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daily
2021-07-30
'기획부동산 사기' 교묘한 진화... 부산 부동산변호사 "단순사기범죄와 다르게 접근해야"
‘Planned real estate fraud’ is a sophisticated evolution... Busan real estate lawyer says, “We need to approach it differently from simple fraud crimes.”
According to the legal community, special attention is needed as the number of victims of so-called 'planned real estate fraud', which involves purchasing land or forest land that is difficult to develop at a low price, then dividing the land into shares and selling it at a high price, citing favorable surrounding development factors, is increasing. In particular, as the economy of the common people is in crisis these days due to COVID-19, investors are recruited with the lure of high profits, and investment money and land purchase money are intercepted, including cases of retired pensioners and small investors. There are various cases of damage, such as the way some brokerage firms exploit this to approach people with surplus funds and recommend them to buy shares. According to a criminal lawyer from the Daeryun Planning and Real Estate TF Team at the law firm, “The proliferation of planned real estate and speculative share transactions that encourage development expectations and speculation are rampant. The methods are becoming more sophisticated day by day, including field visits with actual real estate agents,” and in particular, “Just trusting the word of the company without any relevant knowledge.” He said, "It is very risky to make an investment, and you must carefully check the possibility of development using the land ledger, registration copy, land use plan confirmation center, land use regulation information service, etc." He continued, "Early this year, the management of the country's largest planned real estate company was sentenced to prison on fraud charges, raising the possibility that similar cases will be found to be fraudulent in the future. However, even if the fraud charge is acknowledged, the victims' losses will not be restored." “If it is recognized that it was a fraud, you can cancel it and claim damages through a civil lawsuit or recover the invested amount by filing a lawsuit to claim the return of the investment, so if you have suffered fraud damage, it is important to reduce the damage to some extent with the help of a professional lawyer.” In addition, there is a possibility of being involved in a crime due to a new type of multi-level planning real estate fraud. “Companies purchase large quantities of vacant land and forest land with no development benefit, then divide the shares into small pieces, distribute the allocation to branches across the country, and sell the shares by brainwashing and training internal employees and counselors,” he said. “Investors who have been persuaded by them and bought the land may end up deceiving each other by introducing the land to other people, so there is a possibility of being involved in a crime without even knowing it.” He also said, “We attracted investment money after sufficient review and expected profits. He added, “If you are suspected of planning real estate fraud, you will need the assistance of a legal expert to prove your innocence, such as justifying your actions with a lawyer.” Daeryun Law Firm, which provided assistance, currently has offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju, and the Planning Real Estate TF team is located in the Planning Real Estate TF team. In relation to fraud cases, we provide legal assistance in cases such as violations of the Special Police Act, false and exaggerated advertisements, forgery of private documents, cancellation of fraudulent acts, claims for division of shared property, sales lawsuits, and lease lawsuits. View text of article -  https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=119&aid=0002404593#
Herald Economy
2021-07-30
서초 가사전문변호사에게 듣는 상속재산분쟁, 유류분소송에 관한 Q&A
Q&A on inherited property disputes and foreclosure lawsuits from a Seocho family law lawyer
As the generation of industrial workers comes to an end, legal disputes surrounding inheritance are steadily increasing. According to the National Court Administration, the number of lawsuits for return of retained earnings filed in family courts across the country last year increased significantly from 452 cases based on the first trial filing at the National District Court in 2010 to 1,511 cases last year. Experts believe that this is because the generation of industrial workers who built their wealth in the 1960s to 1980s died of old age, and the absolute level of wealth that their children could compete for was met. In relation to this, we heard about a lawsuit requesting the return of oil reserves through the Daeryun Inheritance Team at Law Firm. Q. Please explain the amount of oil.A. Reserved portion refers to a part of inherited property legally reserved for the heir. If there is a gift or bequest that violates this, the right to one's inheritance is claimed against the donee (another heir who inherited the property). For example, when a father writes a will saying, “I will pass on all my property to my eldest son,” this is a legal inheritance share that the remaining children can be guaranteed. At this time, the claim for return of the reserved portion must be made within 10 years from the date of commencement of inheritance (death) and within 1 year from the time the fact of the returned legacy was known.Q. What happens to the person with the right to claim the return of the reserved portion?A. The rights holders of the reserved distribution system are the existing legal inheritance rights, excluding collateral blood relatives within the fourth degree of consanguinity, and are in that order: lineal descendants, spouse, lineal ascendants, and siblings. The reserved portion also has rights only if there is no priority right of inheritance, so if there are lineal descendants and spouses, the