Press Coverage

[Reporter Roishu Jin Ga-young] Daeryun Law Firm (Liuhan) announced on the 16th that it had recruited Chief Attorney Gwang-soo Lee (photo, 18th class of Business Training Institute), a former chief prosecutor at the Seoul High Prosecutors' Office. Attorney Lee has worked at Incheon District Prosecutors' Office, Gwangju District Prosecutors' Office, Seoul Eastern District Prosecutors' Office, Busan District Prosecutors' Office, Seoul Central District Prosecutors' Office, Chuncheon District Prosecutors' Office, Daejeon District Prosecutors' Office, and Suwon District Prosecutors' Office, and has handled various cases including public security, environment, public health, cultural assets, intellectual property rights, violent crimes, drugs, real estate, and food. A Daeryun official said, “This lawyer has an international legal sense, having graduated from Seoul National University’s School of Law, earned a master’s degree from Pennsylvania Law School in the United States, and participated as a representative of the Ministry of Justice at the United Nations Narcotics Conference.” He added, “Moreover, he is a veteran with proven skills in the field of prosecution work, having received commendations from the Prosecutor General, the Minister of Justice, and the President.” Representative attorney Byeong-jun Ko said, "In the era of the 4th Industrial Revolution, disputes related to crimes and intellectual property rights using new technologies are continuously increasing. We expect that the capabilities of Daeryun's criminal center will be further strengthened with the addition of attorney Kwang-soo Lee, who is outstanding in the field of intellectual property rights and economic crimes." Meanwhile, Daeryun Law Firm (Liuhan) is a law firm with 29 branches across the country, and operates a center dedicated to each case, including criminal affairs, corporate law, narcotics, military criminal affairs, and intellectual property rights. View full article - Lee Kwang-soo, former chief prosecutor of Seoul High Prosecutors' Office, joins Daeryun Law Firm (Yuhan) as an attorney

[The Power = Reporter Choi Soo-young] Daeryun Law Firm (Lihan) and the Korea Singers Association announced that they have established a strategic cooperative relationship. Last week, Daeryun's representative attorney Byeong-jun Ko and CEO Kim Sang-gon of the Korea Singers Association attended and agreed to exchange information necessary for smooth business performance and mutual exchange and provide appropriate support. The Korean Singers' Association is an organization established to improve the rights and interests of vocalists by making suggestions for the need for education in a situation where the music education field is significantly shrinking, responding to ensure that vocalists receive fair performance fees, and providing guidance at the association level to ensure that copyrights are fully utilized. With the signing of this MOU, Daeryun will provide corporate legal advice and legal counseling support to association members at a time when disputes related to intellectual property rights are increasing. By operating branches across the country, it is expected that members of the Korean Singers Association from all over the country will be able to conveniently receive legal support near their residence or workplace. Representative attorney Byeong-Jun Ko expressed his ambition, saying, “We will provide a wide range of legal support that can be of practical help to association members through Daeryun’s Intellectual Property Center, which specializes in IP-related businesses such as entertainment and music copyright,” and added, “We will fulfill our social responsibility as a large law firm through business agreements with non-profit organizations and legal support.” View full article - Daeryun Law Firm (Lihan) signs MOU with Korea Singers Association

