Press Coverage

When I raised an audit, I was notified of dismissal from my position as bank manager… Request for payment of psychological compensation and alimony The court said, "Conflict occurred within the autonomous committee... Notice of dismissal was a measure taken to resolve the problem." Even if the cancellation of the bank account was determined to be invalid through an administrative lawsuit, the court ruled that it cannot be held liable for damages if there were no illegal elements. On April 29, the 1st Civil Affairs Division of the Gangneung Branch of the Chuncheon District Court lost the plaintiff's appeal for damages filed by A, a man in his 70s, against a local government and its public official, Mr. B. The ruling was made. Mr. A, who was working as a bank manager, requested an audit of some of the participants in the Resident Autonomy Committee event from the Administrative Welfare Center in 2021. The reason was that something inappropriate was done at the event at the time. Then, Mr. B, who was the director of the center at the time, dismissed Mr. A from his position as bank manager on the grounds that he was hindering harmony among residents. Accordingly, Mr. A filed a lawsuit against the city to invalidate the notice of cancellation of the bank account and won. Afterwards, Mr. A filed a lawsuit demanding 30 million won in alimony from Mr. B, claiming that he had suffered mental distress due to the dismissal notice. Mr. B and others refuted that there were no illegal elements in the dismissal process. As a result of the audit, Mr. A's claims were found to be untrue. Nevertheless, he argued that local public opinion worsened when Mr. A did not apologize, and that the dismissal was only decided to resolve the issue. The first trial dismissed Mr. A's claim. The court said, “The truth of the matter raised by the plaintiff was not clear, and this led to conflict and collective complaints both inside and outside the Resident Autonomy Committee,” and that there were no illegal elements in the dismissal, saying, “Therefore, as part of the resident autonomy work, there is a need for the center director to resolve complaints and take measures to resolve conflicts.” Mr. A, who was dissatisfied with this, appealed, but the second trial also dismissed the ruling. Daeryun Seo In-ho of the law firm who represented Mr. B and others The lawyer explained, “Even if the dismissal action is confirmed to be invalid through an administrative lawsuit, in order to file a civil suit for mental damage, an illegal act must be included in the dismissal process.” He added, “It is only recognized as inflicting mental pain if it is clear that it cannot be tolerated under social norms, such as intentionally creating a reason for dismissal.” He added, “It is true that a conflict arose, such as a boycott of the event, due to Mr. A, and Mr. B is only trying to resolve this,” adding, “Mr. “We were able to receive a dismissal order because there was no intention to intentionally drive him out of the bank manager position,” he added. Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] Why did the court ‘dismiss’ the claim for compensation for mental damage from ‘illegal dismissal’? (Shortcut)

‘Min Jeung Still Artist’ trend? Even capture of actual messages of political conflict between family members... Is it humor or illegal? “I hid my resident registration card because I was afraid my dad would vote for the OO party.” “Since my parents voted for the OOO party, I should also have my ID card confiscated.” “If I have a family member who votes OOO, I will hide their ID card first.” Ahead of the 21st presidential election on the 3rd, stories of children who have ‘hidden’ or ‘planned to hide’ their parents’ ID cards are spreading on social networking services (SNS) and online communities. These are mainly related to the politics of their parents or grandparents. He expressed his disapproval of this tendency and argued that “we must prevent them from voting.” There is even a post that says, "My friend is truly a 'passionate steel artist' so his parents have never voted for him," and in some quarters, this behavior is being consumed as humor. According to an online community on the 2nd, in a message between family members revealed by a netizen, the mother complains to her child, "You didn't take your father's ID card with you, did you? You've been making a fuss and calling since the morning saying that your father is gone. Did you take it with you? No way. I can't live with it." In response to this, the child replied, "If you vote for OOO, you will live well. Don't worry." Another writer said, "My parents and I have very different political tendencies, so even when I talk about the candidate I support, there is no response. That's why I plan to hide my parents' ID card for a while on the day of the general election." In response, "Stealing a family ID card is crossing the line," and "If you are uncomfortable with your parents supporting a different party than you, persuading more voters or engaging in political activities is the right way to do it. There was even a post criticizing that “taking away a family member’s right to vote is a clear violation of rights.” ◇Conflicts between generations may result in infringement of rights that cannot be