Press Coverage

Ex-lover filed a complaint by splicing together only the favorable parts of the conversation...Defended by restoring the omitted messages A man in his 40s who had been under investigation on suspicion of assaulting his ex-lover and forcing her to write a written statement cleared his name by restoring deleted text messages. Upon checking the entire content of the conversation, it turned out to be the other party's one-sided claim. According to the legal community on the 4th, the Seoul Seocho Police Station made a decision of non-referral on April 2 regarding Mr. A, who had been investigated on charges of violating the Act on the Aggravated Punishment of Specific Crimes (assault of a driver, etc.), coercion, and intimidation. A non-referral is a disposition in which the police, after completing the investigation, determine that no crime was committed and end the case without referring it to the prosecution. Mr. A was suspected of engaging in threatening behavior toward his ex-lover while she was driving in 2023 and of coercing her into preparing a notarized deed during a dispute over money. Mr. A argued that he had rightfully demanded the return of money he had lent, and that some of the conversation content had been edited differently from the actual situation before being submitted. The police determined that, apart from the complainant's claims, there was insufficient objective evidence to prove the assault of a driver. His statement that, while arguing during driving, he momentarily grabbed the steering wheel to prevent an accident when the other party was not looking ahead properly, was also accepted. As for the coercion charge, he also received a no-suspicion disposition, as circumstances were found in other messages that the complainant had hidden, showing that the two had normally settled money and discussed an agreement. Attorney Lee Tae-seung of Daeryun LLC, who represented Mr. A, said, "It was a case where multiple charges were filed all at once as the conflict between the lovers deepened," adding, "Through digital forensics, we restored omitted content such as emails and text messages and proved the actual flow of the conversation." Attorney Lee continued, "By specifically presenting materials contradicting the other party's statements, we were able to clear all charges." Reporter Hwang Jeong-won (garden@sidae.com) [Read Full Article] Nearly Fell Victim to "Devil's Editing"...False Charge of "Assaulting an Ex-Lover," Saved by Restoring the Conversation Log (Go to link)

Indicted on charges of leaking blank cartridges received at a 2010 military competition Court: "Even the color of the bag handed over conflicts, so it lacks credibility" A reservist in his 30s who was put on trial on charges of embezzling blank cartridges distributed at an army event more than 10 years ago and passing them to another person was acquitted by the court. This was because the defendant's argument was accepted—that those who were caught possessing blank cartridges at the airport engaged in a so-called "pass the parcel"-style shifting of responsibility to avoid punishment, and that he was falsely accused. According to the legal community on the 5th, the Third Regional Military Court recently acquitted reservist Mr. A, who had been indicted on charges of embezzling military supplies. Mr. A was put on trial on charges of, in 2010, failing to return the blank cartridges and cartridge cases distributed to him when he participated in an army competition, secretly taking them out of the unit, and giving them to an acquaintance as a souvenir. The investigation of Mr. A began 14 years later, in 2024, when Mr. B, who runs a survival goods shop, was caught possessing blank cartridges at Incheon Airport. At the time, when pressed about the source of the blank cartridges, Mr. B stated, "I received them from an acquaintance, Mr. C." Mr. C then claimed, "The blank cartridges in question were something I received from Mr. A, a fellow non-commissioned officer during military service 14 years ago, and had kept, and recently handed over to Mr. B," and the military prosecution indicted Mr. A based on this statement. Mr. A completely denied the military prosecution's charges. He countered, "During my military service I worked as the inspection team leader at the ammunition depot, so I know the strictness of ammunition management better than anyone, and even after discharge I am engaged in military supply-related work, so I have no motive whatsoever to commit the crime." He also argued, "The statements of Mr. B and Mr. C are nothing more than an evasion of responsibility to avoid their own punishment, and claims about something from 14 years ago without specific verification lack credibility." The court accepted Mr. A's argument and acquitted him. The court judged, "The lot number (Batch Number) of the blank cartridges caught at the airport is a number that was widely used in various competitions at the time, and this alone cannot conclude that Mr. A leaked them." It also found that the credibility of the acquaintances' statements was low. The court stated, "Mr. C's statement that he kept the bag received from Mr. A 14 years ago without even checking its contents and then handed it over to Mr. B as it was is difficult to accept as common