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Low wages, non-payment of transportation expenses, false registration of manpower and meal expenses for preservation… Employee embezzlement: “Most of the proceeds from crime were spent on workers’ salaries.” The court ruled, “There is not much personal gain.” A warden who stole company money by falsely collecting labor costs to pay salaries to field workers was sentenced to probation. On January 23, the Seoul Northern District Court sentenced Mr. A, an office worker in his 60s, to eight months in prison and two years of probation on charges of fraud and embezzlement on the job. The court also ordered Mr. A to perform 80 hours of community service. While working as a superintendent at a construction site in 2023, Mr. A was indicted on charges of stealing company money by registering people who did not actually join the company in the company system, collecting labor costs, and falsely claiming meal allowances. In addition, he was also accused of embezzling about 20 million won by arbitrarily selling company products and embezzling cash. Mr. A admitted to all charges. However, complaints were raised on site because the company set wages lower than average, and it was claimed that the company falsely registered manpower to resolve this problem. It was also explained that the false meal claim was a response to the company's sudden non-payment of transportation expenses. In addition, he said that he sold the company's products according to the instructions of the deputy director, and that he distributed all the money he received from disposing of them to the workers. Regarding this, the court said, "The amount of money that the defendant swindled and embezzled is relatively large," but explained the reason for the suspended sentence, saying, "Most of the acquired money was used to pay salaries to field workers, and it appears that the personal profits he took were relatively small." He then explained the reason for sentencing, saying, “The defendant has reflected on and acknowledged all of his crimes, and we have taken into consideration the fact that he made a deposit for the victim.” Yang Ki-yeon, a lawyer at Daeryun Law Firm, who represented Mr. A, said, “If he did not consume or retain most of the proceeds of the crime, it is grounds for a reduction in the sentence for fraud.” He added, “It was recognized that most of the proceeds from Mr. A’s crimes were not used for personal purposes, so he was able to receive a suspended sentence.” Digital Content Team[View full article] Field manager who stole company money to pay salaries... Law ‘Probation of Execution’ Sentence (Shortcut)

Daeryun Law Firm, which provides legal advice on overall matters such as investment, personnel, and labor, announced that it has signed an MOU with Gyeongnam Passenger, a transportation company in the Seoul and Gyeonggi region, to expand the transportation business. At the signing ceremony held at Gyeongnam Passenger's headquarters on the 19th, key officials including Daeryun Kim Kuk-il, CEO of Management Nam Young-jae from the Corporate Legal Group, and Gyeongnam Passenger CEO Nam Kyung-hoon attended. Gyeongnam Passenger was established in 1959 and operates airport buses, town buses, and city buses. It is a company engaged in the passenger transportation business, operating routes across the country and contributing to the development of public transportation. In addition, since its founding, it has provided the best passenger transportation services to customers and has won awards in various fields, such as an industrial award, a presidential commendation, and a commendation from the Minister of Land, Infrastructure and Transport. Daeryun and Gyeongnam Passenger have decided to cooperate in various fields such as passenger operation and human resource training. According to this agreement, the two companies will cooperate in areas such as △ Preventing legal risks due to diversification of business areas △ Legal consultation for transportation workers △ Legal education for executives and employees △ Corporate labor and tax advice △ Inspection of various contracts. Nam Kyung-hoon, CEO of Gyeongnam Passenger Company, said, “Based on Yongin, our passenger company has expanded its routes nationwide, including Suwon, Seoul, Incheon, Gimpo Airport, Busan, and Gangwon. Public transportation “Legal stability is important as the service is directly related to the safety of citizens,” he said. “There are many legal disputes that arise when building infrastructure, and we will do our best to develop together through the capabilities and resources of both companies.” Daeryun CEO Kim Kook-il said, “We will provide comprehensive legal services for legal issues that may arise during the operation of Gyeongnam Passenger’s transportation service. There are many lawyers with experience as in-house lawyers and legal team leaders. “We can preemptively provide necessary legal help to companies,” he said. “We will pursue extensive cooperation so that we can jointly respond to specialized areas such as business management and investment.” Meanwhile, Daeryun operates specialized centers within the corporate legal group, including corporate advisory, corporate rehabilitation and bankruptcy, M&A, asset management, human resources and labor, and management rights disputes, providing legal services tailored to the characteristics of the case. Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Daeryun Law Firm and Gyeongnam Passenger Company signed an MOU... “Expanding transportation business” (link)