laughed off. It is pointed out that the act of hiding or taking ID cards to prevent family members from voting is difficult to view as a simple happening between families. However, even among legal experts, opinions are divided as to whether this act is actually subject to legal punishment. Jong-eon Noh, a lawyer at Existence Law Firm, said, “Such acts are typical interference with elections,” and added, “Article 237 of the Public Official Election Act stipulates that if the freedom of election is interfered with through hierarchy, fraud, or other unfair means. “It stipulates that criminal punishment is possible,” he explained. Attorney Noh pointed out, “As ID cards are a key means of participating in elections, hiding or taking them can be interpreted as a violation of the Public Official Election Act.” On the other hand, there is also an interpretation that it is difficult to clearly punish a child for unilaterally hiding his/her ID. Attorney Jae-Young Yoo of Daeryun Law Firm explained, "Article 242 of the Public Official Election Act stipulates punishment only in cases where an ID is 'entrusted to or received' for the purpose of interfering with voting, so it is difficult to apply the provision if a child unilaterally hides his or her ID." “It is difficult to admit this simply by temporarily hiding the ID between family members,” he said. “Even if a crime is established, punishment may be exempted according to the provisions of the Criminal Act on Relative Funeral Ceremony.” In the end, it is clear that such an act is a serious matter that can infringe on freedom of elections, but whether actual legal punishment will depend on the specific circumstances and interpretation of the law. ◇"Other opinions must be respected"... The Paradox of Democracy It is pointed out that as likes and dislikes for political parties become part of the generational identity, it can lead to conflicts within the family. Most of the children who have hidden their IDs say, “It makes no sense for my family to vote for OOO,” and view the election as a kind of ‘fight within the family.’ Likewise, the gap between the younger generation and the older generation is deepening as the election season approaches. Lee Jun-han, a professor of political science and diplomacy at Incheon National University, said, "Political conflicts between generations have always existed before. In the past, there were cases where parents prevented their children from voting, but these days, on the contrary, the younger generation is trying to persuade or block their parents. The reason this phenomenon is revealed is because it is shared through SNS and consumed as a kind of play, so it can be seen as a new thing." Professor Lee explained, "The problem is." “Voting is an individual’s constitutional right,” he said, adding, “Even if opinions differ, parents and children must respect each other. We can talk about it as a joke or a game, but we need a culture of respecting each person’s political views to prevent this from actually happening.” At this time, you must bring your ID card to vote. ID cards include resident registration cards, driver's licenses, passports, youth ID cards, civil servant ID cards, and other certificates issued by public institutions that state your photo and date of birth. Mobile ID cards issued through the Government 24 app or PASS app can also be used. However, screen captures are not accepted and must be presented in real time by running the app. Reporter Yoo Ji-hee of Hankyung.com (keephee@hankyung.com)[View full article] “I hid my father’s ID because I was afraid they would vote for me”… ‘Humor’ that crosses the line [Issue+] (Shortcut)

Collaboration such as legal consultation and legal education support to recover from infringement on teaching rights. Representative Kim Kuk-il: “We will provide necessary legal support both on and off campus.” Daeryun Law Firm signed an MOU with the Korean Federation of Teachers’ Associations (KFTA) to take the lead in protecting teachers’ rights and interests and improving the education system. At the agreement ceremony held at the Korean Federation of Teachers’ Associations on the 29th of last month, Daeryun CEO Kim Kuk-il, Vice President Choi Yi-sun, lawyer Heo Ji-seon and Korean Federation of Teachers’ Federation President Kang Joo-ho, Key working-level staff, including Policy Director Cho Seong-cheol, Director Kim Dong-seok, and Secretary General Moon Kwon-guk, attended. The Korean Federation of Teachers' Associations was founded in 1947 as the ‘Joseon Education Association’ and is an organization whose members include teachers and educational administrators at all levels of education, including teachers at kindergartens, elementary, middle, high schools, and universities. △ It boasts the largest scale among domestic teacher organizations by working for the purposes of △ increasing the professionalism of teachers △ improving social and economic status △ protecting teaching rights. Based on their respective strengths, the two companies plan to cooperate in tasks such as △ legal consultation to recover from infringement on teaching rights △ legal advice such as legislation and requests for legal interpretation △ legal education support for students and teachers △ promotion and entrustment of joint research on teaching