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Financial News
2025-09-10
"경력보다 중요한 건 고객 눈높이"...‘관록 군단’ 대륜 변호사 3인의 통찰
“What is more important than experience is the level of the customer’s eyes”... Insights from three ‘experienced’ Daeryun lawyers
"What the client wants is not the title of Jeongwan.. Run until the end, When we work together with sincerity and skill, Only then can trust arise."Jinwon Kim, attorney at Daeryun Law Firm(Judicial Research and Training Institute 21energy)This is how he answered the question about military honors:. 20Served as a prosecutor for over a year 10He started out as a lawyer a year ago and still goes back and forth between investigative agencies and courts every day.. This is because I believe that being supportive by the client's side is the only way to gain trust..17Attorney Lee Il-kwon, who served as a prosecutor for over a year(training center 23energy)We always meet clients directly on site.. This lawyer “Many clients are ‘name value’As much as I entrust the case to you, trusting my knowledge and experience rather than, There is an obligation to respond to this”said.Attorney Kim Nak-hyeong, former chief judge(training center 34energy)The day goes by without a break.. 3000Attorney Kim, who has written more than a dozen judgments, is now involved in writing documents for clients as a lawyer..Three lawyers from the Yeongnam area of ​​Busan who have maintained practical experience for a long time. 10I met Daeryun Il at the Busan branch office.. These are the chief prosecutors, New trends in the lawyer market, starting with the role of lawyers who served as chief judges, great wheel ‘All members of the team attended the trial’ He spoke frankly about the system, etc..Below is a Q&A with the lawyers.-There is often a preconceived notion that highly experienced lawyers only post their names or give advice behind the scenes.. If there is a reason to be deeply involved in the incident directly at the scene.▲Jinwon Kim(Jin below): In the past, the so-called ‘All halls’They just put their name on it, It was a practice in some cases for junior lawyers to carry out actual litigation.. Now you can never do that because all legal information and lawyers are transparently disclosed.. Because a trusting relationship with a client is created through the process of recording and reviewing directly, I always go to the field..▲Lee Il-kwon(Below this): Investigations and trials are highly fluid., Accidental situations also occur frequently.. In these situations, lawyers must be able to judge and make decisions in the moment.. In my case, since I have more relevant experience, the likelihood of being able to use my reflexes is relatively high.. Many of Daeryun's former lawyers are investigating agencies., This is also the reason why I practice in fields such as courts.. Client trust and satisfaction can also be said to be high..▲Nakhyung Kim(Kim below) : Most clients who entrust their cases to lawyers are bound to feel a considerable burden of costs.. This is a case that the client worked so hard to raise the cost for., Just putting your name on the table but not actually handling the work can be said to be a betrayal of your basic duty as a lawyer..-Daeryun Law Firm 'The entire case team attended the trial.' I heard that a system is being implemented.. How do you think this system can help clients?.▲seaweed: From the client's perspective, an investigation or trial is a once-in-a-lifetime moment.. In most cases, appearing in court itself is scary and daunting.. Therefore, it can provide psychological stability by giving the perception that multiple lawyers are providing thorough legal protection..▲this: In principle, I am in favor of everyone attending the trial.. The presence of all attorneys in charge increases the client’s trust in the law firm and at the same time ‘customer focus’This is because it can provide value and satisfaction of. Of course, I am confident that if efficiency can be further increased in the process of establishing the system, such as allocating lawyers within the same area, it will be a necessary system for clients..-Lawyers with different strengths ‘one team’Is there a reason why it is composed of and an example of synergy?.▲seaweed: Related to pornography incident, I worked on the case with attorney Lee Il-kwon.. Attorney Lee reviewed investigation records, I was mainly responsible for formulating the trial strategy.. In the process of reviewing the evidence records together, legal judgments and advice, including confessions and recommendations for reflection, were provided, resulting in a suspended sentence..▲this: The reason for pursuing one team is to promote collaboration and growth.. In the case of Daeryun, experienced veteran lawyers and junior lawyers, A lawyer who acts as a bridge in the middle comes together to form a sum.. This is because the experience of veteran lawyers and the mobility of junior lawyers can create good synergy.. During this process, junior lawyers review investigation records, Write a statement of opinion, You will have know-how in practical writing, such as witness interrogation.. Ultimately, all these efforts for the sake of the original team ‘Client's Trust’Aiming for one goal:.-What values ​​do you think are most important to a lawyer today?.