sense." It also pointed out, "While Mr. C said he gave Mr. B a black plastic bag, Mr. B stated he received a transparent plastic pack—the two men's statements about the color and shape of the bag handed over do not match." Attorney Seo In-ho of Daeryun LLC, who represented Mr. A, explained, "This case was one in which the client, a former reserve sergeant first class, was unreasonably indicted based solely on the responsibility-evading statements of third parties trying to avoid their own criminal charges," adding, "Through a legal response that denied the identity of the evidence and impeached the credibility of the statements, we were able to obtain an acquittal." Reporter Son Jong-uk handbell@kyeonggi.com [Read Full Article] 14-Year-Old Blank Cartridge "Pass the Parcel" That Started at Incheon Airport...Reservist in His 30s Acquitted (Go to link)

Attorney Son Gye-jun, Daeryun LLC (Limited) In industrial fields, large corporations and small and mid-sized enterprises often build cooperative relationships and pursue mutual growth. However, in the actual business field, unfair practices exploiting the superior position of large corporations still occur frequently. In particular, for small-scale partner companies that depend on a specific large corporation for a significant portion of their sales, the reality is that they are inevitably exposed, helpless, to the excessive demands of the prime contractor. Among the various types of unfair trade, there is an act that most directly and fatally threatens the very existence of small and mid-sized enterprises: the "unfair refusal to deal" that unfairly reduces or suspends work. An unfair refusal to deal refers to the act of drastically reducing orders without reasonable grounds to a partner company that has traded for a long time, thereby effectively making it impossible to maintain the business. Large corporations usually take the approach of gradually reducing work under pretexts such as management efficiency, internal policy changes, or volume distribution, rather than a unilateral contract termination. At this point, when the partner company feels the threat to its survival and protests, in most cases the large corporation justifies its conduct by claiming that deciding on trading partners and volumes is the company's managerial freedom and the principle of freedom of contract. However, market logic or the freedom of contract cannot be an indulgence for all tyranny. The Supreme Court and the Fair Trade Act regard it as clearly unlawful for a large corporation to abuse its superior position to deprive a counterpart—who finds it hard to find an alternative trading partner—of trading opportunities and shake its business foundation. This is because unilaterally and drastically reducing trade volume by exploiting one's position, despite the absence of objective and reasonable grounds such as a supplier's serious negligence, quality defects, or continuous delivery delays, constitutes an unfair trade practice that the Fair Trade Act strictly regulates. In fact, I have represented a company driven to the brink of closure due to a large corporation's unfair cutting of work. Company A, a small-scale company in the packaging and logistics field, had traded exclusively with large corporation B for more than 20 years. But one day, Company B began reducing work under the pretext of efficiency, and even continued unfair pressure such as suddenly surging the volume and then shifting blame by claiming the deadlines could not be met. Ultimately, Company A's volume plummeted to less than half, and it was driven into a crisis of having to worry about immediate closure. This was a matter that, beyond a simple reduction in volume, clearly met the requirements for a violation of the Fair Trade Act—namely, a trade reduction without reasonable grounds. I submitted a complaint to the Fair Trade Commission after closely analyzing the objective facts and legal principles, and led Company B—which feared strong sanctions—to the negotiating table, drawing out an amicable settlement. As a result, Company A was able to receive compensation for its actual damages and successfully recover its rightful rights. Likewise, if you are placed in management difficulties due to a large corporation's unfair trade measures, you must not endure indefinitely or give up. Since the core of the dispute lies in objective proof, it is more important than anything to thoroughly retain materials such as emails and messenger content exchanged with the prime contractor, meeting minutes, and purchase orders. It is also wise to leave written records confirming the content even when unfair instructions are given verbally. Unfair trade cases are a field that simultaneously requires an understanding of industry characteristics and complex interpretation of legal principles. If you are suffering unjust harm, you must actively protect the company's rightful rights and interests by receiving expert assistance from the early stage of the case. [Read Full Article] Work Dries Up on the Pretext of "Management Efficiency"···Unfair Refusal to Deal That Threatens the Survival of Small and Mid-Sized Enterprises (Go to link)

