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Press Coverage

Numerous media outlets recognize the expertise of Daeryun Law LLC.
Explore interviews, legal commentary, and columns by Daeryun lawyers.

Tax Daily
2022-04-27
음주측정거부, 음주운전보다 처벌 가볍지 않아
Refusal to take a breathalyzer test is not a lighter punishment than drunk driving.
Most drivers lie or refuse to take a breathalyzer test because they are afraid of being criminally punished when they are caught driving under the influence of alcohol. However, the penalty for refusing a breathalyzer test is quite severe, with imprisonment of up to 5 years or a fine of up to 20 million won, so if you make a mistake, you may receive a more severe punishment than if you admit to drunk driving and reflect on it. Drivers must comply with the breathalyzer request, and if they refuse to take a breathalyzer test without any good reason, they will be arrested and punished for refusing a breathalyzer test. Refusal to take a breathalyzer test is not established just because you refuse a police officer's request once. Police officers are required to request a breathalyzer test at least three times at five-minute intervals, and can only be punished for refusing a breathalyzer test when these requests are refused more than three times. Nevertheless, if you refuse a breathalyzer test, if you have a strong will to reflect and there is a need for relief from license revocation or mitigation of punishment, you can seek help from a legal expert. According to criminal lawyer Shim Jae-guk of the Daeryun Law Firm, in fact, not long ago, Mr. A stopped by a store while driving home after drinking. Since the store was close to my house, after running errands, I drove from the store on my own and was subject to a DUI test. Mr. A, who had a record of drunk driving in the past and wanted to avoid the test, was at risk of being punished for refusing a breathalyzer test, so he decided to get help from a criminal lawyer. Daeryun Law Firm said that the client used a designated driver after drinking alcohol with the will not to get behind the wheel while drunk, that the client sent the designated driver away from the store in front of the house, stopped by the store, and drove only the short distance to the house on his own. He had a history of drunk driving in the past, so he reflexively refused the breathalyzer test out of fear of punishment. In fact, he is reflecting on all of these facts, and considering the fact that he has been visiting the Addiction Management Integrated Support Center and providing psychological counseling several times to prevent reoffending, the fact that the livelihood of his dependents is at risk when the defendant is detained, and the fact that the vehicle was disposed of after the accident, he appealed for maximum leniency within the law and was able to receive a suspended sentence. Recently, professional response at each stage of investigation, including the adjustment of investigative powers by the prosecution and police, is becoming more important. Daeryun Law Firm “Drunk driving is of course an action that should not be done, and refusing to be measured is also difficult to avoid punishment, but in unavoidable cases, it may be helpful to seek advice from a criminal lawyer to reduce punishment,” he explained. Criminal lawyer Shim Jae-guk said, “We plan to provide realistic and sharp interpretation of the law through an experienced chief prosecutor, attorneys from former departments, and advisors from police departments.” He continued, “Lawyers from former departments will play the leading roles in the criminal center and its departments.” “We expect that we will be able to further increase our overall business capabilities,” he added. Meanwhile, Daeryun Law Firm operates 21 branches across the country, including Cheongju, Jinju, Chuncheon, Jeonju, and Cheonan. View article text - http://www.joseilbo.com/news/htmls/2022/04/20220427453076.html
Tax Daily
2022-03-10
법무법인 대륜, 부장검사 출신 김근수 변호사 영입
Daeryun Law Firm recruits attorney Kim Geun-soo, former chief prosecutor
Daeryun Law Firm announced on the 7th that it has additionally recruited attorney Kim Geun-soo, a former chief prosecutor of the Busan District Prosecutors' Office. Considering the fact that professional response at each stage of investigation, including the coordination of investigative authority by the prosecution and police, has recently become more important, Daeryun Law Firm decided to recruit Attorney Kim to strengthen the expertise of the Criminal Investigation Center. It is expected that the joining of lawyers from previous departments will enable a thorough response to various criminal lawsuits. Attorney Kim, who graduated from Seoul National University Law School, was appointed as a prosecutor at the Seoul District Prosecutors' Office and worked at the Seoul District Prosecutors' Office and the Gwangju High Prosecutors' Office as