Press Coverage

[Big Data News Reporter Kyung-ho Park] Recently, as the number of students who have been victims of online school violence suffer from depression or make extreme choices, increasing, cyberbullying is being treated as one of the types of school violence. Cyber ​​school bullying occurs online and in cyberspace. Cyber ​​school bullying occurs when a victim of bullying within school is subjected to cyber bullying through social media such as Instagram even after leaving school. This kind of cyberbullying includes saying specific words that defame the other person, spreading such content on the Internet, etc., continuously saying insulting terms that disparage the other person in front of many people, or spreading such content on the Internet, etc. As the penetration rate of smart devices increases and non-face-to-face communication increases, the frequency and severity of cyber school bullying incidents are increasing. The victims' suffering is so severe that it goes beyond imagination, and cases of them suffering from depression are not uncommon. Because it takes place in cyberspace, you can suffer group violence by an unspecified number of people regardless of time or place. In addition to simple psychological damage, you can also suffer financial damage such as asking for gifticons or extorting the victim's data. In addition, unlike typical face-to-face school violence, it is carried out quite intelligently and cleverly so that it is difficult for parents or acquaintances to notice. If the one-sided harassment by the perpetrators continues, it is necessary to take legal action without delaying too long. Therefore, if you are a victim of cyber school bullying, it is important to secure evidence to prove the fact of the damage, so it is a good idea to leave concrete data such as recording the damage, leaving a conversation history, and writing about the damage in a diary. Attorney Jeong Sang-eui of Daeryun Law Firm (Lihan) advised, “Parents should carefully examine their children if they suspect that they have been victims of school violence, as the damage caused by cyber school violence is not easily apparent on the outside, so children often suffer for a long time and the wounds become deeper.” He added, “The recognition of school violence and the level of action taken can vary depending on how you respond to school violence, so it is essential to respond systematically through consultation with a lawyer specializing in school violence with extensive experience in school violence cases.” View full article - If you are a victim of cyber school violence, it is important to secure evidence to prove the damage.

[Global Epic Reporter Hwang Seong-su] Recently, insurance fraud by those who intentionally cause traffic accidents for insurance money is causing social repercussions. Insurance fraud is the act of deliberately causing an accident or manipulating information to deceive an insurance company and obtain insurance money. It occurs in various forms, such as disguising it as a traffic accident and receiving a large amount of insurance money, or pretending that an insured accident occurred even though it did not occur. In order to receive as much insurance money as possible, the extent of damage is exaggerated by inflating car repair estimates, colluding with doctors to increase the degree of injury or disability level, and intentionally staying in the hospital for a long period of time. Insurance fraud is subject to criminal punishment, and if you deceive an insurance company and claim insurance money, you are also guilty of insurance fraud. Insurance fraud is punishable by imprisonment for up to 10 years or a fine of up to 50 million won in accordance with the ‘Special Act on Prevention of Insurance Fraud’. If the amount of profit from insurance fraud is more than 500 million won or if you are judged to be a habitual offender, you will be subject to severe punishment and may be subject to disadvantages such as restrictions on employment. Additionally, even if the fraud is discovered and the attempt is made without receiving the insurance money, punishment cannot be avoided. Due to the rapid increase in insurance fraud crimes, there are frequent cases where innocent accident victims or policyholders are accused of insurance fraud because the insurance money is large or the number of insurance claims is high. Attorney Park Shin-young of Daeryun Law Firm (Lihan) said, “During the investigation process to detect insurance fraud, there are many cases where medical professionals or patients who did not commit any illegal acts are charged or punished simply based on suspicious circumstances.” He added, “As the issue of insurance fraud has emerged, including the arrest of a group of insurance fraudsters worth hundreds of millions of dollars, the level of punishment has increased and insurance companies are forming teams to respond, so if you are unfairly suspected of insurance fraud, you must seek the help of an insurance lawyer and a traffic accident lawyer from the beginning of the case and respond proactively to avoid unfair punishment.” View full article - If you are unfairly suspected of traffic accident insurance fraud, you must respond immediately