lineal ascendants and siblings are not recognized as having the right to claim return of the reserved portion.Q. In the case of a fetus, can reserved portion be recognized? A. The fetus is considered already born in terms of inheritance under civil law. Therefore, the fetus also has the status of an heir in inheritance. If the presumptive heir who died before the start of inheritance has direct descendants, the fetus is also recognized as the 'right to succession by inheritance' or the right to a bequest or reserved portion to receive the inheritance on behalf of the deceased heir. However, these rights recognized by the fetus can only be acquired when the fetus is born alive, and the rights that the fetus had only when born alive are retroactively recognized as having been acquired from the time when the right arose.Q. How are the oil percentage and amount calculated? A. For lineal descendants and spouses, it is 1/2 of the legal inheritance, and for lineal ascendants and siblings, it is 1/3 of the legal inheritance. To calculate the reserved portion, the deceased's inherited property must first be determined. The method of calculating the amount of inherited property is to add the value of property gifted to a third party within one year before the start of inheritance to the combined value of the property and debts owned by the deceased. Based on this, the reserved portion of the legal heirs can be obtained and the corresponding amount can be claimed from the bequeathed person.Q. If inherited property is distributed unequally, the action is A. In order to guarantee legal inheritance, a legal approach must be taken and the individual concerned must step forward. Since many dispute elements are involved in the division of inherited property, such as retention, contribution, limited approval, and renunciation of inheritance, it is necessary to carefully check what needs to be prepared before the statute of limitations under the relevant laws. In particular, in the case of retained assets, it is necessary to have sufficient discussions with a family law lawyer before filing a lawsuit requesting return, confirm whether there is any benefit to the lawsuit, and then settle the dispute as soon as possible. The Daeryun Inheritance Team has a nationwide network and operates offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. We provide legal assistance in the field of inheritance, including division of inherited assets and contributions, claims for return of retained shares, claims for inheritance recovery, limited approval, and inheritance relinquishment issues, focusing on family affairs lawyers certified by the Korean Bar Association. View article text - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=016&aid=0001678916
daily
2021-07-30
서초동 변호사, "금전, 채권 분쟁 종결하려면 법률 조력 활용해야"
Seocho-dong lawyer, “Legal assistance must be used to resolve money and bond disputes.”
As the number of confirmed COVID-19 cases in Korea has recently decreased, the domestic market was predicted to gradually improve, but there are concerns about the possibility of a prolonged economic downturn due to the resurgence of the coronavirus originating from Itaewon. In relation to this, as the cash flow of individuals and companies decreases, conflicts between debtors and creditors due to financial transactions, regardless of the amount such as product price, sales price, or rental amount, are increasing. According to Daeryun Law Firm's Debt Dispute Team, inquiries related to debt collection are increasing compared to last year, such as 'I lent money, but the money is not repaid,' 'I did construction work, but the construction price is not paid,' 'I purchased materials, but the material price is not paid,' 'I purchased the goods, but I did not pay.' He explained that a variety of problems are arising in conjunction with the difficult economic situation, such as 'don't pay for the goods'. A lawyer from Daeryun Law Firm's Debt Dispute Team said, "It is a chronic problem that the other party in a financial conflict usually just says that they cannot give because they do not have the money. It would be good if we could come to a good agreement with both parties, such as agreeing to receive the loan, payment, etc. in installments, but in reality, it is not easy. First, apply for a payment order to the other party, investigate whether the debtor has assets, and then check if the debtor has any assets. “There is a way to recover the debt through compulsory execution through civil procedures in parallel with a civil lawsuit and a preservation disposition such as provisional seizure,” he said. “However, the other party who is concerned about the civil lawsuit may escape the obligation to repay the money by concealing the property, reorganizing it, or filing for bankruptcy. Therefore, if you can prove the act of deception, it is also possible to file a complaint for fraud under the criminal law.” “Because the possibility cannot be ruled out, there are cases where a change of stance is made and a request for settlement is required, so not only simple civil and criminal litigation but also careful legal analysis from various angles is required to receive unpaid money.” Meanwhile, Daeryun Law Firm’s Debt Dispute Team has offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. We provide comprehensive legal services ranging from settlements other than lawsuits to civil and criminal matters in relation to loans, construction and material costs, investment recovery, unjust enrichment, repayment and return of lease deposits, and debt collection. Daily Reporter Kim Yun-seong (kimys@dailian.co.kr) View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=119&aid=0002403224
Asian Economy
2021-07-30
서초 형사전문변호사 "삼진아웃 처벌 옛말... 음주운전 처벌 강화로 변호사 수임도 증가"
Seocho criminal lawyer, "Three strikes and out punishment is an old saying... Attorney fees also increase due to stronger punishment for drunk driving."