Daeryun Law Firm is expanding its global legal services, including corporate overseas expansion, by selling overseas legal experts one after another. Daeryun Law Firm announced on the 12th that it has recently hired overseas legal experts, including attorneys Choi Young-jin, Kim Mia, and Lee Jae-yoon, and customs experts Myung Jae-ho and Kim Dae-ryun. Attorney Choi is an M&A expert who has advised on the acquisition of many overseas companies, including those in Vietnam and Canada. He also represented a domestic company in arbitration at an overseas arbitration center and helped a domestic local government establish an overseas office. Based on this experience, Attorney Choi plans to provide strategic advice for resolving international trade-related disputes and for companies to advance overseas. Attorney Kim is an overseas legal expert with excellent knowledge of visa and immigration law. We plan to provide legal support to individuals and companies, including managing complex administrative procedures and problems related to overseas expansion and finding solutions. Attorney Kim also holds qualifications as a general administrator and a foreign language translation administrator, so he can provide consulting services on all aspects of international business, including labor laws and contracts necessary for companies to attract overseas talent. Attorney Lee is a former member of the Regulatory Reform and Legal Affairs Office of the Ministry of Trade, Industry and Energy, and was in charge of advising on domestic industry and trade-related laws and overseas legislation. He is qualified as an international trader and has been in charge of various international trade dispute cases. Based on his experience, he plans to help companies resolve disputes that they may encounter during the trade process. Customs expert Myeong has accumulated expertise by supervising trade reviews at several companies and providing FTA consulting for executives and employees. Based on this, we plan to diagnose problems that companies may encounter in international transactions, such as customs duties, foreign trade, and foreign exchange transactions, and derive optimal solutions. Customs expert Kim carried out import/exit customs clearance and customs investigation response for various companies. Based on this experience, we plan to provide HS correction claims and strategic material export consulting required for companies with relationships with foreign countries. Daeryun plans to continue to build a system that can quickly and efficiently respond to various legal demands by intensively recruiting talent with global capabilities in international transactions and overseas corporate advisory. Daeryun Management CEO Kim Kook-il said, “This recruitment of overseas legal experts is an important strategic decision to strengthen Daeryun’s competitiveness in the global legal market beyond simply reinforcing human resources. “We will provide enhanced legal services to solve various problems faced by individuals and companies in the international legal environment.” Reporter Jeong Cheol-wook[View full article] Seoul Shinmun - Daeryun Law Firm continues to recruit overseas legal experts... Expansion of overseas legal services (link) Roishu - Law firm Daeryun launches ‘all-out offensive’ to recruit experts to expand overseas legal services (link) International News - Law firm Daeryun launches 'all-out offensive' to recruit experts to expand overseas legal services (Click here) Korea Economic Daily TV - Daeryun Law Firm begins expansion of overseas legal services (Click here) Korea Economic Daily - Recruiting a large number of overseas legal experts... Daeryun begins targeting companies operating overseas (Click here) Segye Ilbo - Law firm Daeryun launches ‘all-out offensive’ to recruit experts to expand overseas legal services (link) Legal News - Daeryun Recruits Experts to Strengthen Overseas Legal Services (Click here)

Drug crimes have been on the rise in recent years, and drug smuggling, distribution, and even transaction methods are becoming increasingly sophisticated. According to data released by the Korea Customs Service in January, a total of 862 drugs were detected by customs authorities at the border last year, totaling 787 kg. This is an amount that can be administered to approximately 26 million people, or half of the total population, at the same time. Overseas smuggling methods are also diversifying. Smuggling attempts were made through international mail (420 cases) or express cargo (235 cases), and there were also quite a few direct smuggling attempts through travelers (199 cases). Drugs brought into the country in this way are traded in various ways. They mainly recruit drug dealers through Telegram, SNS, etc., and then they deliver the drugs to buyers. Like voice phishing, it is operated in the form of a branch organization from the leader to the middle and the lowest level. In this way, drug crimes have permeated every corner of our daily lives, but they are not easy to detect because they are carried out systematically and secretly. According to a Korean police research report, the average crime rate (multiplier for calculating the actual number of crimes committed compared to arrests) of domestic drug crimes is 28.57 times. If this is applied, the actual drug crime is estimated to be much higher than the official statistics. The government has also rolled up its sleeves to eradicate drugs. The government announced plans to strengthen the investigation team dedicated to online drug distribution and cooperate with online messenger operators such as Telegram to dismantle large-scale online drug distribution networks. As part of this, it was decided to increase the reward for informants of drug crimes from the current 50 million won to a maximum of 300 million won, and to reduce the punishment for criminals who cooperate with the investigation. As drug crimes are evolving day by day, punishments are also being strengthened. In drug cases, all parties involved, including sellers, buyers, and intermediaries, are