Press Coverage

The head of a multi-level sales organization, who was sent on charges of receiving investment money by recommending coin investment through an internet shopping mall, was cleared of charges. According to the legal community on the 23rd, the Jeonju District Prosecutors' Office decided not to indict A, a woman in her 50s, on charges of violating the Act on Regulation of Quasi-Receipt Activities on the 12th of last month. Person A ran a multi-level sales organization in March 2021 and received tens of millions in coin investment from victim B. In the process, Ms. A received 36 million won by promising to return the entire investment upon request when Ms. B complained about the burden of her financial situation. However, Ms. B expressed her intention to withdraw due to her husband's opposition, and when the return of the promised investment continued to be delayed, she sued them. Ms. A denied the charge, saying that the promise she made with Ms. B was not a guarantee of the investment but a guide to refunding the product. The shopping mall in question provides coins as free gifts when purchasing products. It was a payment system, but he claimed that he never recommended direct investment in coins. He said that he was also a victim who lost about 300 million won, and that he had never operated by promising principal guarantee to an unspecified number of people. The prosecution ruled that Mr. A was not guilty. In order to establish a quasi-receipt act, a 'business' agreement to guarantee the principal amount must be made to an unspecified number of people, and the 'return' mentioned by Mr. A is when the investment is withdrawn within a month to a specific person who complains of difficult circumstances. I thought the intention was to return the principal. Attorney Gwang-Woo Lee of Daeryun Law Firm, who represented Mr. A, explained, "For a crime of quasi-receipt to be committed, the key is to conduct business with an unspecified number of people," adding, "We argued that this case was only a personal promise taking into account the special circumstances of one complainant and cannot be considered a business activity as defined by the law, and this led to a non-indictment." Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] “Three times the principal amount guaranteed upon listing”...Woman in her 50s who recommended coin investment not prosecuted (link)

Plaintiff: “Investment after receiving a promise to guarantee the principal”: “In addition to receiving the profits for a considerable period of time… the plaintiffs are acquaintances, not an unspecified number of people” A man in his 50s who was accused of stealing 100 million won by recruiting coin investors using high profits as bait was cleared by the prosecution. The Tongyeong branch of the Changwon District Prosecutors' Office on the 26th of last month decided not to indict Mr. A, in his 50s, who was transferred on charges of violating the law on the regulation of fraud and similar receiving activities Mr. A was accused of opening an anonymous chat room with an acquaintance last year and then inviting Mr. B and others to invest in stocks, promising to guarantee principal and generate high profits. The investment they received was confirmed to be over 100 million won. The victims filed a criminal complaint, claiming that only a portion of the profits were paid at the beginning of the investment, and that they did not receive the principal or the profits back thereafter. He also emphasized that Mr. A and others committed the crime by using the so-called ‘turnaround’ method of using their investment funds as profits from other investors. However, Mr. A denied the charges. He said that he only lent the account based on the words of an acquaintance, and like other victims, he had not heard anything about specific investment details or profit structure. The prosecution ruled that there were no charges. The prosecution explained the reason for non-indictment by saying, “Coins are products with very high price fluctuations, and considerable discretion is granted to the operator when purchasing or selling an item, unless specifically specified,” and “It is difficult to admit fraud charges considering various circumstances, such as the fact that the complainants also appear to have had no knowledge of specific investment items, the fact that Mr. A immediately transferred most of the money received from them to an acquaintance, and the fact that the complainants received the profits for a considerable period of time.” Mr. A's legal representative Attorney Lee Il-kwon of Daeryun Law Firm said, "In this case, Mr. A can also be seen as a victim. He believed in the words of a close acquaintance and provided investment funds, and he simply complied with all of the acquaintance's demands in the hope of receiving the proceeds." He added, "For a quasi-receipt act to be established, there must be an act of raising funds in the name of investments, etc. from an unspecified number of people, and the accusers were acquaintances such as seniors and juniors at school. They were also not invited to the chat room. “It was a structure that was inaccessible to humans,” he said. “Also, when considering repetition, continuity, and business nature, there was no evidence to comprehensively admit illegal activities, such as business registration, advertising, or investment briefings to raise funds, so the case was acquitted.” Digital Content Team[View full article] A person in his 50s was sent on charges of ‘high-profit coin investment bait’ fraud… Prosecution: “Not indicted” (Shortcut)

