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Press Coverage

Numerous media outlets recognize the expertise of Daeryun Law LLC.
Explore interviews, legal commentary, and columns by Daeryun lawyers.

Gyeonggi Ilbo
2025-05-02
식당 양도해놓고 근처에 재개업한 업주…법원 ‘폐점·손해배상’ 명령
Passing over the restaurant and opening a similar restaurant nearby...1st trial court rules ‘closure and compensation for damages’
Namyangju Support "Transfer of store property after contract, business permission... applicable to business transfer under commercial law" A court ruled that even if a transfer contract was not signed when taking over a commercial space, if the same business was continued as before, it could be considered a business transfer under commercial law. According to the legal community on the 2nd, Mr. A acquired the restaurant from Mr. B and his wife, whom he had known in 2020. At the time, they received 55 million won in exchange for handing over all air conditioners, refrigerators, remaining food ingredients, and alcohol to Mr. A. However, two years later, when Mr. B and his wife opened a restaurant in the same industry near Mr. A's restaurant, Mr. A and Mr. B began to have a conflict, and eventually Mr. A filed a lawsuit, claiming that the couple did not keep the non-competition agreement signed at the time of transfer. In response, Mr. B and his wife signed a contract for a key money in exchange for the facilities. Therefore, it was argued that it does not constitute a ‘transfer of business under the Commercial Act’. He also refuted Mr. A's claim that the non-competition agreement was not kept, saying, "We never concluded it." On March 28, the 1st Civil Division of the Namyangju Branch of the Uijeongbu District Court, which heard the case, ruled in favor of some of the plaintiffs in the business ban lawsuit between restaurant owners A and B. In addition to an order to close the store, the defendant was ordered to prohibit business in the nearby area for 10 years after the transfer and to pay 5 million won in damages. In the ruling, the court said, "It is difficult to say that a non-competition agreement was concluded because there was no agreement on non-competition between the plaintiff and the defendant during the contract process," but added, "It is acknowledged that the defendants transferred the store property to the plaintiff after the contract and allowed him to continue business activities, which is equivalent to a transfer of business under the Commercial Act." The court agreed. In addition, the court ruled, “The defendants’ opening of the store two years later constitutes an act of violation of the duty to prohibit competition stipulated in Article 41, Paragraph 1 of the Commercial Act,” and “The defendants have an obligation not to engage in similar business activities near the plaintiff’s restaurant.” In relation to this, lawyer Jeong Yun-chae of Daeryun Law Firm, who represented Mr. A, explained, "In the process of handing over the store, Mr. B and his wife said, 'We will no longer run the store,' and even showed Mr. A a detailed list of customers, emphasizing that it was a business that could be operated stably." He added, "Continuous damage occurred due to violation of the duty not to compete, and mental damage could be recognized." Intern reporter Kim Mi-ji (unknown@kyeonggi.com)[View full article] The owner of the restaurant transferred it and reopened nearby... Court order to ‘close store and compensate for damages’ (link)
48 places including Korea Economic Daily
2025-05-02
대륜, SKT 상대 고소·고발…“실질적인 피해 구제에 최선"
Daeryun sues and accuses SKT... “Best for relieving actual damage”
Approximately 900 people applied to participate in the class action lawsuit “We will hold legal responsibility until the end and lead to a just resolution” In relation to SK Telecom’s large-scale SIM information leak, Daeryun Law Firm, a large domestic law firm, filed a complaint and complaint against SK Telecom. Previously, Daeryun announced its official response policy through a statement on the 30th, saying that this incident was a serious matter that went beyond a simple information leak and undermined the public's trust in information protection. Around 2 p.m. on the 1st, attorneys Son Gye-jun, Shin Jong-soo, and Ji Min-hee from Daeryun Corporate Legal Group arrested SK Telecom's Yoo Young-sang on charges of Article 356 (breach of trust in office) and Article 137 (obstruction of official duties) of the Criminal Act at the Namdaemun Police Station in Seoul. Lawyer Gye-Jun Son said, “The members of our corporation are also victims of the same situation,” and “We deeply sympathize with the confusion and anger of the victims, and judged that this is a moment when a responsible response is necessary.” Regarding the charge of breach of trust, “The defendants (SK Telecom) and others are experts in the mobile communications industry, and although they recognized the need for office work such as the storage and use of users’ SIM-related information, they neglected management,” and added, “Among the three mobile communications companies, “Despite the only increase in operating profit last year, we pursued maximum corporate profits by reducing information security investment costs,” he said. He explained that what was particularly problematic was the circumstances of the manipulation at the time of reporting. SK Telecom first recognized abnormal signs in the company's internal system around 6:00 PM on April 18, and although it discovered malicious code around 11:00 PM on the same day, it delayed the recognition of hacking to 3:30 PM on April 20 and