[The Indigo = Editor-in-Chief Lee Yong-seok] In the future, the role of disability rights advocacy organizations, support centers for people with developmental disabilities, and organizations for the disabled to protect the rights and interests of people with disabilities who have been victims of abuse or crime is expected to increase. On the 9th, major media outlets, including the Kyunghyang Shinmun, reported on the use of the 'designated accuser system' for the first time in history to punish the intellectually disabled woman A's brother-in-law B for obvious crimes, including stealing the husband's death insurance money. The incident is a typical crime of stealing property between relatives targeting people with developmental disabilities such as intellectual disabilities. When his brother died, Mr. B received the death insurance money of 235 million won on behalf of his sister-in-law, Mr. A, and changed Mr. A's house into his own name. The Jeonbuk Disability Rights Advocacy Agency, which was aware of this crime, requested an investigation from the police in January of last year. When the investigation began, Mr. B submitted a non-punishment application to the police, requesting that the investigation be stopped immediately as it was an internal family matter. They advocated the so-called relative mourning ceremony, which exempts them from punishment for crimes committed between relatives as stipulated in Article 328 of the Criminal Act. In order to punish crimes between relatives, there had to be a complaint from Mr. A as it was a ‘crime of pro-crime’ in which the victim had to file a complaint directly, but since Mr. A personally signed a non-punishment application form, the case seemed to be concluded with ‘no right to prosecute’. However, on the 24th of last month, Mr. B was indicted on charges of embezzlement, false entry in electronic records, and conspiracy. Prosecutor Jin Dong-hwa of Jeonju Prosecutor's Office, Jeongeup Branch, the prosecutor in charge, played a significant role until these results were obtained. First, Prosecutor Jin began a re-investigation to clearly confirm Mr. A’s ‘intent to punish’, who was unable to even recognize his own damage due to his intellectual disability even though the damage was clear, and finally obtained an answer from Mr. A that said, “I hope Mr. B, his brother-in-law, gets scolded.” After confirming the victim's intention to punish, Prosecutor Jin immediately set out to find the 'interested persons' defined in the 'designated accuser system'. Mr. C, the son of Mr. A, was considered, but since he had already withdrawn his intention to punish his uncle, there was a high probability that he would have received financial support from his uncle, Mr. B, and local facilities for the disabled were also excluded because they had a relationship with Mr. B. In the end, Prosecutor Jin applied for designation as a complainant, naming the Jeonbuk Disabled Persons Rights Advocacy Agency, which had initially requested this case, as a “interested party,” and when the application for designation was approved, he had the Jeonbuk Disability Rights Advocacy Agency appoint a public defender. In addition, a public defender was designated as the complainant, a formal complaint was submitted, and Mr. B was able to be sent to trial. Regarding this case, lawyer Choi Bo-yoon of Daeryun Law Firm said, “In general crimes, a complaint is simply a clue to the investigation, but in pro-reporting crimes, a complaint is required for the case to progress.” He added, “The ‘designated accuser system’ is a case in which a accuser is designated only upon the application of an ‘interested person’ in cases where ‘there is no one to file a complaint’ for pro-reporting crimes, and ‘in cases where there is no person with the right to file a complaint (relatives, etc.) as specified in the law, or for example, a legal representative such as the victim’s parents is the perpetrator. “It is possible to use it in some cases.” “However, there may be concerns about the scope of ‘interested persons,’ but it appears that it will be interpreted broadly, and in particular, in this case, as it has become a precedent for the disability rights advocacy organization, which is the reporting organization, to be an interested party, it seems that those who are required to report under Article 15 of the Developmental Disabilities Act or the Developmental Disabilities Support Center will also need to actively take action by establishing a response system for pro-reporting crimes.” Although the Welfare of Persons with Disabilities Act has been revised and implemented in 2021 to stipulate that the Relative Funeral Ceremony will not be applied to crimes of abuse of persons with disabilities, the opinion is that active use of the ‘designated accuser system’ is necessary as crimes that occurred before the revision of the law are still subject to the crime of pro-reporting. In addition, through this case, organizations for the disabled, such as disability rights advocacy organizations, can apply for designation as plaintiffs as 'interested parties', so if related organizations or institutions take an active role, it is expected that a significant amount of damage relief will be provided to disabled people who have suffered from property extortion by relatives and whose legal rights were restricted due to being blocked by the Relative Funeral Service. View full article - Crimes related to mourning relatives for people with developmental disabilities can now be punished through the ‘designated accuser system’