Based on precedents of controversy over clause validity after contract termination 3There is a need to reach a balanced agreement from the beginning when all requirements are met. This is a scene we often see in franchise contract disputes.. This is a case where, after the contract is terminated, the franchise operator simply changes the sign at the existing business location and resumes business in a similar business or opens an independent store in a nearby area.. At this time, the franchise headquarters "Violated the non-competition clause in the contract."He said he is taking legal action., Affiliate store operators "The contract is over, what's the problem?"They fight back. At the center of the conflict 'Non-competition clause'This is in place. Is this clause valid even after the contract ends?? By what standard does the court judge?? Non-competition clause, Is the contract valid even after termination? Act on Fairness of Franchise Business Transactions(below 'Franchise Business Act') 6article 10Ho prohibits franchise operators from engaging in the same business as the franchisor during the period of the franchise contract.. This is to protect the operating profits of the franchise headquarters and maintain order in the franchise business.. There is similar content in the standard restaurant franchise agreement established by the Fair Trade Commission.. This is a clause that states that during the contract period, the franchisee cannot engage in the same business directly or through a third party without permission from the franchisor..The problem is after the contract ends.. Provisions prohibiting competition for a certain period of time even after the contract is terminated or terminated are constitutionally guaranteed. 'freedom of career choice'may directly collide with. Accordingly, the court applies fairly strict standards to the validity of the non-compete clause after termination of the contract.. Among the lower courts "Even if the franchise operator sets a non-competition period in accordance with the agreement with the franchisor, the type of franchise business, The role and proportion of franchise headquarters in the business operation process, After termination of the contract, the validity of the agreement must be determined based on whether there are interests of the franchise that are valuable enough to be protected by a non-competition agreement, taking into account all circumstances, such as the risk of trade secrets being leaked by the franchise operator or the possibility of misappropriation of the existing commercial area.. In addition, the person claiming it has the burden of proving all the circumstances that can recognize the validity of the above non-competition agreement."There is a ruling that said(2021year 7month 7Busan District Court 2020Gahap46673 judgment). The court's general position is that in order for a ban on competition to be recognized as valid, the following three conditions must be met:.first, There must be a legitimate interest for the franchisor to protect.. If the headquarters simply provided the right to use a trademark or general operating guidelines, such information is in the public domain and cannot be considered a level of benefit that justifies a ban on competition.. On the other hand, differentiated recipes, Independent marketing strategy, If educational materials that are trade secrets are passed on, the value of protection is recognized.. In this regard, Daegu District Court(2022me329254, 2023year 5month 10sentencing)The industry in which franchise operators are subject to a non-competition obligation is sweet and sour pork., Jjajangmyeon, In Saan, a widely known food sales business such as Jjambbong, restaurant business using such menus cannot be seen as being based on the franchisor's original ideas or know-how., It has been determined that the information provided by the franchisor to the franchisee according to the franchise agreement is not known to competitors and therefore cannot be considered a trade secret worthy of legal protection..second, The period, region, and scope of industry subject to competition ban must be reasonable.. generally 1period of less than a year, Existing store radius 1~3㎞ area within, Restrictions within the same industry are customarily permitted.. Beyond this, nationwide, 3more than a year, If it is set to encompass a wide range of industries, the court is likely to deny its effectiveness.. Suwon District