▲seaweed: In the past, in the legal profession, he was the chief judge of the court., High-ranking former prosecutors and former prosecutors only put their names forward and do not even appear in court., I understand that in severe cases, there were some unreasonable practices, such as office managers writing letters.. However, since the introduction of law schools, tens of thousands of people are competing.. The practice of giving honor to all officials is no longer found., Clients are well aware of the reality in the legal profession that they cannot get the results they want by relying on courtesy.. Therefore, not only do we currently have expertise and skills in related cases, but also how much ‘customer focus’The only criterion is whether a lawyer can convey his know-how to clients, and this is the direction of the times that cannot be reversed..▲jin: In the past, it may have been said that everything was in sync with just one title., The current situation is completely different. Even if you have a long period of legal experience ‘Practical processing ability’Because I think we need to have, I want to maintain an attitude of always learning and learning.. This is because such efforts are passed on to the client..▲this: In the past, so-called lawyers ‘name value’Ina ‘authority’was important. And lawyers who have this are often ‘former lawyer’It was called. Because there was virtually no way to obtain information about the lawyer., There were also many cases of indiscriminate appointment of lawyers through legal brokers.. But now we live in an era where all information is made public through the Internet.. What clients want from lawyers like us ‘name value’It will be their knowledge and experience, not. Therefore, explain your capabilities well to the client., It can be said that the most important thing is to naturally trust lawyers.. Reporter Kwon Byeong-seok (bsk730@fnnews.com) [View full article] “What is more important than experience is the level of the customer’s eyes”... Insights from three ‘experienced’ Daeryun lawyers (link)
Money S
2025-09-10
300명 구금 사태로 본 미국 비자 리스크… 'E4 비자' 신설 가능성은
US visa risks seen in the detention of 300 people... The possibility of establishing a new ‘E4 visa’
[Interview] American lawyer Mia Kim, Daeryun Law Firm As more than 300 Korean workers were recently detained in the United States on charges of illegal stay, changes in immigration and visa policies are emerging as important management risks for companies expanding overseas. For Korean companies turning to the global market, stable human resources management and compliance with local laws are becoming important survival tasks. On the 10th, U.S. lawyer Mia Kim of Daeryun Law Firm found the root cause of this situation to be the 'Trump administration's policy of strengthening the crackdown on illegal immigrants.' He pointed out the reality that issuing legal work visas such as professional work visas (H-1B) and expatriate visas (L1·E2) is very difficult and takes a long time. Because of this, many short-term workers would have had no choice but to rely on short-term business visas (B1) or Electronic Travel Authorization (ESTA). Attorney Kim said, "Even if you pass the lottery, it takes 3 to 4 months to issue an H-1B visa, and the reality is that it is difficult to issue an L1 or E2 visa because it must meet strict requirements such as proof of expertise." He mentioned the establishment of a new 'Korean-only professional employment visa (E4 visa)' that is being discussed in some quarters. The E4 visa aims to help Korean professionals find legal employment in the United States and improve the investment environment for Korean companies in the United States, but it has not yet been legislated. Attorney Kim predicted, “In the future, multifaceted factors, such as Korea-U.S. relations and the lack of skilled manpower in the U.S., will determine the passage of E4 visas.” Attorney Kim especially emphasized the visa problem of small and medium-sized partners entering the market with large corporations. This is because small and medium-sized businesses with limited manpower and resources are more vulnerable to visa problems and lack the ability to respond to local laws. “Each company has different situations, so suitability for visa requirements may also vary,” he advised. “Uniform applications that do not take this into account can lead to legal risks.” A warning was also added that illegal stay is subject to strict crackdowns, so it is difficult to avoid forced departure or punishment. This incident once again confirmed to companies dreaming of expanding overseas that it is essential to be aware of visa issues and manage risks through thorough legal review. Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] US visa risks seen in the detention of 300 people... The possibility of establishing a new ‘E4 visa’ (link)
Maeil Ilbo
2025-09-09
[전문가기고] 이혼 소송, 양육권 다툼 여자가 유리하다?…자녀 복리가 우선
[Expert Contribution] In divorce proceedings and custody battles, does the woman have the advantage?... Children's welfare comes first