reported it to the Korea Internet & Security Agency (KISA). Regarding this, “SK Telecom's reporting of a false recognition time constitutes obstruction of official duties by hierarchy, and requires an appropriate initial response from government agencies.” “KISA has a public obligation to immediately take necessary measures in the event of a hacking incident in accordance with the Information and Communications Network Act, and SK Telecom’s hierarchical false reporting is a clear act of obstruction of this,” he said. Meanwhile, SK Telecom has not yet provided a specific explanation on the scale of damage from the leak or follow-up response. In response to this, Daeryun said, “The asymmetry of information is further increasing the damage,” and added, “We urge thorough investigation and accountability by investigative agencies, and hope that the substantive truth is transparently disclosed.” Lastly, Daeryun said, “The accusers and accusers are suffering great damage due to leakage of SIM card information due to professional breach of trust, while the defendants and accusers are not clearly disclosing the scale of the victims of the leak and the follow-up procedures.” He added, “I hope that this civil and criminal response will provide real relief to the victims. “We will do our best to hold legal responsibility until the end and bring about a just solution,” he emphasized. Currently, the number of applicants to participate in the class action lawsuit through the Daeryun website exceeds 900 as of 2 p.m. on May 1, and they also plan to file a claim for collective damages. Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic Daily - Daeryun sues and accuses SKT... “Best for relieving actual damage” (Shortcut) Yonhap News - SKT filed criminal complaint for 'USIM leak'... “We urge thorough investigation and accountability” (link) Yonhap News - Daeryun Law Firm Files Complaint Regarding SKT Hacking Incident (Click here) Newsis - Daeryun Law Firm filing a complaint regarding the SIM hacking incident of SK Telecom subscribers (Click here) Newsis - SKT sued and accused of 'USIM leak'... “Negligence in information management” (Shortcut) TV Chosun - SKT filed criminal complaint for 'USIM leak'... “We urge thorough investigation and accountability” (link) KBS - Additional charges of breach of trust and obstruction of official duties in ‘SKT hacking incident’… Class action lawsuit (link) KBS - SKT accusations continue... Measures to suspend new subscriber recruitment (click here) Korea Economic Daily - SKT charged with criminal charges... Class civil lawsuit also announced (link) Donga Ilbo - 100,000 people left SK Telecom in three days... Ministry of Science and Technology, emergency network inspection of three telecommunication companies, Nekao, etc. (Click here) Kookmin Ilbo - SKT faces criminal charges for ‘USIM incident’… “Call for thorough investigation and accountability” (link) Asia Today - SKT CEO charged with criminal charges for ‘USIM leak’… “Serious violation” (link) Kukje Newspaper - SKT filed criminal complaint for ‘USIM leak’… “We urge thorough investigation and accountability” (link) Busan Ilbo - SKT filed criminal complaint for 'USIM leak'... “We urge thorough investigation and accountability” (link) Empathy Newspaper - SK Telecom files criminal charges for leaking SIM information... Class action lawsuit participants exceed 900 (link) Munhwa Ilbo - A series of complaints and accusations against SKT for ‘USIM leak’… “Neglect of information management” (Shortcut) IT Chosun - SKT accused of ‘SIM leak’ [SKT SIM hacked] (Shortcut) Seoul Shinmun - Daeryun Law Firm files a criminal complaint against SKT for breach of trust and obstruction of official duties for leaking SIM card (Go here) Korea Economic Daily - Daeryun sues and accuses SKT... “Best for relieving actual damage” (Shortcut) Cookie News - SKT faces criminal charges for ‘USIM incident’… Preparations for group compensation continue (link) Sisa Journal - Will SKT be investigated by the police for 'USIM information hacking'? Submit a complaint (Go here) Segye Ilbo - Government “SKT, do not accept new subscriptions until SIM shortage is resolved” (Shortcut) Financial News - Daeryun Law Firm sues and files charges against SKT... “The best relief for actual damage” (Shortcut) Herald Economy - The USIM crisis is in full swing... SKT executives reported to police [World&] (Shortcut) Roishu - Daeryun sues and accuses SKT... “We will do our best to provide substantial relief” (Shortcut) iNews24 - Daeryun Law Firm sues SKT for 'USIM leak' (Click here) SBS Biz - [Industrial Behind the Scenes] SKT's 'USIM hacking' causes a stir... The biggest crisis since the company was founded (Shortcut) Busan Ilbo - How much is SKT's compensation and fine compared to the US case? (Shortcut) News 1- SK Telecom faces criminal charges for breach of trust due to ‘USIM hacking incident’ (Click here) YTN - Accusing SKT of 'USIM hacking'..."negligence to protect user information" (Shortcut) YTN - Accusing SKT of 'USIM hacking'..."negligence to protect user information" (Shortcut) Maeil Business Newspaper - SKT focuses on attracting customers despite lack of SIM cards... Government Super Strength (Shortcut) Yonhap News TV - SKT filed criminal complaint for 'USIM leak'... “Call for accountability” (link) Segye Ilbo - Government “Do not accept new subscriptions”… A sword was drawn on SKT (Shortcut) Asia Economy - “32 million won per person in hacking damage”… In the U.S., hundreds of billions in compensation and fines (link) Weekly Donga - SKT, the entire nation lined up for the ‘USIM hacking’ incident (link) OBC - SKT filed criminal charges... Call for accountability for 'USIM leak' (link) Asia Times - [Featured Stock] SK Telecom, down...KT-LG U+, etc. are strong (Click here) YTN Science - Accusing SKT of 'USIM hacking'..."negligence to protect user information" (Click here) TV Chosun - SKT filed criminal complaint for 'USIM leak'... “Neglecting information storage calls for investigation” (link) Radio Newspaper - SKT faces criminal charges for 'USIM leak' (link) Naeil Newspaper - Civil groups and legal circles file class action lawsuit against SKT (Go here) International News - Daeryun sues and accuses SKT... “We will hold you accountable for the SIM information leak until the end” (link) Current Affairs Journal e - According to the legal community, the issues in the class action suit for victims of ‘SKT SIM hacking’ are (go to) Newsworks - [SKT Hacking ②] Public sentiment ‘swelling’ due to delayed response and lack of communication (link) Nocut News - Legal action continues regarding SKT SIM leak... Compensation lawsuit/complaint (Go here) IT Chosun - Anxious spread of class action lawsuits and criminal charges against 23 million people... Possibility of compensation is [SKT SIM hacked] (link) Edaily - ‘SKT SIM hacking incident’ continues confusion... Police begin full-scale investigation [Case] ​​(Shortcut) Korea Economic Daily - Didn't stop even with Choi Tae-won's apology... 'SKT SIM hacking' class action lawsuits surge (Click here)
Global Epic
2025-05-02
위력행사가혹행위, 군 변호사가 말하는 ‘판단 기준’은
The ‘criteria for judging’ a military lawyer’s use of force and abuse is
Military criminal law has traditionally strictly punished crimes against superiors in accordance with the legislative purpose of establishing military discipline. In the case of crimes committed against those of a relatively lower rank, there were no provisions for particularly aggravated punishment. The crime of abuse of power and cruelty, which punishes cases where officers abuse their power and commits harsh acts, has been in place since the enactment of the Military Criminal Act, but the provisions of the crime of cruelty through use of force, which also punishes harsh acts between soldiers, were only passed by the National Assembly in 2009, about 50 years after the enactment of the Military Criminal Act in 1962. Article 62 (2) of the Military Criminal Act stipulates that ‘habitually using force by using force’ It is stipulated that “any person who abuses or mistreats a soldier through assault, threats, or similar methods shall be punished by imprisonment for not more than five years.” Here, the interpretation of power is difficult to equate with the power of general criminal law applied among civilians. Power in criminal law is interpreted as ‘social and mental coercion to the extent of restricting the other person’s free will or actions.’ For example, when a boss uses his position to exert implicit pressure on a subordinate, force can be recognized if the victim is unable to refuse. On the other hand, the Military Criminal Act does not specify separate provisions on what constitutes force. Since the military is a special, controlled environment that requires strict hierarchy, there is room for power to be seen as always present. For example, in the military, even if a senior person says to a junior, “I don’t have a good attitude these days,” the junior can become anxious. This is because even ordinary words are accepted as orders that cannot be refused within the military. This also applies to the non-verbal expressions of superiors, such as facial expressions, gestures, eye contact, and voice tone and intonation. There is an incident that I actually experienced. The client was sent to the prosecution solely for the fact that he ‘suggested’ mental education, such as duck walking and an invisible chair, to his successor, who had moved in less than two months ago. As the atmosphere in the unit at the time was not heavy and the relationship with his successor was amicable, the client complained of being unfairly investigated by the police. My fellow lawyers, including the author, reviewed the correlation between the claims made by the client and the accuser as to whether or not they were powerful. In addition, based on the statements of his predecessors in the unit, he was able to assist in the case and end it with a non-indictment. Kim Young-soo, a military lawyer at Daeryun Law Firm, said, "Like this, power under military criminal law can be interpreted abstractly during the investigation or trial process, so it has the limitation of ambiguous judgment standards. To solve this problem, it is necessary to organize the concept of power under military criminal law more systematically. For example, just as there is a difference depending on whether the saying "Would you like to take a lap around the playground?" is done by seniority or motivation, it is necessary to focus on the content. In addition, the existing relationship between the parties and the reaction of the victim at the time. “etc. must be comprehensively considered, and if there is a need to interpret it differently from the concept of power in general criminal law, the work of codifying this in the military criminal law should be carried out in parallel to prevent unnecessary misunderstandings and unfair punishments.”[View full article] What is the ‘criteria for judging’ military lawyers regarding abuse of force? (Go to here)
MBN
2025-05-02
'학폭' 대입 반영에 전쟁터 된 학교…"먼저 신고해야 이긴다"
School becomes a battleground as ‘school violence’ is reflected in college admissions… “You have to report first to win.”