Recently, industrial accidents at companies have occurred frequently in Korea, and related legal disputes have arisen. Safety accidents that occur at industrial sites are legally handled by the Product Liability Act and the Serious Accident Punishment Act. If a consumer consumes a product made by a company and casualties occur, the Serious Accident Punishment Act can be applied. For example, if consumers who consume dumplings produced by a company suffer from mass food poisoning, a product defect is recognized even if the product has received the government's Food Safety Management Certification Standard (HACCP). The Serious Accident Punishment Act defines disasters caused by defects in raw materials, manufactured products, public facilities, and public transportation as serious civil disasters, and punishes those responsible for management when casualties occur. Products referred to in this law include automobiles, food, and pharmaceuticals. In relation to this, the company will defend itself by citing reasons for exemption as provided for in the Product Liability Act. The Product Liability Act, which was enacted to protect victims from damages caused by product defects, stipulates in Article 4, Paragraph 3 that manufacturers are exempt from liability if they prove that a product defect occurred by complying with the standards set by the laws at the time the manufacturer supplied the product. However, there are cases where the Serious Accident Punishment Act is applied even if it falls under exemption under the Product Liability Act. For example, if a consumer dies due to an accident involving a defective automobile part, the consumer may be exempted from liability under the Product Liability Act, but in some cases, the Serious Accident Punishment Act may apply. In this way, legal disputes and authoritative interpretations related to the Product Liability Act and the Serious Accident Punishment Act are emerging as major social problems. The Serious Accident Punishment Act is a means of disaster prevention and was created to eliminate insensitivity to safety in industrial sites and move toward becoming an industrial safety powerhouse, and has a strong character as a special law for the punishment provisions of the Criminal Act and the Occupational Safety and Health Act. Attorney Jeong Jae-bong of Daeryun Law Firm (Limited) advised, “In order to be excluded from the provisions of the Serious Accident Punishment Act, a company’s response strategy must prove that it was unable to prevent an accident despite fulfilling its obligations to ensure safety and health, or that it was unable to control risk factors beyond the scope of the business owner’s control.” He added, “As it is in the early stages of enforcement of the law, it is advisable to receive legal advice from a corporate legal lawyer with a high understanding of related cases.” View full article - What is the strategy for responding to the increasing legal disputes related to the Product Liability Act and the Serious Accident Punishment Act... and corporate lawsuits?

[Beyond Post Reporter Kim Shin] Traffic accidents can happen to anyone, but when a traffic accident occurs and you suffer damage, there are many issues that need to be considered in the midst of the chaos. Among them, there are frequent cases of disputes over the percentage of fault between the perpetrator and the victim. It is important to note that there are cases where insurance companies excessively reduce their fault ratio to reduce the settlement amount, and it is necessary to consider all factors rather than hastily deciding on the settlement amount. At this time, if there is a difference of opinion on the percentage of fault and no agreement can be reached, a lawsuit must be filed to claim reasonable compensation. The key to compensating for traffic accident damages is to accurately determine medical expenses, including future medical expenses, and decide whether or not to file a lawsuit. In civil cases, damages are divided into active damages, passive damages, and alimony. Active damages include hospital treatment, hospitalization, nursing, funeral expenses, etc., while passive damages include future income that could have been earned if the accident had not occurred. In addition to salary income and business income, compensation varies depending on whether it is difficult to prove income, unemployed people, housewives, etc., so a strategy must be established to