Press Coverage

A soldier who sexually harassed his superior received a ‘demotion’ and filed a lawsuit for cancellation… “The statement was made only once with an ambiguous meaning.” The court said, “Considering that he committed it once… Demotion, which is the most severe discipline, violates the principle of proportionality.” The court ruled that demotion to fellow soldiers for insulting their superiors once was excessive. According to the legal community on the 20th, the 2nd and 3rd administrative divisions of the Uijeongbu District Court ruled in favor of the plaintiff in the suit to cancel the demotion filed by A, a man in his 20s, against an army official on the 30th of last month. Mr. A was demoted last year for sexually harassing two superiors in front of fellow soldiers in 2022 while he was serving in the military. However, Mr. A filed an appeal, claiming that the disposition was not legal. He did not commit an insult by referring to a specific person, and only spoke once in an ambiguous expression. The military, which reviewed the case, dismissed it, and Mr. A filed an administrative lawsuit in court. The military countered that the filing of the lawsuit itself was illegal because Mr. A had already been discharged from the military. It was also emphasized that there was no coercive investigation and that Mr. A had made insulting remarks by specifying the victims' names. The court ultimately ruled in Mr. A's favor. The court first judged Mr. A's lawsuit as legal, saying, "The plaintiff received a reduced salary from the time of his demotion until he was discharged," and "If the disposition is canceled, he can be considered to receive compensation for the financial disadvantage." He continued, "In some of the plaintiff's remarks, he mentioned the names of the victims and committed sexual insults. The degree of misconduct cannot be said to be light," but added, "Considering that he committed it only once in the presence of soldiers, the most severe disciplinary action, demotion, is excessive." He added, "It violates the principle of proportionality." Heo Seong-guk, a lawyer at the law firm Daeryun who represented Mr. A, explained, "The disciplinary committee determined that there were aggravated grounds for reasons such as 'severe sexual humiliation' and 'multiple harassment at the same opportunity,'" adding, "However, since Mr. Reporter Seohyun Lee (sunshine@kyeonggi.com)[View full article] A soldier who insulted his superior in front of his colleagues was demoted... Law “Excessive Disposition” (Shortcut)

Daeryun Law Firm is the first domestic law firm to introduce the ‘Litigation Quality Assurance System’ and begin providing responsible legal services. In addition, it announced on the 20th that it has implemented the 'Daeryun Members Guarantee System', which allows refunds at any time if you are not satisfied with the membership service, and has started operating the so-called 'double guarantee system'. The 'Litigation Quality Guarantee System' is a system that takes immediate corrective action if the client expresses dissatisfaction during the course of the case, and refunds the fee if the dissatisfaction is not resolved. It is considered an unprecedented attempt in the domestic legal market in that the law firm itself guarantees the quality of legal services. The purpose is to guarantee the quality of legal services, secure customer trust by establishing a system that allows immediate response and even refunds in the event of customer complaints, and spread a culture of responsibility in legal services. Daeryun explained that it has designed a structure that takes responsibility in a reasonable way if the three standards of professional case performance, transparent procedures, and faithful communication are not met. Daeryun Kim Kuk-il, CEO of Daeryun, said, "Daeryun has been aware of the problem related to refunds for a long time and has been seeking ways to respond. As a worker in the same industry, we are concerned about the recent behavior of some law firms, such as lack of communication and non-refundability after 3 days," and added, "We have established our own responsibility structure under the principle that the customer should be the center of legal services." He explained, “We have stipulated it and prepared institutional supplementary measures.” In addition, Daeryun operates a separate team in charge of refunds, and when a request for a refund is received from a client, it checks the progress of the case and calculates the deductible amount according to the standards. The plan is to simplify the process as much as possible to reduce the inconvenience of the client, while analyzing the cause after the refund to reflect it in improving service quality. CEO Kim said, "There may be some cost burden in the short term, but in the long term, it is an investment that builds customer trust." “The ultimate goal is to create an environment where law firms can provide a level of service that leaves no room for doubt and where clients can entrust their cases with trust,” he said. Eunhye Lee (zhses3@joseilbo.com)[View full article] Tax Ilbo - Daeryun Law Firm, the first domestic law firm to introduce the ‘Litigation Quality Assurance System’ (Click here) MBN - “Proving customer satisfaction through quality”… Daeryun implements Korea’s first litigation quality assurance system (Click here) Seoul Shinmun - Daeryun Law Firm introduces ‘Litigation Quality Assurance System’… Responsible for refund in case of dissatisfaction (click here) KBC Gwangju Broadcasting - Daeryun Law Firm declares ‘quality assurance’ for legal services (link) Law Leader - Daeryun Law Firm, the first domestic law firm to declare ‘Legal Service Quality Guarantee’ (Click here)

