Press Coverage

Corporation: “Workers who drove and worked after being determined to be disabled…doesn’t mean they lost 100% of their labor power.” The lowering court said, “It’s just a matter of circumstances after the disposition…I can’t see that there was a flaw in the decision at the time.” The court ruled that it was illegal to revoke an existing decision that was validly established based only on circumstances that occurred after the administrative disposition was issued. The Ulsan District Court was the plaintiff in a lawsuit filed by A, a man in his 60s, against the Korea Workers’ Compensation and Welfare Service in January to cancel the disability rating decision. A favorable decision was made. Mr. A suffered a fall accident while working in 2006 and was diagnosed with spinal cord damage and paralysis of the lower extremities. Afterwards, in 2008, he was judged to have a disability level 2, and the same grade was maintained during a re-examination six years later in 2014. The problem arose seven years later when Mr. A was once again readjusted to a disability grade. This is because the corporation canceled the existing disability level of level 2 and downgraded it to level 3. The corporation took issue with the fact that Mr. A passed the driver's license aptitude test after being reexamined in 2014, drove on his own, and even got a job for a certain period of time. This is because the level 2 decision, which means 100% labor loss rate, is inappropriate because the worker is actually able to work. In response, Mr. A protested, saying that the corporation canceled the existing disposition without any legal basis. In addition, an administrative lawsuit was filed, arguing that since the patient still requires frequent nursing care, the grade should be maintained at level 2 instead of level 3. The court ruled in Mr. A's favor. First, the court explained, “If there is a defect in the administrative act, it can be canceled even if there is no separate legal basis.” However, “the passing of the driver's license aptitude test and temporary employment presented by the defendant are all circumstances that occurred after the disposition of the disability grade, so it is difficult to acknowledge that Mr. He added, “There is no objective data to show that the decision on the state of disability at the time of the initial decision and trial was wrong.” Attorney Hwang Gyu-hwa of Daeryun Law Firm, who represented Mr. A, said, “According to the Supreme Court, the reason for the cancellation of an administrative action refers to a defect that existed at the time the relevant disposition was made.” explained. Reporter Kim Hee-guk kukie@kookje.co.kr[View full article] “I got my license and got a job”… “Unfair disposition” in the decision to downgrade the disability level (Shortcut)

A daycare teacher who was handed over to the prosecution for excessive disciplinary action against a child was acquitted. According to the legal community on the 18th, the Chuncheon District Prosecutors' Office decided not to indict Ms. A, a woman in her 30s who was sent on the 26th of last month for violating the Special Act on the Punishment of Child Abuse Crimes. In November of last year, Ms. A subdued a student who was fighting with a friend by hugging his torso and urinating. He was accused of committing child abuse, such as ignoring the child's words. The parents filed a complaint, saying that Mr. A was excessive in disciplining the child and that even though the child urinated on his clothes, he did not immediately change his clothes and made him apologize first, thereby causing shame. Mr. A denied the charges. The child was said to have been disciplining the child to prevent this, as he was behaving aggressively, such as badmouthing other friends and trying to throw toys at him. In addition, the child urinated. It seemed like he was trying to avoid a difficult situation with an excuse, so he insisted that he apologize first and then change his clothes. In addition, he emphasized that the discipline was very brief and that if it had been an excessive action that crossed the line, fellow teachers around him would have stopped him immediately. The prosecution believed that Mr. A's charges were not recognized. The prosecution said, "It cannot be said that it was the right attitude to control the child victim in the name of discipline and fail to immediately change his clothes, but the need for discipline for the child at the time was not recognized." He said, "The suspect's claim is credible when we see that the victim child also tried to avoid the disciplinary situation by saying 'I will pee' rather than complaining that he wanted to go to the bathroom." He continued, "The suspect did not commit any other acts of abuse, and there is also a precedent that acts similar to the relevant disciplinary law do not constitute abuse. After the situation was over, follow-up measures were clearly taken, such as calming the child down for a nap and informing the parents of the situation." He added. Lee Ji-yeon, a lawyer at Daeryun Law Firm who represented Mr. A, explained, "Even if it is inevitable to control a child with aggressive tendencies and prevent him or her from moving, it cannot be considered abuse if there is no intention to harass him." He added, "Mr. A's actions were also an inevitable measure for proper discipline, and he was able to be acquitted by carefully proving the follow-up measures after the situation ended." #IncidentAccident #Discipline #Daycare teacher #Childabuse #Not guilty Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] Controversy over 'suppressing a child and delaying urination'... Prosecutors raise their hands for daycare teachers who say, "It's not abuse" (Shortcut)