ensure that appropriate compensation is received within the established standards. Compensation for damages must be filed within the statute of limitations to claim and prove damages for each item. Once the judgment is confirmed, it can no longer be reversed, so it must be proceeded with caution. Attorney Hyun Byeong-hee of Daeryun Law Firm (Limited) advised, “When claiming compensation for traffic accident damages, it is necessary to clearly prove the facts about how the incident occurred, the percentage of fault, and the cause of the accident, so there are limits to the ability of the general public to make various legal judgments necessary from settlement to litigation.” He added, “It is better to respond with the help of a traffic accident lawyer who has handled a variety of traffic accident cases.” View full article - If you are experiencing a dispute over traffic accident damages or negligence ratio, consider filing a lawsuit

Full text of media reports on common-law divorce[Reporter Roishu Jin Ga-young] Recently, many young couples are living together without delaying or not registering their marriage at all. This means living without registering a legal marriage in order to avoid being overly tied to each other, and these couples are defined as common-law couples. Common-law couples do not receive legal protection based on legal marriage, such as inheritance rights, because they have not registered their marriage as stipulated by law. However, if they prove that they were in a common-law marriage relationship and not simply cohabitation, they can file a lawsuit during the separation process. Common-law couples can dissolve their relationship by agreement of the parties or by one party's expression of intent without the legal procedure of divorce. However, if the relationship is terminated due to obvious reasons such as infidelity, the other party can be held responsible for the dissolution of the marriage. Therefore, even in a common-law marriage, if the marriage is dissolved due to the other party's infidelity, a lawsuit for alimony can be filed against the other party. Additionally, in the process of dissolving a common-law marriage, you can request property division from the other party, just like a legal marriage. If a couple dissolving a common-law marriage has children, custody and parental rights can be determined through agreement between the parties or may be designated by the court, and the custodian can also request child support. However, in all of these matters, you must be able to prove that you and the other person were in a ‘common-law relationship’ rather than simply living together. In order for a common-law divorce to be recognized, the reality of the marriage must exist to the extent that the common life of the couple can be recognized according to social norms. For example, documents proving that two people have been living together at the same address for a long period of time and documents proving that they have formed an economic community are required. Attorney Jeong Sang-ui of Daeryun Law Firm advised, “As common-law marriages require objective proof of common-law marriage even if there is a clear cause of fault, such as a spouse’s infidelity, it is necessary to get legal help from a divorce lawyer and systematically collect evidence to prepare for litigation.” View full article - Increasing number of couples do not register their marriage... Can claim alimony and property division in case of common-law divorceIs it possible to divorce without registering the marriage?Divorce is impossible without registering the marriage. Divorce is the process of dissolving a legal marriage, but in the case of a common-law marriage, there is no legal relationship to dissolve because it is not a marital relationship under the law. If you are not legally married, there is no need to go through divorce proceedings. You can end your relationship naturally through separation, etc., without going through procedures such as divorce.Is it possible to claim property division in a common-law marriage?Even in the case of a common-law divorce that dissolves the relationship without registering the marriage, a claim for property division is possible. If one party is responsible for leading to an irreparable relationship, the other party may claim alimony. However, you must be able to prove a ‘de facto marriage relationship’ equivalent to a legal marriage relationship, not a simple cohabitation relationship. If you have had a wedding, you can use wedding invitations or wedding photos as evidence to prove your marital relationship. Even if you have not had a wedding, you can support your marital relationship through interactions between the two families and testimony that acquaintances recognized them as a couple.Are you considering filing a common-law divorce lawsuit?Unlike a legal marriage, a common-law marriage must first prove the marital relationship. Since faster preparation is needed, we recommend that you receive legal assistance, such as consultation with a divorce lawyer, to protect your legal rights.

