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Press Coverage

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

Sports Seoul
2025-01-13
“내 남친에게 추근대” 허위사실 유포한 가해자 벌금형
Offender fined for spreading false information: “She was flirting with my boyfriend”
Victim of persistent defamation, including malicious slander, complains of pain, "The defendant's claims are not true." A fine was handed down to the perpetrator, who was put on trial on charges of spreading false information about the other woman and defaming her by suspecting her boyfriend's affair. Judge Seo Jin-won, Criminal Division 6, Changwon District Court, sentenced Mr. A, who was indicted on charges of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection (defamation), to a fine of 500,000 won in November last year. Previously, It was revealed that Mr. A committed this crime because he suspected that his boyfriend, who worked as a gym trainer, was having an affair with Mr. B, one of the members. Mr. B had continuously received threatening messages from Mr. A, whom he had never met before, such as “I will tell all of this to my acquaintances” and “I will chase and harass you for the rest of my life.” In addition, it was confirmed that Mr. A even sent content containing false information to Mr. B’s acquaintances. Mr. A’s crime did not stop there. He also threatened to spread this content to famous online cafes in the area. Accordingly, Mr. B's side claimed that he had not done anything inappropriate and that he was suffering so seriously that his daily life was difficult due to the threats and spread of false information targeting people around him. The court ruled that Mr. A's actions amounted to defamation by false information. Judge Seo ruled, “There is no basis to conclude that the victim secretly met or communicated privately with the defendant’s boyfriend as claimed by the defendant. During the investigation and trial, the victim gave consistent statements, and the defendant was also vaguely aware of the possibility that his claims may not be true.” Attorney Yonghwan Choi of Daeryun Law Firm (Limited), who is B’s legal representative, said, “Like this case, false statements were made for the purpose of slandering people. “Recently, if you cause damage to others by revealing facts, you will be punished under the Information and Communications Network Act, and it has become a problem that not only celebrities but also ordinary people are victims of such crimes,” he said. “In particular, if you spread lies, you will be punished much more severely than defamation by stating the facts, so caution is required because if false information is spread through the Internet, the damage can become difficult to control.” Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] Perpetrator fined for spreading false information: “She was flirting with my boyfriend” (Shortcut)
KBC Gwangju Broadcasting
2025-01-13
"나도 속았다" 보이스피싱 수거책..항소 끝에 '감형'
“I was fooled too” Voice phishing collection plan… Sentence reduced after appeal
A woman in her 50s, who was put on trial on charges of collecting cash from voice phishing victims and delivering it to a criminal organization, had her sentence commuted on appeal. According to the legal community on the 13th, the 5-2nd Criminal Division of Suwon District Court overturned the original trial ruling and sentenced a housewife in her 50s, A, who was recently indicted on charges of fraud, to eight months in prison. Ms. A conspired with members of a voice phishing organization in 2023 and received about 16 victims from about 16 victims. They are accused of intercepting and delivering 400 million won. At the time, the gang members impersonated investigative agencies or encouraged them to use low-interest loan products and asked for money from the victims. It was investigated that Mr. A received cash from the victims and gave it to a voice phishing organization. Mr. A was hired by a company after posting his resume on a job search site to look for a job, and denied the charges, saying that the company was a voice phishing organization. At the same time, he collected sales money from shopping mall customers who wanted to pay in cash. He claimed that he only responded because he thought it was a part-time job, and that he was not aware of the crime at all. The first trial sentenced him to two years in prison, saying, “Hiring was done without specific procedures such as interviews,” and “Considering that the money received was also a large amount, it cannot be considered as payment for general goods.” It also added, “He was vaguely aware that he was participating in a voice phishing