actively promote them, continuously recruit people, and receive profits, you may be punished for aiding and abetting fraud or being an accomplice.”warned me. When damage occurs, the most important thing is to secure early evidence.. Attorney Park “If you have paid for a course, first request immediate payment cancellation and refund from the company., It is important to report damage quickly through platform reporting or police reporting.”as “conversation capture, deposit account, It is helpful in the investigation to quickly secure advertising screens, etc.”advised. [View full article] Monthly sales of 100 million at age 17? New SNS short-form scam ‘Successful Sales Multi-Level’ (Shortcut)

In January, the Ministry of Employment and Labor announced legislation for the 'Work Package' to comprehensively protect freelancers and platform workers starting this year's Labor Day (May 1), and the risk of corporate labor management is reaching its peak. This is because we have entered a legal inflection point where the responsibility to prove employee status, which was previously borne entirely by labor providers, is now transformed into the company's 'responsibility to disprove', with the purpose of concretizing the 'right to work' stipulated in Article 32 of the Constitution of the Republic of Korea. The core of this amendment is the establishment of Article 104-2 (Presumption of Worker) Paragraph 1 of the Labor Standards Act. This provision defines a person who directly provides labor for another person's business as a labor provider, and specifies that in the event of a dispute, they are presumed to be 'workers'. In the current legal system, labor providers claiming rights had to prove their status as employees according to the general legal principle of burden of proof. However, in the future, if employers fail to completely disprove the independent business status of the relevant personnel, they will be subject to all responsibilities under the Labor Standards Act, including the obligation to pay wages and severance pay. This 'power of presumption' is not only used for dispute mediation by the Labor Relations Commission, which has the effect of reconciliation under civil law, but also for all civil disputes, such as claims for wages and severance pay, and lawsuits confirming invalidity of disciplinary action and dismissal. It has a ripple effect. A point of particular note is the labor inspector's strong investigative authority stipulated in Paragraph 2 of Article 104-2 of the amendment. Employers cannot refuse a request to submit data without a justifiable reason, and if they violate this, they are expected to face all-out pressure, including administrative sanctions, such as a fine of up to 5 million won pursuant to Article 116 of the same Act. The top priority that companies must immediately implement in response to these risks is a complete disconnection of the business command and supervision system. This is because the most important criterion that the Supreme Court considers when determining employee status is ‘substantial command and supervision.’ In practice, freelancers and partner company personnel must be thoroughly separated in company messengers or group chat rooms, and the practice of enforcing commuting times or work locations must be immediately abolished. Furthermore, it is essential to completely remodel the communication method in the form of consultation on contract results rather than work instructions to completely block any room for dependency. In addition, in order for a company to fulfill its responsibility to disprove in court, it must preemptively prepare objective signs to prove that the other party is an 'independent business operator.' A representative defense method is to explicitly allow 'substitutability' in the contract, which allows the principal to hire a third party to perform the work instead of performing the work himself. In addition, specific data to prove actual business status must be accumulated at all times, such as stipulating that major equipment, tools, vehicles, etc. required for work be used as personal assets rather than company assets and leaving proof of this. Under the worker presumption system, 'companies that cannot prove' cannot avoid legal defeat, which can lead to enormous management losses and a decline in corporate reputation. Now, labor management has gone beyond simple personnel administration and has become a high-level compliance area that requires legal redesign of the entire labor management process to meet the strengthened burden of proof. Establishing a preemptive and detailed legal safety device will be the only way to preemptively protect against unsettled labor risks and ensure the survival of the company. Reporter Lee Dong-oh (canon35@mt.co.kr)[View full article] Employee estimation system 'D-DAY' to coincide with Labor Day... How to prevent corporate risks? (Shortcut)