Court(2023Gahap18730, 2024year 12month 18sentencing)After the franchise agreement ends 1Concerning the contract clause prohibiting management, investment or advice in the same industry in the name of oneself or a family member in any region of the country for one year. "The terms and conditions are unfair and invalid because they broadly restrict franchisees’ freedom of occupation."I decided.third, Whether compensation was provided to the franchise operator is also an important factor.. If a certain amount of compensation is paid in exchange for restricting business for a certain period after the termination of the franchise agreement, or if a structure is in place to compensate for the franchisee's losses, the legitimacy of the prohibition of competition is further strengthened.. Non-competition clauses must be carefully reviewed before concluding a contract. In light of these standards, franchise operators need to closely review the non-competition clause in the contract before concluding a contract.. In particular, if post-termination restrictions are included, you should check in advance whether it will conflict with the business model or industry you envision in the future.. simply "It’s irrelevant because the contract is over."It is dangerous to make a judgment like this., This may lead to civil liability such as penalties or compensation for damages..It is also undesirable for franchisors to establish unreasonably broad and long-term bans on competition.. Excessive restrictions may not only be legally invalid, but may also have a negative impact on brand image.. Damaging the trust relationship with franchise operators, There is a high risk of causing unnecessary disputes.. The non-competition clause depends on the characteristics and level of know-how of the relevant franchise business., It must be set within a reasonable range by comprehensively considering the franchise business type, etc.. The non-compete clause is an important element that constitutes the essence of a franchise business.. If a franchise operator accumulates various know-how while doing business based on the systematic support and brand value of the headquarters, and uses this as is to start a similar business after the contract ends, it will be a huge loss to the headquarters.. This goes beyond simple freedom of business and acts as a serious problem that can undermine the order of the entire franchise contract..At the same time, this does not justify unconditional bans and broad restrictions.. The effect of the non-competition clause is 'rationality'class 'righteousness'It operates on two axes:, The judgment always depends on the facts of each individual case.. The important thing is that both parties are fully aware of their respective rights and obligations at the time of entering into a contract and then agree to fair and balanced terms.. Furthermore, it is also necessary to receive assistance from a legal expert as a preventive measure before a dispute occurs..Considering that franchise business is structured based on long-term trust and cooperation, non-competition clauses should be understood not as simple restrictions but as a device for the sustainability of partnerships and a fair competitive order.. We hope that both franchisors and franchise operators will create a more transparent and sound franchise business culture based on this awareness.. [View full article] A franchise store closes and a new store opens next door? Have you considered the ‘non-competition clause’? [Daeryun’s Biz law forum] (Shortcut)

Daeryun Lee Il-hyeong, lawyer, "After the introduction of the CSO reporting system, interest in pharmaceutical companies has increased" "Establishing a sound business method - upgrading the compliance system...an essential task for sustainable development" 1. Introduction Rebates are a long-standing issue in the pharmaceutical industry, but the industry's attention is being focused again due to the government's strengthened regulations, including the recent introduction of the CSO reporting system. In this contribution, we systematically examine the historical evolution of rebate-related regulations and analyze the latest regulatory trends and future prospects. 2. Concept and characteristics of rebates A pharmaceutical rebate refers to a payment in cash or in kind by a pharmaceutical company or wholesaler to medical personnel, medical institution founders, or pharmacy operators to promote drug sales. The main forms include ▲supporting expenses for hospitals and clinics to attend overseas training and seminars ▲free supply of medicines to open hospitals and clinics ▲provision of in-kind items such as office equipment. The characteristic that distinguishes rebates in the pharmaceutical field from other industries is the strength of their regulation. Rebates are common not only in the pharmaceutical industry but also in other industries, and are subject to a certain level of regulation under the Fair Trade Act. However, due to its special nature in the pharmaceutical field, a