This is a bag I bought, so can’t I change it however I want? At first glance, it may seem like an obvious right, but there is a good reason why this question went all the way to the Supreme Court. As the 'reform' market, which involves transforming luxury bags into wallets or other forms, has grown, brand companies have taken legal action, claiming trademark infringement. Last February, the Supreme Court overturned the original ruling in a trademark infringement lawsuit filed by Louis Vuitton against a reformer and sent the case back to the Patent Court. Previously, the first and second trials acknowledged liability for damages, saying that the act of producing reformed products using Louis Vuitton bag fabric constituted trademark infringement. The court cited the fact that refurbished products are 'products' with independent exchange value, such as those traded in the second-hand market, and that there is a possibility that consumers may mistake the source for a Louis Vuitton product. However, the Supreme Court made a different decision. The Supreme Court ruled that if the owner of a luxury bag requested remodeling for personal use, and the repairer transformed and processed it and returned it to the owner, it did not constitute “use of a trademark” under the Trademark Act and therefore did not constitute infringement of trademark rights. Since the core function of trademark rights is to prevent consumers from being confused about the source of the product, if the reformed product is not distributed in the market and is limited to personal use, it is difficult to say that that function has been infringed. In particular, it has been made clear that the burden of proof for these ‘special circumstances’ lies with the trademark owner claiming trademark infringement. It is difficult to recognize infringement simply by the fact that a product with a trademark has been modified, and the brand company must directly collect and prove in detail whether the reformed product was actually produced and distributed like a commercial product in the market. Considering the purpose of this ruling, the reform industry in the future must make it clear that the service it provides is ‘repair and modification for personal use.’ Keeping a record of the fact that the design or production method was decided based on the customer's request also helps prevent disputes. In addition, displaying reformed products like products or promoting them in the form of sale must be approached cautiously as there is a risk of dispute. Meanwhile, brand companies responsible for proving trademark infringement must specifically check and secure evidence to determine whether reformed products are repeatedly produced in a certain form beyond simple repair and whether the compensation received by the reforming industry exceeds the normal repair cost. Based on this, it is necessary to more selectively inspect and design the company's response strategy. At this time, rather than comprehensively restricting the entire reform market, it is more realistic to focus response capabilities on cases where reformed products are at risk of being mistaken for official products or are distributed like products through online platforms. In particular, some global luxury brands have already operated official repair centers or certification services and have directly managed parts and repair processes. In the future, the scope of allowable repairs and modifications must be made clearer, and separate management standards must be established for areas that may cause consumer misunderstanding during the online and offline distribution process. In the end, trademark protection is a matter of proactive management, not post-dispute response. Here, as the scope of the reform service, judgment of marketability, use of trademark, etc. are areas that involve legal judgment, it is most important to check the standards and prepare a response strategy through expert advice from the early stage. As the luxury goods and reform markets grow, the structure of disputes becomes more complex. This is why a management system established in advance is ahead of litigation.[View full article] Luxury product ‘reform’ debate... Boundaries of trademark rights and corporate response strategies (link)

