Press Coverage

After the contractor's construction insurance expires, the developer's loss coverage insurance contract legal expert says, "Constructor's responsibility is greater"... Construction company says, “Insurance has nothing to do with compensation for survivors.” Attention is focused on the legal responsibility of the construction company and the developer regarding the fire accident at the new construction site of the Busan Banyan Tree, in which 6 people died and 27 were injured. According to the Busan Police Agency on the 24th, Samjeong Enterprise, the construction company of the Busan Banyan Tree, exceeded the construction company's responsibility completion deadline in November last year and received approval for use of the building on December 19 of the same year. After receiving approval for use equivalent to completion. Until the accident, two months later, about 780 workers from 35 subcontractors belonging to the constructor and developer were carrying out large-scale work simultaneously at the site. Interior materials piled up here and there acted as kindling at the time of the fire and spread the flames in an instant, making firefighting and rescue operations difficult. The police have been conducting a large-scale investigation, including search and seizure of the constructor, developer, and subcontractors immediately after the accident, but the cause of the fire is still unknown. The responsible party was not clearly identified. The scale of human casualties, including the death of six people in this fire, is high, and construction is delayed, so it is expected that a huge cost burden will be incurred in handling the accident. According to the industry, the site received approval for use from the Gijang County Office in December of last year, and the construction insurance purchased in 2022 expired. As the construction insurance was automatically canceled, the developer, Rupentis, is known to have signed up related insurance to compensate for damage due to facility loss or fire accidents. However, the construction was completed. As opinions differ over who will manage the building, it is unclear whether insurance will be paid. The legal community predicts that the contractor who managed and supervised the construction site will be held more responsible for this fire accident. Park Dong-il, CEO of Daeryun Law Firm, said, "In this case, the legal judgment is expected to vary depending on whether the contractor and developer fulfill their safety management obligations." “There is a high possibility that the construction company that managed and supervised it will be pointed out as the main responsible party,” he predicted. Attorney Lim Byeong-jin of Taesol Law Firm, who is the legal representative of one bereaved family, also said, “Based on the scale of the accident and related statements, it seems difficult for the construction company to avoid responsibility.” He added, “Keeping in mind the possibility that the main contractor (Samjeong Enterprises) may evade responsibility by cutting its tail using subcontracting relationships, etc., we plan to respond by applying the Serious Accident Punishment Act so that the responsible party can take legal responsibility.” Depending on who it is, a legal battle may continue in the future over whether insurance money will be paid. If the insurance company pays the insurance premium first to resolve the accident, the insurance companies can later claim the right to compensation from the person who caused the fire. However, Samjeong Enterprises' position is that the insurance does not affect compensation for the bereaved families. An official from Samjeong Enterprises said, "The operator of the completed building is the developer." “We signed a contract with a company and were inspecting it,” he explained. He added, “Insurance and industrial accident compensation and other bereaved family compensation will be paid regardless of whether or not they are insured, and Samjeong plans to fulfill its responsibility to the bereaved families as the subject of construction.” Separately, the bereaved families are guaranteed about 25 to 43 million won in insurance costs through the Citizen Safety Insurance, which citizens and residents are automatically enrolled in. In addition, according to the Disaster Relief Act, funeral expenses can be supported up to a maximum of 15 million won. Meanwhile, the police expect that a report on the forensic results will be released within this week, and plan to brief the results of the interim investigation, including the cause of the fire, next week. Reporter Jo Ah-seo (aseo@news1.kr)[View full article] News 1 - Is the construction company or the developer responsible for the Busan Banyan Tree fire during ‘post-completion construction’? (Shortcut) Newsis - Responsibility for the Busan Byanyan Tree fire: construction company or implementation company (link)

The victim underwent surgery for an orbital fracture. The victim's side said, "It is a disability that is close to blindness, which hinders the future... The perpetrator shows no remorse." A college student in his 20s, who caused his friend to lose his eyesight by hitting him in the face during an argument and causing him to lose his eyesight, was sentenced to prison. The 11th Criminal Division of the Suwon District Court sentenced Mr. A, who was put on trial on charges of serious bodily injury in December of last year, to one year in prison. Mr. A is a roommate in a university dormitory located in Gyeonggi-do in March 2023. He is accused of hitting Mr. B in the face and causing serious injury during an argument. As a result of this accident, Mr. B was diagnosed with an orbital fracture and underwent emergency surgery. Afterwards, the visual acuity of the operated left eye fell below 0.02, resulting in permanent vision impairment close to blindness. Immediately after the incident, it was revealed that Mr. A was only focused on evading the situation by ordering Mr. B to “walk around as usual and (if anyone) asks, just give a quick answer.” At the trial, Mr. B appealed for severe punishment for Mr. A. Mr. B's side emphasized, "The victim, who was a promising college soccer player, suffered permanent disability and had to give up his dream due to this