A man in his 30s who was handed over to the prosecution on charges of opening the common front door and visiting the victim after opening the common front door and visiting the victim's residence was cleared of charges. On the 2nd of last month, the Busan District Prosecutors' Office decided not to indict Mr. A, a man in his 30s who was sent on charges of trespassing. Mr. A entered the apartment through the common front door on two occasions in August and went to the front of the victim B's house. He was accused of visiting. Mr. B claimed that Mr. A came to threaten him even though he had expressed his refusal several times. On the other hand, Mr. A denied the charges. I sent a text message to Mr. B before the visit and explained that I intended to meet him for the purpose of conversation, not threats. Mr. A claimed, “I went to the residence of Mr. B to resolve misunderstandings and express his thoughts face-to-face with Mr. B’s family,” and that “the victim did not clearly express his intention to refuse by actively communicating with him until just before the visit.” The prosecution ruled that Mr. A was not guilty. The prosecution said, “The suspect entered through the common front door by calling the household rather than entering a password,” and added, “Considering the fact that the victim came down in the elevator with the suspect or the suspect attempted to enter the victim’s house, it is difficult to say that there was an intention or inception of the home invasion.” Kim Jin-won, an attorney at law firm Daeryun who represented Mr. “It must be based on behavior,” he said. “He sincerely explained that Mr. A’s behavior was not an abnormal method of access.” Digital Content Team[View full article] “Household call, not abnormal entry”… Man in his 30s acquitted of home invasion charges (Click here)

“Investment for the next relationship with customers” Pay attention to whether there will be a change in the industry practice of leaving it only in the hands of law firms. On the 20th, Daeryun Law Firm declared the introduction of the ‘Litigation Quality Assurance System’, the first domestic law firm to do so. He also added that the 'Daeryun Member Guarantee System', which allows refunds at any time if you are not satisfied with the membership service, will be implemented. Attention is being paid to whether Daeryun's move will bring about a change in the industry's practice of leaving cases to law firms until the results are obtained. In an interview with Newsis on the same day, Daeryun CEO Kim Kook-il emphasized, "The emphasis of this system is on guarantees, not refunds." CEO Kim commented, "It means that we have not simply left open the possibility of a refund, but have objectively inspected the quality of legal services and established a system to institutionalize it." Next, a Q&A with CEO Kim Kuk-il. - Please briefly explain the litigation quality assurance system. "Literally, we will take responsibility for the legal services provided by Daeryun. We promise professional case performance, transparent procedures, and faithful communication, and have designed a structure to take responsibility in a reasonable manner if these standards are not met." This means that if the client expresses dissatisfaction with the legal service, immediate action will be taken to ensure that the client is satisfied. If the client is still dissatisfied, the fee will be refunded. If the necessary procedures for performing the work, such as establishing a response strategy and writing an opinion, have been completed, a minimum deduction will be made according to the degree." - What is the reason for introducing it for the first time in the industry? "In the domestic law firm market, legal services have always been provided unilaterally until the client takes charge of the case. It was a structure in which everything had to be left to the law firm. Even if the client did not like the execution process, there was virtually nothing that could be done, so there were quite a few cases where some clients who had entrusted the case to another law firm complained of damages, saying, "They were unilaterally denied a refund." Daeryun believes that this irresponsible reality is weakening the trust of the entire domestic legal market. This in itself gives clients confidence in the quality of legal services and psychological stability at the same time.” - Recently, controversy over refunds has continued in the legal world. Lawyer groups also took issue with some law