the chief prosecutor of the 5th and 3rd criminal divisions of the Seoul Eastern District Prosecutors' Office and the chief prosecutor of the 1st criminal division of the Busan District Prosecutors' Office. Shim Jae-guk, representative attorney of Daeryun Law Firm, said, "The recruitment of experienced lawyers this year is to strengthen the criminal center. “With the recruitment of lawyers who were former deputy chiefs and chief prosecutors with ample practical experience, we have been able to further strengthen our expertise and ability to respond to criminal cases,” he explained. “We plan to provide realistic and sharp legal interpretations by leveraging the experiences of lawyers who were former deputy chiefs and chief prosecutors and police expert committee members.” He added, “We expect that lawyers from previous departments will play a leading role in further enhancing the criminal task center and other overall work capabilities.” Daeryun operates 20 offices across the country, including Seoul, Busan, Suwon, Cheonan, and Jeju. View full article - http://www.joseilbo.com/news/htmls/2022/03/20220307448270.html
Media Fine
2022-02-28
 미성년자 의제강간 무조건 처벌, 10대 청소년 범죄도 주의
Unconditional punishment for false rape of minors, caution against crimes committed by teenagers
As violent crimes targeting vulnerable children and adolescents and runaway teenagers continue to occur, it is emerging as a social problem. Experts also point out that the problems of sexual exploitation of runaway youths who have nowhere to go, juvenile offenders, and criminal juveniles are also serious. There are increasing cases of teenagers exposed to crime-ridden areas boldly committing heinous crimes and abusing their status as minors. Among criminal crimes, sexual exploitation of minors and sexual crimes are serious. Examples include cases where a teenager was arrested for illegally filming a colleague with a cigarette, or was arrested for molesting or sexually assaulting a school classmate. Even if the perpetrator is young and falls under a juvenile protection case, if the case is serious, they are not only arrested but also punished under the criminal law rather than the family court. According to the current law, if you are under the age of 14 to 19, you are criminally responsible and can be subject to criminal procedures and punishment depending on the seriousness of the crime. Even if it is your first offense, it can lead to a prison sentence, so you should not take juvenile crimes lightly and actively deal with them. Caution must also be taken in cases where adults over the age of 19 request sexual exploitation or prostitution from minors. If a person engages in sexual intercourse under the pretext of protection, he or she may be punished as false rape of a minor. According to the Criminal Act, if an adult consensually engages in sexual intercourse with a minor under the age of 16, he or she shall be punished equivalent to the crime of rape. Unlike general rape, rape of a minor is a crime regardless of assault, threats, or consent of the victim. Same as rape, you can be sentenced to 3 years or more in prison. If it is found to be rape rather than constructive rape, the sentence may be more severe. According to the current Supreme Court 2021 Sentencing Guidelines, the sentence for constructive rape against a person under the age of 13 is more than 8 years. If there was sexual intercourse, the sentence applied may vary depending on the circumstances of the crime and the age of the victim, but in most cases, measures are needed as sex offender security measures are imposed along with imprisonment. Our laws do not broadly recognize the sexual freedom of minors. Rape, which involves sexual exploitation of young people who need to be socially protected, or even involves assault or intimidation, is subject to more severe punishment than general criminal crimes, such as imprisonment for life or more than 5 years under the Child and Adolescent Sexual Protection Act. If there are unfair aspects of the facts, legal assistance from a criminal lawyer may be needed for the related case rather than stating that it was consensual. (Daeryun Law Firm Chanwoo Jeong) Lawyer) View article text - http://mediafine.co.kr/news/articleView.html?idxno=12348
Maeil Business Newspaper
2021-11-04
제이세라 "수면제 먹고 잠든 상태서 성범죄 당해, 법적대응"
J. Sera "I was sexually assaulted while asleep after taking sleeping pills, taking legal action"