incident, but the perpetrator is not showing any serious attitude of remorse." The court found that the degree of damage suffered by Mr. B due to Mr. A's assault was serious and sentenced him to prison. The court stated the reason for sentencing, saying, “The defendant inflicted serious injuries on the victim that caused permanent loss of vision, so the crime is not good,” and “The victim is at risk of not being able to continue living as an athlete, which she has worked hard to do for a long time. In addition, the victim is appealing for a severe punishment commensurate with the defendant’s guilt.” Attorney Jeong Seok-hyun of Daeryun Law Firm, who is the legal representative of person B, said, “Mr. “It is reasonable to say that there was intent, even if only vaguely, and that there was a possibility of foreseeing the serious injury of blindness,” he said. “Considering that Mr. B is currently in a serious condition, about to be diagnosed with blindness in his left eye, Mr. A should be punished appropriately.” He added, “In this case, compensation for damages is also in progress,” and “Based on this ruling, we will do our best to help Mr. B achieve a favorable result.” Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] College student who caused blindness by hitting friend sentenced to 1 year in prison (link)

A man in his 70s, who was handed over to the prosecution on charges of trespassing and searching the temple's main office, was cleared of charges. According to Daeryun Law Firm on the 24th, the Suncheon Branch of the Gwangju District Prosecutors' Office decided not to indict a man in his 70s, Mr. He is accused of trespassing with his family into the temple office where Mr. He explained, “The religious office was a place where believers could visit freely at the time,” and “From the CCTV footage, it appears that the complainant did not specifically restrain the suspect from entering.” The charge of searching the residence was also considered insufficient evidence. The prosecution said, “Looking at the CCTV footage, the suspect stayed in the religious office for only 20 seconds, so it is difficult to say that every corner of the house was searched.” He added, “No video was filmed inside the room, and the complainant did not directly witness what the suspect did.” Oh Sang-wan, a lawyer at the Daeryun Law Firm who represented Mr. A, explained, "The principle is that whether or not it constitutes a trespass in a residential trespass case is judged based only on the objective and external actions at the time of entry." He continued, "It appears that the non-indictment decision was made taking into account the fact that the door to the incident location was not locked and that Mr. B did not block the entry." Reporter Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] A man in his 70s was acquitted on charges of trespassing into a temple office (link)

When representing a lawsuit, there are cases where the plaintiff and the defendant reach an extreme confrontation, but then reach a dramatic agreement during the trial, ending the trial through mediation or reconciliation. Mediation is a process of resolving the dispute by a neutral third party intervening between the parties to the dispute and reaching an agreement, while reconciliation refers to an agreement between the plaintiff and the defendant to end the lawsuit by gradually giving in to each other's claims. Recently, even in criminal cases, criminal disputes are resolved amicably at the prosecutor's stage and victims are harmed. Criminal mediation is actively being carried out to achieve substantial recovery. If the feelings toward the other party have worsened too much, there are some who want to conclude with the court's ruling, but as the litigation process progresses, the emotional wounds may grow beyond control due to written attacks on each other, or the desired result may not be obtained as expected. Therefore, the above dispute resolution plan can be very effective if mutual concessions are made in a win-win way. Let me tell you about a divorce mediation case that I remember. In a case where it was thought that mediation would be established without much difficulty as issues such as property division were not major issues, the respondent (husband) began attacking the applicant (wife) for her mistakes, leading to mutual slander, and mediation was not established, turning it into a divorce suit. As the lawsuit continued for nearly two years and both sides' emotions reached their peak, the plaintiff and defendant reached a dramatic agreement, and the lawsuit was ended through a mediation report. I later checked with the client to see how the agreement was reached. It is said that the daughter's earnest request was for her mother and father to stop fighting. Although the plaintiff and the defendant will become separated through divorce, I remember saying that as the daughter's parents, they made a very wise decision considering their relationship that will remain forever. Among various school violence cases, we often see cases where very close friends become estranged by hurtful words toward each other and verbal violence and other incidents are reported. In these cases, I, as a parent raising children, am also very saddened. In particular, there is no opportunity for serious conversation or voluntary reconciliation between the two students. In cases where there has not been one, we first create an opportunity for dialogue and try to find a point of agreement, because no one wants measures to be taken while leaving only scars on both students' minds. Accordingly, the author has observed that the issue was resolved on its own without holding a school violence committee through an agreement reached between the parties a day before the school violence committee was held. As I watch my children, who are elementary school students, have different opinions and fights break out every morning, I feel that it is impossible to expect conflicts and disputes to completely disappear from human life. This is especially true because the history of mankind is called the history of war, as there have been numerous wars since mankind opened the horizon of history. On the other hand, we also know the history of many countries in which individuals and communities have been restored through forgiveness and reconciliation in the ruins of war, and have achieved remarkable development. Numerous conflicts and disputes can occur frequently, broadly between political groups and social classes, and narrowly between family members and acquaintances who meet each other in everyday life, and there are many ways to resolve them. However, in order to minimize unnecessary emotional expenditure and focus on one's precious life rather than conflict and move toward a better future, it is better to solve problems through mediation and reconciliation. It may be a more reliable shortcut.[View full article] [Monday Column] An era in which adjustment and reconciliation are necessary (Shortcut)