One of the most acute issues in divorce proceedings is the issue of custody. In cases where there is a fight over custody, it is rather good. This is because it means that the parents at least have the will to raise the child. On the other hand, if you try to avoid childrearing responsibilities by passing them on, you are bound to be in trouble. Custody is not just a battle for rights, but an issue directly related to the life of the child. Division of property or alimony can be settled in money, but custody of a child has a decisive impact on the life of the parents as well as the growth and development of the child, so the judgment must be cautious. So, what standards will the court apply when appointing a custodian? It is often said that ‘women have an advantage when it comes to custody.’ To conclude, half are right and half are wrong. The standard that the court consistently emphasizes is the ‘welfare of the child’, that is, the stable growth and happiness of the child. First of all, the age of the child and the continuity of the childcare environment are important. In the case of preschool children or lower grades of elementary school, the parent who has primarily raised the child is often designated as the custodian. This is why mothers who have lived with their children are often designated as custodians, even if they are somewhat economically disadvantaged. Next, the parents' will and ability to raise children are also important criteria for judgment. Although high income does not mean that you will be granted custody, it is taken into consideration how diligently you are willing to take care of the child and whether your work or life pattern is suitable for raising the child. In this case, even if the child is economically active, if there is an auxiliary caregiver such as a grandparent who can cooperate in raising the child, it is considered positively. The child's will is also respected. In many cases, the court directly confirms the opinion of the child, such as who the child has formed a more stable attachment with and whether he or she is satisfied with his or her current life. In the past, there was a strong tendency to entrust custody to the mother when the child was young, but recent trends show a tendency to place more emphasis on the actual degree of childrearing participation and environment rather than the gender of the parents. The number of cases where fathers who have actively cared for their children are designated as custodians is steadily increasing. This can be said to be a trend that reflects social changes and changes in the division of roles within the family.[View full article] [Expert Contribution] In divorce proceedings and custody battles, does the woman have the advantage?... Children’s welfare comes first (link)
international newspaper
2025-09-09
펀딩 투자받고 보드게임 ‘미발송 ·환불 불가’…게임사 대표 ‘불송치’
Board game ‘not delivered, non-refundable’ after receiving funding investment… Game company CEO ‘Bulsongchi’
Police accused of not sending product for over a year and a half: “The funding method takes several months… It’s hard to believe that the victims didn’t know about it” A man in his 30s who was sued by investors for not shipping the product after receiving board game funding was cleared of charges. On the 11th of last month, the Busan Yeonje Police Station decided not to send the game company representative, Mr. A, who was suspected of fraud. Mr. A was accused of raising about 7.7 million won in funding for four types of board games through the company's website and crowdfunding site between February 2021 and September 2023, then failing to release the product and failing to refund the investment. Investors were promised payment of goods within one year after funding from Mr. A, but when payment was not made and communication was insufficient, they filed a class action lawsuit. Mr. A denied the charges. Although payment for the product was delayed, they claimed that they did not raise funds without the intention or ability to make the product in the first place. Mr. A explained, “We started actual production with the funding, but we were unable to produce it due to overseas factories being shut down due to COVID-19. Even though we produced it later, delivery was delayed due to product quality issues.” The police determined that Mr. A was not suspected of fraud. A police official explained, “Usually, the production of products through crowdfunding takes several months or more,” and “Considering that the plaintiffs reported damage nearly three years after the start of funding, it is difficult to say that they were not aware of the characteristics of the funding purchase method.” He added, “Even apart from liability for civil damages due to delayed delivery, it is difficult to admit that there was an act of deception.” Attorney Lee Il-kwon of Daeryun Law Firm, who represented Mr. A, said, “For a fraud to be established, it must be proven that the suspect did not have the intention or ability to produce the product at the time of the contract, that is, the intention of deception.” He added, “Mr. “We faithfully explained our efforts, and through this, we were able to receive recognition that the delay in product delivery and refund was not intentional.” Digital Content Team[View full article] Board game ‘not delivered, non-refundable’ after receiving funding investment… Game company CEO ‘Bulsongchi’ (link)
Loishu
2025-09-08
군인 성범죄, 처벌은 물론 파면·해임 가능…대응은?
Military sex crimes can be punished, including dismissal or dismissal... What to do?