-Legal Column by Attorney Kim Kwang-deok, Daeryun LLC (Limited) Recently, at an airline, an incident occurred in which the cabin crew labor union filed a complaint against management officials on charges of unfair labor practices. It was triggered by a recording of a phone call by a staff member suggesting that those with a union background would be excluded from promotion. The company side pleads that it was "private conversation between individuals," but whether it is unlawful is expected to be concluded based on legal judgment. This incident has great implications for corporate HR and labor affairs personnel. This is because even a joke carelessly thrown out in the field or an expression of personal opinion can be regarded as an "unfair labor practice" prohibited by the Trade Union and Labor Relations Adjustment Act (the Trade Union Act). The unfair labor practice system, designed to protect workers' three labor rights, is a key device for maintaining the balance of power between labor and management. The current Trade Union Act broadly classifies these into four types: △dismissal or disadvantageous treatment on grounds such as joining a union △employment conditioned on joining or leaving a specific union (yellow-dog contract) △refusal of or neglect in collective bargaining without justifiable reason △domination of and intervention in the organization and operation of a labor union and support of operating expenses. What is most frequently disputed in corporate practice is, by far, "disadvantageous treatment" and "domination and intervention." For example, giving a union member a low work rating without reasonable grounds or passing them over for promotion is a representative case of disadvantageous treatment. Also, discriminating against a specific union in the bargaining-window unification procedure (violation of the duty of fair representation) is all included within the category of unfair labor practices. The sanctions for such violations are by no means light. If a remedial order of the Labor Relations Commission is not complied with, one faces not only a fine but also, in the case of violating a confirmed order, heavy criminal punishment of imprisonment of up to 3 years or a fine of up to 30 million won. Separately from the remedial order, direct criminal punishment for the unfair labor practice itself—imprisonment of up to 2 years or a fine of up to 20 million won—may also be imposed. In particular, it is necessary to pay attention to the trend of Supreme Court precedents (2023Du41864). Normally, an application for remedy for an unfair labor practice must be made within 3 months from the date the act occurred, but when a disadvantage such as wage discrimination due to performance appraisal or being passed over for promotion continues, this is regarded as "one continuous act," and the remedy application period is broadly recognized. This means that even a company's past HR measure can flare up into a legal risk at any time if its influence continues to the present. Unfair labor practices become the decisive evidence—the "smoking gun"—proving the employer's "intent" when scattered fragments such as interview content, emails, and internal notices come together. Therefore, companies must build a concrete defense system that can operate immediately. They must establish a speech-and-conduct manual for managers to fundamentally block a carelessly thrown remark from escalating into a legal crisis, and thoroughly objectify and document HR and disciplinary standards to have indicators proving the legitimate exercise of HR authority. Above all, decisions with a high potential for labor-management conflict must necessarily go through prior review by a labor-specialist legal professional, and the institutionalization of decision-making that preemptively filters out judicial crises is needed. Reporter Lee Dong-oh (canon35@mt.co.kr) [Read Full Article] "Excluded from Promotion If You Join the Union"...What Are the Legal Issues of Unfair Labor Practices in Private Remarks? (Go to link)

Slightly exceeded the 0.03% drunk driving enforcement standard. Requested a formal trial against a summary order of a 2 million won fine. Court: "Cannot conclude the punishable level was exceeded at the time of driving." A driver who had received a summary order of a 2 million won fine after being caught by police for drunk driving requested a formal trial and was acquitted. According to the Busan District Court Eastern Branch on the 2nd, Mr. A, a man in his 60s indicted on charges of violating the Road Traffic Act (drunk driving), was recently acquitted. Mr. A received a summary order of a 2 million won fine on charges of driving about 100 meters with a blood alcohol concentration of 0.034% on a road in Busan last year. However, Mr. A requested a formal trial, arguing that because the blood alcohol concentration measured at the time of enforcement slightly exceeded 0.03%, the lowest punishable level, it was difficult to conclude that the level was exceeded at the point when he was actually behind the wheel. Mr. A also argued that, citing the fact that the drunk driver report prepared by the police recorded his speech and behavior as "good," he was not outwardly in an intoxicated state. The court acquitted Mr. A. The court stated, "Since there was a time gap between the point when the defendant ended driving after being caught for drunk driving and the point when the breath