Press Coverage

Sent to prosecution on charges of 'obstruction of business' by unauthorized deletion of customer information on tablet PC "There is a 'handover' clause in the confirmation letter... it is difficult to cite the victim's claim of ownership" The owner of a beauty salon who was handed over to the prosecution on charges of taking a tablet PC containing customer information of a nail shop located in the store was acquitted. The Uijeongbu District Prosecutors' Office reported on Mr. A, a 30-year-old beauty salon owner in his 30s, who was transferred on charges of damage to property and obstruction of business on the 18th of last month. A decision was made not to indict. Mr. A was accused of taking a tablet PC containing customer information of Mr. B, a nail shop manager who was in his hair salon, without permission and deleting the information in January. Mr. A denied the charge. It was claimed that the tablet PC in question was a public item and not Mr. B's personal property. They refuted that the reason customer information was deleted was because Mr. B opened a new nail shop near the beauty salon and used the existing business name. Mr. A said, “Mr. B was siphoning off our store’s customers to his new store and ignoring legitimate requests to correct the theft of the business name, so we were forced to delete the information.” The prosecution ruled that Mr. A was not guilty. The prosecution explained the reason for non-indictment by saying, “In the contract written by the two people, there is a clause that says, ‘All customer information managed at the end of the contract will be handed over to Mr. A.’” and “Considering that Mr. B was also aware of this clause, it is difficult to say that the deleted customer information belongs to Mr. B.” Attorney Heo Seong-guk of Daeryun, a law firm representing Mr. A, said, “For a crime of property damage to be established, there must be a perception that another person’s property is being infringed.” “Rather, we actively explained that it was Mr. B who violated the contractual confidentiality obligation,” he said. Digital Content Team[View full article] “No ownership of customer information”… Beauty salon owner who deleted ‘Shop-in-Shop’ information not guilty (Click here)

Introduction of the Ministry of SMEs and Startups' cooperative smart factory construction support project and best practices. Introduction of K-Beauty export-related support agency projects and presentation of experts' tariff-related issues and solutions. The Smart Manufacturing Innovation Association (Chairman Kang Cheol-gyu) announced that it will hold a 'K-Beauty, Global Leap Together' seminar and networking event at the aT Center on the 22nd. This event will focus on best practices to strengthen K-Beauty's export capabilities and create a super gap, and related organizations' export support policies, It consisted of discussions on business improvement in collaboration with ministries. Kim Chae-ri, general director of BIC Halal Korea, a halal certification agency designated by the Indonesian Halal Agency, talked about ‘Global Halal Industry Potential and Survival Strategy’, Kim Jong-hyun, team leader of Korea Cosmetic Industry Research Institute, talked about ‘Korea Cosmetic Industry Research Institute’s Cosmetic Export Support Project’, and senior researcher Jeon Dong-ha of Gyeongbuk IT Convergence Industrial Technology Institute talked about ‘Cosmetic Export Support Global Cosmetic Business Center’. announce. In addition, Myeong Jae-ho, a customs attorney at Daeryun Law Firm, will discuss ‘Issues and solutions related to K-beauty exports in the Trump era in the U.S.’ Samsung Medicos, which is carrying out a 2025 ministry collaboration project and is attracting attention due to the opening of Olive Young and Daiso stores and entry into many overseas distribution channels, will introduce best practices, and there will also be time for companies and K-beauty experts to make suggestions for upgrading the ministry collaboration business. This event is a cooperative organization related to cosmetics manufacturing. Officials, officials of smart factory solution companies related to cosmetics manufacturing, officials of smart factory introduction companies, K-Beauty Alliance experts, etc. are scheduled to participate. Meanwhile, the Smart Manufacturing Innovation Association is an association approved by the Ministry of SMEs and Startups. It quickly conveys the voices of manufacturing innovation sites to policy, supports horizontal and open solidarity among companies, and is carrying out various activities for corporate manufacturing innovation, such as education, consulting, standards, open innovation, and publication of smart manufacturing-related publications.[View full article] Smart Manufacturing Innovation Association holds ‘K-Beauty, a global leap together’ seminar (Go here)