Singer J. Sera (33) has taken legal action, directly refuting Mr. A's claim that he threatened to falsely report sexual assault. J-Sera's legal representative, lawyer Choi Yi-seon of Daeryun Law Firm, said in an official statement on the 3rd, "J-Sera was sexually assaulted by the other party while asleep after taking sleeping pills on the night of August 16, 2021. After the incident, the other party continued to confess his love to J-Sera and said that he truly liked J-Sera. It is true that he behaved as if nothing had happened.” However, Mr. A later boasted that he had sexual contact with J. Sera, and J. Sera, who was angry, asked, “How can you rape me while I was asleep after taking sleeping pills, and then brag about it to people around you?” Attorney Choi explained, “When J. Sera said to the other person, ‘You knew that I took sleeping pills, but that was rape,’ the other person said, ‘I took sleeping pills. He said, "I didn't know at the time, and I found out a few days later," as if he was avoiding responsibility, and said, "The recording file on YouTube was arbitrarily edited by the other party, and J-Sera has the original and plans to submit it to the investigative agency." In addition, regarding the claim that J-Sera called Mr. “It was made clear that the purpose of the invitation to the lodging establishment was ‘a gathering of various influencers for video filming,’ but the other party maliciously edited the contents and made false claims as if J. Sera had booked the lodging establishment and approached the other party with sexual intentions.” He also explained, “As Sera Music is a small private agency, it uses J. Sera’s home as an office for company-related meetings, etc., so acquaintances and employees must frequently visit the house for work. People knew the password to the house, and the other party was fully aware of this fact. Therefore, it is also a one-sided claim by the other party to interpret the invitation to the house as sexual intent. Attorney Choi hinted at legal response, saying, “We have carefully reviewed the evidence and legal principles of this case, and have confirmed the evidence and a satisfactory explanation for the parts you are curious about, and will file a complaint against the other party for quasi-forcible harassment and defamation and proceed with due legal procedures.” A post titled ‘I am being threatened by famous singer J’ was posted on the community. According to the post, Mr. A, who became close with J while working with him, later engaged in skinship at J’s house and when J confessed to him, he rejected it. Afterwards, J suddenly claimed that he had been ‘sexually assaulted’ and started swearing and threatening her. As evidence for this, Mr. A also revealed some of the KakaoTalk conversation messages he shared with J. The conversation contained content in which J conveyed his friendliness to Mr. A and told her his home password, etc. J-Sera, who was later identified as Miss J, said on the 30th of the same month, "He is not my ideal type at all and I have never felt attracted to her, so he tried to inflict this kind of damage on me, who refused to confess to me, so I feel even more hurt and I feel sorry for him." He said, "I plan to respond to matters related to defamation." J-Sera, who debuted with 'Lonely Night', released songs such as 'I Don't Have Me', 'Fever', and 'I Love You'. In addition, she participated in the OST of many dramas such as 'A Woman's Secret', 'Shine Eunsu', 'Summer, Please Take Care of Me', and 'Elegant Mother and Daughter'. View full article - https://news.naver.com/main/read.naver?mode=LSD∣=sec&sid1=001&oid=009&aid=0004874057
Maeil Business Newspaper
2021-10-27
2억 받아간 현금수거책에 집행유예?... 보이스피싱 판치는데 처벌 솜방망이
Probation of execution for cash collection scheme that took 200 million won?... Punishment is mild for voice phishing rampant
Telephone financial fraud (voice phishing) techniques are evolving from bank transfer methods to receiving cash directly, but the level of punishment is actually lowering. The so-called 'cash collectors' who come to receive cash directly are key participants in voice phishing, but the number of them being sentenced to probation or acquitted is increasing. According to the legal community on the 26th, Mr. A (43), who participated in voice phishing as a cash collector and caused more than 200 million won in damage to a total of 11 people, was sentenced to probation last February. Defendant A was looking for a part-time job through a recruitment site at the end of November last year, received an offer from a voice phishing gang member, and took on the role of a cash collector. Mr. A met the victim, pretended to be an employee of a financial institution, and deceived the victim again and received the cash. Then, by transferring cash to a designated account, a total of 217.5 million won in cash was received 16 times from a total of 11 victims in December last year alone. This means that each victim suffered an average of 20 million won in damage. Mr. A was found guilty of 'fraud' as an accomplice to voice phishing, but the punishment sentenced to him was only 120 hours of community service and a fine of 4 million won. The reason for the sentencing was, "Although he suspected voice phishing and accepted it, it is difficult to say that he wanted to participate in the crime or accepted it emotionally." A court official said, "There are many cases