Press Coverage

Accusations of special assault, violation of the Firearms and Explosives Act, etc. “Long-term dispute, young children were also threatened,” the defendant took into account all circumstances, and the leniency appeal court “maintained the original decision”… Prosecutor's appeal dismissed. A man in his 40s who injured a neighbor by wielding an electric shock gun during an argument over noise between floors of an apartment building was sentenced to probation in the second trial. Suwon District Court's 6-3 Criminal Division (Chief Judges Kim Eun-jeong, Shin Woo-jeong, and Yoo Jae-gwang) dismissed the prosecutor's appeal in the appeal trial against Mr. A, who was indicted in December last year on charges of special assault and violation of the Act on Safety Management of Guns, Swords, Explosives, etc., and upheld the lower court ruling that sentenced him to 8 months in prison and 2 years of probation. In February of the same year, Mr. A was attacked by a neighbor with an electric shock gun in an apartment in Yeongtong-gu, Suwon-si, Gyeonggi-do, in February of the same year. Mr. B, who was in his 50s, was brought to trial on charges of stabbing the neck and face. Mr. A, who lived in the house below Mr. B at the time of the incident, is known to have stated in a police investigation, “I was protesting due to the noise between floors, but I committed the crime because I was harassed by Mr. B’s family by making retaliatory noises.” Mr. A’s lawyer also said in court, “Mr. A was a parent raising a young child, and he was very worried about the safety of his children due to Mr. B’s violent behavior,” and “The electric shock gun was used for self-defense.” He defended the case, saying, “I had it in stock, and I had never used it even during the ongoing conflict with Mr. B.” He continued, “On the day of the incident, Mr. A was with his children, and when he encountered Mr. B as usual, all the anxiety he had felt came out all at once.” He said, “Mr. A has acknowledged his mistakes and is deeply reflecting on them, and has never shown violent tendencies,” and hoped for leniency. The first trial court found Mr. A guilty of assault. However, the suspended sentence was given in consideration of the fact that Mr. A had a conflict with the victim over noise between floors and that crime victim protection measures were in place for Mr. A's children even before the incident occurred. Accordingly, the prosecutor appealed, saying the sentence was light, but the appellate court dismissed the appeal. Attorney Park Se-hoon of Daeryun Law Firm (Limited), Mr. A's legal representative, said, "As the incident occurred during a dispute over noise between floors, there were many legal aspects to consider," and added, "I understand that the first and second trial courts accepted the part in which Mr. A had great fear, which was formed due to conflict and damage accumulated over a long period of time, and the part in which he committed the crime for the safety of his children." Digital News Reporter[View full article] Kukje Newspaper - Man in his 40s who attacked with an ‘electric stun gun’ during a dispute over noise between apartment floors, sentenced to probation on appeal (link) Sports Seoul - A man in his 40s who took out an ‘electric stun gun’ and attacked someone during a fight over noise between apartment floors, was sentenced to probation by the appeals court (link)

At the end of last month, the Constitutional Court issued a notable decision surrounding the medical law. The circumstances are as follows. Medical Corporation A, which operated a psychiatric hospital, submitted an inquiry to the Ministry of Health and Welfare in 2021. It was about ‘whether it is possible to establish an oriental medicine department within a psychiatric hospital.’ The Ministry of Health and Welfare responded that it was impossible. The basis was Article 43, Paragraph 1 of the Medical Service Act. The clause included the following: ‘Hospitals, dental hospitals, or general hospitals may establish and operate additional oriental medicine departments by hiring oriental doctors.’ However, the Ministry of Health and Welfare’s position was that psychiatric hospitals not listed here could not establish oriental medicine departments. Establishing oriental medicine departments in mental hospitals was not impossible from the beginning. The Medical Service Act, revised in January 2009, allows all hospital-level medical institutions to establish and operate medical, oriental medicine, and dental departments. At the time, mental hospitals were included in nursing hospitals, so collaboration between doctors, oriental medicine doctors, and dentists was possible. However, the situation changed with the revision of the Medical Service Act in 2020. Psychiatric hospitals are defined as separate medical institutions from nursing hospitals. At the same time, Article 43, Paragraph 3 of the same Act included provisions allowing mental hospitals to establish and operate additional dental departments, but no separate regulations were prepared for Oriental medicine departments. In this situation, Medical Corporation A protested. They raised their voices saying that allowing oriental medicine departments to be established and operated only in hospitals, dental hospitals, and general hospitals is an infringement on professional freedom. At the same time, a constitutional appeal was requested. The Constitutional Court ruled that the current medical law was unreasonable and unanimously ruled that it was unconstitutional. Unlike other hospitals, there is no special reason not to allow the cooperation of oriental medicine doctors only in mental hospitals. Rather, the Constitutional Court emphasized that the need for oriental medicine departments in mental hospitals is even greater. In the case of mental health institutions, there are many hospitalized patients who require long-term treatment, and the purpose is to increase accessibility to medical care by allowing patients who are not free to go outside due to involuntary hospitalization to receive treatment in other subjects, such as oriental medicine. The Constitutional Court also issued a response to the effect of refuting the opinion raised by some that 'oriental medicine treatment is not necessary in mental hospitals.' It was emphasized that citizens who are medical consumers have a desire to receive integrated medical services of oriental and western medicine, and there are clinical cases showing that the treatment results are also effective. This position can be said to be an example showing that the Constitutional Court's view on the combination of oriental and western medicine has advanced. Small Business Team[View full article] Oriental medicine departments can now be established within psychiatric hospitals... What is the background to the Constitutional Court’s decision? (Shortcut)

Chung-Ang University Law School and Daeryun Law Firm (Lihan) are embarking on mutual cooperation between industry and academia. Chung-Ang University Law School announced on the 4th that it signed a business agreement with Daeryun Law Firm. Attending the agreement ceremony on this day were Law School Dean Jeong-Hoon Lee, Vice Dean for Academic Affairs Soon-Ok Lee, Representative Attorney Kook-Il Kim of Daeryun, and Senior Attorney Young-Jin Ahn. Attorney Ahn is a graduate of the 10th class of Hanyang University Law School and is active in Daeryun. Through this business agreement, Chung-Ang University Law School and Daeryun will establish an industry-academia cooperation system in areas such as practical training, joint research, and information exchange. Chung-Ang University Law School said, “We plan to foster excellent legal personnel through a business agreement with Daeryun and further strengthen our expertise through cooperation such as jointly hosting academic seminars.” Reporter Yeo Se-rin (selinyo@leet.or.kr)[View full article] Chung-Ang University Law School and Daeryun Law Firm signed an industry-academia cooperation MOU (link)

The plaintiff, who postponed the transfer of ownership and failed to comply with the special contract and failed to settle the payment after the cancellation of the sales contract, said, "In addition to the sale price, there is liability for damages such as delay interest." The court ruled that the seller is responsible for not only returning the money but also compensating for damages for not complying with the obligation to register the transfer of ownership after entering into the land sales contract. The Chuncheon District Court Civil Division 5 is the plaintiff in a lawsuit for return of the sale price filed by Mr. A, the land buyer, against Mr. B, the seller. It was announced on the 10th that a favorable decision was made. Mr. A requested 50 million won in sales price and interest on delay, and the court accepted all of them. Previously, Mr. A was recommended to purchase land by his acquaintance B in August 2019. Mr. B, who owned some land in Gangwon-do, offered to sell 500 pyeong of the land to Mr. A for 50 million won. Afterwards, they included special provisions in the contract. The contract was concluded, and Mr. A paid the balance and completed the contract. However, after the contract was finalized, Mr. B delayed registering the transfer of ownership for several years. In addition, the special condition of changing the object