Demand for understanding the US federal priority principle and QMSR and integrated legal risk management The dawn of regulatory science innovation in 2026 The Korean Ministry of Food and Drug Safety's allocation of 11.4 billion won in the budget for ‘Food and Drug Regulatory Science Innovation Support’ in 2026 means that the domestic AI-based medical device and digital therapeutic device (DTx) industry has been promoted to a national strategic export item. This large-scale budget investment goes beyond simple financial support and contains a strong policy will to standardize the technical effectiveness of domestic companies in line with international legal standards. This heralds a major transformation of the industry. Now, companies must design a sophisticated legal roadmap that takes into account everything from the early stages of technology development to final licensing and health insurance fee registration. This will soon become a core competency directly related to survival in the global market. Regulatory response based on technical understanding Licensing of digital healthcare devices is fundamentally different from existing hardware-centered medical device screening. The process of proving the effectiveness of the algorithm and the continuous reliability of the data is essential. Through my expertise as a pharmacist, practical experience at a global pharmaceutical company, and public service experience at the Ministry of Health and Welfare and the Health Insurance Review and Assessment Service, I have experienced the entire process of innovative technology going through to settle in the market. Regulatory authorities focus on evaluating how the technology ensures ‘predictable safety’ within the current legal system rather than the innovation itself. Ultimately, the core of regulatory science is to explain complex scientific evidence in the language of laws and norms that authorities can accept. Translating technology into the language of law determines the success or failure of licensing. Legal seat belt for entering the U.S. market. The legal concept that companies targeting the U.S. market must understand is the principle of ‘Federal Preemption.’ The U.S. Supreme Court's Riegel v. Medtronic, Inc (2008) case presents important implications for medical device companies. At the time, the court ruled that patients can be restricted from filing product liability lawsuits based on state law for medical devices that have passed the U.S. Food and Drug Administration's (FDA) premarket approval (PMA) process. This shows that FDA approval goes beyond simple market entry permission and can be a legal shield that protects companies from the risk of large-scale civil litigation in the United States. Therefore, faithfully complying with the Quality System Regulation (QMSR), which will be fully implemented from 2026, is both a regulatory response and at the same time the strongest litigation defense strategy. Expansion of cyber security and product liability With the proliferation of software-based medical devices, security defects have emerged as a new product liability issue. Global regulatory authorities and courts tend to interpret security flaws in software medical devices not as simple technical errors but as serious manufacturing errors directly related to patient life. The FDA mandates the submission of a software bill of materials (SBOM) and the establishment of a post-security patch process in the QMSR system. If this is neglected, a chain of legal risks can arise that can lead to not only license cancellation but also violations of the False Claims Act. Companies must apply ‘Security by Design’ from the development stage. At the same time, a documentation system must be established to legally prove the design and management process. Transparency demands and administrative response strategies In Korea, the HIRA is closely examining expenditure reports through advanced data analysis techniques. The level of transparency demanded by companies is continuously increasing. Looking back at past precedents related to the Ministry of Health and Welfare's decision to reduce drug prices or invalidate public notices, companies that failed to logically prove the ‘academic justification’ for providing economic benefits in the early stages of administrative investigations suffered a huge management blow. In particular, digital healthcare companies must integrate and manage data to prevent marketing activities from being mistaken for rebates. When expanding overseas, global compliance standards must be established that simultaneously meet Korea's expenditure report system and the U.S. Physician Payments Sunshine Act. Integrated risk management creates leading companies. The success of the AI ​​and digital healthcare industries is not achieved through technological innovation alone. It must be accompanied by a solid legal defense mechanism to protect the technology and make it sustainable. Regulatory response, quality management, cybersecurity, and transparency should not be separate tasks but integrated into one strategy. We hope that the domestic medical device industry will lead global standards through preemptive regulatory strategies and institutional preparations commensurate with technological innovation.[View full article] “AI medical devices and DTx, legal response capabilities determine global survival” (Shortcut)