crime.” Dissent, both the prosecution and Mr. A appealed. The prosecution said there were multiple victims. For this reason, it was argued that the sentenced sentence was light, and Mr. A emphasized that he committed the act without intention, saying that he was deceived by the company and committed the act. The appellate court ruled that Mr. A's appeal had merit. The court said, "Because the scale of damage from voice phishing is significant, the guilt of the defendant who participated as a method of collecting cash cannot be taken lightly," but added, "Given the defendant's lack of social experience, it appears that he was deceived by high-ranking voice phishing organization members." “Therefore, it is difficult to say that the defendant participated in the crime with active intent by knowing the entire story of the crime,” he said. “It is also confirmed that he reimbursed the victims and that the profits obtained were not large compared to the amount of damage.” Lawyer Seo Bong-ha of Daeryun Law Firm, who represented Mr. A, said, “Mr. A contributed to the crime of voice phishing by receiving cash from the victims and delivering it to the organization.” “It appears that the sentence was commuted because it was acknowledged that there was no active intent,” he explained. Reporter Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] “I was deceived too” Voice phishing collection plan… Sentence reduced after appeal (link)
2 places including Dalyian
2025-01-13
법무법인 대륜, 한국M&A거래소와 MOU…기업 안정적 성장 지원
Daeryun Law Firm, MOU with Korea M&A Exchange… Support for stable corporate growth
Daeryun Law Firm (Limited), which provides legal services throughout the entire M&A process, including review of contract regulations, announced on the 10th that it had signed an MOU with the Korea M&A Exchange (KMX). "Legal advice provided by veteran experts in M&A, investment, investment attraction, etc." Daeryun Law Firm (Limited) announced on the 10th that it had signed an MOU with the Korea M&A Exchange (KMX). At the MOU signing ceremony held at the Korea M&A Exchange office on the 9th, Daeryun Managing Director Kim Kuk-il, Vice President Choi Yi-sun, lawyer Bang In-tae, and Korea M&A Exchange Chairman Lee Chang-heon attended the ceremony. President Eom Jun-yong and others attended. KMX is Korea's largest M&A platform organization that manages M&A requests for over 10,000 companies, including Martok (M&A platform). Since its establishment in 2006, it has established itself as Korea's representative M&A brokerage company, possessing M&A information for many overseas companies such as China, Japan, and India beyond Korea. Through the MOU signed on this day, Daeryun plans to provide legal services such as legal advice and regulatory review and help build a stable M&A conclusion environment. Specifically, △review of M&A-related contracts and analysis of legal risks △confirmation of regulatory requirements such as review of violations. △We plan to provide advice in various fields, including preventing and resolving legal disputes during the transaction process. Lee Chang-heon, Chairman of the Korea M&A Exchange, said, "KMX is the unrivaled No. 1 exchange in the Korean M&A market and is utilizing its M&A partner network to expand its business capabilities, such as creating cooperation opportunities and preparing for listing." He added, "We will create synergy by combining Daeryun's systematic and professional legal services with M&A as it leaps forward as a global law firm." Daeryun Kim Kuk-il The CEO of Daeryun said, "Daeryun has a team of veteran experts, including lawyers and accountants, who can provide advice on M&A, investment, investment attraction, and IPO." He added, "We will provide a legal environment in which companies can grow stably by conducting legal reviews and advice on companies subject to M&A and providing them to KMX to help the transaction be concluded." Meanwhile, Daeryun operates a separate team in charge of corporate mergers and acquisitions (M&A) within the corporate legal group, and manages asset management, asset management, and asset management. We cooperate with other teams, including human resources and labor, to provide overall advice needed for companies. Reporter Kim Nam-ha (skagk1234@dailian.co.kr)[View full article] Dailyan - Daeryun Law Firm, MOU with Korea M&A Exchange... Support for stable corporate growth (link) Venture Square - Daeryun Law Firm signs MOU with Korea M&A Exchange (Click here)
legal newspaper
2025-01-10
한남동 ‘탄핵 집회’ 장기화로 소음피해… “주민 주거권도 보장해야”
Noise damage due to prolonged ‘impeachment rally’ in Hannam-dong… “Residents’ right to housing must also be guaranteed.”