The military is an important organization directly connected to national security, and discipline and discipline are strictly maintained. In particular, more severe punishments are being imposed for sex crimes that occur within the military. Military criminal law has higher sentences than general criminal law, and only stipulates a lower limit of imprisonment without fines. According to Article 92-3 of the Military Criminal Act, if soldiers or those with equivalent status commit acts that cause sexual humiliation through assault or intimidation, they are subject to imprisonment for a limited period of one year or more without a fine. Therefore, if you are serving in the military or are a paramilitary worker, you should be aware of this information. In addition, sexual offenses in the military are grounds for military disciplinary action. You may be subject to disciplinary action separate from criminal punishment. Although the aggravated punishment may vary depending on the factors, the punishment can range from a relatively light reprimand to a severe disciplinary action such as salary reduction, demotion, or even dismissal or dismissal. I will explain by citing a case of forced harassment by a soldier among the cases I have handled. In this case, the suspect, who was a military official, forcibly molested the victim, who was a subordinate. At that time, the suspect made physical contact against the victim's will, such as rubbing his face against the victim's face. The suspect claimed it was just a prank, but the victim filed a complaint with the police, saying she felt sexually shamed and insulted by the behavior. It may have started as a joke, but the suspect's behavior had a big impact. This is because it was a situation where he could be subject to not only criminal punishment but also disciplinary action. There was a high possibility that the worst-case scenario would occur where the suspect, who was close to retirement age, would not receive pension payments ahead of retirement. According to relevant laws, pension payments could be restricted if the person was dismissed for serious corruption or crimes. For the suspect who should have received the lowest possible punishment, the author looked closely at the case. Since the circumstances were clearly proven, an attitude of reflection was important. The priority was to admit all charges and offer a sincere apology to the victim. Thanks to these efforts, we were able to obtain forgiveness from the victim and elicit his intention not to be punished. In addition, as a result of comprehensively examining various factors such as completion of anti-recidivism training and petitions from people around him, the case was concluded with a suspended indictment. Park Gyeong-ok, a military lawyer at the Daeryun Law Firm, said, "The role of a representative is essential to resolve military sexual crime cases in the desired direction. In the case above, if you proceed with the case alone and recklessly fight for innocence by saying, 'I did nothing wrong,' it will have the opposite effect of aggravated punishment. “The possibility was high,” he said. “Since the initial response largely determines the outcome, I think it is necessary to prepare the right strategy through sufficient consultation with a military lawyer.” Reporter Gayoung Jin (lawissue) (news@lawissue.co.kr)[View full article] Military sex crimes can be punished, including dismissal or dismissal... What to do? (Shortcut)
KBC Gwangju Broadcasting
2025-09-08
속옷 차림 女 합성 사진·신상정보 SNS 올린 40대 '무죄'...왜?
A woman in her underwear in her 40s who posted composite photos and personal information on social media was found not guilty... Why?
Mr. A was indicted on charges of posting synthetic pornography received from an unknown person on SNS. Court said, "It does not explicitly express sexual parts or actions." A man who was handed over to trial on charges of distributing composite pornography on SNS was found not guilty in the first trial. On the 22nd of last month, Daejeon District Court Hongseong Branch acquitted Mr. A, in his 40s, who was indicted on charges of distributing pornography under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Information and Communications Network Act). Mr. A was accused of receiving a composite photo of a specific woman's face and body parts in underwear in May of last year from an unknown person and posting it on his SNS account. At the time, it was confirmed that Mr. A had also entered information about the woman's name, age, and physical condition. Mr. A denied the charges. It is true that he posted some photos received on SNS, but the intention is that it is difficult to view these photos as 'pornography.' He emphasized that there were no poses reminiscent of sexual activity. In addition, Mr. A added that, considering that he did not directly composite the photo and that the photo was so elaborately composited that it was difficult to clearly confirm whether it was composited, it is difficult to say that he posted it intentionally for obscenity. The court found Mr. A not guilty. The court explained, "Looking at the photos, it is difficult to evaluate that they explicitly express or depict sexual parts or sexual acts." “Even when compared to ordinary women’s underwear advertisements, the difference does not appear to be significant enough to be considered pornographic,” said attorney Byeon Gwan-hoon of Daeryun Law Firm, who acted as legal representative for Mr. A. “According to precedent, in order to call it a ‘pornographic material,’ it is not enough to simply give a vulgar and promiscuous feeling related to sexual interest, and sexual parts or actions must be expressed in an excessive and explicit way,” he said. “Based on these contents, the post in question requires criminal punishment.” He emphasized that it is difficult to determine that it constitutes 'pornography'. #Distribution of pornography #Synthetic pornography #Accident #Not guilty Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] A woman in her underwear in her 40s who posted composite photos and personal information on social media was found not guilty... Why? (Shortcut)