Seoul High Court, 'Korean Pizza Hut' Case ruling reveals structural transparency issues in the franchise industry"headquarters, Establishing trust-based management should be a priority" The Seoul High Court is so-called 'Korean Pizza Hut incident'(2022me2024467)The franchise headquarters ordered the return of the difference in franchise fees collected from franchisees, claiming that it was unfair profit.. It is evaluated as a decision that goes beyond a simple financial dispute and directly exposes the problem of structural transparency in the franchise industry.. Starting from this ruling, franchisors must prioritize legal risk management and the establishment of a trust-based management system rather than short-term profits.. "There was a customary agreement" The difference in franchise fee, which blocks the source of logic, is the amount taken by the franchisor in excess of the wholesale price when supplying raw and subsidiary materials., That means delivery margin.. Originally, the franchisor could designate a specific supplier to the franchise for reasons of unifying quality and improving logistics efficiency., If margin is acquired during this process, it is legally considered a type of franchise fee..This is already specifically defined in the Enforcement Decree of the Franchise Business Act.. In the information disclosure statement, it is also a regulation to specify the ratio of the average difference in franchise money per franchise to sales.. However, in this ruling, the court "The difference in franchise fee is not a simple distribution margin, but a franchise fee that requires contractual agreement."He drew a clear line, saying. There are no relevant provisions in the franchise agreement., If the franchisee did not know of its existence, it would be clear unfair profit.. For a long time, the franchisor included the difference in franchise fee in the price of raw and subsidiary materials.. However, the court's judgment is that if there is no clause or individual agreement to justify this, it is unfair enrichment.. The court's ruling "A contractual agreement is not established solely through the disclosure of information."This section has great significance to the industry as a whole.."There was an implied agreement in long-standing trading practices."This is because it fundamentally blocks the logic of the franchise headquarters.. Collecting the franchise fee difference without the franchisee's clear knowledge or consent is no longer a practice but has become a violation of the law.. Even if the name is changed due to transportation costs, management costs, etc., if proof is lacking, it is considered the difference in franchise fee.. This ruling sends a structural warning to the franchise industry.. The key points that franchisors should keep in mind regarding franchise difference are as follows:.① Strengthening the obligation to specify in the franchise agreement : 2024year 7month 3The revised Franchise Business Act includes essential information in the contract. 'Supply price calculation method'includes. This means going beyond simple price disclosure and clearly presenting the margin structure and calculation basis.. If this is not recorded or handled opaquely, there is a high possibility that it will lead to an unfair enrichment lawsuit..② Exemption is not possible through information disclosure alone. : Registration of information disclosure statement is merely an administrative procedure.. the court 'Provision of an information disclosure statement does not imply consent from the franchisee.'I decided. If there is a discrepancy between the information disclosure statement and the contract, the court will give priority to the franchisor's liability..③ Non-recognition of customary/implied consent : Considering the franchisee's weak bargaining power, the court ruled that the franchisee's 'implied agreement' do not accept the claim. In order for the franchisor to maintain a legal structure, prior notice, written consent, and price disclosure are required. 3You must go through the steps. Franchise headquarters, than short-term profits 'faith' If the ruling is confirmed by the Supreme Court, it will have a significant impact on all future sales, accounting, and legal departments of franchise headquarters.. Practical countermeasures to reduce risk are as follows:.① Complete reexamination of supply contracts : Delivery contract structure with partner companies, Logistics cost calculation method, Margin rates must be transparently redesigned. Unclear contracts can serve as unfavorable evidence in future lawsuits..② Ensure consistency between contract and information disclosure statement : If the figures or expressions between the two documents are different, the court 'deliberate concealment'can be regarded as.③ Clarification of accounting structure : Separate accounting codes for each item such as logistics costs, management costs, and commissions. 'Bulk processing of supply prices' The practice must be eliminated.④ Institutionalization of franchise prior consent procedures : Supply price and margin basis must be documented and signed or electronic consent obtained from franchisees.⑤ Regular update of information disclosure statement : Information disclosure statements that differ from actual operations may be considered false information, so renewal is required every year.. This ruling is not limited to one brand, Pizza Hut Korea.. eating out, beauty, education, This is because most franchise industries, including services, have the same franchise structure.. In particular, franchisors make profits through delivery margins instead of franchise fees. 