7Day, Protesters increase after presidential arrest warrant is reissued24time noise duration… people “I can't even sleep at dawn”“high decibel, Freedom of expression is not guaranteed”“Noise measurement results, If the threshold is exceeded, appropriate action is taken.” As protests related to the impeachment of President Yoon Seok-yeol prolong near the presidential residence in Yongsan-gu, Seoul, noise damage is increasing.. Accordingly, the legal community is pointing out that measures such as sanctions are needed for noise that exceeds legal standards..‘12.3 martial law’ Since then, the area near the official residence in Hannam-dong, Yongsan-gu, Seoul is filled with protesters every day.. 7After the arrest warrant for President Yoon Seok-yeol was reissued, more people began to gather.. Supporters of President Yoon Seok-yeol marched on the northern and southern roads centered around his official residence in Hannam-dong., Civic groups in favor of impeachment are continuing their rallies near the Volvo Building in Hannam-dong.. Protesters play loudspeakers “Arrest Lee Jae-myung” “Execute Yoon Seok-yeol” He continued speaking, etc., There was also swearing and shouting between protesters with different opinions..As the meetings continue, residents' complaints about noise are growing.. Running a restaurant alone near the President's residence AMr. “It's mentally difficult because the loud noise lasts all day.”He complained.Right next to the official residence 1Residing for years 20big CMr. “When I first protested, it was quiet in the early morning., Lately, I can't sleep because the noise is so loud even in the early morning.”as “I filed several complaints with Yongsan-gu Office, but, It becomes quiet for a while, but then repeats again, making it difficult to continue with daily life.”He confessed.Living near Hannam Elementary School 50Mr. Dae Choi “I don't know what the children will learn from seeing this much swearing.”as “It's a shame that there are children living around here even when school is on vacation.”said.At Hannam Elementary School, located close to the official residence. “impeachment invalid” Slogans are echoing loudly.. There is a police fence installed around the main gate., An employee dispatched by the Office of Education was standing guard.. Currently, Hannam Elementary School is on vacation, but students are using care classes, Neulbom School, winter camps, and kindergartens. 70Several people are going to and from school.Police are installing noise meters and measuring noise from gatherings.. ‘Equivalent noise level’go 79.8decibel(db), ‘Highest noise level’go 91.2decibel(db)There were also places that exceeded the regulatory standards, such as recording.Equivalent noise level is the average value of noise during the measurement time.. The highest noise level is 1in time 3more than once 90decibel(db)If it exceeds this limit, it is considered to be in violation of the regulations.. ‘LAW ON ASSEMBLY AND DEMONSTRATION(gypsy law)’ According to the enforcement ordinance, rallies held during the day in residential areas, schools, general hospitals, and public libraries are prohibited. 5Average value of noise measured per minute 60decibel(db) below, Other areas 10Average value of noise measured per minute 70decibel(db) It is stipulated below..In the legal world, the decibel level of noise is regulated.(db)It is pointed out that if the limit is exceeded, the protest may be dispersed..Choi Hyeondeok(bar exam 8episode) Attorney Daeryun Law Firm “House and Demonstration Act14According to Joe, loudspeakers or drums, If you use a gong, etc., Time zone prescribed by enforcement ordinance, When the decibel standard for each target area is exceeded, the head of the competent police station may impose restrictions.”as “If it continues to exceed, a dissolution order may be issued.”explained.mudfish “Failure to comply with this constitutes obstruction of official duties.”as “If you injure a public official or interfere with official duties by using a dangerous object, it may be considered special obstruction of official duties.”pointed out.And then “Police must take action based on noise meter results”as “If the police does not take appropriate action even though the equivalent noise level continues to exceed, it is considered dereliction of duty.”and said.However, it is not easy to sanction rallies where noise from multiple groups is mixed, even if they exceed the permitted standards.. There are no provisions in the current law to separate, calculate, and crack down on duplicate noise..Attorney Choi “If there are multiple rallies and protest groups and noise is generated simultaneously, it is difficult to find the cause of the noise.”as “Nevertheless, the only legal way to reduce the noise problem is to further lower the decibel level stipulated by the Enforcement Decree of the House and Housing Act.”explained.And then “Freedom of expression is not guaranteed by using a loudspeaker to express your opinion at a high decibel.”saying “It is not something that can be guaranteed even if it infringes on other people’s basic rights, such as their right to housing.”said.A lawyer in Seocho-dong “Meetings are usually held in squares or public places.”as “Hannam-dong is close to general residential areas, so the residents' right to housing and freedom of assembly are in direct conflict.”I was concerned.And then “Although we cannot ban gatherings,, (the police) There is a need to guarantee the housing