6 places including Korea Economic Daily
2025-09-08
법무법인 대륜 이서형 변호사, 식약처 고문변호사 위촉
Attorney Seohyung Lee of Daeryun Law Firm appointed as advisor to the Ministry of Food and Drug Safety
Attorney Seo-Hyung Lee “We will create a regulatory environment that harmonizes safety and innovation” Attorney Seo-Hyung Lee, head of the Daeryun Medical Pharmaceutical Group at the law firm, was appointed as an advisory attorney at the Ministry of Food and Drug Safety on the 13th of last month. The advisory attorney at the Ministry of Food and Drug Safety reviews in advance legal risks that may arise during the administrative disposition process and plays the role of defending the legitimacy of the disposition in administrative litigation. In addition, consistent interpretation standards are presented when new laws and regulations are implemented to prevent policy confusion and prevent unnecessary disputes. This lawyer will be responsible for ensuring legal stability and reliability in the overall implementation of the Ministry of Food and Drug Safety's policies, including responding to lawsuits, interpreting laws, and reviewing contracts. In particular, we plan to minimize uncertainty in the policy implementation process through clear legal interpretation and practical advice in new technology fields such as AI medical devices, digital healthcare, advanced regenerative medicine, and clinical trials. This lawyer is a convergence expert with qualifications as a lawyer, patent attorney, and pharmacist, and has activities such as legal director and academic committee member of the Korean Society of Medical Informatics, IRB and DRB member of a tertiary general hospital, member of the Korean Medical Law Society, member of the Korean Society of Bioethics, and advisory member of the Future Medical Research Foundation under the Ministry of Science and Technology. In addition, he has provided numerous consultations to the Ministry of Health and Welfare, the Ministry of Food and Drug Safety, the Korea Disease Control and Prevention Agency, and affiliated public institutions, and has extensive experience in symposiums and conferences invited to related academic societies and associations, and writing books in the life and medical fields. This lawyer is the head of the Daeryun Medical Pharmaceutical Group at the law firm Daeryun Law Firm. ▲We provide advice on various legal issues that may arise during the product development and market entry stages, such as medical advertising and marketing. In addition, we are in charge of preventive consulting and establishing post-response strategies for the overall healthcare industry, encompassing not only management-related risks such as establishment and operation of medical institutions, institutional certification, and human resource management, but also administrative disposition response, criminal procedures, use of personal information and medical data, technology transfer, and intellectual property rights disputes. Attorney Lee said, "At the stage of establishing new regulatory policies, we minimize legal uncertainty and ensure safety. “Our goal is to help proven innovative technologies quickly enter the market,” he said, adding, “We will contribute to the establishment of regulations that support industrial growth while prioritizing public safety.” Meanwhile, Daeryun Medical and Pharmaceutical Group Law Firm has many experts in fields such as medical law and pharmaceutical law, and provides customized legal services to clients through systematic analysis. Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic Daily TV - Attorney Seohyung Lee of Daeryun Law Firm appointed as advisor to the Ministry of Food and Drug Safety (Click here) Legal Times - [Law Firm iN] Attorney Daeryun Lee Seo-hyung appointed as advisor to the Ministry of Food and Drug Safety (Click here) Law Leader - Daeryun Law Firm's Seohyung Lee, appointed as advisory attorney by the Ministry of Food and Drug Safety (Click here) Medipana - Lawyer Seohyung Lee of Daeryun Law Firm appointed as advisor to the Ministry of Food and Drug Safety (Click here) Tax and Finance Newspaper - Lee Seo-hyung, head of Daeryun Medical Pharmaceutical Group at Law Firm, appointed as advisory attorney to the Ministry of Food and Drug Safety (Go here) Daily Farm - Attorney Seohyung Lee (pharmacist) appointed as advisory attorney by Ministry of Food and Drug Safety (Click here)
legal newspaper
2025-09-08
[판례평석] 원발부위 기준 분류조항에 대한 보험자의 설명의무
[Case law commentary] Insurer's obligation to explain classification provisions based on primary site
supreme court 2025. 5. 15. sentence 2025all209662 judgment - 1. Classification provisions and explanation obligations based on primary site The most common cancer in Korea is thyroid cancer.(2022by year). Thyroid cancer often metastasizes to other organs or tissues.. insurer(insurance company)If the policyholder develops metastatic thyroid cancer ‘Thyroid cancer diagnosis insurance benefits’Separately from ‘General cancer diagnosis insurance benefits’Among the terms and conditions of the cancer insurance contract to prevent payment of ‘Secondary and unspecified site malignant neoplasms(cancer)In the case of primary malignant neoplasm(cancer)If this is confirmed, the primary site(Area where it first occurred)Classify based on’The contents of the so-called ‘Classification provisions based on primary site’It stipulates. in other words, When thyroid cancer has spread to lymph nodes, Thyroid cancer as primary cancer, Considering lymph node metastatic cancer as a secondary malignant neoplasm, it stipulates that only insurance payments based on the thyroid cancer site will be paid and no insurance payments will be made