'Logistics-centric model'If you are running , you could take a direct hit..It is highly likely that the Fair Trade Commission's investigation standards will be strengthened.. If the difference in franchise fee is not specified in the contract or notified to the franchisee,, This means that it is not just a civil matter, but can also be grounds for administrative sanctions and fines..The essence of the franchise industry is not expansion, but 'faith'all. Franchisees disclose their profit structure transparently and, Only when trust with franchisees is restored will the foundation for sustainable growth be laid.. In that sense 'difference in franchise fee'is not just a financial item, but has become a barometer of legal risk and an indicator of brand reputation.. Designing a structure of trust before a structure of profit, That is the only way for the franchise industry to survive in the future.. [View full article] The end of the ‘implied agreement’… Franchise-for-difference ruling that shook the franchise industry [Daeryun's Biz law forum] (Shortcut)

A man in his 50s who was put on trial for sexually assaulting a coworker who was asleep after taking sleeping pills was sentenced to prison. According to the legal community on the 13th, the 1st Criminal Division of the Eastern Branch of the Busan District Court sentenced Mr. A, in his 50s, to three years in prison on the 12th of last month on charges of quasi-rape. In addition, he was ordered to complete a 40-hour sexual violence treatment program and to be restricted from employment at child and youth-related institutions for three years. Mr. A was indicted on charges of adultery with Mr. B, a junior colleague at work, who fell asleep after taking sleeping pills on several occasions since 2021. After learning of Mr. A's crime, Mr. B forgave Mr. A several times, but as the same thing continued to happen again, he eventually filed a complaint with the investigative agency. Mr. A denied the charges, saying that Mr. B was not in a state of incapacity to resist and that they had entered into a relationship after agreement. At the same time, he claimed that there was a possibility that the complaint was false, saying that he continued to work with Mr. B even after the incident and had regular conversations with him. Although he was acquitted by the police and prosecutors, he appealed and the trial began. The court did not acknowledge Mr. A's claim. The court ruled, “If you look at the content of the conversation between Mr. A and Mr. B, you can only see the content that could have been exchanged as part of a business relationship, and there is nothing to judge that they maintained a romantic relationship. The probative value of the victim, B’s statement, cannot be rejected based solely on the fact that they worked together for a while after filing the complaint.” At the same time, it ruled, “Although Mr. B has protested several times, there is no evidence that they had a consensual relationship, so it can be said that Mr. A committed the crime after recognizing that Mr. B was asleep.” The court explained the reason for sentencing, saying, “We took into account the fact that Mr. A’s guilt was heavy as the crime occurred several times over two years, and that he did not seriously reflect on the crime.” Attorney Jang Eun-min of Daeryun Law Firm, who represented Mr. B, said, “It has been a long time. “Mr. B’s response may have been insufficient due to the fact that he was the victim of several sexual crimes by Mr. A, whom he knew, but the major parts of the statement were consistent and there were no contradictions, so since Mr. A was Mr. B’s boss, he had no choice but to maintain a close relationship for the sake of making a living, and the credibility of the statement was proven by proving the specific and overall context, such as the situation in which he asked for forgiveness after committing the crime.” Busan reporter Jeong Cheol-wook[View full article] A man in his 50s commits adultery with a co-worker who fell asleep after taking sleeping pills... Sentenced to prison after appeal of not guilty (link)

Now is the era of legal export, and the Korean Bar Association and the government need to work together. In the world, artificial intelligence, digital asset norms, ESG expansion, visa issues, etc. are affecting society as a whole beyond the economy. In addition, the rise of Legal Tech is changing the trend of the global legal market. It is not just a problem for companies. Individuals preparing to work, study abroad, immigrate, and the general public making investments are all being affected. Legal issues such as visas, international taxes, and digital copyrights have already become part of our daily lives. The recent U.S. visa crisis remains a representative example showing how vulnerable not only large corporations but also individuals are to the unstable international legal environment. In this situation, Daeryun Law Firm established local law firms in New York and Washington, D.C. It is significant in that it is not a simple office expansion, but a local foundation and preparations to provide services through the ‘one firm system’ to global companies. Daeryun operates from its headquarters so that all branches can be managed within the headquarters system. Currently, it is designed so that you can receive the same quality of service no matter which office you visit at home or abroad, which is an important foundation for establishing