Despite recent social distancing due to COVID-19, the number of cases of drunk driving caught is increasing significantly. According to the National Police Agency, the number of deaths due to drunk driving between January and March of this year increased for the first time in five years. Among them, 4,101 accidents occurred due to drunk driving, resulting in 79 deaths. Compared to the same period last year, the number of drunk driving accidents increased by 24.4% and the number of deaths due to drunk driving increased by 6.8%. According to the legal community, the demand for a criminal lawyer for drunk driving charges is also increasing recently. This is because the punishment standards for drunk driving have been strengthened since the revision of the Road Traffic Act, making it difficult to end with a summary order in case of a repeat drunk driving offense, and in many cases a prison sentence of two years or more is imposed. Criminal lawyer Shim Jae-guk of the Daeryun Law Firm said, “With the revision of the Road Traffic Act, the standards for drunk driving crackdowns have also been strengthened. Currently, if the blood alcohol concentration is 0.03% or higher, the license can be suspended, and if the blood alcohol concentration is 0.08% or higher, the license can be revoked.” “Blood alcohol concentration of 0.03% is a level measured about an hour after drinking one glass of soju. If you get behind the wheel thinking, ‘Wouldn’t this be okay?’ from the beginning, you can lose everything in an instant, so you need to be especially careful,” he advised. You should also be careful if you cause a traffic accident while drunk driving, as this can also lead to severe punishment. In particular, if you run away from the scene of an accident without taking any action to avoid punishment for drunk driving, you are often arrested at the investigation stage and can receive strong criminal punishment. Attorney Shim said, "When you are caught drunk driving or in a drunken accident, there is clear physical evidence such as blood alcohol concentration level, so it is meaningless to deny the charge or show only an attitude of remorse by vaguely appealing to emotions. In this case, on the contrary, there is a possibility that the crime is judged to be bad and a heavier sentence may be imposed." He explained, "Ascertain the facts." He advised, “We will need legal assistance that can lead to leniency by actively advocating sentencing and mitigating factors such as drunk driving distance, drunk driving history, trigger, vehicle disposal, efforts to prevent recidivism, and agreement with the victim.” Meanwhile, Daeryun Law Firm has offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju, and provides legal assistance for drunk driving and traffic accidents. It has a high success rate in criminal litigation, including fraud, economic crimes, and sex crimes. View the original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=277&aid=0004679306
Herald Economy
2021-07-30
부산 형사전문변호사 "준강제추행죄 등 성범죄 연루... 초기대응이 중요"
Busan criminal lawyer: "Involved in sexual crimes such as semi-forcible molestation... Early response is important."