[The Power = Reporter Yoo Yeon-soo] Amid the recent economic downturn, many people are suffering great losses by being involved in financial crimes such as investment fraud and embezzlement. Fraud is a crime under criminal law that involves deceiving someone to receive property or obtain financial gain. The crime of embezzlement refers to the act of a person who keeps another person's property using the property for personal use or refusing to return it. Investment fraud is mainly a method of promising to multiply the investment amount by using stocks or coins as bait, or guaranteeing high returns by doubling the investment amount because there is a promising new business item. The most important factor in establishing a ‘crime of fraud’ is proving ‘an act of deception’, that is, intentional deception. Therefore, the core basis for admitting the fraud charge is not simply that investors did not receive their investment money back, but that there was no possibility of profit due to the business structure in the first place, and that the investment money was intentionally attracted and then used arbitrarily. Typical acts of deception include cases where an agreement is made to distribute a certain amount of profits as profits instead of using the investment funds for a specific purpose, cases where it is impossible to generate profits due to the business structure, falsification of documents to make it appear that the investment funds and profits have been performed, and cases where the investment funds are used for purposes other than investment. These are easy to prove as embezzlement by simply checking the flow of the investment funds. Basically, fraud is punishable by up to 10 years in prison or a fine of up to 20 million won under the criminal law, but the larger the amount of profit obtained, the more severe the punishment. In accordance with the Act on the Aggravated Punishment of Specific Economic Crimes, if the amount of gain through fraud is 500 million won or more but less than 5 billion won, the person is punished by imprisonment for a fixed term of 3 years or more, and if the amount of gain through fraud is more than 5 billion won, the person is punished by imprisonment of 5 years or more or life imprisonment. Attorney Lee Il-kwon of Daeryun Law Firm (Limited) said, “For investment-related fraud, it is necessary to objectively reveal with evidence what part is deception, what the resulting damage is, and what is the causal relationship between deception and damage, etc.” He added, “From the process of attracting investors and investment money to the actual investment, it is necessary to carefully understand whether the requirements for fraud are met and then devise a specific strategy, so a criminal and financial lawyer with extensive experience in fraud cases is required. “We must receive assistance to prove fraud damage and minimize damage to investment funds,” he advised. View full article - If you are involved in a criminal case such as financial investment fraud or embezzlement using investment funds arbitrarily

[Big Data News Reporter Kyung-ho Park] Unlike general society, the military is a society with strict hierarchy and hierarchy, so laws such as the Military Criminal Act are set aside and first trials are conducted in military courts. The special nature of the military can sometimes be controversial as it violates individual rights. Military sex crimes are organized around a closed and coercive hierarchical culture, and there is a high possibility of secondary victimization from superiors and other organizations when reporting damage. Therefore, there were many cases where victims of sexual crimes were covered up for fear of secondary victimization and additional damage. In order to improve these limitations, the military is also revising related laws and treating sexual crimes between soldiers seriously under the Military Criminal Act. While the general criminal law imposes a fixed-term prison sentence of three years or more on those who rape, those who rape soldiers, etc. under the Military Criminal Act are subject to a fixed-term prison sentence of more than five years. In this way, unlike civilian cases, military criminal cases of sexual crimes carry a higher level of statutory punishment, and the investigation and investigative process proceeds in a similar manner to general criminal cases. However, the intensity or direction of the investigation may also vary depending on various factors such as facts, rank, and whether it occurred within the military. If you are involved in a military criminal case, depending on the results of the criminal action, it may lead to administrative action or civil litigation. In general, the perpetrator is often from the upper class and the victim is from the lower class, which clearly shows the characteristics of sexual crimes in the military where criminal damage is inflicted on subordinates using their status as superiors. Unlike civilian sex crimes, when a soldier is referred to a military court and punished under military criminal law, he or she is subject to military disciplinary action in addition to imprisonment. There are a variety of dispositions ranging from military reprimands and pay cuts to rank demotion and suspension, and dismissal and dismissal that result in deprivation of military status. Attorney Kim Geun-soo of Daeryun Law Firm advised, “If you are wrongfully accused of a military sex crime, it is important to secure early evidence and set the direction of your statement, so you should work with a professional lawyer to secure as much evidence as possible as early as possible and prepare how to make a statement about the case.” View full article - If you have been wrongfully implicated in a military sexual crime, early response is important.