the standardization and trust required by the global market. In addition, we are gaining experience by directly solving practical tasks such as complex documents and permits, recruiting local talent, and HR systems during the overseas expansion process. This is a process that goes beyond expanding legal services and accumulating know-how about the overall operation of an overseas law firm. It will also be important information and an asset for other domestic law firms seeking to expand overseas in the future. Pioneering a new path is never easy. There are many walls to overcome, such as differences in systems and culture, unexpected regulations, and differences in language and work methods. I do not think that the experience gained through this process is unique to Daeryun. We believe that it is an asset that the entire domestic legal community can utilize together, and that it can serve as a practical guide for other law firms and lawyers. We went through a lot of trial and error to expand overseas, and it took manpower, money, and time, but we plan to share all of this know-how with related industries. However, the efforts of private law firms alone are not enough. National support and the role of the Korean Bar Association are essential for domestic law firms to establish themselves in overseas markets and for lawyers to increase their international competitiveness. Supporting the establishment and operation of overseas law firms, nurturing talent in the fields of international disputes and investments, and expanding global networks are more urgent than ever. Major countries in the United States, Europe, and Asia are already fostering legal services as a strategic industry. If the domestic legal market is late in responding, the opportunity passes to competing countries. The domestic legal market has already been opened in stages through the implementation of the Korea-US FTA and the Foreign Legal Consultants Act. Currently, large global law firms are entering the market and expanding their influence on domestic companies and the private sector. According to a National Tax Service investigation last year, Korean companies paid a record 3.128 trillion won in legal service fees to foreign law firms in 2024. From this survey result alone, we can guess the extent of the imbalance in the domestic and international law firm markets. Therefore, the establishment of Daeryun's New York and Washington offices is only the beginning. Domestic legal tech companies are also actively exploring the global market through investment and overseas expansion. Artificial intelligence-based contract review, e-discovery solutions, and digital litigation platforms are already attracting attention in the Asian and North American markets and expanding cooperation models. Therefore, for these individual achievements to become assets to the entire Korean legal profession, institutional support from the Korean Bar Association and national-level policy and economic support are essential. The domestic legal profession must no longer remain domestic. When we compete fiercely and create opportunities on the international stage, the domestic legal market can open an ‘era of K-law’ that connects the success of K-culture and K-beauty.[View full article] [Contribution] K-Pop, K-Culture, Next is K-Law Firm Export (Go here)

The Ministry of Health and Welfare claims that it was an 'unlicensed medical practice' and the court sanctions the court, saying, "It is not an unlicensed medical practice under the Medical Service Act." A dentist who ordered hair growth pills for the purpose of taking them himself was suspended for 'unlicensed medical practice' and won a lawsuit. According to the legal community on the 9th, the 6th Division of the Seoul Administrative Court (Chief Judge Na Jin-i) filed a lawsuit against the Minister of Health and Welfare to revoke the suspension of his medical license by dentist A. On August 29, the Ministry of Health and Welfare ruled that the disposition should be canceled. Mr. A is a dentist who runs the New York Dental Clinic in Gangbuk-gu, Seoul. He purchased and used hair treatment twice in February and April 2021. In September of last year, the Ministry of Health and Welfare suspended Mr. A's dentist's license for one month and 15 days, saying he violated Article 27, Paragraph 1 of the old Medical Service Act. The provision stipulates that medical practitioners cannot practice medicine other than what they are licensed to do. Mr. A filed a lawsuit dissatisfied with this disposition. The court accepted Mr. A's argument that the dentist's purchase of hair growth medication and his own use cannot be regarded as an unlicensed medical practice as defined in Article 27, Paragraph 1 of the Medical Service Act. The court said that Mr. A's act was “in principle a medical practice,” but that “practicing medical treatment on oneself rather than on others is a personal area that has little to do with the risk that may occur to the life or body of others or general public health,” and that unlicensed treatment is unlicensed. It was ruled that it did not conflict with the purpose of regulating medical practice. In addition, citing the Supreme Court precedent that “Patients have the right to decide for themselves how to maintain their life and bodily functions and