for lymph node metastatic cancer..However, there has been a long-standing dispute as to whether this classification clause based on the primary site corresponds to an important matter of an insurance contract and is subject to an obligation to explain.. There has been no Supreme Court precedent on this issue until recently., In the lower court cases, there was a tense conflict between cases that said the duty to explain was subject to it and cases that said that it was not the subject..2. In fact, the plaintiff, who is the insurer, and the defendant, who is the policyholder, 2013A cancer insurance contract was signed in 2018..The insurance contract in this case is, Cancer diagnosis fee when cancer diagnosis is confirmed after the coverage start date 300010,000 won paid, When diagnosis of cancer other than minor cancer is confirmed after the coverage start date, cancer diagnosis fee other than minor cancer 4000It is decided to pay 10,000 won.. The special terms and conditions for cancer diagnosis expenses in the insurance contract in this case stipulate classification provisions based on the primary site..The defendant 2023Thyroid cancer in hospital(Corporal code C73), lymph node metastasis(Corporal code C77)After being diagnosed with, I underwent thyroid unilobectomy and central lymph node dissection.. The defendant charged the plaintiff with standard cancer diagnosis fees for thyroid cancer due to lymph node metastasis..But the manuscript ‘Since the classification clause based on the primary site is general and common in transactions and can be expected by the policyholder, it is not subject to the obligation to explain., Plaintiff gave defendant lymph node metastasis(C77)Insurance money according to 7000There is no obligation to pay 10,000 won.’A lawsuit was filed against the defendant to confirm the absence of debt, claiming that.3. my1Judgment system of trial and original trial1planted “① It can be said that classification provisions based on the primary site are generally common in transactions., ② It is reasonable to view the classification clause based on the primary site as a clause that policyholders can fully anticipate, even if there is no separate explanation.. Therefore, the defendant cannot claim a violation of the plaintiff's obligation to explain the classification criteria in this case.”Even if the plaintiff did not fulfill his obligation to explain the classification clause based on the primary site to the defendant, the plaintiff's claim was accepted, saying that the plaintiff's insurance payment obligation to the defendant under the insurance contract in this case does not exist.. The defendant appealed this, but, Centrifugation is also1The defendant's appeal was dismissed, saying that the deliberation's findings of fact and judgment were recognized as fair..4. Supreme Court's Judgment The Supreme Court presented the following two reasons and concluded that the original trial's judgment had an error that influenced the judgment by misunderstanding the legal principles regarding the obligation to explain insurance terms and conditions., The decision was made to overturn the original judgment and remand the case to the original court..go. The classification clause based on the primary site is an important part of the insurance contract.“The classification clause based on the primary site is related to what is to be covered as an insured event in an insurance contract and determines whether there is actually an obligation to pay insurance money., As a core matter of an insurance contract that is directly related to the scope of coverage or insurance payment amount,, It should be considered an important content of the insurance contract in this case because it can directly affect whether or not to conclude an insurance contract or determine the price for it..”me. General insurance policy holders cannot expect that metastatic cancer will not be covered as cancer.“Main contract terms and conditions of the insurance contract in this case ‘asterisk 14’In the classification number ‘C76~C80’of unclear, Secondary and malignant neoplasms of unspecified site’is specified as an independent cancer.. Then, as a general public, without an explanation from the insurer regarding the classification provisions based on the primary site, ‘If you are diagnosed with secondary cancer that has metastasized from thyroid cancer, you cannot receive cancer coverage based on the exclusion clause for thyroid cancer, etc. and the classification clause based on the primary site.’It doesn't seem easy to predict that. In fact, the provisions for classification based on the primary site are so-called thyroid cancer, etc. ‘small cancer’It was introduced in accordance with the insurance terms and conditions improvement plan prepared by the Financial Supervisory Service to resolve the confusion that occurred in insurance payment practices due to the lack of established standards for classifying cases that have spread from one part to another.. Considering the terms and conditions of the insurance contract in this case and the introduction of the classification clause based on the primary site,, Since the classification clause based on the primary site is a general and common matter in transactions, it is difficult to say that the policyholder could have sufficiently anticipated it without a separate explanation..”5. The classification clause based on the primary site of flats results in the fact that cancer patients who have metastasized from a site recognized as a small cancer to a site recognized as a general cancer will have no choice but to receive compensation only for small cancer insurance based on the primary site according to the classification special agreement based on the primary site. ‘Reduction regulations or exemption regulations that limit general cancer insurance payments’corresponds to. According to the classification provisions based on