firms' refund policies and hinted at sanctions. Can it be seen as a system that takes this atmosphere into consideration? "No. Daeryun has been conscious of issues related to refunds for a long time and has been seeking ways to respond. Until now, the industry has considered the issue of refunds between law firms and clients as a 'conflict between private persons'. It was viewed as a civil matter. There were also no guidelines at the bar association level related to refund regulations. Daeryun also went through trial and error. In the end, it thought that 'customers' should be the center, and this time, We have established our own principles and stipulated a structure of responsibility." - How can we specifically request a refund? "When a request for a refund is received from a client, the team in charge first checks the progress of the case and calculates the deductible based on pre-established standards. In addition, after the refund process is completed, we will begin a detailed analysis to avoid repeating the same mistake. "It may be a burden on management. However, in the long term, it is considered an investment in the next relationship with the customer, which creates a virtuous cycle that leads to re-requests and recommendations. Above all, the goal is to achieve systematic quality control to the extent that refunds are rare. "The purpose of this system is not refunds. Daeryun's ultimate goal is to establish a structure that does not require refunds, and clients can entrust their cases with that trust. “That is the goal of the Litigation Quality Assurance System.” Reporter Baek Jae-hyeon (itbrian@newsis.com)[View full article] Kim Kuk-il, CEO of Daeryun Law Firm, which introduced Korea’s first litigation quality assurance system [Interview] (Shortcut)

Defendant was found not guilty for "contacting while moving the parking payment kiosk" and "touching the victim by getting caught in her bag" A man in his 50s who was put on trial for molesting a woman who was paying at a parking lot kiosk was acquitted. On the 17th of last month, the Gwangju District Court found A, a man in his 50s, not guilty on charges of forcible assault. Mr. A was accused of touching the body of a woman, B, who was standing in front of a parking payment kiosk machine in a supermarket parking lot in Gwangju last year. Yes. Mr. A denied the charges. He had problems with his physical movements due to a chronic illness he had been suffering from, and he claimed that he accidentally bumped into him while he was moving when Mr. B, who was paying his bills, told him to use the machine next to him. He also emphasized that there were many people around at the time of the incident and that he had no reason to commit such a crime in a situation where his spouse was also with him. The court found Mr. A not guilty. The court said, "When looking at the CCTV footage of the scene, it can be confirmed that the defendant's arm was caught in the bag the victim was carrying and that the defendant's body came into contact," but added, "It cannot be concluded that the defendant touched with the intention of molestation." He added, "The defendant's spouse was very close by, and it is difficult to say that he committed the crime of forcible molestation immediately after talking to the victim in a situation where many people were passing by." Daeryun Law Firm, which represented Mr. A. Attorney Kim Seong-ik explained, "In order to establish a crime of forcible molestation, there must be proof beyond a reasonable doubt that there was an intention to commit molestation. Mr. A demonstrated that there was no intention by emphasizing that he did not intentionally approach Mr. B but was moving to settle the account."[View full article] A man in his 50s molested a woman who was paying her bills in a parking lot... What is the court decision? (Shortcut)

“If you delay reporting due to shame, it will be difficult to recover… the victim may become an accomplice” “You cannot respond to the request for additional remittance, which is another trap of ‘pay a fee and get a refund’” As it became known that a college student in his 20s went to Cambodia saying he wanted to attend an expo and was found tortured to death last August, the crimes of kidnapping and confinement of Koreans in Cambodia are coming to light one after another. Most of the crimes that occur locally are controlled by Chinese criminal organizations. They are committing crimes in the form of online fraud. Romance scams are one of the crimes they commit and have recently been spreading rapidly in Korea. ◆ “I thought it was love”… Romance scam damage amounted to 84.7 billion won in 8 months According to the National Police Agency on the 19th, romance scam damage increased rapidly from 1,265 cases and 67.5 billion won in February to December last year to 1,357 cases and 84.7 billion won in January to August this year. In terms of damage, it increased by more than 25%, exceeding last year's total in just eight months. There are various ways to build trust before committing a crime. They use religion to make the relationship feel like fate by saying, “God