to choose medical treatment in accordance with the personal rights and the right to pursue happiness stipulated in Article 10 of the Constitution,” the court ruled, “There is no special basis to believe that patients are excluded from the right to perform medical treatment directly on themselves without the intermediary of medical professionals.” The court ruled, “The purpose and purpose of the medical law and the patient’s When interpreting the right to self-determination in a harmonious manner, it does not appear that the medical law intends to completely prohibit medical services performed on oneself by non-medical personnel,” he concluded. “For the same purpose, it is reasonable to believe that cases where medical practitioners perform medical services other than those licensed to them cannot be regulated as unlicensed medical practice.” Attorney Chang-min Jeong (12th bar exam) of Daeryun Law Firm, who represented Mr. A in this case, said, “Invasion of one’s own body is not subject to criminal punishment or He explained, “It was recognized that in order to be subject to regulation under public law, there must be special regulations such as the Narcotic Drugs Control Act.” The Ministry of Health and Welfare appealed, and this case was decided in the second trial. Reporter Jang Seo-woo (suwu@hankyung.com)[View full article] Korea Economic Daily - "I was taking medication for hair loss..." The story of a dentist's license being suspended (link) Seoul Economic Daily - "Ah, the rainwater is missing again"... Dentist's license suspended after taking hair loss medication (Shortcut)

Voice phishing is more creative, clever and, Evolving elaborately. In front of advanced techniques, How long will voice phishing last? ‘Talking about others’It is unclear whether it will be nothing more than. We met with senior attorney Daeryun Osion of the law firm who has handled many voice phishing criminal cases., We heard about the latest methods and prevention/response measures..At one time, the fixed repertoire of voice phishing was ‘Kim Mi-young, team leader’was. With slurred speech and a sloppy manner, as if reciting a script., Comedy material ‘meme’It also became this. However, recently criminal organizations AI Not only are the methods elaborated using voice synthesis and deepfake technology, but, Through systematic organizational management, they are putting pressure on victims and avoiding the investigative network..The scale of damage also grew like a snowball.. According to the National Police Agency, the average amount of damage per case in the first half of this year was a whopping 5204It amounts to 10,000 won. It's an amount that can completely change your life in an instant.. There are many victims who are driven to extreme choices.. According to statistics, the amount of damage from voice phishing and smishing last year was compared to the previous year. 106% increased 9525It was billions of dollars., This year only in the first half of the year 8000Damage worth nearly 100 million won occurred.. The number of cases has already been 1only6000It has exceeded the limit.. Against this background, the victims ‘mental pressure’there was. The most powerful weapon of current criminal organizations is sophisticated psychological warfare and fear-mongering that digs into the victim's anxiety and guilt.. prevent them from asking for help ‘self-confinement’It also urges. past 9I was living in Daegu in February too. 20There was a case in which a teenage man was rescued while waiting in a Daejeon motel while writing a letter of remorse, believing the threats and instructions of a criminal impersonating a prosecutor..# Rest assured that you are young? half of the victims 20·30Like Dai, today's voice phishing crime goes beyond telephone financial fraud and involves controlling the victim's psychology. ‘gaslighting crime’is evolving into. Attorney Osion of Daeryun Law Firm said: “Voice phishing is something that is difficult to understand if you look at it from a step away., When faced with a real-life situation, one may lose one's cool-headed judgment due to extreme psychological pressure.”explained.What type of crime is most common these days?? The most common practice is the traditional method of impersonating the prosecution, the police, the Financial Supervisory Service, or a family member.. AI The use of voice synthesis and deepfake videos is becoming more sophisticated.. Messenger phishing, which sends fraudulent links through KakaoTalk or text messages, Financial fraud using low-interest loans as bait continues to occur.. Because it is highly accessible and easy to let down your guard.,20·30Why is damage soaring in? Young people who are familiar with digital ‘I won't be fooled’I fall into the illusion. However, due to employment difficulties and economic pressure, people are easily exposed to the temptation of employment, loans, and financial benefits.. In fact, there are many cases where they set up a fake company, recruit applicants through employment platforms, and then use young people as delivery vehicles or collectors..Even though social awareness about voice phishing has increased, why is the actual damage soaring?? First of all, economic difficulties can be cited as a reason.. When an offer like a low-interest loan comes in, my judgment momentarily