test was conducted with the breathalyzer, it is highly likely that the blood alcohol concentration was in the rising phase at the time of measurement," adding, "It cannot be ruled out that the blood alcohol concentration figure rose by 0.004% or more during this interval." Attorney Park Seong-jun of Daeryun LLC, who represented Mr. A, added, "When the blood alcohol concentration slightly exceeds the punishment standard, one must legally scrutinize the rising phase of blood alcohol concentration between the point driving ended and the point of actual measurement," saying, "Based on factors such as the interval between the time drinking ended and the time of enforcement, we objectively proved the possibility that at the point when he was actually behind the wheel the level did not exceed the punishment threshold, and drew out an acquittal." However, Attorney Park emphasized, "Regardless of enforcement, when you have been drinking, you must make it a habit not to get behind the wheel." Reporter Baek Jae-hyun (itbrian@newsis.com) [Read Full Article] Why Was a Man in His 60s Caught for Drunk Driving Acquitted?..."Rising Phase of Blood Alcohol Concentration Taken into Account" (Go to link)

Daeryun LLC announced on the 2nd that it has signed a memorandum of understanding (MOU) with the Jeju Special Self-Governing Province Architects Association for regional architecture development and legal support for architects. The signing ceremony, held on May 15 at Daeryun's Jeju branch office, was attended by key figures including Daeryun Representative Kim Kook-il, attorneys Ko Seung-seok, Park Yong-du, and Choi Kwang-hyun, and from the Jeju Special Self-Governing Province Architects Association, vice chairmen Kim Jong-chan and Jang Mi-ryang, regional chairman Park Yong-ho, auditor Jwa Gyeong-ung, and secretary-general Jin Yeong-gwon. The Jeju Special Self-Governing Province Architects Association is a leading regional architects' organization established starting with the inaugural founders' general meeting of the Jeju Island branch in 1965. Based in Jeju Island, it is active across all areas of architecture, including design, supervision, licensing and permits, and urban planning, and pursues various projects for the development of architectural culture, the promotion of architects' rights and interests, and community contribution. Through this agreement, the two organizations plan to cooperate closely in various fields, including ▲legal advisory and dispute response support related to architecture ▲prevention of legal risks arising in the course of architectural practice ▲exchange of information on laws and systems in the architecture field ▲promotion of joint cooperative projects for regional development ▲operation of legal education and advisory programs for architects. In particular, Daeryun plans to provide expert advice on multifaceted legal issues that architects face in practice—such as contracts, construction payments, defects, licensing, and administrative regulations—and to offer substantive support through building a legal response system in the architecture field and providing legal guides. Jeju Special Self-Governing Province Architects Association vice chairman Kim Jong-chan said, "As the role and responsibility of architects expand, preemptive legal review and response in practice have become more important than ever," adding, "We hope this agreement will serve as an occasion to support members' professional performance of their work and contribute to the development of regional architectural culture." Daeryun Representative Kim Kook-il said, "Architecture is a highly specialized field that designs the future value of cities and regions," adding, "We will provide substantive solutions to the various legal difficulties that Jeju regional architects experience." He further added, "Based on Daeryun's cross-border capabilities, we will also be a reliable legal partner in the process of global architectural exchange and overseas expansion." Meanwhile, Daeryun is expanding the scope of its cooperation with companies, institutions, associations, and professional organizations based on its nationwide branch offices, and is strengthening customized legal services in major industrial fields including construction, real estate, and architecture. P&P News / Reporter Seo Gwang-seok gosiweek@gmail.com [Read Full Article] Daeryun Signs MOU with Jeju Special Self-Governing Province Architects Association...Cooperation for Regional Architecture Development and Legal Support for Architects (Go to link)