knows everything,” or they make the relationship special and valuable by saying, “I will be loyal to you” or “I will not disappoint you.” Ask personal and thoughtful questions, such as “How is your husband’s health?” It is about creating the perception that you are not just a conversation partner, but that you ‘understand’. There are many ways to extort money. “Terrorists have come to attack my camp. I need money,” “I want to come to you as soon as possible. Please give me the money needed to enter the country,” and “There is a good investment place, so I will introduce it to you.” As it is a crime based on trust, victims sometimes experience aftereffects such as shame, self-blame, and social phobia after learning of the damage. In some cases, people hesitate to report because it is difficult to state the facts of the damage. ◆ “If you hide it because you’re embarrassed, you won’t be able to find the damages”… How to respond to romance scams according to experts Experts advised that if you have become a victim of a romance scam, you should respond immediately. The first thing you need to do is freeze your account. Lawyer Shin Yong-hoon (Daeryun Law Firm) said, "You must contact the bank of the account you transferred money from and immediately suspend the use of the account. Since the account in question often has a Buddhist or canon account holder and money is withdrawn quickly, you must request prompt action from the bank." Evidence to be submitted to the investigative agency must include deposit details and conversation details exchanged with the other party. Attorney Dong-Hyeon Oh (New Royer Law Office) explained, “You can check the transaction confirmation or transfer confirmation on the banking app, and you can also obtain it directly from the bank,” adding, “You can submit the transfer details and the text messages or contact details exchanged with the other party of the romance scam to the investigative agency.” Attorney Shin added, “In a fraud case, what matters is what I was deceived into giving money to.” We must also be careful of additional damage that takes advantage of the victim's psychology. Attorney Oh emphasized, “There are cases where people are encouraged to make additional deposits by saying, ‘If you deposit the fee, the money can be refunded.’ It is best to cut off communication with the perpetrator of the romance scam, but even if it is difficult, you should never comply with the other party’s demands.” What is more serious is that the victim may become involved in the crime. Among the cases handled by Attorney Oh, there was one where the victim of a romance scam became an accomplice in a voice phishing crime. They took the victim's bankbook name and password, saying, "To recover the damage, you need the bankbook name." This victim unknowingly became a perpetrator involved in a voice phishing crime. Attorney Oh said, "Romance scam gang members do not only commit one crime, so they can lead victims to become accomplices. In addition to money, they should not hand over information that only the individual knows, such as name and bank account password." Prompt reporting of damage was also emphasized. Attorney Shin emphasized, "If you hesitate to report due to shame, the probability of recovering damages decreases even more. If you do not even report, the victim has no choice but to bear the entire damage." Attorney Oh said, "Damages may be recovered through criminal charges and, in some cases, civil lawsuits."[View full article] [Fraud crime on the rise] ㉓Romance scams ‘This is how we should respond’… “Quick reporting, account suspension, securing evidence” (Shortcut)

A woman in her 50s who was accused of embezzling the property of her sister, who was suffering from cancer, was cleared of the charges by the prosecution. According to the legal community on the 17th, the Jeonju District Prosecutors' Office decided not to indict A, a woman in her 50s, who was sent on charges of theft and fraud on the 22nd of last month. In December of last year, Ms. A transferred assets worth 120 million won, including the deposits of her sister, B, who was suffering from cancer, to her own and a third party's account. He was accused of stealing bribes. The accuser was the husband of Mr. B. Mr. A denied the charges. Mr. A stated that he only followed the wishes of his older sister, Mr. B, who entrusted him with all matters related to her property. Person A said, “My sister’s husband is an alcoholic and has a lot of business debt, so she relied on me a lot.” Regarding the reason why the money was deposited 15 times into the account of someone other than a family member, he added, "We discussed it at the beginning because there are gift tax issues if the money is deposited at once." The prosecution decided not to indict Mr. A. The prosecution said, "There is no dispute that the suspect transferred the money in the deceased's account to several people during the funeral period," and added, "The suspect took the lead in handling the deceased's overall property, including the deposit issue for rent, during his lifetime, and in a will-type video, he