Bank owner's union responds by selecting a large law firm GS and HDC claim about 54 billion won in loans, damages, etc., and will pay tens of millions of won in contributions if union members lose. Bank Jugong Apartment in Seongnam-si, Gyeonggi-do, which completed selecting a construction company last month, has entered into a lawsuit this time. Last year, the existing construction company, GS E&C and HDC Hyundai Development Company consortium, began responding to a lawsuit filed for damages due to termination of the contract. Union members are paying close attention to the size of the additional contribution that will be determined based on the outcome of future lawsuits. According to the maintenance industry on the 24th, the Bank Main Construction Reconstruction Union held a representative meeting to select a law firm to respond to lawsuits from existing construction companies on the 21st and selected Daeryun Law Firm. It is known that Daeryun is forming a team dedicated to bank construction, mainly composed of lawyers from large law firms and large construction companies. This litigation battle arose in April last year when the bank construction contractor union terminated the construction contract with the GS Engineering & Construction and HDC Hyundai Development Company consortium. The union and the construction group were unable to reach an agreement on increasing construction costs and extending the construction period, leading to termination. Accordingly, the construction team requested the return of the bid deposit (loan money) and compensation for damages for construction profits. The construction group appointed Yulchon Law Firm. A member of the bank owner's union said, "Proposals were received from six law firms, and Daeryun had the largest number of lawyers, and there were also attorneys with backgrounds in construction and reconstruction." He added, "This lawsuit is important as tens of millions of won in additional contributions per household are involved." Delay damages were claimed. The union sees late interest and compensation for damages as issues rather than the return of the loan. In particular, it is pointed out that at the construction company selection general meeting in December 2018, the construction group promised to build a 35-story building, but did not keep it, and was selected as the construction company by deceiving the union. The loan can be repaid with POSCO E&C's bid deposit (KRW 35 billion). Daeryun emphasized that the important reason for selecting the construction company for the union was the other party's unreasonable promise, and proposed a response strategy to dismiss all claims by the other party by acknowledging that the contract was terminated due to the other party's fault. If the union loses this lawsuit, it is expected that additional contributions of 10 to 20 million won per household will be made depending on the amount of damages. In addition to bank construction, an increasing number of reconstruction and redevelopment sites have replaced construction companies due to the recent surge in construction costs. The Seoul High Court is scheduled to issue a ruling in April on the lawsuit claiming damages filed by DL E&C against the redevelopment association in Sindang District 8, Jung-gu, Seoul. In June of last year, both DL E&C and the union objected to the results of the first trial, and the trial was transferred to the High Court. In the first trial, a ruling was issued requiring the union to compensate DL E&C about 8 billion won. Some of the land owned by the association was also put up for auction. The 3rd block reconstruction association in Banpo Jugong Complex 1, Seocho-gu is continuing a lawsuit against HDC Hyundai Development Company, the previous construction company, for damages. Here too, due to a conflict between specialized design and construction costs, the main contract was not concluded and Samsung C&T was selected as the new construction company. The second trial is currently in progress, and the union lost in the first trial. Last month, the Bangbae District 5 Reconstruction Association, where Hyundai Engineering & Construction is the construction company, paid 52.5 billion won in compensation to the previous construction company, the GS Engineering & Construction Consortium (GS Engineering & Construction, POSCO E&C, and Lotte Engineering & Construction). It has been 7 years since the construction contract was canceled in 2017. An industry official said, "If the union reflects the burden and compensation due to litigation costs in the sale price, the sale price will inevitably rise, and the damage will fall on union members and general sellers." Reporter Hwang Jun-ik (plusik@tf.co.kr)[View full article] Contractor cancellation boomerang… Bank Jugong enters litigation with GS and HDC (Click here)

