Press Coverage

A man in his 50s who was accused of defrauding an acquaintance of hundreds of millions of won worth of investment money was found not guilty by the Supreme Court. According to the legal community on the 7th, the 3rd Division of the Supreme Court confirmed the original judgment that acquitted Mr. A, who is in his 50s, and was recently indicted on fraud charges. Mr. A was on trial on charges of receiving and embezzling 260 million won in the name of investment money from Mr. B, an acquaintance, over a period of four years from 2016. In relation to this, Mr. A pleaded not guilty, saying, "We were unable to return the principal due to investment failure and had no intention of defrauding the victim." The first trial court found that Mr. A had intent to defraud and sentenced him to one year in prison. "He made an investment with a high risk of principal loss without informing him of the detailed circumstances, and deceived the victim by thinking he would guarantee the principal even though he did not have sufficient ability to repay the principal in case of investment failure." However, the second trial ruled. The court declared him not guilty, saying, "It was not proven beyond reasonable doubt that Mr. A had the intention to deceive the victim." First, the second trial court explained that it cannot admit that Mr. A proceeded to engage in deceptive acts as defined in the criminal law for fraud based solely on the fact that he promised to guarantee the principal. In order to be punished for fraud, Mr. A must deceive the victim by methods such as informing false information about a specific investment destination or investment method, but the court ruled that there were no such circumstances. He pointed out, “As the victim earned high profits of 7-8% from the investment product he had subscribed to at the recommendation of the defendant in the past, he naturally came to trust the defendant, and accordingly, there was an aspect of voluntarily paying the investment money.” He also added that he took into account the fact that Mr. A only used the money he received from the victim for actual investment purposes and paid 80 million won worth of agreed interest on the investment money for about four years before the stock investment failed. The prosecution immediately responded to the second trial ruling. The appeal was filed, but the Supreme Court dismissed it and confirmed the lower court's verdict of not guilty. Attorney Song Eui-seok of Daeryun Law Firm, who represented Mr. A, explained, "In property crimes, there is a need to clearly distinguish between default on debt and fraud under civil law," and explained, "The promise to return the principal made between the two in this case has no meaning beyond the burden of civil debt." Reporter Jeong Eui-jin (jej88@ikbc.co.kr)[View full article] “I will invest on your behalf”.. 50-year-old accused of fraud of hundreds of millions of won, found not guilty by Supreme Court (Go to the link)

Exceeding the speed limit - running away without any follow-up action... 1st trial, sentenced to 2 years and 6 months in prison Appellate trial: “The victim of jaywalking was also at fault” The delivery driver who hit and killed a pedestrian who was jaywalking on an eight-lane road had his sentence commuted to probation in the appeal trial. On November 28 last year, the 4-3 Criminal Division of the Uijeongbu District Court held an appellate hearing on Mr. The original trial was overturned and sentenced to 2 years and 6 months in prison and 2 years of probation. Mr. A was put on trial on charges of hitting and killing a teenager, Mr. B, who was crossing the road while driving a truck on a road in Paju in June 2023. At the time, Mr. A was found to be driving at a speed of 77 km/h in a section where the speed limit was 60 km/h. At the time, it was confirmed that Mr. B was jaywalking while drunk and fell asleep near the central guardrail of the road, unable to wake up. The first trial court sentenced Mr. A to 2 years and 6 months in prison. The court explained the reason for the prison sentence, saying, “The accident occurred because the driver did not properly look left and right in front while driving over the speed limit, and no measures were taken at the scene, including providing relief to the victim.” Mr. A, who was dissatisfied with this, filed an appeal. Mr. A claimed, “It was difficult to think that a person would fall down on an 8-lane road with a median divider.” At the same time, he mentioned that the incident occurred late at night and emphasized that he was not aware that the accident had occurred. The appeals court sentenced Mr. A to probation. The court said, “The victim who jaywalked on an eight-lane road was also at fault,” and added, “We also took into account the amicable agreement reached with the bereaved family and the fact that the victim was reflecting.” Jeong Jae-bong, a lawyer at Daeryun Law Firm (Limited) who represented Mr. “It appears that these factors were recognized as reasons for a reduced sentence,” he said. Reporter Kim Jong-cheol (jckim99@sportsseoul.com)[View full article] Pedestrian jaywalking on 8th round-trip lane dies... Driver's sentence reduced to probation on appeal (Go here)