Amidst a tectonic shift in the legal profession with the implementation of the court system that allows constitutional appeals in cases of dissatisfaction with the Supreme Court's ruling, Daeryun Law Firm announced on the 17th that it has launched the 'Court Judge Response Task Force (TF)'. The Court Member TF has been staffed with people with experience working at the Constitutional Court who are familiar with the Constitutional Court's unique hearing method and legal principles, and experts with extensive experience in handling constitutional appeal cases. The plan is not to simply gather people from the Constitutional Court, but to dig into the unconstitutionality of the ruling from various angles by organically combining the practical sense of veterans who were judges and prosecutors. The team leader is Cho Sang-soo (18th class of the Judicial Research and Training Institute), who has accumulated extensive experience in leading investigations by holding major positions such as the Chief Prosecutor of the Seoul High Prosecutors' Office and the Deputy Chief Prosecutor of the Suncheon Branch of the Gwangju District Prosecutors' Office. Attorney Cho plans to lead the overall constitutional appeal process based on his experience working at the Constitutional Research Center of the Constitutional Court. Attorney Tae-seung Lee (26th class of the Training Institute) was appointed as the deputy team leader in charge of the TF's practical strategy. Attorney Lee served as the head of the Masan branch of the Changwon District Prosecutors' Office and as a constitutional researcher at the Constitutional Court, and is evaluated as having both high-level investigative command capabilities and constitutional insight. Attorney Lee Jun-hee (28th class of the Training Institute), who was a judge, also joined. Attorney Lee, who was dispatched to the Constitutional Court while working at the Seoul High Court and learned related work, plans to focus his core competencies on identifying unconstitutional elements of existing rulings and reflecting them in litigation strategies. In addition, Jeon Hyo-cheol (6 cases), Kim Young-min (8 cases), Kim Dong-jin (9 cases), and Jeong Jun-ki (9 cases), who have experience working at the Constitutional Court and handling related cases, were also named to the task force. Daeryun is expected to demonstrate professional response capabilities encompassing the entire court adjudication process, from initial factual analysis to derivation of constitutional issues. The TF collaborates with professional groups (criminal, civil, and administrative) within the corporation to analyze existing litigation records from various angles. We plan to focus on finding constitutional issues overlooked during the trial and pointing out contradictions in the facts to prove the unconstitutionality of the ruling. In particular, a ‘one-stop rapid response system’ will be operated in line with the characteristics of the system, which requires claims to be filed within 30 days from the date of trial confirmation. As soon as the ruling is received, a former constitutional researcher will conduct an initial review to determine whether it is unconstitutional, and a dedicated team will immediately be formed to begin drafting a request for judgment. The key is to reduce unnecessary administrative procedures and maximize legal perfection within a short period of 30 days. Kim Kuk-il, CEO of Daeryun Management, said, “As the introduction of the court system is a significant change in the judicial system and an opportunity for new rights relief, the assistance of experts familiar with the practice of the Constitutional Court is essential.” He added, “Based on the expertise of the newly launched TF, we will do our best to completely resolve the injustice of our clients and protect their rights.” Reporter Jeong Cheol-wook[View full article] Seoul Shinmun - Daeryun Law Firm launches ‘Court Officer Response TF’ in line with ‘Three Judicial Reform Acts’ (Go here) Aju Economic Daily - [Law Firm Lounge] Daeryun launches 'Tribunal Dedicated Task Force' in line with the three judicial laws (Go here) Gyeonggi Ilbo - Daeryun Law Firm launches ‘Court Judge Response TF’… Forward deployment of experts from the Constitutional Court (Go here)

Dispute over method of calculating production quantity... “It is difficult to determine an act of deception.” Police: “There is a lack of objective evidence to prove collusion and fraud.” It was suspected that people in business relationships conspired to swindle a large amount of transaction money by manipulating transaction statements and falsely claiming warehouse rent, but the charges were dropped as a result of the police investigation. In January, the Busan Police Agency decided not to forward five people, including Mr. A, who was suspected of violating the Act on the Aggravated Punishment of Specific Economic Crimes (fraud). Mr. A, who was an executive, was accused of conspiring with partner company officials for about five years starting in 2020 to submit transaction statements that inflated the coil production quantity to the parts company, and defrauding about 3.1 billion won by overcharging warehouse rent and management costs. They completely denied the charges. The production quantity cannot be judged on a single basis as it is produced by mixing several product numbers, and since raw materials were purchased and used separately from outside in addition to the coils supplied, a simple comparison cannot determine overestimation. In addition, it was explained that warehouse costs have been customarily settled at an amount that includes not only rent but also incidental costs such as forklift costs and management fees. The police decided not to forward the case. This is because it is difficult to prove the deceptive actions of Mr. A and others with only the submitted data. The police explained, “Although the number of parts that can be produced per 1 kg of coil is fixed, we took into account the fact that there are multiple parts instead of one, the unit