multi-layered and strengthened regulatory system is applied, including the Fair Trade Act, Pharmaceutical Affairs Act, Medical Services Act, and drug price-related laws. 3. History of regulatory evolution: Step-by-step flow of strengthening Looking at the history of rebate-related regulations, we can see a clear trend in which the type and intensity of regulations have been continuously strengthened along with the growth of the pharmaceutical market. ▶ Stage 1: Early regulations centered on the Fair Trade Act (until the early 2000s) In the early days, regulations were mainly implemented by applying the Fair Trade Act to prohibit acts of enticing competitors' customers to do business with them by providing unfair or excessive profits in light of normal practices. ▶ Step 2: Introduction of the rebate-drug price reduction linkage system (2009) From August 1, 2009, the Ministry of Health and Welfare will implement the 'rebate-drug price reduction linkage system' as a means to eliminate the bubble in drug prices caused by rebates and eradicate rebates. However, this system was widely criticized as being unreasonable in administration, and, crucially, as cases of courts canceling dispositions continued to emerge, the system experienced ups and downs in the form of changes along the way. Nevertheless, similar systems continue to be implemented to this day. ▶ Step 3: Introduction of the rebate dual punishment system (2010) As rebates were not eradicated, the government introduced the ‘rebate dual punishment system’ in May 2010. The dual punishment system for rebates refers to ‘a system that punishes both those who provide and those who receive illegal rebates in the trade of drugs and medical devices’ (refer to the Ministry of Health and Welfare’s pharmaceutical policy website). The legislative history of the introduction of the dual punishment system is as follows. • July 1992: Prohibition of ‘providing prizes related to pharmaceutical transactions’ • December 2008: Prohibition of illegal rebates in the pharmaceutical sector • May 2010: Introduction of a dual punishment system that punishes kickback recipients ▶ Stage 4: Strengthening of administrative disposition standards (2011-2013) ∙ June 2011: Ministry of Health and Welfare Ordinance No. 62 In the revised 「Medical Related Administrative Disposition Rules」, standards for sanctions are established based on the results of criminal dispositions (refer to Seoul Administrative Court's 2017 Guhap 3526 ruling on December 14, 2017) ∙ April 2013: Additional strengthening of standards for administrative dispositions (suspension of qualifications and work suspension) (refer to the Ministry of Health and Welfare Pharmaceutical Policy website) ▶ Step 5: Implementation of the CSO reporting system (2023) On April 18, 2023, Article 47 of the Pharmaceutical Affairs Act was further revised, and the CSO reporting system, which includes provisions such as 'prohibiting entrustment of pharmaceutical sales promotion work to persons other than pharmaceutical sales promotion operators,' came into full effect. 4. Latest regulatory trends: Joint crackdowns become routine. What is noteworthy in the latest regulatory trends is that government management is becoming more tight. Currently, kickback investigations are not simply conducted by investigative agencies such as the police or prosecutors, but have the following characteristics. ▲Joint investigation: Generalization of joint investigation between related agencies such as prosecutors, police, Health Insurance Review & Assessment Service (HIRA), National Health Insurance Corporation, Ministry of Health and Welfare, etc. ▲Multi-faceted detection: Expanding the method of capturing rebate circumstances during the tax investigation process and handing over the case to related agencies ▲All-round surveillance: Establishment of a system for detecting rebates through various channels such as insider tip-offs 5. Future outlook and conclusion If we summarize the history of regulatory changes above, The government's consistent position regarding rebates focuses on 'strengthening regulations', and it seems very unlikely that this trend will be reversed in the future. Therefore, although it may be a bit cliché, pharmaceutical companies are likely to face greater difficulties if they do not fundamentally improve their constitution beyond simply responding one-time whenever an issue arises. Establishment of a sound business method that does not rely on rebates and advancement of the compliance system are emerging as essential tasks for the sustainable development of the pharmaceutical industry. Next, we plan to cover it in more depth, including a summary of punishment cases.[View full article] [Contribution] History of rebate-related regulatory changes and latest regulatory trends (link)