【 Anchor Comment 】Last year, the response rate for school violence victims was found to be 2.1%, the highest in 6 years. Despite successive measures, schools appear to be getting more bruised by violence. In particular, starting this year, records of school violence are mandatory in college entrance exams, and the 'reporting war' surrounding whether or not it is school violence has become heated. Reporter Byeong-soo Ahn covered the story. 【 Reporter 】 Last year, at an elementary school and a middle school respectively. This is the record of the open school violence committee. It is a case of sexual harassment and social violence committed against a classmate, and both cases resulted in a police report. ▶ Standing: Byeong-soo Ahn / Reporter - "These are lawsuit materials related to the school violence committee involving an elementary school student. Even though it is a single case, the considerable amount of documents is as much as a complex criminal lawsuit." Starting next year's college entrance exam, the 'fact of school violence' will be reflected as a factor in deducting points, and the fight within the school to somehow avoid recognition of school violence has intensified. This is an analysis.▶ Interview: Lawyer specializing in school violence - "With the issue of college admissions at stake, there are more and more cases of reporting school violence in response." The number of cases reviewed by the school violence committee last year was 23,000, and there is a possibility that it will increase rapidly in the future. In fact, there is a widespread perception in schools that I have to report first to win. ▶ Interview: Parents of students involved in school violence - "That's what everyone says, even teachers in the student affairs department. If you report it first, That person has the upper hand. (The school also knows) that there are dozens of appeals a year... "Education authorities have taken action to address the overheated atmosphere by announcing the 5th basic plan to prevent school violence. In the case of first and second grade elementary school students, they decided to support restoration of relationships. There is also an opinion that this mediation attempt will be effective in reducing indiscriminate reports of school violence. ▶ Interview (☎): Naeun-jeong / Lawyer - "There is a need for clear protection measures for student victims. In some cases, it is necessary to build a system that focuses on restoring relationships between students rather than punishment..." The Ministry of Education announced that it will create an environment in which conflicts between students can be resolved educationally. This is Ahn Byeong-soo of MBN News. Video coverage: Reporter Park Joon-young Video editing: Lee Beom-seong Graphics: Lim Ju-ryeong Ahn Byeong-soo Reporter (ahn.byungsoo@mbn.co.kr)[View full article] School becomes a battleground as ‘school violence’ is reflected in college admissions… “You have to report first to win” (Shortcut)
16 places including Roisch
2025-04-29
법무법인 대륜, ‘SKT 개인정보유출 집단소송’ 참여자 모집
Daeryun Law Firm, recruiting participants for ‘SKT personal information leakage class action lawsuit’
As the personal information leak of SK Telecom (SKT) spreads and the damage to subscribers is growing, Daeryun Law Firm announced on the 29th that it will gather victims and file a class action lawsuit. SK Telecom discovered on the 19th that some of SKT subscribers' SIM information was leaked due to a hacker's malware attack. SK Telecom announced that it would replace the SIM cards of all 23 million subscribers free of charge, but only low-cost phone subscribers. Given that there are a total of 25 million people subject to replacement, including 1.87 million people, confusion due to lack of inventory is expected. In particular, the impact is expected to grow further as it has been confirmed that SK Telecom reported damage beyond the legal deadline despite being aware of the SIM hacking situation during the response process, and then refused any technical support, such as damage support services and support for follow-up measures from government agencies at the time of reporting. Accordingly, Daeryun, led by lawyers specializing in personal information protection and IT, launched a campaign called 'SKT Personal Information Protection'. A task force (TF) dedicated to the ‘leak’ was formed to respond. The TF is in charge of all legal procedures for collective damages claims and recovery of damages caused by personal information leaks. Daeryun announced that he plans to file a complaint against SK Telecom at the police station under the jurisdiction of the headquarters for obstruction of official duties, etc. This is to hold clear responsibility for this leak and reveal the true nature of the incident. Additionally, Daeryun plans to deploy experts from the Digital Forensics Center to the task force to conduct an investigation to confirm the exact damage. Analysis and response plan establishment to prove direct and indirect damage to victims have been completed. In the future, only applicants will be submitted with SIM issuance history, device information, and basic communication-related data, and when abnormalities are found, additional in-depth analysis will be conducted to support proof of damage. Applications