Daeryun Law Firm announced on the 9th that it has continued its rapid double-digit growth in 2024 and last year, solidifying its position as the '9th largest law firm in Korea' in terms of sales for two consecutive years. Last year, Daeryun's sales based on value-added tax returns were calculated to be 130 billion won. This is a 15.4% increase compared to the previous year, which was about 112.6 billion won. Among the top major law firms in sales announced earlier this year, this is the second highest growth rate after Shin Sejong (18.0%). Daeryun's sales per lawyer are approximately 540 million won. This ranks 8th in the country. The background for growth is said to be 'overwhelming infrastructure' and 'responsible litigation system'. Previously, Daeryun significantly strengthened its cross-border legal advisory capabilities by establishing a local corporation, SJKP, in New York, USA last year. After its opening, a class action lawsuit was filed against Coupang's U.S. headquarters. Daeryun also structured a litigation system that requires an experienced manager-level attorney to oversee all aspects of the practice, including customer communication, strategy establishment, and trial attendance. The purpose is to resolve the problem of service imbalance that can occur when senior lawyers are excluded from practice or individual lawyers with less experience are in charge of cases. Daeryun is known to have handled more than 15,000 cases last year. Kim Kuk-il, CEO of Daeryun Management, said, "What is more important than the external figure of sales is the practical data accumulated through directly solving numerous cases and the resulting customer trust. A virtuous cycle has been established in which the majority of clients who have actually experienced Daeryun are satisfied with the service and request new cases or actively introduce them to those around them." “We will focus on the essence of a law firm that protects rights and interests as the top priority,” he emphasized. Reporter Song Min-kyung (attorney) (mksong@mt.co.kr)[View full article] Money Today - Daeryun Law Firm exceeded KRW 130 billion in sales last year... Ranked 9th among law firms (Go here) The era of Donghaeng Media - Daeryun Law Firm, sales of 130 billion won last year... Ranked 9th in law firm sales for two consecutive years (Click here) Financial News - Daeryun Law Firm exceeded KRW 130 billion in sales last year...maintained as the '9th largest law firm' for two consecutive years (Go here) Edaily - Daeryun Law Firm exceeded KRW 130 billion in sales last year... 15.4% increase compared to the previous year (click here) Legal Times - [Law Firm iN] Daeryun, last year’s sales of KRW 130 billion, ranked 9th among Korean law firms (link) Newsis - Daeryun Law Firm, ranked 2nd in growth among major large law firms (Shortcut) Seoul Shinmun - Daeryun Law Firm, sales of 130 billion won last year... Top 9 for 2 consecutive years (link) Aju Economy - [Law Firm Lounge] Daeryun, sales exceeded KRW 130 billion last year... Ranked 9th law firm (Shortcut)

Massive deposit non-return crisis... Real estate and economic case experts are deployed to provide one-stop support from multi-faceted legal assistance from lease registration to performance claims and criminal charges… “We are striving to minimize damage to tenants.” Amid growing anxiety among tenants due to a large-scale rental deposit-related problem in a large apartment building in the Chungju area, Daeryun Law Firm announced on the 9th that it has launched a response task force (TF) to relieve damage to tenants. The place where the problem occurred was an apartment with about 2,000 households located in Judeok-eup, Chungju, and Company A, a rental business operator, recently extended the Housing and Urban Guarantee Corporation (HUG) guarantee insurance. As corporate rehabilitation procedures are entered without implementation, the crisis of non-return of large-scale deposits is increasing. Accordingly, Daeryun recognized the seriousness of the situation and formed a customized task force by combining veteran experts with abundant experience. The leader of the TF was Cho Young-sam, a lawyer who served as a judge at Changwon District Court and Chuncheon District Court and had extensive experience in various civil and criminal trials for a long time. Attorney Cho is an expert in major real estate and civil litigation, including leading the Supreme Court's first precedent that a landowner can claim royalties even if the right to use a grave is recognized, and will lead the overall litigation strategy of this task force. Attorney Gyu-seok Park, who has handled many complex economic crime cases such as investment and development-related fraud, also joined. Attorney Park, who has experience as an advisory attorney for an asset management company and a real estate development company, plans to focus on closely digging into the issues related to landlords' deceptive practices. In addition, attorney Dae-won Kim, who successfully obtained the return of the deposit by representing tenants in the 'Danueu incident in Hakjae Village, Yesan-gun' related to HUG rental deposit guarantees in the past, and attorney Jae-sik Kang, a real estate expert with extensive court and registration practice, were also