rights. Kang Joo-ho, Federation of Teachers of Korea The Chairman said, “I am pleased that through this agreement, we have prepared practical measures to create an environment in which teachers can focus on their primary role in education.” He added, “We will resolve issues that may arise in various disputes through organic cooperation with Daeryun, a global mega law firm.” Kim Kuk-il, CEO of Daeryun, said, “Under the recognition that an educational environment in which teachers are respected will guarantee the quality of education, we will faithfully fulfill our role as a partner in realizing public value in the education world with this agreement as an opportunity.” “The Daeryun School Violence Group has many lawyers with diverse experiences, including juvenile crime department prosecutors, education office disciplinary committee members, and lawyers with full teacher qualifications, so we can minimize risks by preemptively providing necessary legal advice both on and off campus,” he said. Meanwhile, both organizations plan to continue to expand their close cooperation system to fulfill their joint responsibilities in expanding teaching rights, improving systems, protecting teachers’ rights and interests, and responding to education policies, based on convergent cooperation in the fields of education and law.[View full article] Sejeong Ilbo - Daeryun Law Firm and the Federation of Korean Teachers and Education Associations sign an ‘MOU’ to prevent infringement on teaching rights (link) Tax and Finance News - Daeryun Law Firm and the Korean Federation of Teachers’ Associations... Academic Rights Protection Business Agreement (Shortcut)

Plaintiff: “It is difficult to view it as an act of deception.” A person in his 50s who was handed over to the prosecution on charges of stealing 100 million won by deceiving him by saying that he would help him make a larger market profit by obtaining a building permit by purchasing land was not indicted. On the 13th of last month, the Tongyeong Branch of the Changwon District Prosecutors' Office cleared two people, including Mr. A, in his 50s, who was accused of fraud on the 13th of last month. In April, they are accused of stealing 100 million won from victim B and others by deceiving a piece of land in Geoje, Gyeongsangnam-do, which could not receive a construction permit for lodging facilities, as if it could be licensed. Mr. B and others stated that Mr. A and his group lured them into investing by saying that they could make double the market profit by reselling the land after receiving a building permit. They also emphasized that they embezzled an additional 20 million won, saying they needed lobbying funds in relation to the building permit. Mr. A's side fully accused them of denied. The purpose is that there is no fact that investment was induced using market profits as bait. He also countered that aspects related to building permits must be confirmed with civil engineering or architectural design personnel, and that he was doing work completely unrelated to this. The prosecution also determined that Mr. A was not guilty. The land in this case was not land that was impossible to obtain permission for accommodations in the first place, and accordingly, it cannot be said that there was an act of deception by Mr. A and others. Attorney Kim Jin-won of Daeryun Law Firm, who represented Mr. A, said, “The issue in this case was whether or not a building permit was granted, but the reasons for the impossibility were determined based on the subjective review of the public officials in charge, such as concerns about damage to the surrounding natural scenery and aesthetics, so it was difficult for the general public to judge whether or not a building permit was granted.” He added, “Therefore, it cannot be said that Mr. B and others were deceived. “It is,” he said. Digital Content Team[View full article] “If you get a building permit and resell it, it doubles” Prosecutors ‘not indicted’ man in his 50s on land investment fraud charges (link)

Daeryun Law Firm announced on the 28th that it has established a psychological counseling center to support clients' emotional recovery and return to daily life. The purpose is to provide an integrated solution that goes beyond legal support to psychological stability and healing. While communicating with clients, Daeryun noted that legal disputes cause great psychological shock and pain throughout life. We judged that it was necessary to redefine the role of law firms in that when ordinary people become involved in legal disputes, they can experience great anxiety, stress, and even long-term trauma, and that it also affects their daily lives, interpersonal relationships, and livelihoods. Accordingly, we established a psychological counseling center and established a foundation for receiving psychological treatment from professional counselors. The members of the psychological counseling center are comprised of professionally qualified psychological counselors recognized by the Ministry of Health and Welfare or psychotherapy-related academic societies. The psychological counseling center provides customized treatment to relieve psychological wounds arising from various incidents such as civil and criminal cases, school violence, and industrial accidents