the primary site, in the case of secondary and unspecified malignant neoplasms, as in this case, they are classified based on the thyroid gland, which is the site where the cancer first occurred, and general cancer diagnosis fees cannot be paid., Even if the defendant had been informed of the above special provisions, it cannot be assumed that he would have entered into each insurance contract in this case.. Therefore, the classification clause based on the primary site actually corresponds to the standard for determining whether or not to pay insurance money or the amount, and is an important content of the insurance contract., The classification provisions based on the primary site cannot be viewed simply as confirmation regulations regarding the definition or classification criteria of cancer..In an insurance contract that did not have a classification clause based on the primary site, there was no established standard for classifying cancer that had spread from the thyroid gland to other parts, such as lymph nodes. As confusion arose over whether or not to pay general cancer insurance benefits, the Financial Supervisory Service 2011year 4In the case of metastatic cancer where the menstrual primary site is confirmed, guidelines were issued to improve insurance policy provisions to pay insurance benefits based on the primary cancer., Accordingly, most insurance companies began to include classification provisions based on the primary site in their cancer insurance terms and conditions.. In this way, there have been frequent disputes between policyholders and insurance companies regarding whether cancer that has spread from the thyroid gland to other parts is considered general cancer., In light of the fact that the classification clause based on the primary site reduces the scope of insurance payment by considering metastatic cancer, which could be recognized as general cancer in the absence of a special contract, as primary site cancer., In the case of secondary and unspecified malignant neoplasms, the classification based on the primary site and exclusion from general cancer cannot be said to be a matter that the policyholder was aware of at the time of entering into the insurance contract in this case, or a matter that was common and common in transactions and could have been fully expected even without separate explanation, or a matter that is merely an amplification of the standard of medical judgment.. Rather, there has been a lot of confusion regarding the classification method for metastatic cancer., It should be seen that the need to explain the contents in detail was more urgent in order to avoid a situation where the policyholder enters into an insurance contract without knowing this and suffers an unexpected disadvantage..In addition, the classification provisions based on the primary site include technical terms, etc., so the content is not simple., Even though malignant neoplasms exist in the thyroid gland and other parts of the body other than the thyroid gland, it is difficult to understand without further explanation that it is treated only as thyroid cancer.. In particular, if the meaning of the terms and conditions is unclear, such as because the insurance contract provisions can be interpreted multiple times and each interpretation is reasonable, they must be interpreted in a way that is favorable to the customer.(supreme court 2008all81633 See Judgment).Considering the above, it is reasonable that the target judgment determined that the classification clause based on the primary site is an important content of the insurance contract and is subject to the obligation to explain..Until recently, there was no Supreme Court precedent on whether the classification clause based on the primary site was subject to the obligation to explain, and the judgments of the lower courts were mixed., The Supreme Court 2025year 3month 13Day 2023all250746 Starting with the ruling 2022all263813, 2023all273633, 2023all245058 Judgment and target judge 2025all209662 By issuing rulings, etc., it was made clear that the classification provisions based on the primary site are subject to the obligation to explain..The ruling is considered to be of great significance in that it presents unified standards for statutory interpretation related to the above issues.. In addition, it is expected that the ruling will significantly reduce disputes over whether the classification clause based on the primary site is subject to the obligation to explain in the future.. [View full article] [Case law commentary] Insurer's obligation to explain classification provisions based on primary site (link)
SBS Biz
2025-09-05
KT 쓰는 광명시민 발칵…해킹 의혹 '서버파기' 논란
Gwangmyeong citizens who use KT are excited... Controversy over suspected hacking and 'server destruction'
‘Obi Rock’ KT… Controversy over suspected hacking and 'server destruction' [Anchor] At a time like this, in Gwangmyeong-si, Gyeonggi-do, hundreds of thousands of won in small payments were stolen from several people's mobile phones early in the morning, causing massive damage. Attention is focused on the results of the police investigation in connection with the recent hacking incident at a telecommunications company. It is said that all 20 victims were KT users, and in particular, KT's server was destroyed in relation to this hacking incident, which was raised in the National Assembly. In a situation where telecommunication companies deny the hacking itself, the suspicion of server destruction, which could be key evidence, is causing a stir. Reporter Seulgi Cho reports. [Reporter] Choi Min-hee, Chairman of the Science, ICT, Broadcasting and Communications Commission, strongly criticized KT and LG U+ for not voluntarily reporting hacking suspicions. [Choi Min-hee / Chairman of the National Assembly Science, Technology, Information, Broadcasting and Communications Committee: How do these telecommunication