rights of nearby residents by regularly informing them of excessive decibel levels and lowering the decibel level.”and said.Cheon Joo-hyeon(bar exam 48episode) A lawyer specializing in criminal law “According to the Gypse and Demonstration Act, the maximum threat of violence for disorderly conduct is 3year, Violation of the ban on the use of loudspeakers can result in up to 6The sentence is somewhat low (months, etc.)”He said “This is ‘freedom of assembly’Punishment regulations are set low to ensure maximum”explained.mudfish “It was intended to strengthen the basic constitutional right of freedom of assembly and association by ensuring that most acts receive low punishment even if broadly interpreted as disturbing order.”It was said.And then “However, if unrest or violence occurs, the purpose of broadly guaranteeing freedom of assembly may be lost.”While “Guarantee freedom of assembly as much as possible, If it is judged that public safety and order are being harmed, appropriate measures must be taken.”said.Meanwhile, the Presidential Office appears to have strengthened its alert posture to prevent arrests.. The entrance to the official residence was blocked by several minibuses, blocking the view., New barbed wire was also installed.. Security officers frequently patrol near the police line., Citizens who stopped for a moment or took pictures were immediately stopped.. Reporters are only allowed to film outside the designated lines.. Reporter Oh In-ae(olive@koreanbar.or.kr) [View full article] Noise damage due to prolonged ‘impeachment rally’ in Hannam-dong… “Residents’ right to housing must also be guaranteed” (link)
Incheon in
2025-01-10
(사)한부모가족회 한가지, 법무법인 대륜 ‘한부모가족을 위한 다양한 법률 지원 협약식’
One thing from the Single-parent Family Association, Daeryun Law Firm ‘Agreement Ceremony for Various Legal Support for Single-parent Families’
On the 9th, Hananji, a single-parent family association, and Daeryun Law Firm (Yuhan) held an ‘Agreement Ceremony for Various Legal Support for Single-Parent Families’ at Daeryun Incheon Headquarters. Daeryun Law Firm Incheon Headquarters will provide support for various legal issues that single-parent families are experiencing through ‘Reunited Worlds,’ a project to overcome crisis through early intervention, starting with the support project of the Community Chest of Korea in 2025. Jang Hee-jeong, CEO of the Single-Parent Family Association, said at this event that single-parent families have many limitations in terms of time and cost to solve problems on their own, and that expert help is urgently needed for issues such as inheritance issues after bereavement, divorce issues, child support, and paternity confirmation. In addition, during legal consultation, he presented a roadmap that single parents can anticipate in the early stages of their needs other than the law, and emphasized that when emotional connection, support partners, etc. are needed, they can cooperate with each other in areas that can be supported by one branch. Lee Gwang-woo, head of Incheon General Center at Daeryun Law Firm (Limited), said that with this agreement, they will continue to cooperate and support legal advice and counseling for single-parent families, legal aid activities, and linkage of single parents who are in the early stages of becoming a single-parent family. CEO Jang Hee-jeong said, “We thank you for providing true help to single-parent families, and we hope that this will help many single-parent families in their lives.”[View full article] One thing from the Single-Parent Family Association, Daeryun Law Firm ‘Agreement Ceremony for Various Legal Support for Single-Parent Families’ (Go here)
2 places including Asia Economy
2025-01-09
[로펌은 지금]법무법인 대륜, 임상시험 분야 법무 선제적 대응 나서
[Law Firm Now] Daeryun Law Firm takes preemptive legal action in the field of clinical trials
Expansion of clinical trial market size, establishment of new pharmaceutical, bio, and healthcare centers, formation of task force for each issue... As the size of the clinical trial market is also expanding as the research and development costs of domestic pharmaceutical and bio companies are increasing, the new medical technology evaluation assistance is attracting attention by taking a preemptive response to supporting related legal disputes. According to the National Clinical Trial Support Foundation's Korean Clinical Trial White Paper, the research and development costs used last year by pharmaceutical companies that received approval for clinical trial plans from the Ministry of Food and Drug Safety over the past three years are estimated to be about 4.099 trillion won. This is an increase of approximately 47% compared to the previous year's cost of 2.7237 trillion won. Currently, Daeryun is providing customized advisory services to minimize legal risks in the pharmaceutical, bio, and medical device clinical trial fields based on the professional capabilities of the medical pharmaceutical group. In particular, the group recently established a new 'Pharmaceutical, Bio, and Healthcare Center' and began expanding its expertise by forming a task force for each issue and establishing a systematic strategy that reflects the uniqueness of the industry. The Pharmaceutical, Bio, and Healthcare Center is operating a one-stop legal support service for companies that need clinical trial advice, such as medical institutions and pharmaceutical companies. In addition, we are providing more professional support by establishing