and to help clients return to their daily lives more stably. Main counseling topics are ▲divorce, trauma healing due to conflicts within the family ▲psychological treatment related to legal disputes for children and adolescents ▲crime. We support psychological recovery in a wide range of areas related to legal disputes, including trauma recovery for victims and education to prevent recidivism for defendants ▲ psychological recovery after industrial accidents and medical accidents ▲ response to gambling, drug, and drinking addictions ▲ school and workplace adaptation problems and stress management. Counseling is conducted based on a professional psychotherapy process, including psychological testing, one-on-one interpretation counseling, and counseling goal setting that takes into account the client's main complaint. Depending on the request of the client, both face-to-face and non-face-to-face counseling are available. If the client requests it, the psychological evaluation report issued during the treatment process can also be used as materials that are practically helpful in carrying out the case, such as severe punishment petition materials, sentencing materials, and education materials to prevent recidivism. Kim Kuk-il, CEO of Daeryun Management, said, "Legal services are about dealing with people's minds beyond simple legal advice. Through the psychological counseling center, we are setting a new standard for law firms that are responsible for the psychological recovery of clients who face difficult situations. “I will present it,” he said. Meanwhile, Daeryun Law Firm is providing customer-centered legal services, recording a 98% positive response in a previous customer satisfaction survey. Reporter Jeong Cheol-wook[View full article] Seoul Shinmun - Daeryun Law Firm establishes psychological counseling center... “Support from legal assistance to recovery of daily life” (Shortcut) Tax and Finance News - Establishment of Daeryun Psychological Counseling Center, psychological stability and healing service for clients (link)

Daeryun Law Firm announced on the 2nd that it signed a business agreement with the Seongnam City Academy Association on the 27th of last month to eradicate illegal private education. The Seongnam City Academies Association is an organization with a total of 2,000 members, including academy directors in the Seongnam region, and protects the rights and interests of member academies and represents their opinions. Through this agreement, Daeryun plans to provide professional legal services to crack down on illegal and illegal private tutoring regulations, including ▲advising on academy-related laws and system improvement, △reviewing legal issues such as academy operation, and ▲responding in case of disputes. Park Yoo-seo, president of the Seongnam City Academy Association, said, “In order to establish a healthy private education culture, we will declare war on illegal and illegal private tutoring rooms and conduct an intensive prevention campaign against illegal private tutoring classes, etc.” He added, “In addition, we hope for professional legal support from Daeryun so that illegal private tutoring classes can be eradicated.” Representative attorney Daeryun Park Seong-dong said, “The two companies plan to expand their cooperative relationship through continuous exchanges,” and added, “We will provide maximum support at the law firm level to reduce illegal private education cartels and irrationality so that a healthy private education culture can be established.”[View full article] Daeryun Law Firm and Seongnam City Academy Association join hands to eradicate illegal private education (Go here)

A man who stole billions of won from investors by promising guaranteed profits was sentenced to prison. According to the legal community on the 2nd, the 12th Criminal Division of the Seoul Eastern District Court recently sentenced Mr. A, the CEO of the company, who was indicted on charges of fraud, to 3 years and 6 months in prison. Mr. A was indicted on charges of embezzling about 2.8 billion won from 16 investors, including Mr. B, by promising guaranteed principal and interest payments over the past five years since 2018. In the process, some It was found that he had demanded additional money from the victims, saying, "There was a problem with the investment product." As a result of the investigation, it was revealed that Mr. A used the money he received from investors to invest in individual stocks and futures, then secured new investors and paid interest to existing members. Mr. A admitted most of the charges, but denied fraud against Mr. B, one of the victims. The investment contract with Mr. B was conducted by an employee of the company he ran. It was an argument that he had never met Mr. B in person. The court did not accept Mr. A's claim. The court said, "Mr. B entered into a contract based on the investment contract written by the defendant. Even if the defendant did not directly recommend investment, it seems likely that a report would have been made at the time the contract was concluded, considering the status of the defendant and the employee," adding, "The money deposited by Mr. He stated the reason for the sentencing, saying, "The victims have suffered for a considerable period of time by stealing money from many victims without the intention or ability to return the money." Attorney Park Seong-dong of Daeryun Law Firm, who represented Mr. B, said, "The crime of fraud must be judged generally and objectively, taking into account the specific circumstances at the time of the crime, such as the circumstances of the transaction. At the time of the incident, Mr. A was managing all accounts in the name of the company and fully managing the investment funds. “It appears that they have decided that it is acceptable,” he explained. Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] Stealing 2.8 billion won by deceiving “guaranteed profits” and receiving 3 years and 6 months in prison (link)