Recently, a male and female racketeering group that was trying to extort settlement money by falsely accusing a minor of sexual assault was discovered during the prosecution's re-investigation. In 2017, male A stayed at a motel while drinking with B, a minor at the time. Afterwards, Mr. B suddenly called Mr. C (27 years old) and asked for help, saying that he had been sexually assaulted. Then, Mr. F (55 years old, female), who identified himself as Mr. B's aunt, appeared and asked Mr. A for sexual assault settlement money. However, Mr. A refused, and Mr. B filed a complaint, saying, “I was molested while drunk and unconscious.” Mr. A complained of injustice to the investigative agency, but was unable to prove his innocence and was sent to trial on charges of quasi-forcible molestation. The trial was prolonged due to the conflicting claims of both sides. According to the prosecution, Mr. B's group was caught in the act of systematic crime during the resurgence investigation, and five members of their group were indicted on the 7th. In addition, we plan to cancel the indictment for semi-forcible molestation of the victim who is on trial for their false accusation. Regarding similar cases, criminal lawyer Shim Jae-guk of Daeryun Law Firm said, “We have proven the innocence of our client who was accused of semi-forcible molestation.” He added, “The client was indicted on charges of quasi-forcible molestation after drinking with a friend’s acquaintance until dawn and then moving to a motel with them and attempting to sexually assault them (quasi-forcible molestation). The client has sparse memories of the time. He explained, “He was very confused by the situation,” and “The persistent finding of contradictions by comparing the victim's statement, the secured CCTV footage, and the DNA test results was important in proving his innocence.” Attorney Shim said, “In the case of semi-forcible molestation that occurs while drinking, the suspect is often as drunk as the victim, so there are many cases where the suspect is unfairly charged.” “If you are accused, you need to clearly assess the situation at the time and respond with the help of a lawyer.” He also advised, “Many sexual crime cases, such as semi-forcible molestation, do not simply end in criminal punishment if found guilty. In the case of quasi-forcible molestation, the offender is subject to imprisonment for up to 10 years or a fine of 15 million won, and if a person is found guilty and is subject to a security measure, he or she may not be able to get a job for a long time or his/her personal information will be made known through online sites and mail notices. “There are overall social restrictions,” he said, adding, “If you are involved in a case of quasi-forcible molestation, you must discuss with a sexual harassment lawyer and respond thoroughly from the beginning of the case to prevent the possibility of excessive punishment.” Meanwhile, Daeryun Law Firm operates a sex crimes team with criminal lawyers certified by the Korean Bar Association and provides assistance in various sexual crime cases such as quasi-forcible molestation, quasi-rape, forcible molestation, rape, and filming using cameras. There is. View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=016&aid=0001673587
Herald Economy
2021-07-30
서초 이혼전문변호사, "상간남, 상간녀 위자료청구소송... 불륜·외도사실 입증이 관건
Seocho divorce lawyer, "Lawsuit for alimony between a man who had an incestuous relationship and a woman who had an incestuous relationship... Proving the fact of adultery and extramarital affairs is key."
According to the legal community, divorce, parental and custody disputes, and incestuous incest lawsuits are increasing every year. As can be seen through the drama ‘The World of the Married,’ divorced families continue to engage in fierce legal battles while facing complex situations and problems. According to a divorce lawyer (Daeryun Law Firm), in the case of real divorced families, incidents that can be much more provocative than those in dramas occur, and the legal response to infidelity has also changed since the abolition of the adultery law. Divorce lawyer Shim Jae-guk of the Daeryun Law Firm said, “The abolition of the adultery law does not mean that cheating is allowed. Cheating is still considered a cause for marriage breakdown under civil law.” He explained, “You can claim alimony, and you can also claim alimony by holding the adulterer responsible.” In general, in the case of a lawsuit against an adulterer, △ alimony can be claimed from the incestuous person separately from the divorce, △ alimony can be claimed from the incestuous person after divorcing the spouse, and △ alimony can be claimed from both the spouse and the incestuous person at the same time as the divorce lawsuit. At this time, if you are divorced or in the process of divorce proceedings, the family court becomes the competent court, and if you are before divorce, the civil court becomes the competent court. According to a divorce lawyer, in alimony claim lawsuit for an incestuous person, alimony is generally set between 10 million won and up to 30 million won, but the amount can vary depending on the specific case of cheating and the cause of the breakdown of the marriage. However, because the statute of limitations applies to claims for compensation for damages, it is advised that lawsuits must be filed within 3 years from the date of discovery of the cheating or 10 years from the date of the affair. Divorce lawyer Jae-guk Shim said, “In a lawsuit seeking damages for incest, it is most important to reveal that the adulterer or spouse committed an act of misconduct after knowing that he or she was a married man or woman.” He added, “This is an area where relevant legal assistance is required because materials obtained through illegal methods, such as through requests to the National Investigation Agency, have a low probability of being accepted as evidence in court and, conversely, you may be subject to criminal punishment.” Daeryun Law Firm, which has offices in Seocho-gu, Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju, is certified by the Korean Bar Association. Divorce lawyers and family affairs lawyers provide legal assistance on a variety of issues that arise during the divorce process, including divorce, property division, custody and parental rights, and incest and infidelity claims. View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=016&aid=0001671171
Naver News
2021-07-30
 서초 상속변호사 "상속재산분할 및 유류분반환 등 법률조력 필요한 영역"
Seocho inheritance lawyer: “Areas that require legal assistance, such as division of inherited property and return of retained shares.”