A man in his 40s, who was accused of conspiring with an acquaintance to commit a rental fraud against tenants, was not indicted. According to the legal community on the 20th, the Seoul Central District Prosecutors' Office announced that it had decided not to indict Mr. A, a man in his 40s who was sent on fraud charges on the 22nd of last month. Mr. A, who had purchased and operated a building since 2016, sold it to Mr. B, an acquaintance, in 2023. At that time, Mr. A to Mr. B. A condition was put forward to take over the debt for the return of 2.1 billion won in jeonse deposit, and Mr. B also accepted this, and the transaction was concluded. However, 7 months after purchasing the building, Mr. B applied for personal rehabilitation, and the investigation began when he was unable to pay the jeonse deposit to the tenants. The tenants made Mr. A sign a contract by reducing the senior deposit at the time of the jeonse rent contract and swindled the deposit, turning the building into a 'can jeonse'. He claimed that he sold it to Mr. B at a low price. Although it is true that a mistake was made in the process of notifying the senior deposit, Mr. A denied the charge, saying that the brokerage real estate agent was also negligent in not clarifying the relevant amount and that there was no intent to defraud him. Regarding the charge of jeonse fraud, he said, "Mr. B personally showed me his salary statement at the time and the bank loan was obtained normally, so I could not doubt his financial ability," and claimed, "If Mr. B's financial condition had not been good, he would not have sold the building." The prosecution accused Mr. A of “There was negligence in reducing the senior deposit, but considering that Mr. A had sufficient cash assets to prepare for the return of the deposit and had a high level of income when he owned the property, it is difficult to conclude that it was intentional defrauding.” Attorney Park Seong-yoon of Daeryun Law Firm, who represented Mr. A, said, “In a general lease relationship, it cannot be said that there is an obligation to notify the existence of a senior lien right,” and “In this case, Mr. B has a property other than Mr. A’s building. He explained, "We achieved revival by purchasing additional buildings for a long time, and Mr. A actively explained to the tenants that there was no intention to deceive them at the time of signing the contract, which led to a good result." Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] Is the building sold to an acquaintance a lease scam?..Former building owner in his 40s not indicted (link)

A gas station employee who was put on trial for issuing false cash receipts to his son's business was found not guilty. The Ulsan District Court announced on the 19th that it had acquitted Mr. A, in his 70s, who was indicted on charges of malfeasance, etc. on the 15th of last month. While working at a gas station run by Mr. B for about four years starting in May, he was accused of not selling oil and issuing false cash receipts worth about 10 million won. The cash receipt was issued to the business operated by Mr. A's son. Mr. A denied the charges. He claimed that he actually filled his wife's vehicle with gas and only issued it in bulk. At the same time, Mr. A emphasized that he had never personally used the customer's gas money. On the other hand, Mr. B argued that there was no record of actual oil sales on the date that Mr. A issued the cash receipt. The court found Mr. A not guilty. This is because it was judged that there was insufficient evidence to conclude that Mr. A had issued false cash receipts. The court explained, “Even if the time when Mr. A issued the cash receipt and the sales records in the gas station system are not completely consistent, we cannot rule out the possibility that Mr. A actually filled the gas, and it cannot be seen as intentional or seeking profit.” In addition, “Mr. A’s son is a tax-exempt business operator and is not subject to value-added tax refund or deduction,” and added, “There is not much reason for Mr. A to take the risk of issuing a cash receipt to his son’s business.” Acting as Mr. A’s legal representative, Attorney Lee Il-kwon of Daeryun Law Firm said, “For the issuance of a cash receipt itself to constitute a crime of professional breach of trust, there must be clear property gain and damage to others,” and added, “We were able to obtain an acquittal by explaining in detail the specific procedures for the issuance method and whether there was actual damage.” Reporter Park Jae-gwan (paksunbi@fnnews.com)[View full article] Selling oil to my son's business... 70-year-old not guilty for issuing false cash receipts (link)