As a bill clarifying the basis for the recovery of nursing care benefits for illegal office-based hospitals passed the Health and Welfare Committee of the National Assembly, in the future, caught office-based hospitals will be able to receive recovery of nursing care benefits in addition to criminal and administrative measures. Previously, even when an office-based hospital was detected, it was difficult to recover medical care benefits due to the lack of provisions in the National Health Insurance Act. However, institutional supplementation was made when the National Health Insurance Act Amendment Bill, which clarifies the basis for recovery of nursing care benefits for illegal office-based hospitals and pharmacy pharmacies, was passed by the National Assembly Health and Welfare Committee in February. An illegal office-based hospital refers to a hospital where a person who cannot open a medical institution rents the name of a medical professional to establish a hospital and hires doctors to operate it, or opens and operates a hospital under the name of another doctor even though he or she is not allowed to operate multiple hospitals. Under the Medical Service Act, the establishment and operation of such a hospital is punishable by imprisonment for up to 10 years or a fine of up to 100 million won, and all medical care benefits received by requesting from the National Health Insurance Corporation during the period of illegal operation are recognized as fraud, and punishment and recovery measures are taken. In addition, the longer the operation period, the higher the chance of being sentenced to imprisonment or higher, and there is a high possibility that doctors hired even after knowing that the hospital in question is an office hospital will have their medical license revoked. Even in the case of service, the charge of aiding and abetting is applied and is subject to criminal punishment and suspension of qualifications for up to one year. According to Article 33, Paragraph 2 of the current Medical Service Act, the qualifications to open a medical institution are strictly limited to medical personnel, and non-medical personnel cannot open a medical institution. The reason the Medical Service Act has such regulations is to establish a sound medical order and prevent risks to public health that may arise when medical institutions are opened for profit. Attorney Kim Eun-young of Daeryun Law Firm (Limited) advised, “If it is recognized as an office-based hospital, the level of punishment under the medical law is very high, and the administrative measures that follow, such as recovery of health insurance nursing benefits and cancellation of doctors’ licenses, are also severe.” He added, “If you worked without knowing that it was an office-based hospital, you must deal with it clearly with the help of a medical lawyer.” Read the full article - A look at the National Assembly's passage of the law on the basis of recovery of nursing care benefits when an illegal office manager hospital is detected, and the amendment to the National Health Insurance Act

[Global Epic Reporter Hwang Seong-su] Medical negligence refers to a violation of a doctor's duty of care during work, which violates the rights of patients and causes damage. If a medical accident occurs due to such negligence, the medical professional involved must be held responsible. Medical practitioners who commit medical negligence are subject to criminal liability (causing manslaughter in the line of duty), civil liability (liability for damages resulting from illegal acts and non-fulfillment of obligations), and administrative liability (revocation of medical license under the Medical Service Act, etc.). First of all, when a medical dispute occurs, a criminal lawsuit can be filed to contest the crime of causing bodily harm, professional negligence, or gross negligence causing bodily harm. However, in the case of such charges, it is relatively difficult because it must be medically and objectively proven whether the responsibility for the disputed medical accident was clearly due to the negligence of the medical professional. In the case of license revocation due to violation of the Medical Service Act, which is an administrative responsibility, it is necessary to determine whether the medical professional's serious remarks and treatment process regarding the medical accident occurred were justified and procedurally correct to determine whether the negligence is at a level worthy of license revocation. Therefore, if a patient is a victim of medical negligence, it is important to hold the two responsibilities above and simultaneously file a civil claim for damages to receive compensation for the damage suffered. At this time, the amount of damages may vary depending on the nature of the medical accident, type of medical institution, relationship with the patient, willingness of the parties to reach an agreement, and acceptance of arbitration by the insurance company. When a medical dispute occurs, basically, if the insurance company's adjuster reviews the accident and determines that there was medical negligence, the dispute is resolved by proposing the amount of damages, obtaining the patient's consent, paying the insurance money, and reaching an agreement. However, if the patient refuses to apply for insurance or does not accept the amount of compensation suggested by the insurance company, a civil lawsuit legal procedure is carried out even if the patient has subscribed to liability insurance. In medical lawsuits for damages in civil cases, physical examination and medical record evaluation procedures are conducted under the supervision of the court. Based on the evaluation results, the medical professional's negligence, percentage of negligence, and causal relationship with the damage are carefully judged, and if there is negligence, the corresponding amount of damages is calculated. Attorney Choi Bo-yoon of Daeryun Law Firm (Limited) advised, “There are ways to resolve the dispute through agreement between the parties or through insurance and mediation procedures, but if it leads to a trial, you must seek legal assistance from a medical lawyer with extensive experience in medical malpractice litigation and thoroughly prepare for the lawsuit to avoid losses due to an unfair ruling.” View full article - In the event of a medical accident due to medical negligence or a dispute over the ratio of negligence, you must prepare for a lawsuit for damages.