to participate in the SKT personal information leak class action lawsuit can be made on the Daeryun Law Firm website. Daeryun Kim Gook-il, CEO of Daeryun Law Firm, said, "Currently, inquiries from customers are continuously coming in. As it is difficult to predict what damage will occur in a situation where personal information has already been stolen, the scale of damage is expected to increase further." “The victim must directly prove that the damage was caused by SKT, and it is judged that the compensation process will be possible only after going through all the processes,” he said. He added, “We will do our best to support the victims so that they can receive fair compensation through a class action lawsuit, while holding SK Telecom clearly accountable.” (sisalaw@lawissue.co.kr)[View full article] Roishu - Daeryun Law Firm, recruiting participants for ‘SKT personal information leakage class action lawsuit’ (Go here) KBC Gwangju Broadcasting - "I'll just move on"... 70,000 SKT subscribers left in two days due to hacking concerns (link) Sejeong Ilbo - Daeryun Law Firm initiates ‘class lawsuit’ over SKT personal information leak (Go here) Seoul Shinmun - Daeryun Law Firm, recruiting participants for class action lawsuit over ‘SKT SIM information leak’ (Go here) Financial News - Daeryun Law Firm seeks relief for SKT personal information leak damage (Click here) Kukje Newspaper - ‘SKT hacking’ class action lawsuit… Daeryun Law Firm, recruiting participants for damages claims (Go here) Law Leader - Daeryun Law Firm pursues class action lawsuit against SKT for personal information leakage (Go here) Yonhap Infomax - SKT hacking victims gather... Personal information leakage ‘class action lawsuit’ begins in earnest (Click here) International News - Daeryun Law Firm commences SKT personal information leakage class action lawsuit... “We will hold people accountable and provide compensation” (link) Korea Economy - "Request for compensation of 500,000 won per person"... SKT's 'USIM hacking' class action lawsuit begins in earnest (Click here) Korea Economy - “Worst hacking incident in history”… Lawyers competing for ‘SKT class action lawsuit’ (Go here) Daily Sports - SKT's 'hacking incident' class action lawsuit moves, 70,000 subscribers move to telecommunications carrier (link) Yonhap News - Police investigate as victim of SKT hacking... Possibility of being a suspect in a complaint or accusation (link) Kookmin Ilbo - Police investigate SKT as ‘hacking victim’… Possibility of becoming a suspect (link) Herald Economy - “Who is responsible for SIM phobia?”… Police search for SKT hacker (link) Financial News - Victims file class action lawsuit against SKT for ‘USIM leak’… Daeryun responds by forming a TF (link) Yonhap News TV - Police investigate SKT as 'hacking victim'... Possibility of suspect (link)
Money Today
2025-04-29
소상공인·중소기업 경영자가 반드시 알아야 할 경영 체크리스트
Management checklist that small business owners and small and medium-sized business managers must know
For successful business operation, good ideas, strong capital, and a ‘sustainable management strategy’ are essential. For sustainable management, it is important to comply with legal requirements and prevent risks. In particular, small business owners and small and medium-sized enterprises need to be careful because minor mistakes often lead to fatal results due to relatively insufficient management organizations such as legal affairs, tax affairs, and labor. Therefore, in order to run a business stably, it is necessary to keep in mind the key points that must be checked. First of all, in the process of laying the foundation for your business, you must properly select business registration and legal form. This is because taxes, scope of responsibility, and financing methods vary depending on whether you operate as a sole proprietor or establish a corporation. For example, a sole proprietorship is relatively easy to establish and operate, but there is a risk that business debt can affect personal assets. On the other hand, corporations have separate legal responsibilities, but the establishment procedures are complicated and operating regulations are more stringent than individual businesses. In addition, essential licenses and permits must be checked depending on the industry. In the case of the restaurant business, along with business registration, it is essential to take hygiene and fire safety training and sign up for fire compensation insurance and liability insurance. Medical businesses must have a license and obtain permission from an administrative agency, and education businesses must also submit documents such as an application for academy establishment registration to the Office of Education. If you choose a corporation during the establishment process, you must prepare the articles of incorporation and organize the shareholder list systematically to prevent future legal disputes. Reviewing the contract is also an area that cannot be neglected. Some businesses rely on verbal agreements, but this can be disadvantageous in the event of a legal dispute. A contract is not simply a formal procedure, but a key means of preventing risks that may arise in the future. In all employment relationships, writing an employment contract is basic, and if you work