A 40-year-old academy director who was sent to the country on charges of hiring a student under the pretext of sharing the academy's shares and stealing wages was acquitted. According to the legal community on the 19th, the Ulsan District Prosecutor's Office decided not to indict Mr. A, a 40-year-old who was accused of fraud and child abuse in May. Mr. A has been deceiving his student B by pretending to share the academy's shares for about four years since November 2019. He is accused of failing to pay wages after entrusting him with tasks such as lecturing, driving a car, and cleaning the academy. There is also a charge of child abuse. When Mr. B was a high school student, he took him to a drinking party and encouraged him to drink. Mr. A denied the charges, saying that it was Mr. B who first expressed his desire to work as an academy instructor. “At the time, it was difficult to hire Mr. B right away, so we encouraged him to earn credits through the credit bank system until he was 25, and during that period, we trained him as an instructor.” Regarding the child abuse charge, he said, "I heard that Mr. B often drank alcohol when he was in high school, so I just said that I would buy him alcohol if that was the case." The prosecution dismissed the charge. In the case of 'non-payment of wages,' it was determined that there was a prior agreement between the two. It was judged that Mr. He said, “It is difficult to say that it was an expression to deceive the victim.” Regarding the child abuse charge, he also judged, “If you consider the statements of other students who drank together at the time, it does not appear that it was a forced drinking party because only Mr. “We were able to obtain acquittal by comprehensively explaining the relationship, salary system, and foundation of trust,” he explained. Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] “I trained the instructor.” The 40-year-old director was cleared of charges for hiring a student penniless for 4 years (link)

Introduction Under the current law, bicycles are classified as automobiles, so unless a separate bicycle path is installed, bicycles must be driven on the road. Therefore, when attempting to cross a regular crosswalk on a bicycle, you must get off the bicycle and walk while dragging it. However, because these points are not properly observed, accidents occur frequently. If a traffic accident occurs while crossing a crosswalk on a bicycle, will the cyclist be protected as a pedestrian? We would like to look at the criteria for judging pedestrians through this related incident.2. The standard for determining whether a cyclist can be classified as a pedestrian. First, let's look at the legal issues in a case involving a violation of the Special Act on Traffic Accidents (causing injuries) that I handled in the past. In this case, the defendant, while turning right, hit a cyclist in his 70s who was crossing the crosswalk at a green pedestrian signal, causing 14 weeks of injuries. Normally, if an accident occurs while riding a bicycle, it is treated as a vehicle-to-vehicle accident, but in this case, the prosecutor recognized the victim as a pedestrian, not a car, and prosecuted him. The law on which it was based was Article 13-2, Paragraph 4, No. 1 of the Road Traffic Act (Taoist Act). This provision contains an exception: ‘Children, the elderly, and the physically disabled may ride on the sidewalk if they are driving a bicycle.’ B. The prosecutor at issue argued that a guilty verdict should be made, citing the exception clause. To explain this, a traffic accident involving a child riding a bicycle while walking on a crosswalk was presented as an example. In addition, it was emphasized that there are many cases in which similar cases were punished for violating the Special Act on Traffic Accidents (Seoul Northern District Court 2018 Goyak 877, Uijeongbu District Court 2019 Godan 2891 ruling, etc.). In addition, a precedent stating that children riding bicycles need to be protected in the same way as pedestrians was cited as a reason (Seoul Southern District Court 2024 Gohap 247 ruling). If some rulings have ruled that children on bicycles should be recognized as pedestrians and protected, the meaning is that there is no reason why the elderly and the disabled should not also be considered pedestrians. In addition, the concepts of ‘sidewalk’ and ‘crosswalk’ also became the main basis. The prosecution raised its voice and said that sidewalks include crosswalks. Therefore, in accordance with Article 13-2, Paragraph 4, Item 1 of the Taoist Act, children, elderly people, etc. who cross the crosswalk by bicycle should be regarded as pedestrians. Summary of Decision The first trial court dismissed the indictment, ruling that the victim could not be considered a pedestrian on the crosswalk pursuant to Article 27 (1) and Article 13-2 (6) of the Taoist Act because the accident occurred while he was crossing the crosswalk while riding a bicycle. In particular, since the law distinguishes between sidewalks and crosswalks, it was held that it cannot be interpreted to mean that children and the elderly can ride bicycles on crosswalks. In the case of general sidewalks, bicycles are allowed to ride slowly and stop temporarily as long as they do not interfere with pedestrian traffic. On the other hand, crosswalks are completely separate from the concept of sidewalks because they require people to get off their bicycles. The judgment of the second trial court was no different. The second trial upheld the original judgment, finding that there was no mistake in