Following the U.S. and EU, the standards for determining probable origin are different for Korean exports... Strategic response is needed considering additional tariff risks and substantial modification criteria U.S. President Donald Trump (pictured) announced on the 11th that he would impose a 25% tariff on all steel and aluminum products imported from foreign countries. Just over a week after signing an executive order imposing an additional tariff of 10% on Chinese products and 25% on products from Mexico and Canada based on the International Emergency Economic Powers Act (IEEPA), and abolishing the duty exemption for small items (under $800), another additional measure was decided. The 'Trump tariff war' appears to be intensifying as the target does not discriminate between hostile countries and allies and friendly countries. President Trump has been pursuing a tariff retaliation strategy since his first term in office. During the first term of office, additional tariffs were imposed based on Articles 201 (emergency import restrictions) and 301 (response to unfair trade practices) of the Trade Act, and Article 232 (tariffs related to national security) of the Trade Expansion Act. The second administration is using more diverse laws in the tariff war, such as imposing additional tariffs based on IEEPA. The United States' measures to impose additional tariffs are determined by the country of origin of the goods. Accordingly, we would like to take a look at the standards for determining the country of origin in the United States. Standards for determining the origin of goods subject to additional tariffs The standards for determining the origin of goods subject to additional tariffs are determined in accordance with the ‘substantial modification standard’ principle of the Code of Federal Regulations (CFR). The standard for substantial transformation is the principle that when manufacturing processes in two or more countries are connected, the country where the last substantial transformation occurred is the country of origin. The main considerations are as follows: ① Whether the name, characteristics, and use of the intermediate product have changed ② Whether the intermediate product already contains the essential characteristics of the final product ③ Whether the use of the intermediate product is pre-determined to be used in the final product ④ Whether the intermediate product has lost its identity in the subsequent processing process ⑤ Whether the assembly/processing process corresponds to simple assembly/processing Even if a certificate of origin is legally issued for exported goods in accordance with the Korea-US FTA, they may be determined to be made in China according to the US's substantive modification standards and may be subject to additional tariffs. Not only must it be recognized that the origin determination criteria (tariff change, value-added standards, etc.) under the Korea-US FTA Agreement are different from the origin determination criteria for additional tariff imposition measures, but it is also necessary to determine the origin by confirming the main considerations of the substantive modification criteria in preparation for the origin verification by the U.S. Customs Service. Case of determination of origin by the U.S. Customs Service (CBP) ① Determination of origin of forklift (N302755) Let’s look at the case of determination of origin of forklift, where the engine, an intermediate product, originates from the United States, and the remaining parts originate from China. Although manufactured in China, the U.S. importer explained that the engine is the core component that gives the forklift its essential characteristics and that the processing in China is merely an auxiliary means of assembling the components. However, CBP determined that the final country of origin is China, saying that the engine does not possess the essential characteristics of a forklift, and since a forklift cannot operate without various components produced in China, the engine must also be considered at the same level as these. ② Determination of the country of origin of the digital thermometer (N302764) The dual probe sensor, which is an intermediate product, is made in Israel, and the digital thermometer with all remaining electrical components made in China was confirmed to be made in Israel during the country of origin determination procedure. This is because determining the country of origin of products produced in multiple countries requires a comprehensive review of whether new product names, characteristics, and uses have been created. It was recognized that the Israeli-made sensor embodies the core technology to perform the essential functions of a thermometer and that it contains the essential characteristics of a thermometer. President Trump is predicting that he will impose additional tariffs on the European Union (EU) due to the trade deficit. Korea, one of the major exporting countries, recorded a surplus of $127.8 billion in exports to the United States last year and a trade balance of $55.69 billion, so Trump's attention is expected to turn to Korea soon. Domestic import and export companies will need to pay attention to and manage not only 'preferential origin' regulations such as FTA, but also 'non-preferential origin' regulations, which are the basis for additional tariff imposition measures by the United States. <Written by Hankyung Law&Biz> Kim Dae-ryun, customs expert at Dae-ryun Law Firm[View full article] Tariff war between Trump and rules of origin that should not be missed [Daeryun's Biz law forum] (Shortcut)

Plaintiff claims return of 240 million won in contribution and settlement amount Court says, "Under commercial law, anonymous partnership...there is no obligation to return the investment amount when all the investment amount is reduced due to business usage expenses." A ruling was made that there is no need to return the contribution and settlement amount in the case of liquidation of the partnership contract due to using up all the investment amount due to operating deficit while doing business as a partnership and failing to perform profit settlement, etc. Judge Ryu Ji-mi, independent of civil affairs 8, Ansan Branch, Suwon District Court, ruled that the franchise It was confirmed that the plaintiff's claim was dismissed in December of last year in a lawsuit filed by Mr. A, a party to the partnership contract, against Mr. B, a partner. Mr. A and others agreed to a franchise partnership agreement with Mr. B around March 2022 and jointly acquired a shopping mall located in Seongnam-si, Gyeonggi-do. In the partnership agreement, Mr. A and others decided not to participate in management and only provide various funds such as shopping mall purchase costs, interior construction costs, and franchise fees. Mr. B agreed to take responsibility for the overall management of the business. Regarding the distribution of profits, Mr. B agreed to distribute the