A driver in his 40s who had his license revoked after being caught driving under the influence twice won an administrative lawsuit filed against the police and recovered his license. At the first arrest, the blood alcohol concentration was 0.030%, the threshold for drunk driving, but the measurement was taken more than 10 minutes after driving ended, and since this fell within the rising phase of blood alcohol concentration, the court judged that there was a possibility the standard was not exceeded during the actual driving. According to the legal community on the 1st, the Changwon District Court on April 15 ruled in favor of the plaintiff in a lawsuit filed by Mr. A against the Gyeongnam Provincial Police Agency to revoke the revocation of his driver's license. Mr. A was caught driving under the influence in 2023. His blood alcohol concentration at the time was 0.030%. This is the figure corresponding to the threshold of the "intoxicated state" in which driving is prohibited. He was subsequently caught again in 2024 driving with a blood alcohol concentration of 0.048%. Accordingly, the police revoked Mr. A's driver's license under the Road Traffic Act, which requires license revocation when a person drives under the influence two or more times, even if the blood alcohol concentration is at the license-suspension level (0.030% or higher but below 0.080%). Mr. A appealed and filed an administrative lawsuit. He argued that at the first drunk driving arrest, the breath measurement was taken a certain time after driving ended, and since that point fell within the rising phase of blood alcohol concentration, the level was below 0.030% while he was actually driving. On this basis, Mr. A argued that since he had been caught driving under the influence only once, his license should not be revoked. The court accepted Mr. A's argument. Generally, blood alcohol concentration is known to reach its peak between 30 and 90 minutes after drinking ends. At Mr. A's first drunk driving arrest, the blood alcohol concentration measurement was taken 31 minutes after drinking ended and 16 minutes after driving ended, so it fell within the rising phase. On this basis, when the court applied the "Widmark formula" used by investigative agencies, Mr. A's blood alcohol concentration at the time of driving was calculated as 0.0295%. The Widmark formula is a method used by investigative agencies to back-calculate the blood alcohol concentration at the time of driving when they conduct a breath test on a driver some time later. For this reason, the court found that it could not conclude that Mr. A's blood alcohol concentration at the time of driving reached 0.030%. Since his first drunk driving record was not recognized, the court judged that the license revocation based on "being caught driving under the influence twice" was unlawful. Attorney Ko Jeong-hang of Daeryun LLC, who represented Mr. A, said, "The key to winning was meticulously reviewing the legal validity of the past record that served as the basis for the license revocation," adding, "A mechanical disposition cannot be made simply because there is a past record, and by scientifically analyzing the time difference between the measurement point and the driving point, we were able to correct the client's unjust harm." Reporter Jeong Cheol-wook [Read Full Article] 0.03% on Breathalyzer 16 Minutes After Leaving the Wheel...Court Says "Considering the Rising Phase, Below the Enforcement Standard" (Go to link)

Attorney Chae Yeong-jae, Daeryun LLC Article 24, Paragraph 4 of the Pharmaceutical Affairs Act provides that when a pharmacist compounds a drug, the pharmacist shall provide the necessary medication guidance to the patient or the patient's guardian. Here, medication guidance is not merely a procedure of adding a formal explanation while handing over the compounded drug. It is a core obligation under the Pharmaceutical Affairs Act to enable patients to use drugs safely and appropriately by providing information on the name, dosage and administration, efficacy and effects, storage methods, side effects, and interactions of the drug. The problem arises when the patient cannot visit the pharmacy in person. In particular, residents of elderly medical welfare facilities such as nursing homes often find it difficult to submit prescriptions, receive compounded drugs, and understand and manage medication methods on their own due to dementia, stroke, or mobility impairment. In such cases, the practice arises where a nursing facility worker visits the pharmacy with the prescription, requests compounding, and receives the compounded drug. In such cases, the question arises as to whom the pharmacist should provide medication guidance, and whether the nursing facility worker can be regarded as a "patient's guardian" under the Pharmaceutical Affairs Act. The Pharmaceutical Affairs Act does not separately define the meaning of "patient's guardian." That does not mean, however, that the patient's guardian must be limited only to relatives such as spouses, lineal ascendants and descendants, or siblings. The purpose of medication guidance under the Pharmaceutical Affairs Act is not to confirm the status relationship with the patient, but to ensure that the compounded drug is safely delivered to the patient and correctly taken. Therefore, the counterpart of medication guidance should be determined not by a formal kinship relationship alone, but by whether the person is in a position to actually manage the patient's drug intake and storage. The Welfare of Senior Citizens Act likewise regulates the guardian not as limited to a support-obligated person in a kinship relationship, but with the intent of including even a person who in fact protects the elderly through relationships such as work or employment. An elderly medical welfare facility is responsible for the health management and medication management of its residents, and under its operating standards, certain personnel such as nursing staff and care workers are assigned to protect residents