named to the task force. Daeryun said through this TF. We plan to provide one-stop legal services from initial fact finding, application for lease registration order, HUG deposit performance request agency, customized legal advice at each stage of the process, as well as transition to additional litigation, such as filing a criminal complaint for lease fraud when a dispute arises. The plan is to overcome the limitations of individual responses in line with the characteristics of large complexes where group action is essential and to take a multifaceted response that simultaneously pressures landlords and HUGs. Daeryun Cho Young-sam, an attorney at Daeryun, said, “If the financial condition of the rental business operator had already deteriorated to the extent that corporate rehabilitation was expected at the time of signing the first lease agreement, this could be evaluated as an act of deception not only for the tenant but also for the HUG.” He added, “As we have a lot of experience in consulting and conducting lawsuits related to performance claims, apartment tenants who are concerned about large-scale damage can actually take action. “We will focus all our capabilities at the corporate level to ensure that the deposit is returned,” he said. jckim99@sportsseoul.comReporter Kim Jong-cheol[View full article] Daeryun Law Firm launches a task force to respond to the non-return of deposits for large-scale apartment complexes in the Chungju area (link)

The legal debate that shakes the foundation of the 14th Amendment to the U.S. Constitution, so-called “territorial citizenship,” has once again been put to the test by the U.S. Supreme Court. Currently, a fierce legal battle over the scope of recognition of children's citizenship continues in the Supreme Court. The long-standing principle of granting citizenship to those born in the United States, regardless of their parents' residency status, is being shaken completely. Depending on the results of the final ruling, which is expected to take place between June and July, the legal status of Korean immigrant families and the entire family's residence plan could be changed in an instant. The key issue in this trial is the scope of interpretation of the 'subject to the jurisdiction thereof' stipulated in the citizenship clause of the 14th Amendment to the Constitution. Until now, citizenship has been consistently granted to those born within U.S. territory, but there is now a clear movement to limit the scope to only cases where at least one parent is a U.S. citizen or permanent resident. Until now, before the legal principle is overturned by a new ruling, the existing principle of territoriality remains in effect. However, if the Supreme Court narrows the scope of its jurisdiction, the situation is reversed. The essential crisis of this situation is that the acquisition of citizenship for children of temporary residents such as international students and expatriates may be effectively blocked after this summer. The biggest threat posed by changes in legal interpretation is that the child's citizenship is dependent on the parent's residency status. So far, a child's citizenship has gone beyond a simple matter of nationality and has served as a 'legal shield' that allows a family to remain in the United States. If the child does not have independent residency rights called citizenship when the parent's visa expires, the entire family's education and residence base is bound to collapse. Therefore, we are now at a point where not only the child's documents but also the possibility of the parents' visa extension must be viewed as a single family-level risk and managed in an integrated manner. The first step in risk management is 'data archiving'. You must systematically prepare hospital records and medical treatment details at the time of the child's birth, as well as data proving that the parents have legally stayed in the United States and engaged in economic activities. This is because it serves as legal evidence to protect the child's status in the event of retroactive application of citizenship or disputes over eligibility in the future. In addition, if the visa you currently hold is limited to 'temporary stay', a strategy is needed to minimize the possibility of 'jurisdiction' controversy, such as checking with an expert on the possibility of switching to a visa that can secure a more stable stay status. In addition, in case securing US citizenship becomes uncertain, the Korean birth registration and nationality maintenance procedures should be carried out in parallel, but the timing should be carefully adjusted so that this process does not conflict with the 'intent to reside' under US immigration law. If you approach the U.S. process and Korea's family relationship registration report separately, there is a possibility that you will be placed in a long-term disadvantageous legal position as the nationality and residency status judgments overlap or conflict. This complex legal thread between the two countries can never be resolved with the legal knowledge of either country