price per part changes every year, and the fact that the number of products sold by the auto parts manufacturer is greater than the number of parts actually received from partner companies.” Attorney Kim Young-heum of Daeryun Law Firm, which represented the suspects, said, “This incident occurred during a transaction process in which dozens of practitioners participated over a period of five years, and as claimed by the complainant, He pointed out, “Continuing a large-scale fraud secretly for a long period of time is close to impossible in terms of logistics and accounting systems.” He added, “The intention of deception cannot be determined simply by comparing the raw material supply and parts production, and it is difficult to meet the requirements for criminal fraud, especially considering the settlement process approved by the final approval authority and the external raw material supply and demand situation.” Reporter Kim Hee-guk kukie@kookje.co.kr[View full article] Suspicion of inflating coil quantity and rent… 3 billion won special price fraud ‘not sent’ (link)

2019year PF Legal battle underway over loan advisory fees “Advisory area Securities company share, In most cases, refund claims are not established.”Revenue impact is limited…Internal control and contingent liability management are tasks Meritz Securities has passed. 2019Real estate project financing executed in 2018(PF) Development company VC Babylon was involved in the financial advisory fee received during the loan process. ‘Request for refund of unjust enrichment’ A lawsuit is in progress.. Currently, Meritz Securities' financial and internal control risks are all in domestic real estate. PFThe situation is focused on. However, the securities industry and legal community say that this lawsuit is related to Meritz Securities. PF It is assessed that the direct impact on the overall business is likely to be limited..The surface issue of this lawsuit is PF It is a financial advisory fee determined during the loan process.. However, in the market, this is not a simple individual dispute. PF It is interpreted as an extension of the process of adjusting interests between developers and financial companies following the market downturn.. Accordingly, the key issue in this case is 5door5I summarized it with the answer.◆ How do the securities industry and legal circles view the core of this lawsuit? The industry does not view this lawsuit simply as an individual dispute between Meritz Securities and the developer.. recent PF As the market has passed the past boom phase and entered a recession and adjustment phase, there is a continuing movement to look again at past contract structures and fee systems.. In a situation where business conditions have worsened, developers are showing moves to readjust cost burdens., The financial sector is fighting back by maintaining that the fees were received legally under the contract..Securities industry officials commented on this atmosphere. AMr. “today PF As the market is experiencing a recession compared to the past, the developer appears to be making various attempts to improve the situation.”as “However, if there are no problems in the contract process and it is clear that the developer has agreed to it, it will not be easy to claim a refund for the fee payment.”Diagnosed as.Whether or not the developer agrees is a key issue in related lawsuits.. In the legal profession, recently PF There is also an analysis that there are many cases in which securities firms side with lawsuits claiming the return of unjust enrichment for financial advisory fees in loans.. This is related to PF The legal world explains that in many loan contracts, the fact that the developer expressed consent to the details is confirmed in the contract..Kwangdeok Kim, general attorney at Daeryun Law Firm, said: “Financial advice PF This is a matter in which the ratio is set based on an agreement with the developer before contract execution and construction commencement as the securities company's own specialized work within the contract.”saying “The financial advisory commission rate is established on the premise of obtaining the developer's consent to the securities company's professional judgment, and this becomes effective upon signing the contract.”explained.◆ PF How is the financial advisory fee rate setting process structured? To understand this issue, PF It is necessary to first look at the structure in which financial advisory fees are determined.. In the industry PF The loan advisory fee rate is related to the risk of the business., Funding Difficulty, market situation, There is an explanation that it is often decided based on the scope of the role of the financial company.. Ultimately, the commission rate is a result of reflecting business risk rather than a simple cost item..Securities industry insider BMr. “PF The decision to set the commission rate within a loan is made by analyzing the business location and structure of the contract loan and presenting the results reflecting this to the developer as a commission rate to obtain consent.”mentioned.