at all times. Therefore, if a nursing facility worker, in the course of performing the facility's duties, visits the pharmacy with a resident's prescription and receives the compounded drug and medication guidance from the pharmacist, it is difficult to regard that worker as a mere errand-runner. However, the mere circumstance of being a nursing facility worker does not automatically make every case lawful. Article 50, Paragraph 1 of the Pharmaceutical Affairs Act prohibits pharmacy establishers, etc., from selling drugs at a place other than the pharmacy or store. Since the sale of a drug consists of a series of acts such as ordering, compounding, delivery, and medication guidance, what matters is whether the major part of these was carried out inside the pharmacy by the pharmacist. If a nursing facility worker, in the position of the patient's guardian, visited the pharmacy, submitted the prescription, received the drug compounded inside the pharmacy, and received medication guidance from the pharmacist, the major part of the drug sale can be assessed as having been carried out inside the pharmacy. Conversely, when a third party who is not a nursing facility worker receives the compounded drug, the situation is different. If it is not confirmed that the third party is a family member of the patient or is in a position to protect the patient and manage medication under law, contract, or in fact, it is difficult to regard them as the patient's guardian under the Pharmaceutical Affairs Act. In this case, the pharmacist would have failed to properly identify the counterpart of medication guidance, and there is a further risk that the substantive part of the delivery of the compounded drug and the medication guidance may be assessed as having been carried out outside the pharmacy through a non-pharmacist. Meanwhile, the Pharmaceutical Affairs Act does not explicitly state that when providing medication guidance to a patient's guardian, the pharmacist must confirm and retain a power of attorney, identification card, employment certificate, etc. Unlike provisions that establish separate documentary requirements, such as the proxy prescription receipt system or the compounding-record inspection system under the Medical Service Act, the medication guidance provision itself does not specifically stipulate such a confirmation obligation. Therefore, it is necessary to be cautious about immediately concluding that there is a violation of the medication guidance obligation solely on the ground of failure to confirm documents, without an express legal basis. However, in practice it is dangerous to leave no records at all. When a pharmacy repeatedly dispenses compounded drugs for nursing facility residents, it needs to internally record the recipient's name, affiliated facility, position, contact information, time of receipt, and method of medication guidance. Even if there is no explicitly stated legal obligation to retain a power of attorney, this is because, in a later on-site investigation or administrative disposition procedure, the pharmacist must be able to explain that they actually provided medication guidance to the patient or the patient's guardian inside the pharmacy. Nursing facilities, too, must move away from the approach of simply sending personnel to pick up the drugs. They must establish procedures whereby a staff member in charge of the residents' medication management receives the compounded drug and connects the medication guidance received from the pharmacist to medication management within the facility. In particular, a structure in which an outsider, an acquaintance of a commissioned physician, or a driver whose protective relationship with the patient is unclear receives the compounded drug can be a legal risk for both the pharmacy and the facility. Ultimately, the core of the medication guidance obligation under the Pharmaceutical Affairs Act is not formal documents but patient safety. When the patient cannot receive medication guidance in person, the focus of the judgment becomes who actually protects the patient and manages the drug intake, and whether the pharmacist provided sufficient medication guidance to that person inside the pharmacy. The practice of nursing facility residents receiving compounded drugs must be designed to fit the purpose of the Pharmaceutical Affairs Act—patient protection and drug safety—rather than convenience. |Contribution| Attorney Chae Yeong-jae, Daeryun LLC [Read Full Article] [Contribution] Nursing Facility Residents' Receipt of Prescription Medication and the Pharmacist's Duty of Medication Guidance (Go to link)