of sale to another nearby land if it was impossible to fulfill the land for sale was not kept. Accordingly, Mr. A notified the cancellation of the contract in April of last year and requested a return of the money. However, even after that, Mr. B did not comply with the request, and in the end, Mr. A filed a lawsuit for the return of the sale price. Mr. A claimed, "We have suffered for a long time due to Mr. B's failure to fulfill the terms of the original contract," and "We tried to resolve the contract issue by sending various proofs of contents, but even this failed because Mr. B did not comply." The court ruled that Mr. B should pay the sale price and delay damages. The court said, "The defendant has a duty to fulfill the contract with the plaintiff," and "We believe that the defendant had a justifiable reason for failing to do so." "It is difficult," he ruled. Attorney Shin Dong-hoon of Daeryun Law Firm, who is Mr. A's legal representative, pointed out, "Prior to the lawsuit on the main matter, we issued a notice of contract performance and cancellation through proof of contents, but Mr. B took no action." He added, "The payment deadline arrived, but he did not pay the debt, which ultimately led to this lawsuit." He added, "After proving the damage to Mr. A due to Mr. “I was even able to receive compensation for legal costs,” he explained. Reporter Ko Young-min (youngman@ikbc.co.kr)[View full article] “It’s a shame to transfer ownership after receiving money”… Buyer wins case for return of land sale price (Click here)

Daeryun Law Firm (Lihan), an expert in the fields of violent crimes, labor, and intellectual property rights, said on the 7th that it has hired representative attorney Ahn Kwon-seop, a former deputy chief prosecutor, “We will protect our clients’ legal rights based on our know-how from our time as prosecutors.” After passing the bar exam in 1993, Attorney Ahn was appointed as a prosecutor at the Gwangju District Prosecutors’ Office in 1996. Afterwards, he worked at the Cheongju District Prosecutors' Office, the Chungju District Prosecutors' Office, and the Seoul Western District Prosecutors' Office, where he took on major violent crime cases, including drug and sex crimes. In 2008, he served as chief prosecutor at the Suwon District Prosecutors' Office and expanded his areas of responsibility to include anti-corruption, labor, and intellectual property rights. He also played an active role in numerous prosecutors' offices, including the Jeju District Prosecutors' Office and the Seoul High Prosecutors' Office, and received a commendation from the Prosecutor General. Since 2018, he has served as the head of the Yongin branch of the Legal Research and Training Institute and as a legal advisor to the Seoul Metropolitan Government. Attorney Ahn took off his legal uniform in 2020 and began practicing as a lawyer in earnest. Based on his extensive experience as a prosecutor, he has shown outstanding performance in both civil and criminal cases, such as obtaining an acquittal on behalf of a client who was unfairly accused of being a sex offender or winning a civil lawsuit on behalf of the Seoul Metropolitan Government. In particular, he has distinguished himself in the field of corporate law by representing a company facing legal risks such as violations of the Construction Technology Promotion Act and tax laws and obtaining an acquittal. In addition, starting from 2021, based on many years of experience in litigation and legal consulting, He is active as an advisory attorney at the Seoul Metropolitan Government, Seongbuk-gu, and Songpa-gu Offices. Attorney Ahn said, "I am happy to join Daeryun, a large law firm that is showing growth based on excellent results in various fields. Based on the know-how I have accumulated while working as a prosecutor, I will help clients protect their legal rights in general cases as well as corporate-related cases." Daeryun Kim Kook-il, CEO of Daeryun, said, "Attorney Ahn has accumulated extensive experience in handling a number of corporate criminal cases, including violent crime cases, during his time as a prosecutor." He added, "With the hiring of Attorney Ahn, we have expanded our work capabilities. “We will be able to provide more professional and systematic solutions to customers who visit Daeryun by strengthening it,” he said. Meanwhile, Daeryun operates a corporate legal group and has formed a team with experts such as accountants, tax accountants, and labor attorneys to provide various legal assistance in areas such as personnel and labor, rehabilitation, bankruptcy, and M&A. Reporter Park Jun-sik (parkjs@wowtv.co.kr)[View full article] Korea Economic Daily - Daeryun Law Firm (Limited) recruits lawyer Ahn Kwon-seop, a former ‘Deputy Chief Prosecutor’ (Go here) Law News - Daeryun recruits lawyer Ahn Kwon-seop, former deputy chief prosecutor (link) Segye Ilbo - Daeryun Law Firm (Limited) recruits Representative Attorney Ahn Kwon-seop, a former ‘Deputy Chief Prosecutor’ (Go here) Sejeong Ilbo - Recruitment of Attorney Ahn Kwon-seop, former Deputy Chief Prosecutor of Daeryun Law Firm (Go here)