sales profits in a certain ratio and then pay them to Mr. A and others. However, unlike in the early days of the business, as interest rates rose, Mr. B was unable to pay the profits he had previously provided. When losses occurred, Mr. A and others filed a lawsuit for return of investment, claiming that Mr. B, a business associate, should return approximately 240 million won, including the entire investment they had supported, unpaid profits, interest, etc. In this trial, defendant B said, “As the interest rate on loans has increased, profits from commercial operation alone are insufficient.” He argued, “As the deficit continued, I tried to compensate for the loss by taking out business loans and investing personal expenses.” Judge Ryu Ji-mi of the Ansan branch of the Suwon District Court, who heard the case, ruled, “Acknowledging the special situation of operating deficit, Mr. B has no obligation to return the investment, etc.” “He made the deposit and used it for expenses, but it appears that he was unable to avoid an operating deficit,” the ruling said. “Therefore, it cannot be said that the defendant has an investment amount to return to the plaintiffs.” Attorney Jaehyung Lee of Daeryun Law Firm (Limited), who represented the defendant B in this lawsuit, said, “Even if the commercial partnership has been dissolved, only the reduced balance of the investment is required to be returned pursuant to Article 85 of the Commercial Act,” and “Mr. “We were in a difficult situation, and although we tried various measures, it was difficult to avoid a deficit, so it should be said that there is no contribution or settlement amount for Mr. B to return since the amount exceeding the investment amount was already spent,” he explained. Reporter Son Dong-wook (twson@lawleader.co.kr)[View full article] Court, partnership liquidation dispute... “There is no obligation to return the investment if the investment is overused due to operating deficit” (Shortcut)

“3When the Serious Accident Punishment Act was introduced a year ago, construction companies tried to stop it, saying there were problems, but it was no use.. This is what happened because we ignored the side effects and implemented it recklessly.. It's an expected result..” (AConstruction company official)2022The Serious Accident Punishment Act, introduced in 2018, takes effect this year. 3celebrated the year. As the name suggests, the purpose is to prevent major disasters, but the diagnosis is that it is not actually effective.. It was revealed that casualties at construction sites nationwide have actually increased.. The focus should be on disaster prevention, but there are concerns that the enactment of laws focusing on strong punishment has reduced their effectiveness.. Was the Serious Accident Act effective? 20According to data received from the Ministry of Land, Infrastructure and Transport by Park Yong-gap, a member of the Democratic Party of Korea, the number of deaths at large construction companies increased., Ranked top in last year’s construction capability evaluation 20Workers who died at the construction site of the above construction company 35By name, 2023year(28number of people)rather than 25% increased. This is the first year of enforcement of the Severe Accident Punishment Act. 2022year(33number of people)There is no difference compared to. This is a comprehensive government construction information network.(CSI)This data is a compilation of the number of deaths registered in. In accordance with the law, construction companies must immediately CSImust be reported to.Even if we include the injured, the results are no different.. last year's top 20All deaths and injuries that occurred at the construction site were 1868This is the first year of enforcement of the Severe Accident Punishment Act. 2022year(1666number of people)compared to 12.1% increased. This means that industrial accidents have hardly decreased even after the implementation of the Serious Accident Punishment Act..The atmosphere is similar not only to the construction industry but also to other industries.. Ministry of Employment and Labor Major Accident NotificationeAccording to last year 13Quarterly cumulative manufacturing site deaths 134in the same period last year(123number of people) contrast 8.9% increased. fortune, storage, The telecommunications industry also had a high number of deaths during the same period. 12In people 19By name 58% increased.The Serious Accident Punishment Act applies to corporate workplaces. 1More than one person killed or injured 10If more than one person occurs, contact the business owner or management manager. 1imprisonment for more than one year or 10It is a law that imposes a fine of up to 100 million won.. It was mainly implemented in large businesses last year. 1Full-time worker from March 5more than phosphorus 50Expanded implementation to workplaces with less than 20 people.Let’s look at the background of the introduction of the Serious Accident Punishment Act..This does not mean that there have been no safety-related domestic regulations so far.. Even before the introduction of the Serious Accident Act, laws for worker safety clearly existed.. Before enactment of the Serious Accident Act, When an accident occurred at a workplace, the applicable laws were mainly the Occupational Safety and Health Act and the Criminal Act.. The Occupational Safety and Health Act is a bill that punishes top personnel at sites who violate safety and health measures.. Criminal law stipulates death due to violation of duty of care at work., injury, When a disease occurs, the occupational manslaughter clause applies.. Applicable persons are those who directly caused the accident.. Both the Occupational Safety and Health Act and the Criminal Act focus only on field issues..However, the Serious Accident Act has a different nature.. We focus on checking how much business owners and managers care about safety rather than on site.. The Serious Accident Act focuses on whether individual business owners and business managers have complied with their obligations to ensure safety and health.. If the business owner does not properly implement the measures prescribed by law, he or she will be subject to punishment.. This means that industrial accidents are