with a partner, writing a partnership agreement is essential. Also, in relationships with business partners, payment terms, delivery schedule, and scope of responsibility must be made clear through contracts. Transactions conducted without a service contract or supply contract can result in significant losses due to a minor misunderstanding. Human resources and labor management are also commonly overlooked aspects of small and medium-sized business management. If there are five or more full-time workers, labor laws such as the 52-hour workweek must be observed. Along with signing an employment contract, it is also essential to provide a salary slip. In addition, if annual leave and severance pay standards are not followed, there is a high possibility of being involved in an investigation by the Labor Office or a legal dispute with workers. In particular, as the protection of worker rights, such as workplace harassment and unfair dismissal, has become more important, preventive measures such as internal employee training have become important. Although the human resources management system may be lacking at the beginning of the business, if it is not improved during the growth stage, it may face unexpected legal disputes. Tax and financial management are important factors that determine the sustainability of the business. Unlike large corporations, small business owners and small and medium-sized businesses often find it difficult to hire tax experts, so they need basic tax knowledge and procedures to familiarize themselves with reporting procedures. Value-added tax (VAT) reporting, income tax, and corporate tax payment schedules must be carefully managed, and it is best to prepare in advance to reduce the burden of additional tax. It is also important to use tax saving strategies and properly prove legally recognized expenses. For example, work-related expenses must be recognized as expenses by thoroughly managing receipts. Also, in the case of small business owners, if they have employees, they must not forget to report earned income withholding tax and the four major insurance policies. Lastly, protection of intellectual property rights is directly related to long-term brand strategy. Registering your business name and brand trademark right from the start of your business will be helpful in case of future legal disputes. Assets such as logos, content, and product designs must also take copyright protection measures to prevent unauthorized use. In particular, as online business becomes more active, brand value has become more important, and trademark disputes abusing this are increasing, so caution is required. Conversely, you may make the mistake of unknowingly infringing on another company's patent or trademark, so you should conduct a thorough review before filing. Small and Medium Business Team[View full article] Management checklist that small business owners and small and medium-sized business managers must know (link)
Loishu
2025-04-29
친족 성폭행, 은폐의 터널 빠져나오려면 용기 있는 법적 대응이 필요
Relative sexual assault requires courageous legal response to escape the tunnel of concealment
Recently, the court sentenced a man in his 70s to 25 years in prison who was accused of sexual assault by raping his daughter. He continued to commit crimes for 40 years, and shocked his daughter's granddaughter by committing sexual assault as well. The court expressed, “It is deplorable that something can happen in our society.” This is a symbolic example that shows the isolation of victims of sexual crimes against relatives. Sexual crimes against relatives are usually not revealed to the public and the reporting rate is low. Since most of the victims are minors, it is not easy to recognize and respond to the crime. This is because they are often economically and emotionally dependent on the perpetrator and are reluctant to raise issues. According to the Korea Sexual Violence Relief Center, 55% of victims took more than 10 years to receive counseling after the initial victimization. Serious crimes are being concealed for a long period of time within the framework of the family. Punishment for sexual assault that occurred between relatives carries a heavy sentence under the criminal law. According to Article 5, Paragraph 1 of the Special Act on the Punishment of Sexual Crimes, if a relative rapes another person through assault or intimidation, he or she will be sentenced to imprisonment for a limited period of 7 years or more. Also, under the Sexual Violence Punishment Act, relative relationships are interpreted much more broadly than in civil law. For example, ‘relatives based on de facto relationship’ are not included in the Civil Code, but are included in the Sexual Violence Punishment Act. This can be easily understood by recalling the case where a stepfather in his 40s committed relative sexual assault against his teenage stepdaughter and was sentenced to 10 years in prison. The statute of limitations for such relative sexual crimes has been gradually expanded. In 2010, when the Special Act on the Punishment of Sexual Violence Crimes was revised, a new regulation was established to ensure that the statute of limitations runs from the date the victim becomes an adult. This takes into account the unique fact that it takes time to