where cash collectors intentionally participate in the crime without completing the crime, and the public is not aware that this is also an accomplice to the voice phishing crime. Therefore, even if the punishment is severe, it is difficult to expect the effect of preventing lower-level gang members from being involved in the voice phishing crime." The reason was revealed. This trend can also be seen in recent Supreme Court precedents. Last June, the 1st Division of the Supreme Court (Chief Justice Park Jeong-hwa) confirmed the innocence of Mr. B (40), who was deceived by a job advertisement and served as a cash collector for a voice phishing crime. The first trial sentenced Mr. B to one year in prison, concluding that he had 'unintentional intent' to commit fraud. On the other hand, the second trial overturned the first trial ruling and declared him not guilty. This is because it is difficult to say that the recognition that one's actions were related to voice phishing has been proven beyond a reasonable doubt. Myung Hyun-jun, a lawyer at Daeryun Law Firm, said, "The people in charge of voice phishing and those responsible for managing them mainly live overseas, so arrests are often difficult to make. In the past, cash collectors were easily recognized as accomplices to fraud and were sentenced to prison similar to the actual offender in most cases, but recently, it has become easier to admit intent to aid." He explained, "As there is discussion about whether this is the right decision in terms of criminal policy, the level of punishment is decreasing somewhat." See full text of article - https://n.news.naver.com/article/009/0004869992
Cookie News
2021-10-26
[동의하십니까] '제 2의 N번방' 온리팬스 사건 국제공조수사 촉구 청원
[Do you agree] Petition calling for international cooperation in the ‘Second N Room’ OnlyFans case
A digital sexual violence crime involving the production and distribution of sexually exploitative videos has occurred again. Even after the ‘N Room Incident’ last year, measures related to digital sex crimes have not been properly implemented. A petition titled ‘We request an international joint investigation to fundamentally resolve the second N Room, OnlyFans incident’ was posted on the Blue House National Petition website on the 23rd. As of 5:30 pm on the 25th, 378 people agreed. The petition is being reviewed by an administrator after more than 100 people have given prior consent. On the 19th, the Cyber ​​Crime Investigation Unit of the Gyeonggi Southern Police Agency announced that it had arrested Mr. A, in his 30s, on charges of violating the Information and Communications Network Act and the Act on Sexual Protection of Children and Adolescents. Mr. A is accused of making 256 sexually explicit videos and selling them on overseas social media over a period of about a year, making a total of 450 million won in illegal profits. The police also booked 10 people who participated in Mr. A's crime on charges of distributing sexual exploitation videos. Mr. A recruited one man and nine women through Twitter and then produced sexual exploitation videos throughout the Gyeonggi region. Among the female victims in the video, there are also minors. The produced video was registered on ‘OnlyFans’, a British subscription-based SNS. The platform operates in a way that users watch content after paying a certain fee. The problem with OnlyFans is that although it is an adult SNS, it is easily accessible to teenagers. Only those over 18 can sign up, but the adult verification process is lax. It contains mainly pornographic content and has a high level of security. For this reason, voices are raising concerns about youth digital sex crimes within OnlyFans. Last May, the British BBC reported on a case of distribution of pornography targeting teenagers within OnlyFans, and pointed out that OnlyFans is neglecting digital sexual crimes against teenagers. Perpetrators of producing and distributing digital sexual exploitation materials are using overseas SNS to avoid the investigative net. The petitioner said, “Digital sex offenders are evading the investigative network through overseas SNS,” and urged, “We must request international cooperation from other countries for the investigation.” The ‘N Room Incident’ also produced and distributed sexual exploitation of minors through Telegram, an overseas SNS. The perpetrators also emphasized Telegram's security and taunted the police. At the time, the police emphasized cooperation with overseas law enforcement agencies such as Interpol and cooperation in investigating digital sexual violence through diplomatic channels. Even after measures were taken, digital sexual violence crimes continued. Byung-Jun Ko, a lawyer at the Daeryun Law Firm, said, “Currently, the National Police Agency has established a team dedicated to promoting global companies in the Cyber ​​Security Bureau to strengthen cooperation not only with investigative agencies but also with overseas social media companies.” He added, “As the companies in question have overseas servers and are not subject to domestic law, customary investigations are difficult.” Attorney Ko said, “The Korea Communications Commission is reviewing the OnlyFans service,” and “OnlyFans also announced that it would close accounts if content violates the terms and conditions, but this alone is not enough to prevent the distribution of illegal videos.” Do you agree with the petition? View article - http://www.kukinews.com/newsView/kuk202110250033