Recently, legal disputes related to inheritance and gifts have been increasing. According to the National Court Administration, the number of requests for division of inherited property is increasing every year, with 1,233 cases in 2016, 1,430 cases in 2017, and 1,710 cases in 2018, and the number of requests for return of retained assets also increased by about 4.6 times over the past 10 years, from 295 cases in 2008 to 1,371 cases in 2018. In the event of death, surviving family members become heirs who can inherit the property rights of the deceased. At this time, if there is no will of the deceased, the heirs must reach an agreement among all co-heirs to divide the inherited property through consultation to determine how the inherited property will be distributed. If there was a gift or bequest to the inherited property, the heir who did not inherit can claim his or her share of the other heirs' inherited property and secure a minimum share of the inheritance. According to the Daeryun Law Firm's Inheritance Dispute Team, there are various situations, such as when the heirs fail to reach an agreement, when a specific heir claims his/her contribution and seeks to receive more property divided, or when one of the co-heirs conceals the inherited property in an unreasonable way before the start of inheritance. There are cases where it is difficult to reach an agreement between heirs, so legal assistance is required. There is no statute of limitations for the division of inherited property, and the right to claim the return of the reserved portion must be claimed within 1 year from the date the holder of the reserved inheritance became aware of the commencement and gift of inheritance or the commencement of inheritance and bequest, and within 10 years from the date of commencement of inheritance. A lawyer from the Daeryun Inheritance Dispute Team at Law Firm said, “Disputes that arise when one of the co-heirs steals the inherited property also arises. “There are many cases where the client’s father died and the stepmother, who was a co-heir, donated the real estate before the death of the deceased and insisted on excluding it from the inheritance while the ownership transfer registration was completed.” “At the time, it was discovered that the deceased was incompetent at the time of signing the gift contract, and a lawsuit was filed requesting cancellation of ownership transfer registration, a request for an injunction to prohibit real estate disposal, and a lawsuit requesting return of retained assets to determine the size of the inherited property. “We recalculated and restored the client’s inheritance share and rights,” he explained. “In an inheritance dispute, the key is to accurately determine the size of the inherited property and calculate the degree of violation of one’s rights.” He also advised, “A multi-faceted review and analysis, such as identification of the decedent’s basic property, contributions, special profits of co-heirs, borrowed-name property, etc., has limitations that can be resolved by an individual, so legal assistance is needed.” Daeryun Law Firm, which provided assistance, currently provides assistance. It said it has offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. The inheritance dispute team explained that it provides professional legal services necessary for inherited property division adjudication, contribution share, reserve share, limited approval of inheritance, renunciation of inheritance, inheritance recovery, will, denial of paternity, inheritance lawsuit, and cancellation of ownership transfer registration. View the original article by Reporter Seunghan Lee - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=103&oid=241&aid=0003018698
Yonhap News
2021-07-30
집 앞에 나체사진 붙이고 반려견 폭행도... 도 넘은 데이트 폭력
Posting naked pictures in front of the house and assaulting dogs... Dating violence goes beyond
(Seoul = Yonhap News) The popular drama JTBC's 'The World of the Married'. Doctor Ji Seon-woo (played by Kim Hee-ae) witnesses the scene of patient Min Hyeon-seo (Shim Eun-woo) being brutally assaulted by her live-in boyfriend and saves her. Min Hyun-seo, who later accused her boyfriend of assault, meets Ji Sun-woo and says, "The teacher was the first person to help me when I was being beaten." However, the number of victims suffering from 'this crime' is increasing day by day. Since it is something between lovers, it can happen when they are in love. It is committed in the name of 'affection'. It is a crime and dating violence. On the 14th, a man in his 20s was arrested for threatening to distribute a sex video to his girlfriend who asked for a breakup. This man also showed cruelty by assaulting his girlfriend's dog with a brick. Earlier in the same month, a teenage man was booked on charges of posting a nude photo of his ex-girlfriend on the front door of his ex-girlfriend's house and threatening her. The man is known to have even called the woman's parents to check if they had seen the photo. According to National Police Agency statistics (2019 Police White Paper) According to the report, the number of reported dating violence is increasing every year. 9,364 cases were reported in 2016, 14,136 cases in 2017, and 18,671 cases in 2018. Of these, 70% of victims were women. The number of people arrested also showed a steady increase. 