viewed as a problem for the entire company rather than a simple on-site problem..The Serious Accident Act was introduced because, as the number of industrial accidents has increased rapidly in recent years, it is difficult to solve the fundamental problem by punishing only those responsible for the field.. The argument that the Occupational Safety and Health Act, which stipulates safety and health measure obligations only at workplaces, has its limitations has gained strength.. Company-wide investment to ensure safety and health, There were strong calls for more structural solutions, such as establishing a safety and health management system.. Thanks to this social atmosphere, the argument that corporate managers who provided the fundamental cause of the accident should be held responsible has gained strength.. so-called ‘Prevention effect through punishment’The purpose is to obtain.Serious Accident Act Why is fatal accidents not decreasing in industrial sites even though the Serious Accident Punishment Act, which was ambitiously introduced like the youngest person who can't have accidents, has been established?. The legal and business worlds are largely 4Bring up the causes.cause 1 Severe Accident Act only regulates institutional limitations and management…‘human error’ The biggest factor that cannot be captured is the institutional limitations of the Serious Accident Act itself..At the time of introduction, Dramatically reduce industrial accidents ‘one-size-fits-all bill’It seemed like it, but the reality is different.. Strictly speaking, the Serious Accident Act, It is not a system that strengthens safety measures on site.. As mentioned earlier, the bill that deals with field safety is the Occupational Safety and Health Act.. The Serious Accident Act focuses on regulating management to fulfill safety and health obligations rather than on-site conditions.. If management does not establish appropriate safety measures, Punishment for violating the Serious Accident Act. the other side, If safety measures have been established in accordance with the guidelines provided by the Serious Accident Act,, The boss can avoid punishment.Here, the limitations of the Serious Accident Act are revealed.. No matter how perfect corporate managers create systems, they cannot control each and every field.. Typically, industrial accidents occur 80%A minor mistake by the site manager or worker, so-called ‘human error’is the cause. Accidentally breaking safety regulations, Deviations, such as using tricks to get things done quickly, often lead to accidents..2022year 4month HThe death of a Solutek employee is a case where worker deviation led to an accident.. He died after falling while inspecting the outdoor unit of the air conditioner.. Although it was a serious accident,, HSolutek and its CEO were not indicted.. The accident occurred without prior approval from the person in charge., This is because the accident occurred while working alone without using a high-altitude work vehicle and without wearing protective gear..The company faithfully fulfilled its safety and health management obligations as specified in the Serious Accident Act.. It was concluded that despite company-wide efforts, accidents due to minor employee deviations could not be prevented.. Judicial authorities are responsible for an accident that resulted in the death of a worker due to deviation from the procedures set by the manager., It was decided that it would be difficult to admit the charges against the business owner..It is difficult to prevent damage caused by unexpected accidents using the Serious Accident Act alone.. This is because the focus is only on checking the safety management system in the management system rather than taking actual safety measures.. 2022at the time PA typical example is an accident involving the death of an industrial worker.. worker AMr. and foreign workers BMr. belongs to a subcontractor. P1st industrial company4Using a compression molding machine at the factory ‘bearing seal’ In charge of molding work. BFor convenience of work, he used hand tools to seat the metal ring and rubber ring, contrary to their original purpose..Meanwhile 2022year 2The wall hand tool was crushed by the pressure of the compression molding machine and then bounced off. AIt hit Mr.'s head. AHe died from traumatic cerebral hemorrhage.. At the time, the court “A causal relationship must be recognized between the outcomes of major disasters., It was impossible to foresee a case where a hand tool would get stuck and bounce out.”The reasons for the not guilty verdict were revealed.. This was because management could not prevent unexpected accidents..An anonymous legal official said “Dead during a serious disaster(亡人)There are quite a few accidents that occurred due to the fault of. Also, in workplaces where there is a lot of dangerous work, there are quite a few unexpected accidents.. It's a pity, The Serious Accident Act cannot prevent accidents like this.”explained. cause 2 Changed industrial sites: The increase in foreign workers, the aging population, and the halving of the effect of the Serious Accident Act are also behind changes in the industrial sites.. Construction where industrial accidents occur frequently, Manufacturing sites are jobs that young Koreans avoid.. All domestic workers left., Vacancies are being filled by foreign workers..Foreign personnel are difficult to control on site.. Because I'm not good at Korean, I can't communicate well., Safety control rules written in Korean are also difficult to understand.. The environment is such that it is difficult for field managers to properly train as in the past.. Recently, even field managers often hire foreigners..Construction industry officials “Foreign languages ​​are used more frequently than Korean at construction sites.. language barrier, Field managers have difficulty managing due to issues such as cultural differences.. No matter how excellent a safety management system is, the reality is that it is difficult to apply it to the field.”He complained.Industrial accidents among foreign workers are increasing every year.. According to data received by People Power Party lawmaker Kim Wi-sang from the Korea Workers' Compensation and Welfare Service. 