punished according to the Narcotic Drugs Control Act. Smoking, consuming, cultivating or distributing marijuana can result in imprisonment of up to 5 years or a fine of up to 50 million won. In particular, psychotropic drugs such as methamphetamine (philopon), ecstasy, and ketamine can cause serious harm to the human body if misused, so the sentences are more severe. If taken illegally, you can be sentenced to up to 10 years in prison or a fine of up to 100 million won. In addition, this applies to first-time offenders without exception, and if they commit acts such as destroying or hiding drugs after being caught, they cannot avoid aggravated punishment. In addition, in the case of new drugs with stronger hallucinogenic effects than existing drugs, if they are recognized as similar to existing drugs, they will be subject to criminal punishment under the temporary narcotic designation system. Therefore, just as with existing banned drugs, all activities, including administration, possession, possession, management, selling, and receiving, are prohibited. In particular, caution is required for these new types of drugs, as even if no drugs are detected in the body, suspicions can be established based on purchase records or financial transfer details. Cho Seong-geun, a drug lawyer at Daeryun Law Firm (Limited), said, “If you become a drug suspect, it is highly likely that a lot of relevant evidence has already been secured by the investigative agency.” He added, “If it is a simple drug use, it is necessary to prepare extenuating circumstances for the facts of the case, focusing on the value of the drug and whether it was distributed.” In addition, narcotics and psychotropic drugs are subject to intensive investigations based on the principle of arrest investigation, and if you want to reduce the suspicion even a little, it is recommended to consult with an expert from the beginning of the investigation, so the circumstances of the case must be clearly revealed in the early investigation stage to avoid as much as possible unfavorable situations in the future trial process.” Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr Evolving drug crimes, ranging from smuggling to transaction methods (Go here)

The court ruled that if the insurance agent interfered with the notification of medical history at the time of signing the contract, the contract cannot be terminated for this reason. According to the legal community on the 20th, the Seoul Central District Court ruled in favor of the plaintiff in the insurance payment lawsuit filed by Mr. A, a man in his 50s, against the insurance company on January 21. Mr. A signed an insurance contract through insurance agent B in 2023. Afterwards, Mr. A, who received hospital treatment for myocardial infarction, claimed related insurance money. However, the insurance company The side refused to pay. The reason was that although Mr. A had suffered from high blood pressure and hyperlipidemia in the past at the time of the insurance contract, he did not disclose this, thereby violating the 'pre-contract notification obligation'. Mr. A was also notified of the termination of the contract. However, Mr. A filed a lawsuit, claiming that he informed Mr. B, who was in charge, of his medical history. However, he claimed that Mr. B only responded by asking him to check 'no' when asked about the relevant medical history at the time. At the same time, the company's contract termination was invalid. The court ruled in favor of Mr. A. The court said, "It is acknowledged that the plaintiff did not notify the fact that he had been diagnosed and prescribed medication at a hospital in the past," but pointed out, "However, this was because the insurance planner actively interfered with the notification." It continued, "If it had not been for the agent's actions, the plaintiff would not have provided inadequate notice," and ruled that the insurance company had an obligation to pay a total of 28 million won, including diagnosis and surgery fees, to the plaintiff. A's legal representative served as Mr. A's legal representative. Attorney Shin Seong-min of Daeryun Law Firm said, "Insurance planners have an obligation to explain the important contents of the contract in specific and detailed terms. If the contract is concluded without complying with this, the insurance contract cannot be terminated." He added, "In this case, even though Mr. A was informed that he had a medical condition at the time of signing the contract, he was induced to give a false answer, so it can be seen that he failed to fulfill his obligation to explain." Reporter Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] ‘I signed up hiding my illness’... Law, “Insurance benefits must be paid” (Shortcut)

The court ruled that if a wholesale or retail sales company established a similar manufacturer without notifying the contracted production company, it would be justified even if the production company unilaterally terminated the contract. This is because it is judged that it is an act that greatly interferes with business for a company in a cooperative relationship to engage in the same business. In January, the Suwon High Court dismissed the plaintiff's claim as in the first trial in a lawsuit for damages filed by company A, a wholesale and retail sales company, against company B, a manufacturer of industrial adhesive-related products. Company A signed a dealership contract with company B in November 2021. Afterwards, Company B established a separate corporation to manage contract companies, including Company A, and then conducted an evaluation to determine whether to renew the contract for each company. During this process, Company B discovered that Company A had established a similar manufacturing company and stolen the company's proprietary technology. Accordingly, Company