daily
2021-09-01
잇단 음주운전 사고.. '위험운전치사상' 가중 처벌 가능
A series of drunk driving accidents... ‘dangerous driving causing death’ could result in increased punishment
The number of traffic accidents, which had slowed down since the implementation of the so-called 'Yoon Chang-ho Act', which strengthens punishment for fatal accidents caused by drunk driving, has recently been increasing again. According to the National Police Agency, the number of deaths due to drunk driving accidents last year was 287, a decrease of 2.7% from a year ago (295 people), but the number of drunk driving accidents and injuries increased by nearly 10%. In addition, concerns are raised that drunk driving during daytime hours may increase due to the daytime drinking culture caused by social distancing due to COVID-19. The current Road Traffic Act defines drunk driving when the driver's blood alcohol concentration is 0.03% or more. If caught twice or more, it is stipulated that a person will be sentenced to imprisonment for not less than 2 years but not more than 5 years, or a fine of not less than 10 million won but not more than 20 million won. If casualties occur in a traffic accident, you may be subject to aggravated punishment for dangerous driving causing death. Dangerous driving causing death occurs when you drive in a state where normal driving is difficult and cause a fatal accident. Unlike general drunk driving, the charge of causing death by dangerous driving is not based solely on the blood alcohol level, but comprehensively considers the driver's speech and actions, walking condition, complexion, and abnormal driving. This means that even if your blood alcohol level is low, you can be charged if you are unable to drive normally. Attorney Shim Jae-guk (Daeryun Law Firm) said, “With the revision of the Special Price Act, the statutory penalty for causing death by dangerous driving has been raised. Heavier punishment can be imposed compared to simple drunk driving.” He added, “If the victim causes injury, he or she will be sentenced to imprisonment for not less than 1 year but not more than 15 years, or a fine of not less than 10 million won but not more than 30 million won. In this case, life imprisonment or more than 3 years in prison without a fine can be imposed, so assistance from a lawyer will be inevitable depending on the situation. He said that in the case of a person who was found not guilty on charges of violating the Road Traffic Act and causing harm by dangerous driving, he considered the standards of the criminal law for injuries and whether he lost the ability to make decisions while intoxicated. He said, "As drunk driving is a serious crime, assistance should be provided according to the characteristics of the case based on precedents and legal knowledge." He said. A common explanation among experts is that in the event of a legal dispute, it is important to secure evidence such as CCTV, black box video, and witnesses that can confirm the circumstances at the time. Attorney Shim added, “Drunk driving is a serious accident that can take the lives of others in an instant, so we must deal with it carefully by making legal judgments from the early stage.” Daeryun Law Firm, which provided assistance, operates its own criminal center centered on former chief prosecutors and criminal defense lawyers. There are offices nationwide in Seoul, Incheon, Busan, Jinju, Chuncheon, and Jeju. View original article - https://news.naver.com/main/read.naver?mode=LSD∣=sec&sid1=001&oid=119&aid=0002525735
daily
2021-08-20
형사전문변호사, “아동학대 피해·대응 변호인 조력 필요”
Criminal lawyer, “Child abuse victims and defense attorney assistance are needed”