alone. This is because we need to precisely predict and respond to the butterfly effect that changes in U.S. immigration law will have on Korea's family law and military service law. In the end, a practical solution to this issue must be found in the 'cross-border' response capability that designs the optimal movement route by taking an integrated view of the laws of both countries. Only a systematic system in which domestic expertise and the working network of local law firms work together as a one-team in real time and simultaneously coordinate the procedures of both countries through a single window can be an effective safety net for Korean immigrants facing huge institutional changes. There are only about two months left until the Supreme Court ruling. From the moment a child is born, the legal clock already starts ticking. Rather than waiting for a ruling, proactively examining possible risks and establishing a response plan is the only sure way to protect your child's future and your family's daily life.● Contributions by external writers may differ from the editorial direction of this magazine. Gyeonggi Ilbo webmaster@kyeonggi.com[View full article] [Contribution] What is an integrated response strategy for the faltering birthright citizenship of the U.S. for the future of children? (Shortcut)

Experience in all areas of criminal, civil, and administrative affairs... 17 years of experience as a judge and prosecutor, including chief judge of Daegu District Court Enhancing legal service capabilities with a wide range of case experience from special investigations, trials, and appellate trials Daeryun Law Firm announced on the 8th that it has strengthened its ability to respond to trials and investigations by recruiting lawyer Park Seong-jun (34th class of the Judicial Research and Training Institute), a former chief judge. Attorney Park was appointed as a prosecutor in 2005 and entered the legal profession. I took a step. Since then, he has gained a deep understanding of investigative logic by experiencing the entire criminal process at the Busan District Prosecutors' Office, the Geochang Branch of the Changwon District Prosecutors' Office, and the Special Department of the Ansan Branch of the Suwon District Prosecutors' Office. Attorney Park Seong-jun, who was appointed as a judge in 2010, has tried various cases while serving as a judge at the Daegu District Court and the Busan High Court. In particular, he is evaluated for his ability to accurately understand complex issues by taking on major cases that have attracted social attention, such as the appeal trial of the Dong-A Pharmaceutical executive rebate case and the appeal trial of the Hyowon Cultural Center contract invalidation case between Pusan National University and E-Land Retail. He has also been in charge of a case claiming damages against the state related to the death of a captain that occurred during a crackdown on illegal fishing. In addition, Attorney Seong-Jun Park is a legal expert who is qualified as a certified public accountant. He is recognized for his expertise while serving as a member of the Busan Regional Tax Office's tax violation investigation deliberation committee. Attorney Park Seong-joon said that he is competitive in responding to corporate-related cases and financial and tax issues by adding accounting expertise to his investigation and trial experience. “Based on the wealth of experience I have accumulated as a judge and prosecutor, I will present an optimal strategy that accurately penetrates the core of the case,” he said. “We will prioritize protecting the rights and interests of clients and provide legal services with practical results.” Kim Kuk-il, CEO of Daeryun Law Firm, said, “Attorney Park’s joining requires a complex legal review.” “It will be an opportunity to raise Daeryun’s service level in the areas of corporate advisory and large-scale litigation,” he said. “We will provide more sophisticated legal services based on our expertise in both trials and investigations.” Reporter Son Jeong-heon, Lawleader twson@lawleader.co.kr Law Leader - Daeryun Law Firm recruits former Chief Judge Park Seong-jun (Click here) Empathy Newspaper - Daeryun Law Firm Recruits Attorney Park Seong-jun, a former Chief Judge (Click here)

Focusing on corporate needs, maintaining existing business, and risk management "Presenting a strategy based on experience in arbitration, litigation, and asset execution" As geopolitical tensions between the United States and Iran are increasing and uncertainty in the global economy is deepening, Daeryun Law Firm has joined hands with SJKP, a local law firm in the United States, to establish an all-round response system. The two companies plan to form a 'global complex crisis response task force' that includes the risk of war with Iran, and provide practical services that go beyond simple advice to actual dispute resolution and execution. In order to respond to this incident, Daeryun brought to the forefront American lawyers with brilliant experience. Led by Son Dong-hoo, an American lawyer with more than 10 