becomes clouded.. here is the organization ‘gaslighting’and isolates the victim. Creating fear by impersonating an authoritative organization, It makes you cut off contact with family and acquaintances and blocks outside help.. At the same time, they constantly make phone calls and send messages, putting psychological pressure on them and taking away the space to make their own decisions.. Recently, the victim has cut off contact with the outside world and is staying at a lodging facility. ‘self-confinement’It is in the same context.Are there any cases where gaslighting led not only to financial loss but also to physical and mental damage?? Among the actual cases 20There was an incident where a female client was deceived into handing over not only personal information and money, but also a nude video of herself, saying she would be given a loan.. After a long conversation with a member of the organization, I gave in to cajoling and threats and delivered the video., Afterwards, I suffered threats to spread the word and became completely subordinate to the organization.. A Daepo bank account was opened and a SIM card was opened in the client's name, and he was eventually tried as the perpetrator..# Anyone can fall victim to voice phishing, so the first thing you need to do is? The biggest problem with voice phishing is that even if the suspect is arrested, in reality ‘another victim’The point is that in many cases it is. They are used as holders of Daepo bankbook and Daepo phone without their knowledge, or are implicated as delivery agents and collection agents.. The court said this ‘Intentional lack of writing’Judges and imposes criminal punishment. So lawyer Oh “The main role of a lawyer in a voice phishing case is to recover money. ‘damage recovery’Rather, the focus is on proving that the client was also a victim of being deceived by the organization.”explained. If you have actually been a victim of voice phishing, What should I do first?? quickly to financial institutions ‘Account suspension’It is important to apply for. Subsequent remittance details, You should obtain as much evidence as possible, including phone records, and report it to the police.. Additionally, check that a Daepo bank account or Daepo phone has not been opened in your name., You must also check whether any remote control apps or malicious apps are installed on your phone..I wonder what the chances are of recovering the damages or catching the culprit.. There is hope if the payment is stopped immediately after the transfer and the withdrawal is not made., In most cases, money is taken out quickly and the recovery rate is low.. Additionally, arrests are difficult as the organization operates based on overseas call centers.. Even if you are arrested, it is not easy to recover from the damage.. This is why it is most urgent to establish a legal basis to strengthen cooperation with foreign organizations such as China.. Organized crime is difficult to solve through individual efforts alone..The government's recent ‘Voice phishing no-fault liability system’What is? If the victim reports the damage to the financial company,, This is a system where financial companies review the facts and compensate within the scope.. however ‘no fault’Even so, it does not compensate for all damage.. If the victim is found to have been seriously negligent, he or she may be excluded from compensation.. Nevertheless, once the system is implemented, the possibility of relief for victims will expand., Financial companies will also further strengthen their preventive responsibilities.. Of course, there is a risk that as the costs borne by financial companies increase, the burden on financial consumers also increases..Are there any signs of voice phishing crime that you should keep in mind in your daily life?? Usually, in the name of public institutions, they mention things like fund investigation and temporary probation, thereby causing fear., We often create emergency situations.. ‘embargo(Secrecy for a certain period of time)’They say that it must be protected or that quarantine is necessary for investigation.. Afterwards, you will be asked to install the app, provide personal information, withdraw cash, take out a loan, transfer to a safe account, etc.. You should know that no government agency will ever ask for personal information or money over the phone.. Don't get caught up in what may seem like an emergency situation. Just hang up, Please check one more time. [View full article] Now it’s ‘psychological warfare’! Evolving Voice Phishing Techniques (Shortcut)