report because most victims and perpetrators stay in the same place. Also, in 2012, the statute of limitations for rape and forcible molestation of girls under 13 and disabled women was abolished. In July of last year, an amendment was proposed to expand this to those aged 13 to 19. This trend indicates that social awareness of the seriousness of the crime and the need for victims to recover is expanding further. There are three realistic response measures that victims of relative sexual assault can take. The first thing to do is to apply for a protection order so that you can be separated from the perpetrator. If the court implements temporary measures such as eviction and access ban, the perpetrator will not be able to access the victim's home or other residential areas, and if they violate this, they can be imprisoned for up to one year or fined up to 10 million won. The second option is to receive quick and anonymous legal and medical support through the Sunflower Center or the Women's Emergency Hotline 1366. It is effective in initial response because you can receive follow-up support during counseling, such as △connection with investigative agencies, △connection with medical institutions, and psychological counseling. As a third and final option, a separate civil lawsuit is possible. It is possible to claim compensation for mental damage separately from criminal proceedings. Such procedures require a systematic analysis of legal issues, so it is advisable to receive legal assistance from a sex crime lawyer. Myeong-cheol Kim, a sex crime lawyer at the Daeryun Law Firm, said, "Sexual assault by relatives leaves a psychological trauma on the victim. Even if they take legal action, there are times when they feel guilty in the name of family. However, the longer the silence lasts, the more the victim will remain in pain and the perpetrator is likely to avoid responsibility. Therefore, having the courage to speak out can be the most important first step. “There is,” he advised.[View full article] Relative sexual assault requires courageous legal response to escape the tunnel of concealment (link)
Sports Seoul
2025-04-29
식당 양도하고 동일한 메뉴로 다시 개업한 업주…法 “경업의무위반 아냐”
The owner transferred the restaurant and reopened with the same menu... Law: “It is not a violation of duty to compete.”
A year after transferring the store, it opened in the same administrative district... “The royalties must be returned.” The court said, “There is no clause prohibiting competition in the contract… It is difficult to regard it as being in the same commercial area.” If the business transfer agreement was written in the form of a real estate lease contract and there was no separate clause prohibiting competition, the court ruled that it is difficult to apply the duty to prohibit competition under the Commercial Act. On the 13th of last month, the Jeonju District Court ruled that Plaintiff A lost in a lawsuit seeking compensation between restaurant owners A and B. Mr. A signed a contract to take over Mr. B's restaurant in 2020. At that time, Mr. A paid Mr. B about 70 million won, including the existing lease deposit and key money. However, the following year, a problem arose when Mr. B opened a restaurant somewhere else. The menu composition of the two stores overlapped as they sold similar food to the store that was handed over to Mr. A. Mr. A claimed that Mr. B violated the duty of non-competition. This is because at the time of signing the contract, they promised not to open a restaurant with the same menu within the same administrative district. In addition, they emphasized that the key money handed over during the contract process should be returned, saying that such violations led to a decrease in store sales and led to the closure of the business. In response, Mr. B countered that the obligation to prohibit competition under the Commercial Act does not apply because the store was transferred through a ‘real estate lease contract’ rather than a ‘goodwill sales contract’. At the same time, he argued that the names of the two stores were clearly different and that sales would not be affected by opening in a different commercial area from Mr. A. The court ruled in Mr. B's favor. The court said, “The transfer agreement was written in the form of a real estate lease agreement, and the contents did not include matters related to the obligation to prohibit competition,” and added, “There is no evidence of a promise not to open a business in the same administrative district.” He added, “The two stores have to travel 10km by car or bus, so they are a considerable distance away and their delivery areas do not overlap,” and added, “It is difficult to say that they belong to the same commercial district because there are restaurants selling similar menus in between.” In this case, Mr. Attorney Lee Ha-neul of Daeryun Law Firm, who represented the company, explained, “If you look at the transfer agreement, matters such as the transfer of business know-how, succession of business partners and employment, and the obligation to prohibit competition, etc. were not mentioned,” and explained, “This contract should be seen as meaning a key money agreement in which the new lessee pays separately to the existing lessee, not a business transfer contract under Article 41 of the Commercial Act.” Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] The owner transferred the restaurant and reopened with the same menu... Law: “It is not a violation of duty to compete” (Shortcut)