Attorney Kim Jin-won, Daeryun LLC (Limited) There are no few cases where expressions of affection toward children go beyond everyday goodwill and escalate into legal disputes. A representative example is patting the head or holding the hand of a child encountered at a park or playground simply because the child is cute. One may plead that it was well-intentioned, but the court's recent criteria for judgment operate far more strictly than in the past. The most important criterion is whether it was physical contact against the other person's will. Indecent assault by force is not established only when strong physical force is involved. So-called "surprise molestation," carried out suddenly against the other person's will, is in itself regarded as an infringement of the right to sexual self-determination. In other words, even a part of the body generally considered non-sensitive, such as the back of the hand or the shoulder, can sufficiently become subject to punishment depending on the situation and context. In particular, when the victim is a child or adolescent, the matter is very grave. In such cases, the "Act on the Protection of Children and Adolescents against Sexual Abuse" (the Child and Adolescent Act) applies, and the level of punishment is drastically strengthened. Children are considered to have a lower ability to perceive situations than adults and to find it difficult to clearly express refusal. Therefore, the defense that "there was no sexual intent" is not easily accepted in practice. Even if there was no actual contact, if one has commenced execution, such as by reaching out a hand toward a body part, one can be punished even for attempted indecent assault by force. The reason the court applies such a strict standard is that, in judging whether child molestation occurred, it prioritizes "social norms" over the actor's subjective motive. Considering the characteristics of children who are in the process of forming their sexual values, the court recognizes the intent to molest within a far broader scope than the adult standard. This is why the claim that one simply touched because the child was cute is difficult to justify legally. Ultimately, whether "sexual freedom was infringed" is strictly examined by comprehensively considering the specific situation at the time, the part of contact, and the relationship with the child. Attorney Kim Jin-won of Daeryun LLC advised, "If you become unexpectedly embroiled in child molestation charges, the act of panicking and directly visiting the victim child or their parents to apologize must be approached with extreme caution. This is because it can be perceived as circumstances admitting the charges, or misunderstood as additional harm." He emphasized, "From the early stage of the case, you must receive the assistance of an attorney specializing in sex crimes and legally reconstruct the fact that there was no sexual purpose in the conduct at the time. Only by promptly securing objective materials such as dashcam or CCTV footage and demonstrating that the situation at the time fell within the category of everyday goodwill can you prevent serious disadvantages such as an unjust sex-offender stigma and employment restrictions." ● Contributions from external writers may differ from this publication's editorial direction. Kyeonggi Ilbo webmaster@kyeonggi.com [Read Full Article] [Contribution] Criminal Punishment for Patting a Child Because They're Cute?...The Court's Criteria for Judging Child Molestation (Go to link)

Daeryun LLC announced on the 29th that it has signed an MOU with the Jeju Gallery Association, an artist organization in the Jeju region, and will work to revitalize regional art and provide legal support for artists. The signing ceremony, held on the 15th at the Ieum Gallery in Jeju, was attended by key figures from both sides, including Daeryun Representative Kim Kook-il, attorneys Ko Seung-seok and Choi Kwang-hyun, Jeju Gallery Association Chairwoman Lee Hee-suk, founding chairwoman Kang Myeong-sun, senior vice chairman Jeong Hyeong-jun, vice chairwoman Heo Yeong-mi, finance director Park Eun-hee, and secretary-general Hong Rin. The Jeju Gallery Association, which began in 2021 as a gathering of gallery representatives, is a leading artist organization that currently drives the development of culture and art in the Jeju region, including hosting the Jeju International Art Fair based in Jeju. Through this agreement, Daeryun plans to provide systematic legal assistance to help resolve various legal uncertainties faced by regional artists and to expand the standing of K-Art in overseas markets beyond Korea. Specifically, the two sides plan to cooperate in various areas, including ▲building a legal response system for matters such as artists' work exhibitions and copyright protection ▲providing customized legal consulting for overseas market entry and expanding K-Art exports ▲regular exchange of trends and legal information in the art field along with community coexistence. Jeju Gallery Association Chairwoman Lee Hee-suk expressed her expectations, saying, "This cooperation will serve as a stepping stone for Jeju regional artists with artistic merit to expand into the global market without legal constraints." Daeryun Representative Kim Kook-il emphasized, "By supporting a partnership with the artists leading K-Art, we will realize the social value of legal services," adding, "We will fulfill the law firm's role as a facilitator helping to revitalize K-Art exports not only domestically but also overseas." Meanwhile, Daeryun provides customized legal solutions in the global market beyond Korea and contributes to the national interest through connections with various industries, cultural and artistic organizations, and companies. P&P News / Reporter Lee Su-jin gosiweek@gmail.com [Read Full Article] Daeryun Signs MOU with Jeju Gallery Association..."Legal Support for Regional Artists and Assistance for K-Art Exports" (Go to link)