6,675 people in 2014, 7,692 people in 2015, The number was 8,367 in 2016, 10,303 in 2017, and 10,245 in 2018. Lee Chang-hoon, a professor of police administration at Hannam University, explained, "You could say that dating violence itself has increased, but this is because awareness of dating violence has expanded, and awareness of reporting has increased, leading to higher reporting rates." However, there is still no bill related to preventing and punishing dating violence in Korea that takes into account the characteristics of the crime. I don't have any. Depending on the type, criminal laws such as assault, intimidation, and rape are applied and punished. On the other hand, the UK and the US already have laws related to dating violence. The UK's so-called 'Clare's Law' (domestic violence record disclosure system) was named after a victim who was murdered by her boyfriend in 2009. This is a law that allows disclosure and viewing of a dating partner's history of violence. In the United States, the victim protection system was strengthened by including dating violence in the 'Violence Against Women Act' enacted in 1994. In our National Assembly, in 2017, Democratic Party lawmaker Pyo Chang-won and then-Liberty Korea Party (now United Future Party) lawmaker Shin Bo-ra proposed a law to punish and prevent dating violence, but these bills were not passed. There are also differing opinions in the legal and academic circles regarding the enactment of a separate bill. Kwak Dae-kyung, a professor of police administration at Dongguk University, emphasized, “Regarding problematic behavior (dating violence), an atmosphere should be created in academia, social organizations, and the National Assembly to talk openly about the scope and level of punishment that is considered appropriate and reasonable in our society.” He said, "It appears that more provisions to protect victims should be included in criminal procedures, such as special laws. Dating violence is a problem that is constantly recurring. According to data from the National Police Agency, 51 people died from this crime between 2016 and 2018. Amid the social perception of love fights and a lax legal system, unfortunate victims continue to emerge. Reporter Eun-jeong Lee, Intern Reporter Kim Jeong-hoo / Narrated by Intern Reporter Kim Jeong-hoo View original text - https://www.yna.co.kr/view/AKR20200423161100797?input=1195m
Asian Economy
2021-07-30
서초 형사전문변호사, “데이트폭력, 몰카 촬영 유포 등 성범죄사건 다각적으로 대응해야”
Seocho criminal lawyer, “We must respond in a multifaceted manner to sexual crime cases such as dating violence and distribution of hidden camera footage.”
A teenage man who posted a nude photo of his girlfriend and threatened her in front of his recently broke up girlfriend's house is being investigated by the police. According to the legal community, the police have booked Mr. A on charges of violating the Special Act on Sexual Violence and are investigating. Mr. A is accused of putting a nude photo of B on the front door of B's ​​house when his girlfriend B notified him of the breakup, and also leaving the photos in mailboxes and delivery boxes. It is known that Mr. A even called B's parents to check if they had seen the photo.Dating violence includes not only physical acts but also non-physical acts of controlling and monitoring a lover. In particular, experts explain that there are sexual types such as forcing sex or refusing to use contraceptives, emotional types such as shaming cycles and threats of suicide and self-harm, and behavioral restrictions and economic violence that prevent people from seeing family or friends. Recently, there has been an increasing trend in the damage caused by forced filming of sex videos. According to criminal lawyer Jae-guk Shim of Daeryun Law Firm, “In a similar case, a client who was living with her lover asked for help due to dating violence that occurred over a period of about five months.” He added, “The issues were serious, including cell phone surveillance, collar grabbing, pushing, assault, threats with kitchen knives, sexual abuse, and threats to film and distribute videos. Sexual abuse, assault, verbal abuse, filming using cameras, etc. He said, "I represented him in a criminal case on suspicion, and the possibility of retaliatory approaches was high, so I applied for a restraining order." He continued, "Dating violence is becoming a social problem, but many couples still do not recognize it as a crime, so it is not easy to prevent damage." He added, "If you are a victim of assault