◆ This lawsuit is from Meritz Securities PF What is the impact on the business profit structure? The industry-wide view is relatively consistent.. This lawsuit is from Meritz Securities. PF The possibility of immediately bringing about significant changes to the overall business strategy is limited.. If it is determined that there is no problem with the commission rate setting and contract procedures in this trial, Meritz Securities' existing PF It is unlikely that the business structure will be greatly shaken.. The industry has seen a rise in the frequency of these types of lawsuits this year. PF There are voices saying that it will gradually decrease in line with the trend of reducing non-performing loans in the market..Of course, some burden may arise depending on the results of individual cases, but the industry PF It is not viewed as a variable that can shake up the profit structure.. Rather, regarding this lawsuit PF The interpretation is that it is a dispute resolution process that occurs when a market recession enters a state of adjustment..Securities industry insider CMr. “2026year PF The frequency of related lawsuits is also expected to decrease in the market.”as “This is more important than the risk of individual securities companies. PF This is due to the focus on strengthening the soundness of the market, and there are growing expectations of a reduction in the non-performing loan market.”said.mudfish “A lawsuit like this PF This is an example of an adjustment that occurs when the market transitions from a boom phase to a recession phase in the past. If the market had maintained a boom, it is highly likely that the issue would not have been raised.”added.◆ What should the market look at together?Apart from the lawsuit, what the market is paying more attention to is Meritz Securities' PF Internal control and contingent liability management. Meritz Securities 2019year 10In relation to the new residential-commercial complex construction project in Daegu in February PF In the process of performing financial advisory and arrangement services, deficiencies in internal control were discovered. 2025has been subject to sanctions related to. At the time, the Financial Supervisory Service PF In relation to the charge of the team leader using undisclosed information, the Capital Markets Act54A reprimand was issued based on the article..Currently, Meritz Securities PF real estate, including announcing a reduction plan to manage the increase in contingent liabilities. PF Focusing on reducing exposure.Korea Credit Rating last year 10Through a report from Meritz Securities “Most of our contingent liabilities are domestic real estate PFis focused on”Even though I point out “However, the proportion of Seoul and the metropolitan area is high and the collateral recognition ratio is high.(LTV) Considering such factors, there is a high possibility of reduction.”Highly evaluated.Meritz Securities real estate PF It is interpreted that the challenges faced in business will be financial soundness and internal control capabilities, not legal risks.. Separately from this lawsuit, Meritz Securities PF The need to conduct self-examination of the overall business structure and contract structure is being emphasized..◆ What to look forward to in the future The symbolic meaning of similar disputes may vary depending on how the court organizes its judgment on the securities company's commission rate setting and the developer's consent structure in this lawsuit..PF The market estimates that a significant number of businesses in the metropolitan area have entered the liquidation stage, but in regional areas, there are still unsold and unorganized businesses, so it is expected that it will take some time to completely resolve the possibility of disputes..The Financial Services Commission 2025end of year domestic PF The size of exposure 1branch 191In the garden 3branch 178decreased to trillion won and new PF He also urged active participation from the industry, saying that supply is continuing mainly from businesses with good business prospects.. The securities industry PF the market 2026He explained that if the stable situation is maintained in 2020, similar lawsuits are also likely to decrease..However, the securities firm has been reduced PF In the process of pursuing profits in the market, it is expected that it will be difficult to be excluded from the relevant inspection by the authorities as it is impossible to be free from the commission rate setting process and internal control..In the end, Meritz Securities PF The core of the lawsuit for refund of financial advisory fees is the stagnation rather than the win or loss of individual cases. PF The focus is on how the interests between developers and securities firms are being readjusted in the market.. The industry said that this lawsuit was filed by Meritz Securities. PF Although we believe that the impact on the business profit structure will be limited, we maintain the view that internal control and contingent liability management capabilities need to be separately inspected..In this lawsuit, the factors to pay attention to are condensed into three.. direction of court judgment, PF speed of market recovery, of the authorities PF Market management principle. For this reason, the enforcement and securities industries are keeping a keen eye on the outcome of future trials..NSPCommunications Reporter Lim Seong-su(forest@nspna.com) [View full article] Meritz Securities PF fee refund battle… Market “A case of interest adjustment amid PF recession” (link)