‘Burden of proof’ refers to the risk or disadvantage to one party of being treated as if a fact does not exist and being subject to a legal judgment when it is unclear whether a fact that needs to be proven in a lawsuit is true or false. Ordinary people who are not familiar with litigation procedures are bound to face great difficulties and disadvantages due to insufficient evidence collection. Legal professionals also widely recognize that the burden of proof acts as an obstacle to uncovering the truth of a case. In fact, according to the Supreme Court Court Administration's 'Judges' Awareness Survey on the Discovery System Report', 94% of respondents agreed with the statement that 'under the current civil litigation system, the court has difficulty discovering the substantive truth.' The discovery system, which is emerging as an alternative in relation to the burden of proof, which is pointed out as a limitation of the current civil litigation system, is an American legal system that actively searches for evidence possessed by both parties in the litigation law and requires both parties to mutually disclose evidence and documents held by each other before the trial begins. By allowing the other party to submit and confirm the evidence, the issue is clarified without omitting evidence and the facts are properly organized, which shortens the court hearing period and allows the trial process to proceed more efficiently. Although Korea does not implement a discovery system like the United States, there is no change in the fact that it is ultimately important to collect clear evidence first. If clear evidence is collected first, there is an expected effect that the case can be resolved in a short period of time through agreement or mediation between the parties as each party has a clear position on the claims and grounds. Even if the other party denies the evidence and proceeds with the trial, a more reasonable judgment can be made because all the specific evidence is organized and the trial is conducted focusing on objective facts based on it. Attorney Lee Gyeong-min of Daeryun Law Firm (Lihan) advised, “As there are limitations in securing and analyzing evidence for individuals due to the strengthening of the Personal Information Act, it is necessary to seek assistance from a professional lawyer so that evidence can be collected without illegality.” View full article - To reduce damage due to burden of proof, systematic collection of litigation evidence must take precedence.

[Korea Instructor Newspaper Reporter Lee Mi-sook] Diet supplement, anti-aging, joint protection… YouTube is full of recommended products, and Instagram’s realistic experience stories entice you to click ‘buy.’ On TV health information programs, experts such as doctors, pharmacists, and oriental medicine doctors appear and kindly explain the ‘scientific evidence.’ <Current Affairs Planning Window>, together with the Consumer Group, a consumer group, monitored 400 online advertisements for health functional foods and health foods (functional advertisements) sold on five platforms, including Naver, Kakao, Instagram, YouTube, and Coupang. As a result, a whopping 233 cases of unfair advertisements were revealed, excluding those that could not be accurately called unfair advertisements, although they were vague and exaggerated. There were many testimonials that advertised the product as if it were a medicine, exaggerated the functions of the raw materials or products, used false facts, or exaggerated the effects. Company A’s ‘green lipped mussel’ product, which gained popularity as it was known to have joint-protecting properties, advertised pharmaceutical-level therapeutic effects such as treating arthritis, preventing asthma and cardiovascular disease, and alleviating inflammation. Company B's 'Cissus' product, which SNS influencers mobilized, is proudly saying that it not only reduces body fat, but also has benefits such as diabetes prevention, bone health, and pain and inflammation relief when consumed. In advertisements, papers are presented to ‘scientifically’ prove the effectiveness. To what extent can we trust the contents of this paper, which claims to be ‘the latest research results’? The reporters verified several papers used in the advertisement. It was confirmed that only advantageous parts were extracted, that the source was not properly disclosed, and that papers from 25 years ago were claimed to be the latest research results. Additionally, various experiments that can be seen with our own eyes also appear. Chunks of bread or oil may melt, and the oil may separate and float on top of the chicken. You can see the reality of the experiments in <Current Affairs Planning Window - Please Take Care of My Health?>, which makes you look at the experiments with admiration. A TV health information program where doctors, oriental medicine doctors, pharmacists, and experts are concerned about my health and provide solutions to problems. Professor Eunjeong Kim (Kyunghee University Graduate School of Media and Communication) said the health information program is “a large and well-planned advertising strategy.” The reporters, along with experts, analyzed the broadcast contents of 8 health information programs and 24 episodes. How do they shake our hearts and make us open our wallets? You can see how the huge advertisement disguised as a broadcast and the experts such as doctors, oriental medicine doctors, pharmacists, etc. who are mobilized in the advertisement tempt us in the 410th episode of KBS <Current Affairs Planning Window - Please Take Care of My Health?> on March 21st at 10 PM. *'Current Current Affairs' is an investigative reporting program of the Korea Broadcasting Corporation. Planning Intention: This is a current affairs program based on the know-how of investigative reporting and the planning power of authentic documentaries. <Direct Current Affairs> is a program that integrates <60 Minutes Tracking> and was created to respond more quickly to rapidly changing current affairs and plan in-depth investigations. The host (cast) is lawyer Lim Jae-seong. By providing information on various issues, official videos, episode information, etc. are attracting the attention of viewers. View full article - Current affairs planning window, please take care of my health?... Health information program ‘large and well-planned advertising strategy’