years of litigation experience, Won Won-yeon, an American lawyer who has performed large-scale international commercial arbitration and ISDS (investor-state dispute resolution) at large domestic law firms such as Kim & Chang, Kwangjang, and Sejong, joined the team. In addition, attorney James Meaney with 20 years of practical experience, attorney Bryce Robbins, an expert in criminal risk and trade regulations, and attorney Dominica Peko, who is a former assistant prosecutor at the Brooklyn District Prosecutors' Office and is well versed in marine insurance disputes, joined the team. Add strength. SJKP, a collaborating law firm, has unrivaled practical capabilities in cross-border (cross-border transaction) disputes, force majeure clause interpretation, and maritime transportation, so synergy between the two companies is expected. Daeryun and SJKP analyzed that the needs of companies have recently been focused on 'maintaining existing businesses' and 'risk management' rather than new investments. As high oil prices and supply chain instability prolong, issues directly related to survival, such as corporate restructuring, workforce reduction, and bankruptcy, are frequently occurring. What is particularly noteworthy is that the demand for ‘compulsory execution’ procedures, such as seizure or lien execution to recover debt, is rapidly increasing. The two companies not only review the application of force majeure in cases of non-compliance with contracts due to geopolitical variables, but also deal with sanctions (IEEPA) and export control issues. The core strategy of this task force is to not only stop at simple legal interpretation, but to respond comprehensively to overseas asset tracking and actual execution. It also provides precise guidance on maritime transportation disruptions and insurance disputes that will be brought about by tensions in the Strait of Hormuz. As the battle over who is responsible for transportation delays and cargo losses is expected to intensify, we plan to provide international dispute resolution solutions that go beyond the laws of a single country. A Daeryun official said, "In a global economic crisis, there are increasing cases where conflicts of interest between companies lead to hostile takeovers or M&A disputes. Based on our experience in integrated response encompassing not only arbitration and litigation, but also asset execution, we are developing a strategy focused on solving real problems to help companies overcome the waves of uncertainty. “I will present it,” he said.[View full article] [Uncertainty risks from the Middle East] Daeryun-SJKP ‘Global TF’ in operation… Focus on localized risk management (click here)

A soldier in his 20s was put on trial on charges of swearing at a specific superior in his unit, but was found not guilty by the court because it was recognized that the remarks did not refer to a specific person and did not have a performance nature. According to the legal community on the 7th, the 3rd Regional Military Court acquitted Mr. A, in his 20s, who was indicted on charges of insulting his superior last month. Mr. A was indicted on charges of making insulting remarks against a specific superior in a situation where his remarks could be heard by people around him within the unit. However, Mr. A denied the charge, saying he had never made the problematic remarks. In addition, it was argued that even if the remark had been made, it was difficult to identify the other party as it was more like a dissatisfied self-talk. The court found him not guilty based on the statement of another unit member, Mr. B, who was at the scene at the time, saying, “I heard the remark itself, but I did not know who it was directed at.” In order for an insult to be established, the victim must be identified and the expression must be likely to be spread, but according to Mr. B's statement, Mr. A's remarks do not meet these requirements. Attorney Seo In-ho of the Daeryun Law Firm, who represented Mr. A, said, "In this case, the key point was whether the remarks met the requirements for criminal punishment rather than whether Mr. A made the problematic remarks. As a result of the dispute focusing on whether a specific target was identified and whether the expression had the potential to be spread externally, a not guilty verdict was reached." Reporter Jeong Cheol-wook[View full article] Soldier ‘not guilty’ on charge of insulting superior officer in unit… Court, “There is no performance without referring to a specific person” (Shortcut)