A pharmacy student who was sent on charges of receiving and delivering sleep-inducing prescriptions on behalf of a senior pharmacist at the request of a senior pharmacist was cleared of charges. The Chuncheon District Prosecutors' Office decided not to indict Mr. A, a man in his 20s, who was suspected of aiding and abetting a violation of the Narcotic Drugs Control Act in January due to insufficient evidence. Mr. A used the sleep-inducing drug Stilnox (zolpidem) on two occasions in 2019 and 2020. He was accused of receiving a prescription and providing it to Mr. B, a senior at pharmacy school. At the time of the incident, Mr. A, who was a student at pharmacy school, was working part-time at a pharmacy run by Mr. B. It was investigated that he received this request and handed over the prescription. At the time, Mr. B is known to have requested from Mr. A, “The drug inventory is out of sync due to poor management, so if you receive a prescription, you can match the computerized dispensing details with the actual drug quantity.” However, Mr. B used the prescription handed over by Mr. A and others. It was revealed that he had made a false report by entering false information into the integrated narcotic drug management system as if he had normally dispensed the medicine to a patient. As a result, Mr. B was ultimately sent to trial on charges of illegally possessing more than 80,000 tablets of the drug over a period of 5 years for the purpose of direct administration. Mr. A denied the charges. As a student with insufficient practical experience at a pharmacy, he refused the request of Mr. B, who had considerable influence over current students through support for club activities and recruitment of part-time workers. It was difficult. In addition, he claimed that he only knew that it was for the purpose of 'filling the inventory' and had no knowledge that Mr. B would administer the drug or illegally possess it for a purpose other than that purpose. The prosecution found that Mr. A was not guilty. The prosecution said, "Even looking at the content of the messenger conversation, there are no circumstances found to suggest that Mr. A knew that Mr. The reason for the non-indictment was revealed. Attorney Lee Il-hyung of Daeryun Law Firm, who represented Mr. A, said, "By carefully analyzing the entire mobile messenger conversation history, we presented as objective evidence the circumstances in which the client had no knowledge of the purpose of the senior's crime and rather tried to turn it down around the corner. We achieved a good result by logically explaining the specific hierarchical relationship that made it difficult to refuse the senior's request and proving that there was no intention of aiding and abetting." #Sleep inducer #Not guilty. #Pharmacy student #Prescription #Accident Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] Pharmacy student not prosecuted for giving 'narcotic' prescription to senior at the request of "I need to replenish inventory"... Why? (Shortcut)

The Supreme Court ruled that if re-discipline was imposed after the disciplinary action was canceled due to a procedural defect, the action was legal even if the statute of limitations for disciplinary action had passed from the time of the misconduct. According to the legal community on the 11th, the Supreme Court dismissed the plaintiff's claim and confirmed the union's victory in the appeal of the lawsuit for confirmation of invalidity of honesty filed by Mr. B, an audit employee of Union A (hereinafter referred to as the union), against the union in January. This case dates back to 2015. The union at the time Mr. B, who was an employee in the audit office, was accused of deliberately omitting or concealing the facts of misconduct, such as embezzlement, by a fellow employee. Accordingly, the union dismissed Mr. B for disciplinary action in 2020, but Mr. B objected and filed a lawsuit, and in February 2023, the Supreme Court ruled that the disciplinary dismissal was invalid. Accordingly, the union reinstated Mr. A and lowered the level of disciplinary action, imposing a 'six months of suspension' (second disciplinary action). However, this time, the Local Labor Relations Commission canceled it due to procedural defects. In the end, the union corrected the procedural shortcomings and issued another six-month suspension (3rd disciplinary action) in November 2023. In response, Mr. B filed another lawsuit, saying, “Disciplinary action in 2023 for misconduct in 2015 would have exceeded the statute of limitations for disciplinary action, which is usually 5 years.” The first trial court ruled in Mr. B’s favor. The court ruled that "since a disciplinary decision was requested 5 years after the date on which the cause for disciplinary action occurred, the relevant disposition was invalid due to a defect in which the statute of limitations for disciplinary action had expired." However, the second trial court's judgment was different. The appellate court ruled, "The defendant union's disciplinary regulations (Article 6, Paragraph 4) clearly state that 'when a disciplinary action is invalidated or revoked by the court or the Labor Relations Commission, a disciplinary decision may be made again despite the statute of limitations.'" He stated, “The disposition of the case is in the nature of a retrial after the previous disciplinary action was canceled by the decision of the Labor Relations Commission, so