companies view the Ministry of Science and Technology of the Republic of Korea and KISA (Korea Internet & Security Agency) to act like this? .] At the same time, we raised suspicions about KT's server destruction and ordered a thorough investigation to determine whether this was intentional. [Choi Min-hee / Chairman of the National Assembly Science, Technology, Information, Broadcasting and Communications Committee: I heard that in the case of KT, the server was destroyed. (Ryu Je-myeong, 2nd Vice Minister of Science, ICT and Future Planning) Yes, we have confirmed that fact as well.] [Choi Min-hee / National Assembly Science, Technology, Information, Broadcasting and Communications Committee Chairman: Of course, it is a bit strange at this time. ‘Isn’t this done to remove traces of hacking? ' This kind of suspicion may arise... .] There are also voices from civic groups calling for a clear investigation of the facts in terms of user protection. [Han Seok-hyun / Seoul YMCA Citizen Relay Office Director: If the Ministry of Science and Technology has limitations in conducting investigations as a supervising ministry, the Personal Information Protection Committee will actively interpret the Personal Information Protection Act to address the damage from leaks in such situations... .] The server is key evidence that contains the hacker's infiltration path, the malicious code used, and the type of data leaked. If it was intentionally destroyed, it could be seen as an attempt to destroy evidence. [Son Gye-jun / Attorney at Daeryun Law Firm: We should look at (the issue) separately. We need to examine the evidence to see who is responsible, and identify who destroyed the evidence.] Although KT has stated that it is cooperating with the government investigation, it has not provided a clear answer to the related suspicions. Meanwhile, in Gwangmyeong, Gyeonggi-do, a case was reported to the police in which hundreds of thousands of won were withdrawn through small payments from the mobile phones of about 20 KT users, and an investigation is underway. This is Seulgi Jo from SBS Biz. Reporter Cho Seul-gi (skcho@sbs.co.kr)[View full article] Gwangmyeong citizens who use KT are excited... Controversy over 'server destruction' due to hacking suspicions (link)
2 places including Korea Economy TV
2025-09-04
“파급효과 다각적 검토”…대륜, 상법개정·노란봉투법 세미나 성료
“Multi-faceted review of ripple effects”... Daeryun, commercial law revision/yellow envelope law seminar successfully completed
Daeryun Law Firm announced on the 4th that it successfully completed a seminar on the theme of 'Commercial Act Amendment and Yellow Envelope Act Response Strategy' held at Daeryun's Seoul headquarters branch office on the 3rd. This seminar was prepared to examine the key issues of the Commercial Act Amendment Bill and the Trade Union and Labor Relations Adjustment Act, also known as the 'Yellow Envelope Act', which passed the National Assembly in succession in July and August, and to explore practical response strategies for companies. The seminar was held online and offline, and about 100 people in charge and practitioners from related industries such as finance, construction, service, and cargo attended. This seminar, which was divided into two sessions, featured attorneys Daeryun Bang In-tae (41st class of the Judicial Research and Training Institute) and Ho Gyu-chan (36th class) as presenters. In the first session, attorney Bang In-tae introduced the main contents and impact of the Yellow Envelope Act. Attorney Bang pointed out the key issues contained in this amendment, such as expanding the scope of parties to collective bargaining for employers, limiting claims for damages due to industrial action, and expanding the negotiation agenda, and explained the risks that companies may face after the law is implemented. He said, "The revised Labor Union Act contains many contents that can significantly shake up existing labor-management relations practices," and added, "It is most important to educate all executives and employees so that they can fully understand the contents of the revised law and strengthen trust and cooperation between labor and management." He gave advice. In the second session, lawyer Ho Gyu-chan presented the main contents of the commercial law amendment and its significance. Lawyer Ho analyzed in detail the major amendments such as the expansion of directors' duty of loyalty, improvements to the outside director system of listed companies, expansion of the 3% rule, and introduction of electronic general shareholders' meetings, and presented practical directions for responding to changes in corporate governance. Attorney Ho said, "With this amendment, it is expected that there will be many changes in corporate management, such as expanding the scope of directors' loyalty duty to protect the interests of total shareholders beyond the company." He added, "However, as issues such as what the interests of total shareholders are remain, future precedents and investigative agencies “It appears that close observation and analysis of the judgment and the Ministry of Justice’s authoritative interpretation will be necessary,” he explained. “This seminar was an opportunity to look at the institutional changes resulting from the two amendments and examine their ripple effects from a variety of perspectives,” said Daeryun CEO Kim Kuk-il. “I hope it will provide meaningful insight in preparing for the coming environment and serve as an important milestone in predicting the future of each company.” Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic TV - “Multi-faceted review of ripple effects”… Daeryun, commercial law revision/yellow envelope law seminar successfully completed (link) Tax Ilbo - Daeryun, commercial law revision/yellow envelope law seminar successfully completed... “Multi-faceted review of ripple effects” (Shortcut)
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