[Reporter Roishu Jin Ga-young] Industrial accidents refer to accidents that occur to workers working at industrial sites. Under the Labor Standards Act, a worker refers to a person who provides work to an employer for wages in a business or workplace, in terms of its substance rather than the form of a contract. Generally, when thinking about industrial accidents, it is easy to think of personnel accidents that occur at construction sites or manufacturing plants, but industrial accidents can also occur due to exposure to diseases, even if they are not necessarily due to direct physical factors. Even after retirement, if a worker proves that the disease was caused by the work he or she performed, he or she can be approved as an industrial accident. In Article 37 of the Industrial Accident Compensation Insurance Act, any injury, disease, or death that has a causal relationship with work is considered an occupational accident. The law stipulates occupational accidents, occupational diseases, and commuting accidents as specific types of occupational accidents. Occupational accidents are accidents that occur while workers are performing their work, and include not only accidents that occur while working, but also accidents that occur during company-sponsored events. Occupational diseases refer to diseases caused by handling or exposure to factors that can have a negative impact on the physical health of workers, such as physical factors, chemicals, dust, pathogens, and tasks that place a burden on the body, during the course of work. Attorney Jeong Jun of Daeryun Law Firm (Limited) advised, “For workers who have suffered an industrial accident, they cannot work and have no immediate source of income, so it is important to resolve their livelihood issues through sufficient compensation for the industrial accident. Since it is not easy to prove the facts of an accident or work-related disease, it is necessary to collect evidence and review it carefully with a labor lawyer.” View full article - Occupational accidents of industrial workers must be carefully examined, their types, and whether they are recognized.

[The Power = Reporter Yoo Yeon-soo] As the recent economic downturn continues for a long time and many employers are having difficulty maintaining their businesses, there are increasing cases of workers not receiving proper wages or even being fired. As a result, legal disputes between employers and workers over issues such as unpaid wages and severance pay are increasing. Wages are a means of protecting the minimum right to survival necessary to live in modern society, including monthly utility bills, savings, and living expenses. Therefore, the issue of wage receipt and increase negotiation is bound to be the most sensitive issue for workers. Nevertheless, in reality, payment of wages may be delayed or only a portion of wages may be paid due to worsening company management. In addition, there are many cases where severance pay is not paid on time or wages are paid below the minimum wage. When non-payment of wages does not follow the principles of wage payment according to the Labor Standards Act, workers can first submit a petition for non-payment of wages to the labor office with jurisdiction over the place of business and request a labor supervisor's decision. If overdue wages are confirmed through an investigation of the parties and the facts, the labor inspector can urge the employer to pay the overdue wages, and at this time, the issue of overdue wages can be adjusted through agreement. However, if the employer continues to fail to pay wages despite the labor inspector's request for payment, the employer may be sued for violating the law. At this time, the labor inspector issues a certificate of unpaid wages and helps the worker file a civil lawsuit. If an employer fails to pay wages, criminal punishment will be imposed. The punishment for non-payment of wages is imprisonment for up to 3 years or a fine not exceeding 30 million won, and if the minimum wage law is violated, the punishment is imprisonment for not more than 3 years or a fine not exceeding 20 million won. In addition, if a person is found guilty more than twice for non-payment of wages, etc., or if the total amount of unpaid wages is more than 30 million won, the list will be disclosed as a workplace with non-payment of wages, which will result in a significant disadvantage in maintaining the business and managing the business owner's credit. Kim Gwang-deok, a lawyer at Daeryun Law Firm (Liuhan), advised, "Wage arrears are not a problem that can be resolved by both employers and workers just holding on. If a legal dispute arises, you should seek advice from a labor lawyer and prepare a response to resolve the matter amicably." View full article - Legal action must be taken in the event of labor disputes, such as non-payment of wages and severance pay