As the U.S. Supreme Court ruled that reciprocal tariffs based on the International Emergency Economic Powers Act (IEEPA) are illegal, the market is raising the possibility of tariff refunds worth about $166 billion. However, despite the possibility of tariff refunds, domestic export companies are often unable to take practical responses due to complicated procedures and the burden of hiring local experts. In particular, while the U.S. Customs and Border Protection (CBP) is expected to operate the refund system (CAPE) around the 20th of this month, The industry's response goes beyond simple refund applications and extends to objections and lawsuits. Myung Jae-ho, a customs expert at Daeryun Law Firm, explained, "If we check in advance key elements such as identifying the refund entity, managing the settlement point, and designing the refund receipt structure, we can sufficiently increase the possibility of a refund." He also added, "We can respond more efficiently by using a domestic law firm that directly cooperates with a local U.S. law firm without an intermediary law firm." He selected 'confirmation of the claimant' as the factor that needs to be checked first. He explained, "About 6,000 companies, or 25% of the approximately 24,000 companies exporting to the United States, are transacting under DDP conditions in which the exporter bears the cost of customs duties, so there is a possibility that they may be eligible for a refund." He added, "We need to check 'who can claim it' before whether a refund is possible," he explained. Tariffs are paid by the importer of the United States (IOR) in customs clearance. Commissioner Myeong explained that there are many cases where it is written down, and in reality, there are many structures that make it difficult for Korean companies to claim refunds directly. In particular, in DDP transactions, cost burden and legal rights are often separated, so he emphasized that it is necessary to first review how the tariff burden and refund rights are established in the contract. He then explained that it is important to manage the schedule before and after 'tariff settlement (Liquidation)' when proceeding with the refund process. Before tariff settlement (Liquidation) Although corrections can be made relatively easily through a post-summary correction (PSC), it becomes difficult to respond if the protest procedure goes through after settlement. Commissioner Myeong reiterated that 'timing management' is most important because it usually takes about 314 days to settle, and objections must be raised within 180 days. Applying for a refund does not mean 'automatic payment'. The U.S. Customs and Border Protection (CBP) presents each procedure based on the taxpayer's application rather than a lump sum automatic refund, and CBP is only an agency that executes refunds and does not have the authority to judge whether customs duties are illegal. Commissioner Myeong added, "For this reason, only part of the refund may be granted or rejected, and in the event of such a dispute, it is likely to lead to a lawsuit in the U.S. Court of International Trade (CIT)." These include securing an import declaration (entry), confirming the schedule for calculating and settling customs duties, and registering an account to receive a refund. Commissioner Myeong said, “Recently, CBP is considering paying refunds only through electronic transfer (ACH),” and added, “If you do not have a US account, a bypass receipt structure through a third-party agent must be prepared in advance.” Furthermore, the customs structure itself is recently changing to the form of ‘basic tariff + additional tariff.’ He also pointed out that companies should keep this in mind. He said, "In the past, a certain level of tariff was applied regardless of whether FTA was applied, but now, with the shift to the 'basic tariff + additional tariff (10%)' structure, the actual burden varies depending on whether or not the FTA is utilized." He added, "Proof of origin is also an important variable. Even if it is domestically produced, if key raw materials are imported, it may be difficult to recognize the origin." Separately, it is important to note that Article 232 of the Trade Expansion Act and Article 301 of the Trade Act, Tariffs, Dumping, and Countervailing Duties (AD/CVD) remain in place. He said, “There is a possibility of introducing additional tariffs based on Section 122 in the future, so there is a need to reorganize the mid- to long-term tariff strategy separately from whether or not to refund.” Lastly, Commissioner Myeong said, “Tariff refund is not a simple cost issue, but a complex area where contract structure, customs clearance method, and dispute response are all connected.” He added, “In practice, there is a possibility that CBP will increase the intensity of response by requesting submission of additional data through information request (Form 28) or delaying refund review. He pointed out, “For companies that are not prepared, the refund process may be prolonged or lead to unfavorable results,” and “It is important to approach strategically in the early stages, as the results vary greatly depending on preparation.” He also added, “Tariff refund lawsuits must be filed within two years, and in this case, around April 2027 is expected to be the final deadline, so now is the best time to prepare a response, as the rights may not be exercised if preparations are delayed. “It’s a point in time,” he added. Eunhye Lee (zhses3@joseilbo.com)[View full article] U.S. tariff refunds need a ‘strategic approach’ rather than a simple cost issue… “Timing for settlement and objection is key” (Shortcut)