2 places including Seoul Newspaper
2025-04-29
새벽 무단횡단 보행자 들이받아 사망 60대 운전자 무죄
Driver in his 60s killed in early morning jaywalking pedestrian found not guilty
The court found a driver in his 60s not guilty on charges of hitting and killing a pedestrian who was jaywalking on a deserted road in the dark of early morning. According to the legal community on the 29th, the Namyangju Branch of Uijeongbu District Court found Mr. A not guilty on the 13th of last month on charges of violating the Special Act on Traffic Accidents (death). Mr. A was driving at a speed of 30 km/h on a one-way two-lane road in Gapyeong-gun, Gyeonggi Province, around 1 a.m. last May. He was put on trial on charges of hitting and killing Mr. B, who was jaywalking while driving a medium-sized truck at a speed of 63 km. Mr. B was immediately taken to the hospital, but died while receiving treatment. At the trial, Mr. A pleaded not guilty. Mr. A's side argued, "There was no professional negligence because it was early morning at the time of the accident and we could not have predicted that Mr. B would jaywalk. The speed limit on the road where the accident occurred was 70 km/h, and the speed limit was also complied with." The court accepted Mr. A's argument. This is because the road where the accident occurred can be seen as a one-way street as the two lanes on each side are separated from each other, and there are no permits or commercial facilities nearby, so there are few people and there are no crosswalks installed, so it was difficult to predict that such an accident would occur. Mr. A's legal representative, Yoo Jae-young, attorney at Daeryun Law Firm, said, "The incident occurred in the dark of the night, and Mr. B's clothes were also dark-colored, making it difficult for drivers to recognize pedestrians jaywalking. “It appears that the court took these circumstances into consideration and reached a not guilty verdict.” Reporter Jeong Cheol-wook[View full article] Seoul Newspaper - Driver in his 60s killed after hitting jaywalking pedestrian early in the morning, not guilty (Click here) Herald Economy - Man in his 60s found not guilty after running over and killing a jaywalking pedestrian in the dark of early morning (Shortcut)
KBC Gwangju Broadcasting
2025-04-28
직장 내 성희롱 무마 대표 '무혐의'.."2년 넘게 이의 없어 사건 종결로 인식 가능"
The representative who dismissed sexual harassment in the workplace was 'not guilty'... "There have been no objections for over two years, so the case can be recognized as closed."
The CEO of a company accused of covering up sexual harassment in the workplace was cleared of the charges by the prosecution. On the 28th, the Daejeon District Prosecutors' Office announced that it had decided not to indict Mr. A, a man in his 60s who was sent on charges of violating the Act on Equal Employment Opportunity for Men and Women and Support for Work-Family Balance on the 11th of last month. Although sexual harassment occurred within the company he was CEO in 2022, Mr. A was accused of trying to cover up the incident without a separate investigation or protective measure. Sexual harassment The victim, Mr. B, claimed that not only did Mr. A try to cover up the incident, but he also failed to keep confidentiality, which spread rumors within the workplace and caused him extreme psychological damage. According to Article 14 of the Equal Employment Opportunity Act, if an employer becomes aware of sexual harassment in the workplace, he/she must conduct an investigation to confirm the facts without delay and prevent the victim from feeling sexual shame during the investigation process. Additionally, a person who investigates the occurrence of sexual harassment or is briefed on the details of the investigation must disclose secrets learned during the investigation to others. You must not divulge it. Mr. A completely denied the charges. They said they did their best to resolve the problem, such as meeting with Mr. B's parents and talking to them. They also explained that they perceived the case as closed because Mr. B did not raise any issues after receiving the perpetrator's apology. The prosecution explained, "It is acknowledged that the case was closed rather quickly, but there were no circumstances of intentional ignorance or concealment by Mr. A." He added, "At the time, the conversation with Mr. B's parents ended smoothly, and from Mr. He added, "Mr. B has never raised an objection to the procedure or result for more than two years since then." Dong-gu Kim of the Daeryun Law Firm, who represented Mr. A, said, "If sexual harassment occurs in the workplace, the case is handled in one of two ways, such as reaching an agreement between the parties or conducting a formal investigation." He added, "At the time, Mr. Shin Min-ji (sourminjee@ikbc.co.kr) explained, “I didn’t do it.”[View full article] The representative who dismissed sexual harassment in the workplace was 'not guilty'... "There have been no objections for over two years, so the case can be recognized as closed" (link)
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