or sexual crime due to dating violence, you need to immediately consult with a criminal lawyer with experience in sex crimes and take legal action." He also advised, "The unfortunate thing is. The fact is that dating violence does not end once and occurs several times over a long period of time. We should no longer judge dating violence cases piecemeal and uniformly,” he said. “We need to collect evidence on the damage and respond from a variety of civil and criminal aspects, including applications for injunctions, compensation for damages, and charges of violation of special laws on punishment of assault and sexual violence crimes.” Meanwhile, Daeryun Law Firm has jurisdictions in Seocho-dong, Seocho-gu, Seoul, Busan, Daegu, Incheon, and Gwangju. We have law offices in Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. The sex crimes team is in charge of criminal cases, including dating violence and forced harassment, and provides legal assistance, including confidential consultations with female lawyers to represent victims of sex crimes. Reporter Lim So-ra mail00@asiae.co.krView original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=277&aid=0004660750#
daily
2021-07-30
서초구 변호사, “코로나19로 법인회생 및 법인파산 증가, 경영자의 신중한 판단 요구돼”
Seocho-gu lawyer, “Corporate rehabilitation and corporate bankruptcies increase due to COVID-19, management needs to make careful decisions.”
Recently, as domestic demand and exports continue to slump in the aftermath of the novel coronavirus infection (Corona 19), the perceived economic performance of domestic small and medium-sized businesses is rapidly slowing down. According to the <Small and Medium Business Trends> data released by the Korea Federation of Small and Medium Businesses, the economic outlook index is at an all-time low since the start of all-industry statistics in 2014, and the survey also showed difficulties related to management damage and crisis. According to the same data, 64.1% of small and medium-sized businesses responded that management damage was severe due to the COVID-19 incident. In addition, 36.9% answered that the period they can endure if the current economic situation continues is 1 to 3 months, and 28% answered 3 to 6 months, foreshadowing the seriousness of the economic crisis caused by COVID-19. A lawyer from the corporate legal team of Daeryun Law Firm, which is in charge of corporate consulting and legal advice, said, “Recently, inquiries about corporate rehabilitation and corporate bankruptcy of companies with poor financial conditions are increasing after COVID-19.” “It is a field that requires careful judgment as we must carefully consider the pros and cons of each process and come up with an appropriate method,” he said. The corporate rehabilitation system adjusts the legal relationships of stakeholders such as creditors, shareholders, and equity holders for debtors who are experiencing a crisis due to financial difficulties. According to the legal community, it is possible to maintain existing management rights and major shareholders' rights even after going through rehabilitation procedures in the event of a temporary liquidity crisis and to promote efficient rehabilitation of debtors and businesses. On the other hand, the corporate bankruptcy system is a procedure in which a corporation is unable to repay its debts with its own assets, so the court declares bankruptcy, cashes in the corporation's assets, and distributes them to creditors according to the priority of rights and amount of claims. In particular, when proceeding with bankruptcy proceedings, a chain of legal disputes, such as mandatory execution by creditors or criminal charges due to debt, may arise, so assistance from experts is required. A lawyer from Daeryun Law Firm's corporate legal team said, “Decisions on corporate rehabilitation and corporate bankruptcy must be made in consideration of the corporate survival value and corporate liquidation value.” “It can be considered as a corporate bankruptcy system,” he explained. In addition, “In order to use corporate rehabilitation and bankruptcy as a management strategy for crisis management, appropriate procedures must be carried out through legal experts with long-term know-how and experience in various cases to reduce the damage to the debtor and stakeholders. If the golden time is missed, the situation may worsen and debts may increase, so it is most important to respond early in crisis management.” He advised. Daeryun Law Firm, which provides legal services in the field of corporate bankruptcy (corporate rehabilitation, corporate bankruptcy) and restructuring, has offices in the Seoul area, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju, with an office in Seocho-gu (Seocho-dong), Seoul. Dailyan Reporter Kim Yun-seong (kimys@dailian.co.kr) View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=119&aid=0002395973
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