Mr. A, who was accused of assault, was ordered to have his fine reduced... Official trial request court: “The assault was minor and there is no risk of reoffending” Sentencing postponed An office worker in his 40s who threw an object at a disgruntled fellow employee received a deferred sentence. On December 12 of last year, the Seoul Western District Court postponed the sentencing of a fine of 300,000 won to a man in his 40s, Mr. A, who was indicted on assault charges. Mr. A was accused of injuring fellow employee B by throwing a bottle of hand cream at him in May of last year. According to a police investigation, Mr. A admitted to the charges. However, he emphasized that he had always been stressed by the thought that Mr. B was stalking him, and that he committed the crime because he could not control his anger when he saw Mr. B coming nearby. The prosecution, which reviewed the case, acknowledged that Mr. A was guilty of assault and requested a summary order of a fine of 300,000 won. After the court sentenced him, Mr. A, who was dissatisfied, requested a formal trial. The court sentenced Mr. A to a suspended sentence. The court explained, “The defendant did not receive forgiveness from the victim,” but added, “He committed the crime accidentally due to a misunderstanding that the victim was hanging around him, and the degree of assault was minor.” He then explained the reason for sentencing, saying, “The defendant is reflecting on his mistakes and is unlikely to commit the crime again even if he is not sentenced.” Attorney Kyung-Hoon Oh of Daeryun Law Firm (Limited), who represented Mr. Depending on the case, a heavier fine than a summary sentence may be imposed,” he said. “In order to lower the sentence, it is most important to inform the court of the reasons that can be taken into account in sentencing.” Attorney Oh continued, “In this case, it was emphasized that Mr. Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] An employee threw an object at a disgruntled coworker... Law ‘deferred sentencing’ (link)

AI Basic Law, a contemporary challenge for the legal profession, precedent analysis and legal consultation... The regulation of AI-based accelerated bar association is hindering... A mountain of commercialization tasks. Last December, the National Assembly passed a bill to enact the 'Basic Act on the Development of Artificial Intelligence (AI) and Creation of a Foundation for Trust, etc.' (hereinafter referred to as the AI ​​Basic Act). The AI ​​Framework Act aims to establish a basic plan to strengthen national technological competitiveness, as well as foster the AI ​​industry and establish various regulatory systems. The purpose is to protect the rights and dignity of the people and secure a leading position in the global AI market through the sound development of AI and the creation of a foundation of trust. As technology continues to develop, AI is being used in many areas of our daily lives, including work and leisure. Accordingly, discussions on securing AI competitiveness and development direction have continued in each field. In the AI ​​era, the legal profession is also showing great interest in AI. Legal AI shows its true value when used properly. First, searching for complex legal information and precedents becomes simpler. This is because AI technology analyzes tens of thousands of precedents and vast amounts of legal data appropriate for each situation and provides a summary of information that may be helpful to users. Simple legal consultation is also available. This means that consumers will be able to access more accurate legal information more easily. The so-called 'legaltech' market, which combines legal services and cutting-edge technology, is already growing rapidly in overseas countries. In the United States, which early adopted AI technology, more than half of law firms have adopted AI and are taking the lead in improving technology. In line with this trend, many law firms in Korea are actively introducing legal AI, but they are unable to overcome the threshold for commercialization due to disciplinary action from the Korean Bar Association (Bar Association) or various regulations. According to Article 1 of the Attorney Act (Mission of Lawyers), lawyers must make it their mission