The company claimed, “The couple embezzled 2.3 billion won together.” “According to the account analysis, it cannot be considered a conspiracy.” A man who was handed over to the prosecution for embezzling company money with his spouse was cleared of charges. On the 28th of last month, the Daejeon District Prosecutors' Office ordered a non-indictment against Mr. A, in his 50s, who was sent on charges of embezzlement (violation of the Act on the Aggravated Punishment of Specific Economic Crimes, etc.). Mr. A has been conspiring with his spouse, Mr. B, since 2015. Mr. B was accused of embezzling about 2.3 billion won from the account of the company where he worked over 4,700 times over 8 years. First, Mr. B, who was indicted on charges of embezzlement, was sentenced to prison. Afterwards, the company claimed that the two people colluded, saying that Mr. B used most of the embezzled money for Mr. A and through this he subscribed to excessive amounts of insurance. He also emphasized that Mr. A canceled all insurance policies he had subscribed to after Mr. B's arrest. Mr. A denied the charges. He refuted that he only found out about this fact after the case was reported to the police, and that he was not aware of his spouse's crime at all. In addition, he claimed that because the company had seized the insurance money, there was no reason to pay additional money, so the insurance was canceled. The police decided not to forward the case. The police said, “As a result of analyzing Mr. B’s account, there are no circumstances to believe that the suspect was involved in the crime.” and “Given that Mr. B also stated that the suspect had no knowledge of the crime, it is difficult to say that he conspired to commit embezzlement.” The company, which dissatisfied with this, filed an objection and sent the case to the prosecution, but the prosecution also decided not to indict for the same reason. Attorney Byeon Gwan-hoon of Daeryun Law Firm, who represented Mr. A in this case, said, “The family “Because Mr. B was in charge of management, it was difficult for Mr. A to know not only how much money was embezzled but also the fact that the crime occurred,” he said. “We were able to get an acquittal by proving that Mr. A’s expenditures were made up of Mr. A’s earned income, not the embezzled money.” Digital Content Team[View full article] Man accused of conspiring to embezzle with his spouse... Prosecution not indicted due to “no circumstances of involvement” (Shortcut)

A manufacturing representative who was booked on charges of signing a supply contract with a counterpart company while hiding financial difficulties and failing to pay the price was acquitted. According to the Asan Police Station in South Chungcheong Province on the 30th, a decision was made not to forward Mr. A, who was booked on fraud charges last month. Mr. A, the registered CEO of a production equipment manufacturer, has been entrusting the actual business to Mr. B, the actual representative. Mr. B, who was in charge of the overall business, has been in charge since around September 2023. It signed a contract with a customer to supply goods worth 210 million won. However, the company was experiencing financial difficulties at the time and did not have the capacity to pay the contracted company. However, Mr. B concealed this fact and proceeded with the contract, and continued to procure goods from the damaged company. In the end, the customer received only 20 million won and did not receive the remaining 190 million won back. As a result, Mr. A and others were charged with fraud. He filed a complaint. Mr. A, who had not received a report on the company's financial situation from Mr. B, denied all charges. It was claimed that all business was involved with Mr. B and that it was done without even discussing whether to proceed with the contract. The police also ruled that Mr. A was not guilty. The reason was, "There is no objective evidence that he participated in criminal activities, so it cannot be said that he colluded with Mr. B to defraud the complainant." Attorney Nam Sang-gwan of Daeryun Law Firm, who represented Mr. A, said, "He operated the company arbitrarily without reporting the difficult operating situation of the company." “The problem arose due to Mr. B,” he explained, adding, “Mr. A is only a representative in name, and there was no intention or execution of joint processing with Mr. B in relation to this case.” He also added, “Mr. A entrusted the management of the company to Mr. B, and Mr. A had no participation whatsoever in the overall aspects, such as carrying out projects and other business operations, selecting business partners, purchasing materials, and sales,” adding, “Therefore, there is no reason for Mr. A to be held criminally responsible.” Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] A manufacturing representative who received goods while hiding financial difficulties was acquitted of fraud charges.. Why? (Shortcut)