close business cooperation relationships with the government, affiliated organizations, and related organizations. Specifically, we are providing professional services in the fields of ▲support for research and development of pharmaceuticals and medical devices, ▲legal advice on Institutional Review Board (IRB) review and approval, and ▲protection of intellectual property rights, such as patent and trademark applications for items subject to clinical trials. Furthermore, Daeryun also provides document consultation related to new medical technology evaluation. Provides. This system, which evaluates the safety and clinical effectiveness of new medical technologies, is known to be difficult to pass because it requires dual approval from the Korea Institute of Health and Medical Research and the Ministry of Food and Drug Safety. Daeryun is achieving smooth approvals based on the assistance of professional attorneys with extensive experience. The head of the Pharmaceutical, Bio, and Healthcare Center is Seohyung Lee, an attorney with experience advising on clinical trials for various drugs and medical devices. In addition, attorneys Lee Il-hyung, Yoon So-young, and Choi Yun-jeong, who hold pharmacist qualifications, will join to resolve legal issues faced by pharmaceutical companies and medical device manufacturers and help clients secure product status in the market. In particular, attorney Lee Il-hyung, who has experience in working on numerous patents and research and development contracts, has a deep understanding of the intellectual property field. Kim Kuk-il, managing director of Daeryun Law Firm, said, "As interest in the pharmaceutical and healthcare industries has recently increased, clinical trials are also increasing. Since clinical trials are a core process in the development of drugs and medical devices, the importance of legal advice is very great." CEO Kim continued, "Based on Daeryun's abundant expertise and experience, our clients can run their businesses stably. “We will be a reliable partner that supports operations and helps the growth of the pharmaceutical and bio industry.” Reporter Choi Seok-jin (csj0404@asiae.co.kr)[View full article] Asia Economy - [Law Firm Now] Daeryun Law Firm takes preemptive legal action in the field of clinical trials (Click here) SNN - Daeryun Law Firm strengthens legal risk management for pharmaceutical and bio clinical trials (Click here)
lowrider
2025-01-08
보복 운전하며 고의 충격사고 20대···경찰 ‘불송치 결정’ 이유는?
20-year-old involved in intentional impact accident while driving in retaliation...Why did the police decide not to send him to the police?
If a traffic accident is intentional due to retaliatory driving, special property damage and special injuries are applied. Police say, “No retaliatory driving behavior, first time in a lane reduction zone... poor driving.” A case has emerged where the police decided not to forward a driver in his 20s who was suspected of intentionally causing a traffic accident while retaliating. The Daegu East Police Station recently decided not to forward a man in his 20s, Mr. A, who was booked on charges of special property damage and special injuries, without charges. It was confirmed that he did. In October 2024, while driving on the highway, Mr. A was booked on charges of intentionally causing an accident by driving in retaliation, such as changing lanes when the driver of the car behind honked his horn in anger. During the investigation, Mr. A completely denied the charges, saying, “The accident occurred because I was not used to driving, but it was not intentional.” At the same time, he emphasized that he was so inexperienced at driving that an accident occurred in January 2024 in which he crashed his vehicle into a building. The police who investigated this case determined that Mr. A was not guilty. As the reason for not sending the case, the police said, “The black box video at the time of the accident did not show typical signs of retaliatory driving, such as rapid acceleration or rapid deceleration,” and “The suspect did not say anything in the vehicle expressing bad feelings, such as swearing at the victim.” The police also said, “The suspect did not have a long driving experience, the accident occurred on the first road, and considering the fact that the suspect got out of the vehicle and filed a complaint with the insurance company immediately after the accident, the suspect was not trying to threaten but to overtake.” “It appears that he did it,” he said, adding, “It is difficult to admit that the suspect’s actions clearly had the intention to cause harm to the victim.” Attorney Song Seok-min of Daeryun Law Firm (Limited), who represented suspect A in this case, said, “If you intentionally cause a traffic accident, such as through retaliatory driving, special property damage or special injuries, etc. may be applied depending on the degree of damage.” He added, “In this case, Mr. A’s intentionality is not recognized as inexperienced driving is accepted as the cause of the accident.” “Therefore, it could be concluded at the police level,” he said. Reporter Son Dong-wook (twson@lawleader.co.kr)[View full article] 20-year-old involved in intentional impact accident while driving in retaliation...Why did the police decide not to send him to the police? (Shortcut)
Farmers' Newspaper
2025-01-08
“벼값 높게 쳐주겠다”…약속해놓고 정산은 나몰라라
“I will give you a high price for rice”... I made a promise, but I don’t know about the settlement.