to defend human rights and realize social justice. It can be seen as an anachronistic idea to consider only the personal interests of lawyers while ignoring the background of exclusive rights such as legal work and representation rights. If legal AI is successfully established in the domestic legal market, the work processing ability of lawyers who professionally use it and the processing speed per unit of time will also be able to dramatically improve. In addition, language barriers and foreign law application issues, which have been considered obstacles in the process of entering the overseas legal market for Korean law firms, can be easily resolved. People's access to the law will improve, and at the same time, more demand for law will be created. With the advent of legal AI, the domestic legal market has reached a new paradigm turning point. The advancement of legal AI services is a process that can no longer be avoided and is considered an opportunity that can bring great benefits to both service users and lawyers. Now is the time for everyone to work together to ensure that domestic legal AI service technology and systems are completed to the world's best level. This is not simply a matter of choice based on individual ideology, but can be seen as a new task of the times that goes beyond the existing framework.[View full article] The global legal tech market is on the rise... Korea is ‘standing still’ [Daeryun’s Biz law forum] (Shortcut)

There is a possibility of recognition of similarity to the existing New Jeans trademark. The legal community also has mixed opinions. The legal community also has different opinions on the five members of the group New Jeans (Minzy, Hani, Daniel, Hae-rin, and Hyein) changing their team name to NJZ. On the 7th, the New Jeans members modified their newly opened Instagram account ‘jeanszforfree’ to ‘njz_official’. Afterwards, they announced that they would be working under the name ‘NJZ’ in the future by writing, “Minzy, Hani, Daniel, Hae-rin, and Hye-in’s new group name is NJZ. Please look forward to the surprising journey we will take with NJ-Z in 2025!” They also posted a lineup under the group name ‘NJZ’ at a concert held in Hong Kong in March. However, the issue of trademark rights for their newly changed group name ‘NJZ’ came to mind. This is because the new activity name ‘NJZ’ is derived from the initial consonant of the pronunciation of NewJeans. Attorney Kim Tae-hwan, an intellectual property expert at the law firm Daeryun, told Sports Kyunghyang, “It is difficult to say that New Jeans and NJ-Z are similar in appearance and name. However, from the perspective of general consumers, it is easy to intuit that the capitalized part of ‘NewJeans’ was used, so there is a possibility that the similarity will be recognized.” He continued, “New Jeans members are “If we are active under the new group name ‘NJZ,’ there is a possibility that there may be an issue of trademark infringement in addition to the ongoing ‘exclusive contract validity confirmation lawsuit,’” he said, noting that the team name ‘NJZ’ could affect the ongoing legal dispute and activities. However, another lawyer who requested anonymity cautiously expressed his opposition, saying, “‘NJZ’ may remind you of New Jeans, but there does not seem to be a problem with the trademark rights themselves.” The lawyer said, “The standard for judging similarity is ‘Will consumers be confused?’ It seems unlikely that they will be confused with the business name New Genes just by looking at NJZ. In the end, legal disputes are likely to be inevitable in order for ‘NJZ’ to be recognized as an official group name and register trademark rights. There have always been cases where groups that were once very popular were unable to use their existing group name due to trademark issues with their former agency. BEAST (now Highlight) was unable to use the name ‘Beast’ after leaving Cube Entertainment in 2016, and eventually continued their activities under the new group name ‘Highlight’. After disbanding in 2021, the group GFRIEND also resumed activities by forming a new group called VIVIZ because their agency Source Music owns the group name. On the other hand, there are also cases of ‘Beautiful Breakup’ where activities are continued under a similar name after consultation even if the original agency has trademark rights. ‘Brave Girls’, which changed its team name to ‘BBGIRLS’, is a representative example. However, this does not seem to be easy in the current situation of New Genes, which is in dispute with Adore. Online Reporter Kang Shin-woo (ssinu423@kyunghyang.com)[View full article] New Jeans’ new team name ‘NJZ’... Will there be any trademark rights issues? [Skyung