B notified Company A of the termination of the contract in May of the following year and stopped supplying products, citing a breakdown in the trust relationship. Company A immediately protested. Company A filed a lawsuit for damages of approximately 630 million won, claiming that the contract was unilaterally rejected by Company B. Company A claimed that Company B terminated the contract for an unfair reason, which was a violation of the Fair Trade Act. Company B requested that the claim be dismissed, saying, “Company A signed the contract without informing them that they were operating a similar company,” and “Because a significant change occurred in the contract, the contract could no longer be continued.” The first trial ruled in favor of Company B. The first trial court said, “Circumstances that raised doubts about the plaintiff’s reliability were revealed when he established a similar manufacturer and sales agency, which served as a major reason why the contractual relationship could not be maintained.” The appeals court also found no problem with Company B’s contract termination process. The appellate court ruled, “The plaintiff is the cause of the incident and it appears that the termination of the contract was an act of business necessity.” Lawyer Choi Han-sik of Daeryun Law Firm, who represented company B, said, “Company A was managing its clients under the purpose of technology sales and conducting monopolistic sales for company B.” He explained, “If company B had not established a separate corporation to manage contract companies, it would not have known that company A was operating the same business.” He added, “Company B discovered several problems after evaluation.” “The only action that could be taken immediately was to terminate the contract,” he said. “Therefore, it is difficult to say that Company B’s notification of suspension of business to Company A is likely to undermine fair and free competition or is unfair.” Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] A company that secretly created a similar company and stole technology... Invoice for termination of contract with a business partner (Shortcut)

A woman in her 60s who was accused of causing injury by colliding with another patient who was approaching her at the hospital was found not guilty after requesting a formal trial. On the 6th of last month, the Ulsan District Court found Mr. A, in his 60s, not guilty on charges of manslaughter. Mr. A was accused of injuring B, a woman in her 70s, by falling in the hallway of a local university hospital in 2023. The incident occurred when Mr. A, who was leaving the hospital treatment room, passed by Mr. B who was approaching him. Immediately after the two men crossed paths, Mr. B fell and suffered 12 weeks of displacement. Mr. B filed a complaint against Mr. A, saying that he had no choice but to fall after being hit by Mr. A's elbow. Mr. A completely denied the charges. He claimed that he was aware of Mr. B's presence when leaving the treatment room and that he moved out of the way while leaving a certain space. At the same time, Mr. A emphasized that when looking at the CCTV footage, it appears that Mr. B lost his balance and fell. The police believed that Mr. A's charges were acknowledged. Since Mr. B was old and could easily lose his balance and fall, the main reason was that Mr. A had a duty to walk safely, such as looking ahead and keeping an appropriate distance, to prevent Mr. B from getting hurt. The prosecution also found Mr. A to be at fault and sentenced him to a summary indictment with a fine of 3 million won. A summary order was then issued in court, but Mr. A objected and requested a formal trial. In the end, the court found Mr. A not guilty. First, the court pointed out the credibility of Mr. B’s statement. Mr. B visited the emergency room immediately after falling and told the doctor, “I tripped and fell,” and during the first police investigation, he also answered, “I’m not sure if I tripped or hit,” but he changed his statement during the second investigation, raising questions about its credibility. The CCTV analysis results requested from the National Institute of Forensic Science also served as important evidence. The National Forensic Service, which analyzed the video, responded, “It is possible that the two people made contact, but it is difficult to determine whether there was contact due to the blind angle created by the camera’s shooting angle.” In addition, the court said, “The victim fell to the right immediately after the defendant’s right elbow crossed the victim’s right arm. If the victim fell due to the impact of the collision, it is in accordance with the laws of physics that he fell to the left, not the right.” At the same time, he explained the reason for the not guilty verdict, saying, “Even if the two people collided, we took into account the fact that the part of the victim’s body that the defendant’s elbow collided with was the arm, and that it was not a part that caused a large impact to the body.” Attorney Song Min-ye of the Daeryun Law Firm, who represented Mr. “It is excessive to impose a duty of care,” he said. Attorney Song also added, “During the trial, we requested a CCTV analysis review by a professional agency, and through the results, we were able to obtain a not guilty verdict, emphasizing that a causal relationship was not proven between Mr. A’s actions and Mr. B’s injuries.” Digital Content Team[View full article] A man in his 60s who received a summary order for manslaughter... ‘Not guilty’ after requesting formal trial (link)