Non-payment of private RPC fees in Pyeongtaek City. Farmers unable to make farming plans. Promise to make payment before Lunar New Year holidays. Recently, in front of Rice Processing Plant A in Yulbuk-ri, Cheongbuk-eup, Pyeongtaek-si, Gyeonggi-do. Even though it was early in the morning, there were five or six people gathered at the entrance. These were rice farmers who came to meet the company representative. There was occasional shouting between the representative and the farmer. I left the rice here last fall, but the payment was not made properly for over two months. “I left the rice here on October 24th of last year. Usually, the payment is made the next day or within 3 days at the latest, but I have been putting it off for so long that I am bleeding every day.” Park Eun-seong (76), who lives in Oseong-myeon, Pyeongtaek-si, came here with his wife out of frustration. He has been farming rice on leased farmland in Pyeongtaek for over 40 years. Last year, he worked hard in a 53,000㎡ (16,000 pyeong) leased rice field, but did not receive any compensation, so he cannot even think of making a farming plan for this year. “I didn’t just visit the rice processing plant here today. I must have made more than 10 calls. I must have made 30 to 40 phone calls. Each time, he promised, ‘I will definitely give you money in a few days,’ so I trusted him and waited for the year to pass.” The amount of dried rice entrusted was 21,600 kg, worth over 41 million won. In the meantime, I received 5 to 10 million won on several occasions while scolding and filing lawsuits, but there is still an unsettled balance of 13 million won remaining. It was discovered that other farmers also received payments ranging from several million won to tens of millions of won. The nightmare for these farmers began with the company saying that they would pay more than other farmers. Another victimized farm, who requested anonymity, complained, “I left it to Rice Processing Plant A without hesitation when they said they would pay 2,000 won more per 40kg than other places, but I had no idea I would be kicked in the foot like this.” He added, “They keep putting off the settlement date, so now I’m in a state of despair.” In the local community, it is widely heard that the company is in serious financial trouble. A truck driver who specializes in rice transportation in Pyeongtaek said, “There have been rumors since 2023 that this rice processing plant has not been able to pay farmers on time. So I told a close friend to be careful.” “There are rumors that it exceeds 400 million won,” he said. Rice processing plant A explained that the management difficulties are temporary and that the farmers’ receivables can be sufficiently resolved. The representative of the company said, “It is true that the flow of funds has been tight due to severe natural disasters last year, which resulted in yields falling to the 65% range and many wholesalers going bankrupt due to blocked loans. However, as a significant portion of our receivables may be resolved early this month, we will prioritize settlement with farmers before the Lunar New Year holiday at the latest.” Despite the company’s explanation, the conflict with farmers is not expected to subside easily. Mr. Park raised his voice, saying, “We cannot just wait for the company in question to break its promises several times,” and added, “We will look for ways to hold them legally responsible, including filing a police complaint, so that there are no more innocent victims like us.” Experts emphasize that in order to respond to such non-payment issues, a thorough written contract must be established. Lim Chae-won, senior attorney at Daeryun Law Firm, explained, “Even if you are a regular business, you need to make an effort to write a contract for every transaction. In particular, the contract should clearly stipulate payment terms and deadlines and penalties that arise if they are violated, so that they can be used as important evidence in legal disputes.” He added, “It is also worth considering establishing a payment guarantee system for the government to establish a transaction culture that matches the delivery of agricultural products and the timing of payment in the mid- to long-term.” Reporter Moonsoo Lee (moons@nongmin.com)[View full article] “I will give you a high price for rice”... Make a promise and don't know about the settlement (Shortcut)
Money S
2025-01-08
비용 산출 잘못됐다며 대금 안 낸 업체…법원 "청구된 금액 정당해"
A company that did not pay due to incorrect cost calculation... Court: “The amount requested is justified”