misunderstanding the legal principles claimed by the prosecutors. Commentary The prosecution argued that children are protected in the same way as pedestrians, and that there is no reason to treat children and the elderly differently. However, interpreting a victim who crossed a crosswalk while riding a bicycle as a pedestrian simply because the victim is an elderly person is unacceptable as it violates the principle of prohibiting inference and expansion of interpretation, which is a derivative principle of the legal principle of criminal law, which is a major principle of criminal law. In addition, ‘sidewalk’, commonly called sidewalk, is an abbreviation for pedestrian road and is a road used for the passage of pedestrians. Therefore, it can be said that its nature is different from a ‘crosswalk’, which is a pedestrian facility installed on the road to allow pedestrians to cross safely. Therefore, the legal principles based on the prosecution could not be applied to this case. In this way, if a traffic accident occurs while crossing a crosswalk while riding a bicycle, the cyclist cannot be protected as a pedestrian. Also, in this case, the actions of the perpetrator in the case do not fall under the 12 gross negligence provisions of the Special Act on Traffic Accidents, so if an agreement is reached with the victim, the indictment can be dismissed.[View full article] Law Leader - [Column] Traffic accident while crossing a crosswalk while riding a bicycle... What are the criteria for judging pedestrians? (Shortcut) Korea Law Daily - Traffic accident involving an elderly person crossing a crosswalk while riding a bicycle... What are the criteria for judging a pedestrian? (Shortcut)

Many clients think of filing a fraud complaint as one of the solutions when they do not receive the money they lent. However, in order for fraud to be established, it must be clearly proven that the debtor did not have the intention or ability to fulfill the obligation from the beginning. It is difficult to be recognized as a fraud simply by not paying back the money, and there is also a risk of being counter-indicted for making a false accusation. In the same case, the first action you can take is to send a certificate of contents. This mainly contains the statement, "If the debt is not met within a certain period of time, legal action will be taken, so let's resolve it amicably before then." Proof of contents puts considerable psychological pressure on the other party, so there are many cases where the problem is resolved at this stage even if a lawsuit is not filed. Nevertheless, if the other party does not pay the debt, you must prepare for a lawsuit. The idea is to file a civil lawsuit, obtain a favorable ruling, and begin compulsory execution procedures. The most important step in this process is to accurately identify the debtor's enforceable assets. If assets are not identified or are unclear, you can check the details of assets such as real estate, deposits, security deposits, salaries, etc. by requesting property specification or property inquiry through the court. However, the possibility that the other party intentionally conceals the property or transfers it to a third party cannot be ruled out. In this case, safety measures must be put in place by applying for preservation measures such as provisional seizure and injunction in advance. So, if the creditor has already embezzled the property in the name of a third party, is there no way? In this case, a possible solution is a 'creditor cancellation lawsuit'. The creditor's previous actions can be invalidated and the relevant property returned to the debtor's name. In particular, Article 404 of the Civil Code guarantees the 'creditor's right of subrogation' so that a creditor can exercise the debtor's rights on behalf of the debtor. In some cases, this right can be a more effective and faster method of collecting claims than general compulsory execution. Let's take a case I actually handled as an example. The client was a creditor who lent Company A about 1 billion won. The problem here was that Company A did not have property that could be executed. Company A had established Company B to acquire Company C and had handed over a large amount of funds. On the other hand, Company C owned golf course land worth 50 billion won on Jeju Island. Company C was ultimately acquired by Company A through Company B, but because Company C was a legally separate corporation from Company A, it was not easy for the client to directly touch Company C's assets. At this time, the author used the legal principle of 'creditor's right of subrogation'. If company A gave money to company B, and company B lent money to company C, the client, who is company A's creditor, is considered to be able to subrogate company A's creditor's right of subrogation, that is, 'company A's right to provisionally seize property owned by company C on behalf of company B, the debtor.' Although there was some trial and error due to the lack of precedent at the time, the court