Plaintiff claimed, “Payment was not paid after construction progressed.” The court dismissed the claim, “It cannot be considered a party to the contract as a defendant.” A shipbuilding subcontractor filed a civil suit claiming that it had not received payment worth tens of millions of won from the representative of the partner company, but lost in the first trial. The 1st civil affairs division of the Tongyeong branch of the Changwon District Court (Chief Judge Hyun-rak Cho) upheld the plaintiff's claim in the construction payment claim lawsuit filed by Company A, a welding subcontractor, against the representative of the main contractor partner in December last year. It was dismissed. Company A signed a welding work contract with Mr. B, the representative of the partner company, in August 2021. According to the contract, after the initial contract period, both parties agreed to extend the business relationship in three-month increments, and accordingly, Company A continued to trade with its partner company. However, Company A filed a lawsuit against Mr. B, claiming that it had not received subcontract payment of 44 million won during the period from February 2022 to December 2023. Company A has been entrusting its tax and accounting work to an outsourcing company, but the company received information that Mr. B reduced the subcontract price without consent and did not pay it. In response, Mr. B argued that the contracting party in the contract agreement is the partner company represented by Mr. B, and that the construction price should be discussed with the partner company, not Mr. B. Mr. B's legal representative said, "The contracting party from February 2022, the period at issue in this case, was not Mr. B, but the partner company to which Mr. B belonged. Although the contracting party was previously Mr. B according to a prior contract, the two sides reached an agreement in this regard and since the payment was made in the name of the partner company, Company A's claim should be considered groundless." The court also said that there was no agreement in the part where the contracting party changed from Mr. B's individual to the partner company. I decided it was done. Chief Judge Cho ruled, “Given the fact that Company A has received subcontract payments into an account in the name of a partner company and that the partner company is listed as a transaction party on the tax invoice, it can be interpreted that there was mutual agreement in the process of changing the contracting parties.” Attorney Ik-cheon Cho of Daeryun Law Firm (Limited), who represented Mr. B, said, “The key to this lawsuit was to accurately determine who was involved in the contract.” “If the claims are different, we were able to defend the plaintiff’s claim based on prior precedent that the parties must be determined based on the nature of the contract, the circumstances surrounding the conclusion of the contract, and specific circumstances before and after the conclusion of the contract,” he explained.[View full article] “I received less money” The representative of a partner company who was sued by a subcontractor for construction costs... What are the results? (Shortcut)

MBC has begun a formal investigation into a complaint from the bereaved family of MBC weather caster Oyoanna Oyoanna, who died in September of last year, who claimed to have recorded a ‘transcript of bullying’ while she was alive. The police also began an investigation (internal investigation) before filing a case. MBC announced in a press release on the 3rd, "A fact-finding committee has been officially launched to determine the truth behind the deceased's death. The committee will begin its activities in earnest starting with its first meeting on Wednesday, February 5th, and we plan to complete the investigation as quickly and accurately as possible." The fact-finding committee chaired by attorney Chae Yang-hee (Hyemyung Law Firm) includes attorney Jeong In-jin (Barun Law Firm) as an external member. Three internal personnel, including the head of MBC's compliance and personnel grievance department, also serve as committee members. An official letter from the Ministry of Employment and Labor ordering an internal investigation into complaints of 'workplace harassment' also arrived at MBC yesterday. After the media report, a number of complaints demanding a thorough investigation into the incident were filed in the Kookmin Newspaper, and the Seoul Western Branch of the Ministry of Employment and Labor, which has jurisdiction over MBC, is said to have converted a citizen's complaint into a complaint and accepted the case. The Seoul Western Branch plans to