If there had been no separate protest against the billed price, the court ruled that the entire amount should be paid. On November 5 last year, the Seoul Central District Court ruled in favor of the plaintiff in the product price lawsuit filed by supplier company A against seller company B. The two companies signed a product supply contract in October 2022. Delivery was carried out in two stages, and Company A charged a total of approximately 79 million won. The problem occurred when Company B did not pay the price. This is because Company A unilaterally prepared an estimate and set the price, and did not even present a detailed estimate. He then argued that the amount charged by Company A was unjustified because most of the goods initially supplied were defective. Company A refuted this. Although a separate contract was not written, an agreement was reached between the two companies on the unit price of supply at the time of signing. In addition, he emphasized that all defective products were returned and resupplied as new products, and that payment of a specific amount was requested several times. The court ruled in Company A's favor. The court said, "Company A demanded payment several times, specifying the amount as 79 million won when payment was not made after the second delivery," and added, "Company B continued to delay repayment due to difficult circumstances." It continued, "During this process, company B did not protest due to over-quotation, defective products, etc." and determined that the unpaid product price was 79 million won. Lee Ki-eun, a lawyer at Daeryun Law Firm who represented company A, said “Company A notified Company B, which was delaying payment, that it had issued a tax invoice specifying the price of the goods,” he said. “Company B also recognized this and announced its intention to repay the amount, so it appears that the amount requested by Company A was fully acknowledged.” Reporter Hwang Jeong-won (jwhwang@mt.co.kr)[View full article] A company that did not pay, claiming that the cost calculation was wrong... Court says the amount requested is justified (link)
Money Today
2025-01-07
'혼인 외 출생자' 논란…양육비 등 권리 보장은?
‘Born out of wedlock’ controversy… Are rights such as child support guaranteed?
Recently, guaranteeing the rights of children born out of a non-marital relationship has emerged as an important topic, and social discussions on legal issues arising from childbirth and child-rearing without the premise of marriage are actively developing. In fact, the number of children born out of wedlock is steadily increasing. Looking at the 'Birth Statistics' released by Statistics Korea in August last year, the number of children born out of wedlock increased to △6,900 in 2020, △7,700 in 2021, △9,800 in 2022, and △10,900 in 2023. One in 20 newborns is born out of wedlock. Parents with minor children must fulfill their childcare duties until their children become adults. According to Article 3 of the Act on Securing and Supporting Child Support (Child Support Implementation Act) and Article 64 of the Family Litigation Act, a biological father or mother who does not raise a minor child must pay child support determined by agreement or court ruling to the party directly raising the child. This applies regardless of marital status. The problem is that there are very few cases where an unmarried caregiver receives child support from the other parent. In order for an unmarried caregiver to claim child support, he or she must first file a request for recognition with the court and have their paternity recognized under the law. However, this process is also not smooth because in most cases, contact with the birth mother or father is lost. In addition, even if the child is recognized as the parent through a lawsuit, it will take a long time because child support litigation must be filed separately. Even if child support payment is confirmed after going through all procedures, the reality is that it is difficult to receive actual child support. According to the 'Legislative Impact Analysis Report of the Child Support Noncompliance Act' published by the National Assembly Research Service, as of 2021, the rate of single mothers receiving child support by claiming child support from their children's biological father was 38.3%, which is less than half. This is because measures against default have not had a significant effect. If a person who is obligated to pay child support does not pay child support on time, he or she will be subject to legal punishments ranging from fines to imprisonment. However, since it rarely leads to actual enforcement, there is criticism that such sanctions are useless. Accordingly, the government announced that it will introduce a 'child support advance payment system' that will first provide child support to single-parent families who are not receiving child support from next year and then collect it from non-custodians. The state first pays child support of up to 200,000 won per month and then exercises its right to indemnification to directly recover child support from non-custodians. However, this system only applies to caregivers whose income is 150% or less of the median income. We welcome the government's operation of such a system, but not only are those who can receive preferential treatment under the advance payment system limited, but the amount of 200,000 won per month seems to be an insufficient amount to raise a child. I believe it is necessary to establish a more thorough child support relief system to prevent single-parent families from falling into the blind spot of legal protection. Small and Medium Business Team[View full article] ‘Born out of wedlock’ controversy… Are rights such as child support guaranteed? (Shortcut)
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