eventually made a decision to cite provisional seizure of Company C's golf course site, and the bond was fully recovered. Legal procedures and securing evidence should be prioritized over simple emotional response in bond recovery. It is important to remember that if you move outside the legal boundaries out of fear of not receiving money, you may face greater disadvantages in the future. Our Civil Act and Civil Procedure Act provide a variety of rights relief methods, but each system has different requirements and application methods, and there are also deadlines such as statutes of limitations and filing periods. Therefore, it is important to determine the appropriate means for each individual case and apply it in a timely manner, and it is most necessary to receive professional legal assistance at an early stage. Small and Medium Business Team[View full article] It is absolutely difficult to commit fraud… ‘Debt collection technology’ to ensure you get the money you deserve (link)

“As much as we respect corporate autonomy, I hope that consumer rights will also be protected. I hope that starting with this ruling, the two values ​​will find a balance.” On the 18th, Mr. A, an employee of Daeryun Law Firm, and lawyer Da-eun Kim said this. The Seoul Central District Court recently ruled that the terms and conditions of the accommodation platform Nol Universe (Yanolja), which stipulates that refunds cannot be made more than 10 minutes after completing a reservation for accommodation products, are unfair and therefore invalid. Mr. A was the plaintiff and Attorney Kim acted as the representative and brought out this ruling. The story is as follows. Mr. A, who was in charge of business trips in Daeryun, reserved accommodation through Yanolja. However, the schedule was changed and I announced my intention to cancel my reservation two hours later, but Yanolja informed me that a refund was not possible. The reason was that if you do not cancel within 10 minutes after completing the reservation, a cancellation fee equivalent to 100% of the reservation deposit will be charged according to the regulations. Accordingly, Daeryun decided to file a lawsuit to return the unfair profits. This is to raise issues about terms and conditions that infringe consumer rights and receive legal judgment. The E-Commerce Act guarantees consumers a 7-day cancellation period, but some industries, such as lodging and aviation, customarily view exceptions without making specific judgments for each case, so they believe that only consumers are bearing the brunt of the damage. During the lawsuit, Yanolja argued that mail order brokers are not subject to the relevant provisions of the E-Commerce Act and therefore do not have to be responsible for refunding fees. However, Attorney Kim countered that Yanolja went beyond being an intermediary and actually engaged in active sales activities as a seller. To prove this, Attorney Kim went through the process of reserving and canceling products from Yanolja several times. At the same time, if you reserve a room at the published rate, you can cancel without a fee until the actual stay, but we confirmed that a full refund is not possible for the product in question, even though the difference is less than 20,000 won than the published rate. Based on this, the trial emphasized that it was significantly unreasonable in light of general common sense. As a result of the trial, the court ruled that Yanolja was a mail order seller or a ‘mail order intermediary who is a mail order seller.’ In addition, the refund policy was deemed invalid as it was unfavorable to the customer and constituted an unfair term, and the full refund was ordered to be paid to Mr. A. Daeryun's side said that if only the status of an intermediary is recognized as in existing precedents, it results in evading responsibility for various business activities, and it appears that the court sympathized with the problem of this unreasonable structure. Attorney Kim said, "This ruling does not mean that all terms and conditions that are converted to non-refundable after a certain period of time are considered invalid. However, the prevailing perception has been that even if a problem is raised with similar terms and conditions, the possibility of winning is small, but this ruling has confirmed the possibility of redress for consumers' rights." Daeryun plans to file a class action lawsuit on behalf of consumers who have suffered damage due to Yanolja's terms and conditions. Currently, criminal complaints, accusations, and civil lawsuits are being filed on behalf of victims regarding the leak of SKT's personal information. Reporter Jeong Cheol-wook[View full article] Seoul Newspaper - Law firm puts the brakes on Yanolja’s terms and conditions of ‘no refunds after 10 minutes of reservation’… “I hope this becomes an opportunity to balance consumer protection and corporate autonomy” (link) Money S - ‘Yanolja refund’ win case Attorney Da-eun Kim “I wanted to find ‘rights’ more than money” (Go to here)