Class action lawsuits, right or power? (3) Indiscriminate lawsuits to catch trivial cases Black consumer companies aimed at large settlements are struck by the mere fact of being sued. Claims that go beyond social norms and the compensation court does not accept The advantage of class actions is that legal issues can be raised at a relatively low cost. On the other hand, as the threshold for litigation is low, concerns about abuse have been consistently raised. Therefore, concerns are raised that if a balance is not found in the process of promoting the class action system, there may be a series of 'black consumer lawsuits' targeting large settlement amounts. The United States, where class action lawsuits are active, is a representative precedent. According to the legal community on the 29th, cases in which the plaintiff's claims or demands in a class action lawsuit are evaluated as excessive can be confirmed through precedent. In the Tongyang Securities (now Yuanta Securities) class action lawsuit, which was called the "Tongyang Incident" in April last year, the court rejected the claims of class action participants demanding compensation and ruled in favor of the company. This lawsuit was triggered by suspicions that Dongyang Group caused enormous losses to investors in 2013 by selling corporate bonds despite its inability to repay. About 1,200 victims filed a claim for damages against Tongyang Securities, but the court did not acknowledge responsibility, saying, "It cannot be said that there was a false or omitted entry of important information in Tongyang Securities' securities report." The court's judgment was that 'a reasonable investor would have been able to recognize the risk.' This ruling was confirmed upon dismissal of the appeal by the Supreme Court. However, as the legal battle continued for 10 years, both the class action parties and the company suffered losses. The Nate and Cyworld server hacking incidents were similar. At the time, Chinese hackers stole the personal information of 34.9 million people, and about 20,000 of them filed a lawsuit against SK Communications, demanding compensation of 300,000 won per person. However, in 2018, the Supreme Court ruled that the plaintiff lost, saying, "Considering that the company was operating an intrusion prevention system at the time, it cannot be seen that it did not take protective measures to a level that could reasonably be expected based on social norms." A lawsuit for damages related to the unauthorized collection of location information filed by 299 iPhone users against Apple also continued for seven years, but the Supreme Court confirmed the plaintiff's defeat in 2018. The Supreme Court ruled that collected information cannot identify a specific device or user, and that information collection bugs are 'trial and error' that occurred in the process of technology settlement. A judge from a large law firm said, "If class action lawsuits are abused, even unwanted people can be dragged into the lawsuit," and pointed out, "It has long been recognized as an anti-corporate system." The United States, which is considered to have strong consumer protection laws, has a well-developed class action system. Because of this, class action lawsuits in which multiple consumers sue companies are also common. Banks, retailers, and technology companies are their main targets, and tens of thousands of lawsuits are reported each year. However, there is a side effect that such black consumer lawsuits are filed excessively or lawsuits over minor issues are also filed excessively. There is also criticism that litigation costs and settlements lead to a financial burden on companies, which may eventually be passed on to rising consumer prices. A lawyer at a large law firm said, "As the number of plaintiffs increases, the burden on companies increases. Currently, the plaintiffs' claims are different, so it is difficult for the judiciary to proceed with the trial." However, there is also a counterargument that the possibility of a different lawsuit is not high. Ji Min-hee, a lawyer at Daeryun Law Firm, countered, "It is difficult to view the 'overuse' of lawsuits as necessarily harmful, and the excessive lawsuits that may occur in the early stages of introducing the system can be seen as a process of establishing legitimacy and limits through judicial review." At the Ministry of Justice's public hearing on the class action system in December 2020, the Korea Federation of Small and Medium Businesses said, "There is a lot of room for small and medium-sized businesses to be included in class action lawsuits, and 'black consumer lawsuits' may also increase." He argued, “Even if we win the case, consumer trust will be weakened just by being sued.” Reporter Choi Eun-sol (scottchoi15@fnnews.com)[View full article] Anti-corporate sentiment rises and becomes a trial of public opinion... A company that doesn't win even if it wins (Shortcut)