As child abuse has emerged as a serious social problem, the role and responsibility of the public in protecting children from abuse is being emphasized. Recently, a parent who was sent to trial on charges of brutally abusing a child to death through repeated assault and neglect was sentenced to a severe sentence of 30 years in prison. In addition, there was a case in which the biological mother was arrested on charges of child abuse and death under the Special Act on the Punishment of Child Abuse Crimes and habitual neglect under the Child Welfare Act. According to the ‘2019 Key Child Abuse Statistics’ announced by the Ministry of Health and Welfare last year, among the 30,045 cases of child abuse that occurred nationwide in 2019, neglect accounted for 2,885 cases, or 9.6%. Excluding the number of overlapping abuse cases, this is the highest figure following emotional abuse (7,622 cases, 25.4%) and physical abuse (4,179 cases, 13.9%). Neglect is a type of abuse that fails to meet a child's basic needs and includes abandonment due to negligence or refusal by the guardian, failure to provide basic food, clothing, and shelter, failure to provide sufficient care to the extent that the child's health is impaired, and failure to send the child to school. Failure to take neglect seriously and fail to respond also raises legal issues. Our law stipulates that murdering a child is punishable by death, imprisonment for life, or imprisonment for life or more than 7 years, and causing death is punishable by imprisonment for life or imprisonment for life or more than 5 years. It is stipulated that if serious injury is caused, the person is sentenced to imprisonment for not more than 3 years, and if physical or emotional abuse, abandonment, neglect, or other acts of abuse other than sexual crimes prohibited by the Child Welfare Act are recognized, the person is to be imprisoned for not more than 5 years, or a fine of not more than 50 million won. Criminal lawyer Park Dong-il (Daeryun Law Firm) said, “In particular, those who are required to report child abuse, such as daycare teachers, are liable to harm as emotional abuse that harms the child's mental health and development is prohibited. “Parents of children who have been harmed will likely want to suffer irreparable emotional trauma and plead for severe punishment for those involved,” he said, introducing a case in which a daycare teacher was recently put on trial for abusing children. Attorney Park said, “We collected evidence such as CCTV footage at the time, revealed and claimed that the crime had been committed repeatedly over a considerable period of time targeting multiple victims, and as a result of assisting from the early stage of the investigation to ensure that they were punished commensurate with their guilt, a 3-year prison sentence and a protective order were imposed.” According to the reality, it is difficult to prove child abuse damage, including emotional abuse, neglect, and abandonment, except in cases where physical evidence such as physical abuse is clear. On the other hand, even if you are accused of child abuse, it is evaluated that the assistance of a lawyer is helpful in the defense. Attorney Park said, “It will be important to find extenuating factors with legal experts,” adding, “Unlike in the past, in child abuse cases, there are more actions that can be included in the act of abuse, so even minor actions and words can be misunderstood as abuse. Since it is not easy to check for abuse, prevention and fundamental measures from related organizations will also be necessary.” He added. Daeryun Law Firm provides legal services with a team of criminal defense attorneys, including former chief prosecutors. Currently, there are offices across the country, including Seoul, Busan, Jinju, Chuncheon, and Jeju. View original article - https://n.news.naver.com/article/119/0002522293
daily
2021-08-05
전동킥보드 교통사고, 과실비율 적용한 손해배상 청구 가능
Electric kickboard traffic accident, damages can be claimed based on negligence ratio
Recently, as the number of users of personal mobility devices (PMs) such as electric kickboards has increased rapidly, the number of traffic accidents involving collisions with pedestrians and cars has quadrupled in two years. According to the Road Traffic Authority, the number of traffic accidents classified as drivers caused by personal mobility devices such as electric kickboards quadrupled in two years from 225 in 2018 to 897 last year, and the number of casualties was 995. Accidents involving collisions with pedestrians amounted to 304, a five-fold increase compared to 2018 (61). Accordingly, the Non-Life Insurance Association established a total of 38 standards for fault ratios, including applying a one-party fault ratio to PM drivers, in order to prevent disputes and lawsuits over fault ratios resulting from traffic accidents between PMs and cars. Driving an electric scooter on a sidewalk, not wearing a helmet, or driving without a license are all violations of the Road Traffic Act. If physical or property damage occurs as a result, you are liable for civil damages. Chan-Woo Jeong, a traffic accident lawyer (Daeryun Law Firm), said, “If you have suffered damage from a traffic accident, you should be careful not to enter into an unfavorable settlement.” Since the burden of proof in a civil lawsuit lies with the plaintiff, the advice is that the assistance of a lawyer is necessary to prove damages. Additionally, the statute of limitations for claiming compensation for tort damages is 3 years from the date the victim or legal representative became aware of the offender, and 