2024year 3The total number of industrial accident deaths for which industrial accident approval was completed by the quarter is 617By name, Of these 80It was calculated that people were foreigners.. Accidental industrial accidents refer to industrial accidents that occur due to on-site accidents, not diseases.. The proportion of foreigners among industrial accident deaths is 2022year 9.7%at 2023year 10.4%, 2024year(19month)n 12.9%steadily increased to.2024year 5The number of foreign workers in Korea on a monthly basis is 101Total number of employed people in Korea is 10,000 people.(2857only6000number of people)of 3.5%It's just. Considering this, the probability of foreigners dying in an accident while working is much higher than that of Koreans.. last year 23In the case of the fire disaster at the Aricell factory in Hwaseong, Gyeonggi-do, where 15 people died 18There were foreign workers. Industrial accident applications by foreign workers compared to the previous year 6.5% increased 1only161For the first time with a gun 1exceeded 10,000 cases.The aging of field workers is also considered a factor that makes it difficult to prevent accidents.. Due to the phenomenon of young workers avoiding industrial sites, the construction and manufacturing industry is experiencing a serious aging of workers.. Elderly people with lower physical abilities have difficulty coping with sudden accidents and have a higher risk of death in the event of an accident.. Ministry of Employment and Labor survey results, 2024year 3Among accident deaths subject to disaster investigation on a cumulative quarterly basis 50The proportion of people over the age of 71.1%reached. Cause 3: The burden of establishing a name-free safety and health system is increasing for small and medium-sized businesses. One of the loopholes in the Serious Accident Act is that it is virtually a ‘name-free’ system for small and medium-sized businesses. Most small and medium-sized companies lack the manpower and budget to establish a safety and health management system, and are unable to establish even the minimum safety guidelines set by law. According to a survey of 702 small and medium-sized businesses with less than 50 employees last year by the Korea Chamber of Commerce and Industry, about half of the responding companies (47%) responded that they had not actually established a safety and health management system to prepare for the Serious Accident Act. The biggest reasons why small and medium-sized businesses cannot even respond are ‘lack of manpower’ and ‘cost burden’. The Serious Accident Act mandates the appointment of a safety and health manager and the provision of disaster prevention facilities. It is virtually impossible to establish a safety management system for small and medium-sized companies that lack the manpower and budget to run the business right now. An official in the construction industry said, “Small and medium-sized construction companies are construction companies, not safety companies,” and raised their voice, saying, “It is difficult to recruit the design, public affairs, and civil engineering personnel required for the site, and it is virtually impossible to hire additional safety personnel.” An official from company C, a pump manufacturer, said, “Large companies can invest as much money as necessary to establish a safety and health management system, but small and medium-sized companies can establish a safety and health management system by investing as much as necessary.” “There is no budget for that, and the youngest person at the production site is a worker in his 50s.” The government introduced a ‘joint safety manager system’ for small and medium-sized enterprises with insufficient budget and manpower, but the response on the ground was only lukewarm. The joint safety manager operates by jointly establishing a safety and health management system for each region and industry, and the government supports a portion of the operating costs. However, in the field, there is an atmosphere of ignoring this due to the burden of safety manager ransom. According to data submitted by People Power Party lawmaker Woo Jae-jun from the Ministry of Employment and Labor, as of August last year, the recruitment rate for the joint safety manager support project was only 50.8%. An official from a small business complained of frustration, saying, “We applied for government support to respond to the Serious Accident Act, but the experts only pointed out the actual situation and went away,” and “I don’t know how to improve facilities and appoint personnel, which cost tens of millions of won.” Cause 4 Sentencing with a rubber band that comes and goes There is no standard for sentencing The jumbled sentencing standards that come and go also cause distrust in the field toward the Serious Accident Act. Although three years have passed since the law went into effect, there is no independent sentencing standard. Moreover, rather than being heard by a collegial panel of several judges, the case is heard by a single judge. Because there is a large difference in sentencing among judges, the rulings are mixed even for similar cases. Jo Seong-geun, a lawyer specializing in serious accidents at Daeryun Law Firm, explained, “The Serious Accident Act has no specific sentencing standards, and it is difficult to find related lower court precedents.” He added, “It is difficult for even lawyers to predict sentences, so they have no choice but to ask themselves, ‘I must somehow avoid being caught under the Serious Accident Act.’” The vague sentencing standards are the biggest concern for companies. It's part. An official from a small and medium-sized manufacturing company said, “Because the Serious Accident Act itself is complex and unclear, it is difficult for small and medium-sized businesses to understand the level of preparation they should take and under what circumstances they will be punished, even if they read the guidelines and receive related consulting.” An official from a food manufacturing company who requested anonymity said, “We don’t know when or how an accident will occur, so it is excessive to punish them with ‘imprisonment for more than a year’ just because they are in charge of the business. In the case of small and medium-sized businesses, if the CEO is arrested, the business will close and workers will become unemployed.” The opinions of officials of the Korea Federation of SMEs and Startups are in a similar vein. (Continued from the original article) Reporter Kim Gyeong-min, Maekyung Economy (kmkim@mk.co.kr) Reporter Jin-wook Ban, Maekyung Economy (halfnuk@mk.co.kr) Reporter Dong-hyeon Cho, Maekyung Economy (cho.donghyun@mk.co.kr)[View full article] Casualties actually increased... Is the Serious Accident Punishment Act useless? [Special Report] (Shortcut)