it cannot be considered to have occurred after the statute of limitations for disciplinary action has expired.” He continued, “While in charge of audit work, the plaintiff made a large financial transaction with the offending party, and based on this, he condoned the fact of embezzlement, causing damage to the union.” He added, “Considering that the level of disciplinary action was reduced from the initial dismissal to six months of suspension, it is difficult to view the defendant’s disposition as an abuse of discretion.” It was added. The Supreme Court also dismissed the plaintiff's appeal, believing that the lower court's judgment was justified. Attorney Ik-cheon Cho of Daeryun Law Firm, who represented the union, said, "The first trial pointed out that the statute of limitations had expired, but this case is a 're-disciplinary' procedure that occurred as the previous disciplinary action was invalidated or canceled, so the statute of limitations does not apply," he said. He added, "This is not a request for a new disciplinary decision, but a 'modification' of the legally requested resolution." “It was proven and there was a good result,” he added. #Supreme Court #Disciplinary action #Statute of limitations #Incidence and accident Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] ‘Dismissal → Reinstatement → Re-discipline’... ‘Three disciplinary actions’ over a 10-year period, the Supreme Court’s management finally wins (Go to the link)

Beware of new risks such as AI deepfakes and fake news Ahead of the 9th national simultaneous local elections to be held in June, concerns about election crimes such as fake news using artificial intelligence (AI) deepfakes are growing. From the nomination stage to after the election, the judicial risk management capabilities of candidates and election camps have emerged as a key election task. Daeryun Law Firm announced on the 12th that it launched a task force (TF) dedicated to responding to the 9th national simultaneous local elections last month. It is a structure in which local lawyers from major branch offices across the country and the headquarters' Digital Forensics Center cooperate with attorney In-won Kim. According to statistics from the Supreme Prosecutors' Office, the number of election offenders booked for violations of the Public Official Election Act during the 8th local election amounted to approximately 3,790. In this election, even fake news that exploited AI deepfake emerged as a new threat factor. Regarding the background of the launch of the task force, Attorney Kim explained, "The Public Official Election Act has detailed regulations, so even a simple mistake can be evaluated as an illegal act. The law applies even before candidate registration, and nomination screening and preliminary candidate activities are also subject to legal discipline." In actual practice, there are cases where statements of support for a specific individual or group or posting of online promotional material have been caught as part of a pre-election campaign, or errors in self-introduction materials have led to the publication of false facts. He emphasized, “Early legal analysis and evidence preservation are the key to responding to cases,” and “All public actions in the early stages of an election must undergo prior legal review.” The most frequently occurring illegal acts in the campaign are pre-election campaigning, donations, and publishing false information. SNS postings or sending text messages are often classified as pre-election campaigns. Attorney Kim said, “The law judges actions based on the impact they had on voters rather than the actor’s intention.” Money management also requires caution. If the purpose of use is unclear or a third party bears the costs, it may be judged as illegal political funds. All expenditures must be managed by the person in charge of accounting and documentary evidence must be kept. When an unexpected situation such as a National Election Commission crackdown or search and seizure occurs, the presence and scope of a warrant must be checked and any violations of procedures must be recorded. Attorney Kim said, “The principle is that all comments and data submissions are made after consulting with a lawyer,” and “The response in the first few hours determines the direction and outcome of the subsequent investigation.” In this election, digital election crimes using AI deepfake are also a major variable. False videos, synthetic voices, etc. can spread in a short period of time and lead to defamation and election interference. Attorney Kim said, “We must request deletion as soon as damage occurs, secure the distribution route, and verify whether it has been manipulated using forensic technology.” The TF has a system in place to secure evidence in cooperation with the corporation's own forensic team. Attorney Kim In-won said, "Elections are a legal and moral process that goes beyond competition and gains the public's trust," and suggested, "The most powerful strategy will be to conduct a transparent and fair campaign within the bounds of the law." He added, “We will do our best to make this local election an exemplary election based on legal expertise and fairness.” Reporter Hwang Jeong-won (garden@sidae.com)[View full article] Attorney Kim In-won, “Local election judicial risk, early legal response is essential” (link)