Safety facility ‘drowsy rest area’ actually causes conflict… Experts on limited authority responsibility say, “Managers must improve safety device structures and strengthen guidance.” The Chuseok holiday, when mass migration of people takes place. There is a space for tired drivers to take a moment to catch their breath. It is a ‘drowsiness rest area’. Although it is a safety facility installed to prevent drowsy driving, it has recently been pointed out that it has become a source of accident risk and responsibility disputes. The safety space is a ‘liability blind spot’ and is especially vulnerable to drowsy driving and secondary accidents due to long-distance driving during the Chuseok holiday. According to the Korea Expressway Corporation, a total of 167 traffic accidents occurred during the Lunar New Year and Chuseok holidays over the past five years. Of these, 109 (65.3%) were accidents due to drowsiness or lack of attention. During the same period, a total of 13 people died in holiday traffic accidents, and three of them lost their lives in secondary accidents, which have a fatality rate more than six times higher than regular accidents. The problem is that sleepy rest areas, which are supposed to prevent such accidents, are becoming another danger zone. A sleepy rest area is classified as a temporary rest area rather than a simple parking lot. Many places have structural problems such as short and sharp entry/exit roads, unclear internal movement lines, and insufficient lighting, so collision accidents occur frequently during entry, reversal, and cutting in. In fact, accidents involving entering and reversing vehicles frequently occur in sleepy rest areas during the holiday season. In this case, even if the victim raises structural problems with the facility, in most cases, driver negligence is considered a greater fault during the dispute process. Currently, the Ministry of Land, Infrastructure and Transport and the Korea Expressway Corporation are responsible for managing highway drowsiness rest areas. However, unless a serious defect in facility management is clearly proven, the responsibility of the management entity for accidents within the shelter is often limited. Because most accidents are the result of driver negligence, victims are easily caught up in liability disputes without proper compensation. Lawyers specializing in traffic accidents point out that there is a blind spot in victim protection. Kim Min-soo, a lawyer at Daeryun Law Firm, explained, “If a defect in the installation or management of a drowsy rest area is the cause of the accident, the ‘installation and management of the installation and management of the installation can be held responsible’ under civil law. However, the reality is that in most cases, the driver’s negligence is considered first, so it is difficult for the management entity to be held responsible.” Expert “Facility improvement and guidance must be strengthened.” Heo Eok, director of Gachon University's Safety Education Training Center, said, "As drowsy rest areas are managed by the Korea Expressway Corporation, they should categorize accident cases and notify drivers, and be equipped with sufficient safety devices such as sidewalk dividers and speed bumps." He also suggested, "We also need a system that provides guidance on precautions when entering and immediately shares information in the event of an accident." “We also provide on-site safety management and processing support in the event of an accident.” However, he drew the line, saying, “Dispute resolution, including calculation of fault ratio, is the responsibility of the insurance company.”[View full article] Accident at a ‘drowsy rest area’ on the way home for Chuseok… Who is responsible? (Shortcut)

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled on August 29, local time, that the imposition of reciprocal tariffs under the International Emergency Economic Powers Act (IEEPA) was illegal. Last May, the Court of International Trade (CIT) completely invalidated the executive order based on IEEPA and banned its enforcement. In this appeal, the Federal Circuit equally recognized the illegality of drug tariffs and cross-tariffs. President Trump immediately appealed the Federal Circuit's ruling. And President Trump said, "This is the most important case among the U.S. Supreme Court cases," and "Our country has a chance to become incredibly rich again, but if we don't win this case, we could become incredibly poor again," and warned that trade agreements with other countries, including Korea, could be invalidated. Even if the Supreme Court rules that the reciprocal tariff measures are illegal, President Trump will continue to enforce Article 122 of the Trade Act, Article 232 of the Trade Expansion Act, and Article 338 of the Tariff Act. Experts believe that reciprocal tariffs can be replaced by other laws such as Article 301 of the Trade Act, so tariff imposition measures will continue during President Trump's term. Therefore, rather than expecting President Trump's tariff policy to be withdrawn, domestic export companies need to minimize damage with government support and at the same time re-establish export strategies in line with US tariff regulations. First, the HS code of the exported product must be accurately confirmed. Depending on the HS code of the exported product, it is determined whether it falls under the item-specific tariffs imposed on aluminum, steel, automobiles, and automobile parts, or is subject to reciprocal tariffs, so it must be confirmed. Also, the country of origin of the exported product must be confirmed. Origin is divided into 'preferential origin' for receiving preferential treatment such as FTA and 'non-preferential origin' for non-preferential purposes such as reciprocal tariffs. Since the purpose of classifying the country of origin is different, it should be noted that even if a product is determined to be a Korean product according to the FTA origin determination criteria, it may be judged as a Chinese product according to the US non-preferential