A high school student who led a group cyberbullying to retaliate against a friend who broke a promise will be punished by the School Violence Response Committee (School Violence Committee). In December 2024, the School Violence Committee will investigate the victim and the victim A, who is accused of bullying a friend who was attending another school. It was confirmed that the decision was made to prohibit contact, intimidation, and retaliation against the student who reported/accused (No. 2), 6 hours of school volunteer work (No. 3), and 6 hours of special education (No. 5), and ordered the guardian to complete 4 hours of special education. In September 2024, Ms. School violence includes not only physical and verbal violence against students inside and outside of school, but also cyberbullying such as bullying and emotional harassment through SNS. At the time, it was found that Ms. B suffered group verbal violence from a number of students whom she had never met in person. It was revealed that Ms. A and other perpetrators humiliated and sexually shamed Ms. B by making disparaging remarks about her family and sexual profanity. In particular, Ms. B apologized several times for breaking her promise, but Ms. A and her group did not stop their collective harassment. In the end, the incident became known belatedly when Ms. B, who could not endure the bullying, told her parents about it. Ms. B's legal representative, who accompanied the school violence committee, said, "The violence suffered by Ms. B was at a level that could not be dismissed as a simple fight between friends," and emphasized, "The indiscriminate verbal violence that many people used against Ms. B is a crime that should never be tolerated." The Daejeon Metropolitan City Western Office of Education's School Violence Committee accepted these claims and issued a statement against Ms. A, who led the school violence. Disciplinary action was decided. Attorney Kim Jin-joo of Daeryun Law Firm, who represented B, a victim of school violence, said, “Most students these days have electronic devices such as cell phones, so cyber school violence is occurring frequently.” He also explained, “The level of crimes such as online bullying, blackmail, coercion, and sexual violence are also increasing.” Attorney Kim Jin-ju continued, “Due to the nature of online cyber school bullying, anonymous communication is frequent, so it is necessary to keep the details of the damage. “It is most important to secure screenshots, etc.,” he said, adding, “If you receive a grade 4 or higher as a result of academic violence committee disciplinary action, a record will remain in your life record, and it will remain for a certain period of time even after graduation, which may affect college entrance exams.” Reporter Son Dong-wook (twson@lawleader.co.kr)[View full article] High school student who committed ‘cyber school violence’ by breaking a promise... Disciplinary action taken by the School Violence Committee (Go to here)

Daeryun Law Firm, which provides legal services for various interests within the entertainment industry, announced on the 20th that it signed an MOU with MIPPIA Co., Ltd., an AI (artificial intelligence)-based music plagiarism inspection service company. At the signing ceremony held at MIPPIA headquarters on the 19th, key officials including Daeryun CEO Kim Kuk-il, Director Lee Ye-seom, Mipia CEO Oh Chan-ho, Director Shim Jin-young, and Lee CMO CMO Lee Chae-hyun attended. Mipia Co., Ltd. It is a company that operates a music copyright protection platform based on Based on technology developed by a composer with 20 years of experience, it analyzes musical elements such as melody, rhythm, and harmony in detail to determine whether the sound source has been plagiarized and provides results. Mipia, which launched its service in 104 countries around the world in July of last year, is attracting attention in the industry, attracting 10,000 users within a month of launch. Through this agreement, Daeryun plans to provide various legal assistance that may arise within the intellectual property and entertainment industry. Specifically, it includes △advice on the publicity rights of AI-generated music △presentation of solutions in case of copyright infringement disputes △preparation of measures for disputes within the entertainment industry. Chan-ho Oh, CEO of Mipia, said, “Through Mipia, users can receive not only plagiarism check services but also detailed reports that can be used for legal review.” He added, “As the number of service users increased, a more accurate response to related legal issues was needed, and we received advice from Daeryun. “I feel confident,” he said. “Daeryun is pursuing continuous growth by expanding offices not only domestically but also overseas,” he said. “We plan to provide intellectual property rights advice to Mipia and provide one-stop professional and practical legal advice with experts in each field such as patent attorneys, labor attorneys, and tax accountants.” Meanwhile, Daeryun operates intellectual property rights and entertainment/sports groups together, and relies on experts in industries such as music, movies, and webtoons. We provide specialized comprehensive legal services. Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic Daily TV - Daeryun and Mifia 'joint hands'... “Leading the way in protecting music intellectual property rights” (link) International News - Daeryun signs MOU with Mipia... Strengthening protection of sound source intellectual property rights (link) Roishu - Daeryun Law Firm, MOU with Mipia... Leading the way in protecting music intellectual property rights (click here) Legal Times - [Law Firm iN] Daeryun, MOU with Mipia for ‘Music Plagiarism Testing’ (Click here)