When his wife disappeared, he posted 19 posts about his wife's premeditated crime on TikTok, YouTube, etc. The accused prosecutor said, "It's a means to find his wife... overall, it's hard to see it as 'slander.'" A 40-year-old man who was accused of defamation after posting about his wife's fraudulent behavior on social media to find his runaway wife was sent to the police, but the prosecution decided not to indict him. The Pohang branch of the Daegu District Prosecutors' Office promotes the use of information and communication networks. It was confirmed that Mr. A, a man in his 40s, was not indicted in January on charges of violating the Act on Information Protection, etc. (defamation). Mr. A was accused of defaming the victim by posting defamatory posts on social media 19 times from early July 2023 to the end of May 2024, claiming that his Vietnamese wife, B, who ran away from home, committed fraud against him. Mr. A was married at the time. He claimed that he spent tens of millions of won on gifts, but Mr. B disappeared less than two months after getting married, and that he only wrote the article to find Mr. B. The police who investigated this case reported that Mr. A was guilty of defamation and other charges, and sent the case, but the prosecution decided not to indict because it judged that there was no charge due to insufficient evidence. Regarding the reason for non-indictment, the prosecution said, “Mr. A posted on social media and the media that ‘Mr. B committed a premeditated crime.’ Although the fact that Mr. B posted and reported the photo to an unspecified number of people may be problematic, he said, “This was just a means to find his wife with the help of an unspecified number of people, and overall, it is difficult to say that he slandered Mr. B as an unscrupulous woman from Vietnam, and there is no evidence to admit it.” Attorney Kwon Min-kyung of Daeryun Law Firm, who represented suspect A in this case, said. “For defamation to be established, the person involved in the act must be aware that the facts stated are false,” he said. “Mr. A was aware that he had actually suffered fraud from Mr. B at the time of writing the post, and it is interpreted that the prosecution judged this situation comprehensively.” Reporter Dong-wook Son (twson@lawleader.co.kr)[View full article] A man in his 40s who posted about his wife's fraud on social media in an attempt to find his runaway wife... 'Not indicted' (Click here)

Intellectual property rights (IP) refer to rights to knowledge, information, technology, ideas and other intangible intellectual creations. With advanced technological development, intellectual property has become a key factor that determines the competitiveness of countries and companies. In order to protect such intellectual property rights, the Basic Act on Intellectual Property was enacted in 2010. The main point of the bill is the creation, protection, and utilization of intellectual property and the creation of a foundation for it. Ultimately, the purpose is to enhance the value of intellectual property and strengthen the competitiveness of companies. With the advent of the digital information era, the scope of property rights such as software and content has expanded significantly, and companies are also taking active steps to protect copyrights. According to statistics from the Korea Copyright Commission, the number of copyright registrations by domestic corporations has been steadily increasing over the past five years: 21,937 in 2019, 28,809 in 2020, 28,863 in 2021, 32,204 in 2022, and 30,234 in 2023. Things to keep an eye on here The point is that the protection period varies depending on the type of right. The duration of the patent right is divided into 20 years for invention and design rights and 10 years for utility model rights. Therefore, in industries where it takes a long time to build a business, it is important to time the patent well. This is because filing an application too early or too late can have a significant impact on business. You can safely protect your business idea by disclosing the patent while securing the rights, and the rights can be guaranteed until the planned period. In addition, international applications also require sufficient consideration because the laws applicable to each country are different. Since patent duration, annual fees, etc. vary from country to country, a mid- to long-term plan must be made and approached strategically. The reason why companies proactively respond to copyright infringement through trademark registration and patent applications is because there is a high risk of leakage of confidential information. This is because technologies and designs that a company has worked hard to develop can cause enormous losses if they are leaked to the outside world. In particular, if a company loses its competitiveness due to leakage of core technology, it may eventually lose its edge in the market and face the risk of bankruptcy. Therefore, each company must recognize the importance of acquiring and utilizing intellectual property rights, strengthen compliance for internal information management, and establish a system to minimize damage. In addition, if a leak or infringement of intellectual property has already occurred, it is necessary to focus on proving the act of technology theft. Sejeong Hwang, an intellectual property lawyer at Daeryun Law Firm Limited, said, “The leaked technology, the source of the leak, and the extent of damage to the company caused by the leak must be clearly organized, and based on this, legal measures such as civil, criminal, and administrative lawsuits must be taken to resolve the problem more quickly.” “Corporate competitiveness depends on intellectual property protection. Don’t think that it is too late.” “It is advisable to take steps from now on and establish various plans to protect intellectual property rights,” he said. Reporter Jin Ga-young (news@lawissue.co.kr)[View full article] Corporate competitiveness depends on intellectual property protection (link)