10 years from the date the tort occurred. Therefore, you should also be aware that if you do not file a lawsuit within the relevant period, the validity of your claim may be lost. In particular, there are cases where aftereffects from traffic accidents appear late and damages cannot be claimed because the statute of limitations has expired. Attorney Jeong said, “If you have suffered significant damage, you should consider filing a lawsuit for damages even more.” He added, “If it is a serious accident, you deserve to receive sufficient compensation, but if you simply reach an agreement based on the insurance company’s internal terms and conditions, there is a high probability that you will not receive proper compensation. After receiving sufficient treatment, it is time to legally review whether the level of compensation is appropriate. “It is necessary,” he said. He added, “If the two sides cannot agree on the amount of damages, the amount will have to be calculated through a court ruling.” He added, “As a lawsuit claiming traffic accident damages can be seen as a dispute over the ratio of fault, it would be helpful to resolve the issue with a legal expert.” Daeryun Law Firm, which provided assistance, operates its own traffic accident specialist center comprised of traffic accident lawyers. Branch offices are distributed throughout the country, including in Seoul, Jinju, Jeju, Chuncheon, and Cheongju. View the original article - https://news.naver.com/main/read.naver?mode=LSD∣=sec&sid1=101&oid=119&aid=0002517815
Korea Economy TV
2021-07-30
부산 부동산변호사, "임대차보증금 반환분쟁 증가, 보증금 받으려면 법적장치 취해야"
Busan real estate lawyer, "Disputes over return of rental deposits are increasing, legal measures must be taken to receive the deposit."
Recently, in the real estate market, apartment prices in places such as Seoul and Busan are showing a downward trend every day due to loan regulations and property tax burdens. According to the legal community, the 'reverse rental crisis' is occurring due to the decline in housing prices, and the number of situations in which tenants are unable to receive their rental deposits back from landlords is increasing. A lawyer from Daeryun Law Firm's real estate team said, "Recently, due to the overlapping impact of social issues such as COVID-19, it has become difficult for landlords to raise funds, and the damage suffered by tenants is increasing due to non-return of deposits." He added, "In order to return deposits and deposits at the end of the contract, a careful review of the law will be necessary before signing the lease." “The right to priority repayment is a means of receiving repayment of the deposit with priority over the secured creditor who has established a lien, mortgage, provisional seizure, etc. on the property in priority,” he said. He then explained, “The debt relationship between the landlord and tenant must be officially confirmed by clearly stating the intention to terminate the lease contract through proof of contents at least one month before the expiration of the contract.” Generally, methods to return the rental deposit include sending a certificate of contents, applying for a lease registration order, applying for a payment order, filing a lawsuit requesting the return of the rental deposit, and forced auction. Among these, △When applying for a lease registration order, you can keep the deposit because you can maintain the right to preferential repayment even if you move. △Applications for payment orders can be judged solely upon the tenant's application, and if no objections are filed within two weeks of the payment order, compulsory execution such as seizure or auction may be used. △You can recover the deposit and deposit through a lawsuit requesting the return of the rental deposit. Experts explain that if you win, you can charge the landlord for legal fees, including rent, interest on delay, and attorney fees, so you can proceed without financial burden. If the amount to be refunded is less than 30 million won, you can get a judgment in a short period of time under the Small Claims Trial Act. In addition, a lawyer from the real estate team said, "In the case of real estate disputes, including lawsuits for the return of deposits, legal rights are complex. Finding a legal assistant who can effectively utilize various legal means will be a great help in resolving the problem." Meanwhile, Daeryun Law Firm focuses on its office in Seocho-gu, Seoul (Seocho-dong) and works in the metropolitan area and Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, In the Jeju area, we provide legal services in the field of construction and real estate, including return of real estate (house, commercial) rental deposits, lawsuits related to redevelopment and reconstruction, and local housing lawsuits. View original article - https://n.news.naver.com/article/215/0000864935
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