said, “Given the fact that the deceased mentioned entrusting the suspect with all distribution of assets, there is insufficient evidence to admit the charge,” he said. Attorney Lee Ha-neul of Daeryun Law Firm, who represented Mr. A, said, “Mr. A faithfully explained that he had no intention of stealing the property by supporting the deceased’s medical expenses and presiding over the funeral as a resident,” and added, “It is good to actively express to the court that the crime of theft cannot be established because the deceased had a clear intention to delegate.” “We were able to get results,” he explained. Reporter Kwon Byeong-seok (bsk730@fnnews.com)[View full article] Before the death of my cancer-fighting older sister, I 'gulp' 100 million won into someone else's account...Prosecutors “No charges” (Shortcut)

A middle school student who was subject to community service disciplinary action for group cyberbullying in a group messenger chat room filed a lawsuit to cancel the disposition and won. On the 10th of last month, the Daegu District Court ruled in a lawsuit filed by middle school student A against the head of the Uljin Office of Education in Gyeongsangbuk-do to cancel the school violence disciplinary action, saying, “The defendant should cancel the 6 hours of community service imposed on the plaintiff.” Student A, along with students from the same school in a messenger chat room last year, defamed Person B by swearing at him and spreading false information. For this reason, it was referred to the School Violence Measures Review Committee. The Office of Education, which investigated the incident, ordered Person A to perform 6 hours of community service. Person A, who objected to this order, filed an administrative lawsuit. He said that he had never sworn and that he only passively participated without understanding the context of the chat room. In addition, it was claimed that the Office of Education did not specifically specify 'acts recognized as school violence' in the process of imposing community service. The Office of Education refuted this. This is because Group A agreed with the words of other assailants and went along with the cyber bullying of Group B. It was also emphasized that the actions subject to review were specifically indicated during the school violence committee notification process. The court ruled in favor of Student A. The court said, "It is difficult to say that the plaintiff's comments in the chat room amount to insults that could lower the social evaluation of the victim student," and added, "They are merely passive and incidental remarks such as striking back or ending the conversation, and cannot be seen as spreading actual false information or making comments criticizing the victim." However, the court said. Regarding the claim that the reason for the disposition was not specified, he did not accept it, saying, "The plaintiffs attended the school violence committee and fully stated their opinions, and during this process, they would have been able to fully know the basis and reason for the community service disposition." Attorney Jeon Hyeong-oh of the Daeryun Law Firm, who represented Mr. A, said, "When reviewing defamation or insults that constitute school violence under the School Violence Prevention Act, it is necessary to fully review whether or not they have performance, which is a requirement under the criminal law." He added, "The remarks made by Mr. A in the chat room are necessary." “Regardless of whether it meets the criminal requirements, such as insult or defamation, it is not satisfied,” he explained. Reporter Kwon Byeong-seok (bsk730@fnnews.com)[View full article] Middle school student disciplined for ‘group cyberbullying’… Court ruling to “cancel” (link)

The court ruled that if the unit to pay rent and the unit to terminate the contract due to late payment were set differently during the lease contract, it was an unfair contract unfavorable to the tenant and therefore invalid. On the 11th of last month, the 11th Civil Division of the Incheon District Court announced that it ruled in favor of the plaintiff company A in the 'suit to confirm the existence of a rental contract relationship' filed by cafe operator A against the Incheon Tourism Organization. The case dates back to 2023. Company A signed a 10-year lease agreement with the Incheon Tourism Organization to move into a tourist facility in Incheon. The terms of the contract included a clause to pay one year's rent in advance at the beginning of each year. However, contrary to expectations, as the number of visitors did not meet expectations, Company A ran into financial difficulties and was unable to pay rent last year. Accordingly, the Corporation sent a proof of contents to Company A early this year, urging Company A to pay rent. The proof of contents also included information that the contract would be terminated due to late payment. It was based on the clause in the contract that said, ‘If the monthly rent arrears reach 3 months, the contract can be terminated.’ The current Commercial Building Lease Protection Act stipulates that the landlord can terminate the contract when the tenant's rent arrears reach three periods. Company A immediately protested. It was argued that it was unfair to agree to pay rent at once on a ‘yearly basis’ and then calculate the contract termination conditions ‘on a monthly basis.’ In the end, Company A filed a lawsuit to confirm that the lease agreement was still valid. The court ruled in Company A’s favor. The court pointed out, "While the contract stipulated to pay rent on a yearly basis, the standard for termination in case of late payment was set at 3 months, which in itself is disadvantageous to the lessee." “Therefore, the provision for cancellation of late payments is ineffective, so it cannot be said that the rental contract was legally terminated due to the proof of contents sent by the Corporation,” the ruling said. Attorney Kim Seong-chan of Daeryun Law Firm, who represented Company A, said, “The reason for termination in the contract only stated ‘if the rent arrears amount to three periods under the Commercial Building Lease Protection Act,’” and “during the trial, ‘if the rent was to be paid on a yearly basis, He explained, “By actively asserting that ‘the rent is for 3 years,’ we were able to win the case after being recognized as a contract that was unfavorable to the lessee.” Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] “I’m three months behind on rent, so please vacate the store”… When I looked at the contract, it was ‘invalid’ (Shortcut)

Recently, the size of accounts receivable has been rapidly increasing, especially in the domestic construction industry. According to data from Nice Credit Rating, trade receivables of major domestic construction companies increased from KRW 18.4 trillion at the end of 2021 to KRW 33.8 trillion in the first half of this year. This is an 83.5% increase in just three years. The increase in receivables is not limited to the construction industry. Amid complex external variables such as economic recession, supply chain instability, and changes in the global situation, the risk of payment recovery is increasing across industries such as manufacturing, distribution, and service industries. From a corporate perspective, debt collection is an issue that goes beyond securing money through collection and is directly related to liquidity management, financial soundness, and even business continuity. If debt collection fails, the financial structure will be shaken and partners, subcontractors, and even financial institutions will be hit like dominoes. Therefore, debt collection should be understood as a management strategy for the survival of a company. The problem is that if collection is delayed or fails, even if it is recorded as an asset in the financial statements, no actual inflow of funds occurs, which has a negative impact on the overall cash flow of the company. When cash inflow is blocked, companies rely on short-term borrowing to make up for insufficient liquidity, which also increases interest costs. Increased costs hinder profitability and ultimately lead to worsening financial indicators, leading to a downgrade in credit rating. As a result, it can fall into a vicious cycle in which additional external financing becomes difficult. To solve this problem, it is necessary to initiate a debt collection process, but if the legal process is not followed, not only will it be subject to criminal punishment, but it can also cause fatal damage to the company's credibility and image. Therefore, it is of utmost importance to approach it in a due process and strategic manner within the legally permitted scope. It starts with the process of notifying the obligation to fulfill the debt through proof of contents, and then secures rights through a payment order application or civil lawsuit. If you win the lawsuit, you can attempt actual recovery through compulsory execution if necessary. If the debtor has already entered rehabilitation or bankruptcy proceedings, he or she must participate in dividend payments and exercise his or her rights. At the same time, it is necessary to strive for proactive risk prevention to reduce the risk of debt generation from the beginning. First, at the contract stage, it is a good idea to detail the payment deadline, late interest, and measures to be taken in the event of a dispute. If the transaction amount is large or the project is carried out over a long period of time, preparations must be made to organize advance payments, interim payments, and balances, distribute risks through prepayment, and minimize losses in the event of receivables. A company's survival ultimately comes from cash flow. And the first step to maintaining this trend is to thoroughly manage receivables without neglecting them. Receivables left unattended at this moment may return as a crisis tomorrow. In today's economic environment of prolonged uncertainty, stable asset management will soon become a decisive factor in determining the future of a company. Small and Medium Business Team[View full article] Stable asset management, a decisive factor in determining the future of a company (link)