[Global Epic Reporter Hwang Seong-su] Drunk driving is the act of driving a vehicle or other means of transportation under the Road Traffic Act while intoxicated, which can threaten not only the driver's life but also the lives of others. In particular, if you injure or cause death to another person, you will be subject to strong punishment under the Road Traffic Act. In addition to having your license revoked, you may be subject to additional charges of causing death by dangerous driving under the Special Price Act and may be subject to aggravated punishment. As such, drunk driving is clearly an illegal act under the Road Traffic Act, and if it causes casualties, it must be punishable. The Road Traffic Act stipulates that if the blood alcohol concentration exceeds 0.03%, a person is subject to criminal punishment, and the level of punishment for drunk driving crimes is becoming increasingly strict. However, there are exceptions to license revocation, which is an administrative measure separate from criminal measures. This is a case where the act of driving itself is an important means of making a living. Anyone working in the transportation industry, such as a bus driver, taxi driver, or truck driver, can apply for relief from the administrative disposition of license revocation. In this case, the procedures and requirements of the legal system, such as objections and administrative trials, must be carefully reviewed. Among these, objections must be filed with the local police agency having jurisdiction over the driver's license within 60 days from the date of cancellation of the driver's license. You must meet certain conditions to apply: your blood alcohol content must be less than 0.1%, and you must not have had a drunk driving traffic accident, failed a breathalyzer test, or run away within 5 years. Attorney Choi Jeong-woon of Daeryun Law Firm (Liuhan) advised, “As the requirements for reissuing a license have become more stringent if you have a history of drunk driving, it is essential for those whose transportation business is a means of making a living to prepare with an administrative lawyer for relief measures such as revocation of a drunk driving license suspension.” View full article - Even drivers who make a living are inevitably subject to drunk driving and license suspension/revocation

[Beyond Post Reporter Kim Hyeong-un] Public officials who work for the country and the people may be subject to disciplinary action if they violate laws such as the National Civil Service Act, violate their official duties, neglect their duties, or damage their face or prestige regardless of their relationship to their duties. Public officials who handle the affairs of the state or local governments are a type of public figure who has various obligations as servants to the people. If an individual commits a private or public act that damages the prestige of the entire civil service organization, he or she will be subject to disciplinary action taking into account the type and level of the misconduct. When a public official or teacher commits a mistake, he or she undergoes an internal inspection and audit, is referred to the disciplinary committee, and disciplinary action is taken accordingly. At this time, if the disciplinary action is deemed unfair or excessive, he or she can apply for an appeal review to cancel or change the disciplinary action and restore his or her legitimate rights and interests. At this time, the appeal review is an administrative trial system that applies judicial procedures mutatis mutandis and is conducted in accordance with trial procedures such as the structure of the parties' trial and evidence investigation, so in order to obtain the desired result, the applicant must prove that the disciplinary action is unfair. In addition, a prompt response is also important, and in order for the claim to be reviewed, it must be submitted within 30 days from the date of receiving the explanation of reasons for disposition. In order to obtain a reduction or cancellation of the disciplinary action, the application for appeal review must be carefully prepared and submitted based on the legal basis as to why the disciplinary action is illegal or unfair. In the case of appeal review for confirmation of invalidity, there is no limitation on the appeal period, but there is no change in the fact that a quick response is necessary as it is rare for a defect to be recognized only when it is clearly serious and the conditions for invalidity are established. In particular, the citation rate for claimants at the Appeals Review Committee is relatively low, so when proceeding with an appeal against a disciplinary action, it is necessary to thoroughly prepare from the time the disciplinary action is taken to find sufficient grounds for cancellation or reduction of disciplinary action and request an appeal review. Attorney Kim Geun-soo of Daeryun Law Firm (Liuhan) advised, “In order to avoid being dismissed for not being able to sufficiently prove the unfairness of the disciplinary action when conducting a civil service appeal review due to an unfair disciplinary action, you should seek the help of an administrative lawyer as professional legal assistance, such as collecting evidence and arguing effective legal principles, is essential.” He added, "There is no need to give up just because the Appeal Review Committee did not provide relief because the review standards of the Appeals Review Committee and the court's standards are different. Even if the appeal was dismissed, one way is to obtain a favorable ruling from the court through an administrative lawsuit." View full article - If a disciplinary action against a public official is unfair, it can be canceled or changed through an appeal review.