[Beyond Post Reporter Shin Kim] Workers face great difficulties in maintaining their livelihood when their employer unilaterally terminates their employment relationship regardless of their will. Therefore, the Labor Standards Act prohibits employers from dismissing workers without justifiable reason, and operates several systems to ensure that workers who have been unfairly dismissed can receive relief. First of all, in order to proceed with a legal dispute on the grounds of unfair dismissal, it is necessary to first determine whether the employee's status is recognized under the law. At this time, under the Labor Standards Act, whether an employee is an employee must be judged based on the substance of the work, not the formal content. The standard may be whether the worker is subordinate to the company and has worked under the company's direction and supervision for a certain period of time. Therefore, even if you are a temporary worker rather than a regular worker, your status as an employee can be recognized if you have renewed your initial employment contract and have continued to work for more than two years. In addition, a person is not excluded from worker status under the Labor Standards Act simply because he or she has been paid an amount after deducting business income tax rather than earned income tax or is not enrolled in the four major insurance policies. If the company takes a dismissal action without considering these factors, it is clearly an unfair dismissal, so it must apply to the local labor committee for relief or even consider legal action such as a lawsuit to cancel unfair dismissal. For relief from the local labor committee, an application must be submitted to the local labor committee located in the location of the workplace where the worker worked. If you wish to file a lawsuit against the decision of the Local Labor Relations Commission, you may apply for an additional review of unfair dismissal at the National Labor Relations Commission. If you are still dissatisfied with the retrial, you must file a lawsuit to cancel unfair dismissal and contest the legitimacy of the dismissal. Attorney Ahn Seung-jin of Daeryun Law Firm said, "If unfair dismissal is recognized, the worker can be reinstated and receive wages not received during the period of dismissal. Therefore, the conflict between workers and companies surrounding unfair dismissal is an issue that places a burden on both parties, so we must consult with a labor lawyer with extensive experience in related cases, sufficiently refer to precedents and legal principles, and then respond logically." View full article - The issue of unfair dismissal, which is a burden on both the company and the worker, must be thoroughly reviewed by law first

Daeryun Law Firm (Yuhan) announced on the 6th that it had hired senior attorney Seong-wook Seong, a former prosecutor at the Incheon District Prosecutors' Office. He graduated from law school at the top of his class. After being appointed as a prosecutor, he served as a prosecutor at Jeonju Prosecutor's Office, Suwon Ansan Branch, and Incheon District Prosecutors' Office, and was in charge of various criminal cases, including violent crimes, traffic accidents, school violence, and juvenile crimes. Representative attorney Shim Jae-guk said, “In the current situation where the flow of case processing procedures, including the adjustment of investigative authority, is rapidly changing, we are expecting that Attorney Seong-wook Seong, who joined Daeryun right after his retirement on the 24th of last month, will respond more quickly and flexibly to changes in investigation methods.” He added, “With the addition of Attorney Seong, we expect that the capabilities of the criminal team in charge of juvenile crimes, drugs, and sex crimes, which are continuously increasing, will be further strengthened.” An official from Daeryun Law Firm (Lihan) said, "Criminal cases require a careful response from the initial investigation stage. According to the judiciary's analysis of military honors, the rate of probation for former lawyers is twice that of general lawyers," and added, "We are continuously recruiting lawyers from courts and prosecutors to provide clients with professional assistance from the investigation stage to the court stage." Meanwhile, Daeryun is a law firm that recently opened its Busan West Office in Gangseo-gu, Busan and operates 29 offices across the country. It also operates a dedicated center for each case, including corporate law, tax, and military criminal affairs. View full article - ‘Daeryun Law Firm (Lihan)’ joins lawyer Seong-wook Seong, a former prosecutor, strengthening criminal case capabilities