receive and review MBC's own investigation results and conduct a direct investigation if additional investigation is deemed necessary. Meanwhile, on the same day, the police also began an internal investigation. Mapo Police Station in Seoul announced on the 3rd that it received a complaint from Kookmin Shinmungo on the 31st of last month requesting an investigation into suspicions of workplace harassment against Mr. Oh, and began an investigation before filing a case. On the 29th of last month, the accuser filed a complaint against MBC, the department manager, and two fellow weathercasters for violating the Labor Standards Act and causing manslaughter due to occupational negligence. The accuser said, “MBC has a legal obligation to immediately and thoroughly investigate reports of workplace harassment and implement victim protection measures in accordance with Article 76-3 of the Labor Standards Act.” In addition, it was announced that an investigation was requested into MBC President Ahn Hyeong-jun on charges of violating the Severe Accident Punishment Act. He said, “MBC did not take appropriate action even though the deceased complained of workplace bullying to four people involved,” and added, “This requires a thorough legal review of whether the management manager fulfilled his obligation to ensure the mental and physical safety of workers in accordance with Article 4 of the Serious Accident Punishment Act.” The workplace bullying incident against Mr. Oh became known when a suicide note written by Mr. Oh was made public through a media outlet on the 27th of last month. Afterwards, suspicions spread further as Mr. Oh's bereaved family announced in an interview with a media outlet that they would disclose a recording of a phone call in which the deceased met with company officials and complained about harassment in the workplace. Afterwards, suspicions were further aroused when the bereaved family revealed, “There is a voice recording of Oyoanna complaining to four MBC officials about the damage she suffered.” In investigating 'workplace bullying' cases, the key is to listen to the stories of the parties involved, that is, the person who reported the damage and the person identified as the harasser. However, in this case, since the person designated as the victim has died, securing witnesses' statements or other evidence appears to be key. The Labor Standards Act defines 'workplace bullying' as an act by an employer or worker that takes advantage of his/her position or relationship at work to cause physical or mental pain to other workers or worsen the working environment beyond the scope of work. If MBC concludes that workplace harassment does not occur because the parties involved in this case are freelancers, the Labor Office is expected to directly investigate this issue. In relation to this case, lawyer Choi Hyeon-deok of Daeryun Law Firm told Segye Ilbo on the 6th, “The key in this case is whether Ms. Oyoanna can be considered a regular worker.” Attorney Choi said, “Freelance is usually viewed as a subcontract,” and added, “I think even freelancers can be judged on employment by considering their work type.” For example, it is necessary to comprehensively determine whether MBC's internal employment rules apply, and adopt a work pattern similar to that of a full-time employee, such as going to work at a set time and working according to work instructions. He mentioned, “If Yohanna O is recognized as a worker, those involved can be punished.” He added, "Although there is no standard for punishment under the Labor Standards Act, if the perpetrator is identified, they can be sued." He said, "For example, if you can prove that there was an insult or assault, etc., it is a criminal offense." He added, "Separately, we need to determine whether it is an illegal act under civil law." Meanwhile, the police's internal investigation into this case and the Labor Office's guidance on investigating 'workplace harassment' complaints against MBC all started with complaints from third parties, ordinary citizens. The bereaved family said Regarding MBC's position to listen to the voices of the bereaved families during the fact-finding process, he expressed his negative attitude toward cooperation, saying, "It will only be a sidekick in the investigation that gives impunity," and appealed, "We want to improve the system of how broadcasters consume non-regular workers through truth, apology, and creating social public opinion." Reporter Lee Dong-jun (blondie@segye.com)[View full article] Speed ​​of investigation into ‘suspicion of workplace bullying by the late Oyo Anna’… Expert: “Illegal acts must also be judged under civil law” (Shortcut)