origin determination criteria. Tariffs are calculated by multiplying the customs value of the imported goods by the tariff rate. In order to reduce tariffs, the tariff rate must be lowered or the taxable value must be lowered. Checking the HS code and country of origin of exported goods is to confirm the exact tariff rate. If it is difficult to lower the tariff rate due to changes in the supply chain, etc., measures to lower the taxable price should be considered. Currently, domestic export companies are lowering the export price by reducing the margin included in the export price to respond to the US tariff policy. However, caution is needed when arbitrarily adjusting the price because the U.S. Customs may view the adjustment as an abnormal discount and not recognize the import declaration price. So, what is a legal way to reduce the customs value? Unlike Korea, the United States calculates the taxable value based on FOB (Free on Board) price. In Korea, international transportation freight and insurance are taxed based on CIF (Cost, Insurance, Freight), but in the United States, which is based on FOB, international transportation freight and insurance are not included in the taxable price. Under U.S. customs law, when selling under EXW (Ex Works) conditions, if inland freight and other service costs incurred in the exporting country are not included in the price, they are not taxed as international transportation freight. In the case of sales under Incoterms other than EXW, the inland freight and other service costs of the exporting country are separately specified, and costs incurred after the product is placed with a carrier for export to the United States are considered international freight and are not taxed. If the relevant regulations are used, inland freight, terminal costs, forwarder costs, and document issuance costs incurred in Korea can be deducted from the taxable value when filing an import declaration in the United States, which will help reduce customs duties. In addition to the relevant regulations, the U.S. Customs Act stipulates costs that can be deducted from the taxable price, so domestic export companies need to review the costs included in the export price to see whether they can be deducted. Small Business Team[View full article] [Contribution] U.S. export product prices, deduction costs and procedures must be checked to respond strategically (Go here)

Daeryun Law Firm announced on the 2nd that it successfully completed a lecture on the theme of ‘Understanding Labor Cases’ for future lawyers at Sogang University Law School on the 30th. This lecture was prepared in accordance with the MOU signed between Daeryun and Sogang University Law School last year. Jeong Sang-hyeok, a lawyer at Daeryun Corporate Law Group (10th edition), introduced the outline, structure, and key issues of labor law under the theme of ‘Workers should know the law – A to Z of labor case practice.’ Attorney Jeong introduced on this day, “The essence of labor law is to protect workers who are relatively weak.” He explained, “Unlike civil law, which emphasizes free contracts, labor law presupposes an imbalance of power between employers and workers. For this reason, a one-sided mandatory provision that renders contract terms unfavorable to workers legally invalid acts as a general principle.” In general, when you sign a labor contract, you can think of yourself as agreeing to all the conditions, but the minimum standards guaranteed by law, such as minimum wage, severance pay, and annual leave, take precedence over the contract terms. Attorney Jeong emphasized, “Labor law is a ‘lifestyle law’ that can be used in any career. If you know the law, you can protect yourself in unfair situations.” In the lecture, Attorney Jeong explained the theory and also presented specific response strategies focusing on key issues that frequently arise in the actual field. It introduced practical cases such as bullying and sexual harassment in the workplace, various disciplinary actions such as dismissal and demotion, non-payment of wages and severance pay, and industrial accidents, and provided detailed guidance on legal relief procedures appropriate for each situation. In particular, he added practical advice, saying, “Issues that violate labor laws, such as non-payment of wages, can only be handled by reporting them to the Labor Office, which has a labor inspector with the status of a special judicial police officer, not to the police.” Daeryun Corporate Legal Group operates detailed centers in corporate consulting, corporate rehabilitation and bankruptcy, M&A, asset management, personnel and labor, and management rights disputes, providing legal services tailored to the characteristics of the case. Attorney Jeong said, “In this lecture, I looked at the institutional changes in the labor environment that workers will face and explained their importance from various perspectives,” and added, “I hope that this will serve as a milestone that provides direction to future legal professionals.” Reporter Jeong Cheol-wook[View full article] Seoul Shinmun - Daeryun Law Firm lectures on labor law to future lawyers at Sogang University (link) Lawleader - Daeryun, Sogang University Law School ‘Labor law lecture to protect my rights from part-time workers to new employees’ (link)