After signing the business contract, let’s remit the design fee and change the main contract details… In response to the request for return, "the design fee is a separate contract" Seoul Central District Court said, "The remittance was made in anticipation of signing an implementation contract as originally agreed upon... Unjust enrichment must be returned" A ruling was made that the design fee paid after the verbal agreement for the project for new housing construction must be returned if the implementation contract was not concluded. Seoul Central District Court Civil Affairs 1006 Judge Geon-ho Choi recently pronounced a ruling in favor of the plaintiff in a lawsuit for other (financial) claims filed by Mr. A, a rental business operator, against his acquaintance Mr. B. The two men In July 2021, we decided to build a new building together and signed a joint business agreement. In this process, Mr. B guaranteed a profit of 450 million won and presented 35 million won as a design fee. Mr. A, who accepted this, first transferred 30 million won. However, the final contract that Mr. A received two months later contained different contents. As fees that did not exist before were added and some of the construction costs were changed, the profits were calculated to be about 200 million won, which is less than the amount originally proposed. Accordingly, Mr. A told Mr. B that he would not proceed with the new construction project. He then requested a return of the 30 million won he had previously remitted. However, Mr. B refused to return the business contract and the final implementation contract on the grounds that they were independent matters. Mr. B emphasized that he had no obligation to return the money, saying that he had only received a design fee according to a previous contract. Judge Geon-ho Choi of the Seoul Central District Court, who heard this case, ruled in favor of the plaintiff A. Judge Geon-ho Choi said, “The plaintiff thought that a contract guaranteeing a profit of 450 million won would be concluded and made the remittance in advance before the final contract,” and ruled, “The final contract and the business contract cannot be viewed as separate and independent matters.” Judge Choi continued. “Because the final contract has not been concluded, the defendant has no reason to receive payment of 30 million won,” the ruling ruled, “and the plaintiff has an obligation to return it.” Attorney Lee Ki-eun of Daeryun Law Firm (Limited), who represented plaintiff A in this lawsuit, said, “If damage was caused by obtaining another person’s property without legal cause, this constitutes unjust enrichment.” He added, “In this case, as the contract negotiations between the two were changed, it was legally necessary for Mr. A to pay the design fee.” “It can be seen that the cause has disappeared,” he said. Reporter Son Dong-wook (twson@lawleader.co.kr)[View full article] Refund of design fee is refused, saying business agreement and implementation contract are ‘not related’... Court “disapproves of independent agreement” (Shortcut)

Daeryun Law Firm (Kook-il Kim and Byeong-jun Ko, Managing Director) announced on the 3rd that it has significantly strengthened its medical pharmaceutical group in response to the increasing number of medical disputes, while recruiting a large number of experts in the pharmaceutical, biotech, and healthcare industries. Daeryun Medical & Pharmaceutical Group has expanded its existing medical litigation group. It was expanded and reorganized to provide comprehensive legal services in fields that require expertise, such as pharmaceuticals and bio. A representative from Daeryun emphasized on this day, "As we proceed with this large-scale recruitment and expansion of personnel, the group will consist of a total of three centers (medical civil affairs, pharmaceuticals/bio/healthcare, and medical advisory), and will respond to overall matters ranging from medical disputes to regulations of related industries and risk management." The head of the group is a former chief judge of the Suwon District Court. Attorney Park Jeong-gyu (Judicial Research and Training Institute 28th class) is in charge. Attorney Park leads the group at the forefront based on his experience handling a variety of cases, including medical, civil, criminal, administrative, and labor cases. The roles of providing solid support behind Attorney Park were played by Attorney Kim Kyeong-hwan, head of the Medical Civil Litigation Center, and attorney Seohyung Lee, head of the Pharmaceutical, Bio, and Healthcare Center. Attorney Kim, who serves as the head of the Medical Civil Litigation Center, is registered as a medical lawyer with the Korean Bar Association and has successfully led various disputes, including medical law violations and medical accidents. In addition, Attorney Lee, who was recently appointed as the center director of the Pharmaceutical, Bio, and Healthcare Center, is a qualified pharmacist and serves companies, individuals, medical professionals, and others. He has taken the lead in resolving the institution's medical legal issues. Attorney Lee is achieving outstanding results in the fields of clinical trials and digital healthcare. As the legal demand in the medical market grows, there are a large number of lawyers who are medical professionals with medical practice know-how. Lawyers such as Choi Yoon-jeong and Yoon So-young, who hold pharmacist qualifications, Kim Jin-ju, a medical specialist registered with the Korean Bar Association, and Hong Seung-pyo, a former oriental medical doctor, are active in the medical pharmaceutical group based on their experience in performing medical work. In particular, Attorney Yoon is an examiner at the Health Insurance Review and Assessment Service. Based on the experience he gained while serving as a legal expert in the Planning and Coordination Office of the Ministry of Health and Welfare, he successfully led various cases, including health insurance benefits and dispositions by the Ministry of Health and Welfare. In addition, he recently hired attorney Lee Il-hyung, an expert in the pharmaceutical field. Attorney Lee, a former in-house lawyer at Celltrion, is a specialist with a pharmacist's license and qualifications as a patent attorney and an American accountant. He has handled numerous medical-related legal advice, including patents and investment contracts, and civil and criminal cases. In the case of medical disputes that take a long time, expert assistance is essential. In particular, the entire process from research and development, product launch, market distribution, approval and maintenance of drugs and medical devices requires support from experts related to intellectual property rights, fair trade, etc. Accordingly, the medical pharmaceutical group plans to collaborate with specialized groups such as intellectual property rights, fair trade, and administration within the corporation to do its best to provide related advice and respond to lawsuits. Group leader Park Jeong-gyu said, "There are parts of medical practice that are difficult to understand unless you are actually engaged in the medical field. Related disputes He explained, “This is why it takes a long time for an issue to occur, and in addition, legal issues related to the rapidly developing digital healthcare field are occurring due to the application of new technologies such as big data and artificial intelligence (AI).” He added, “The medical pharmaceutical group has expanded its scope of work to help in this area, and the group’s capabilities have been further strengthened by securing a system that can deal with complex issues.” He added, “We will continue to provide professional assistance to ensure that customers receive the results they want.” “We plan to continue,” he said. Reporter Jaejoong Yeom (yjj@joseilbo.com)[View full article] Jose Ilbo - Daeryun, medical pharmaceutical group significantly strengthened... Specialized in pharmaceutical, bio, and healthcare advisory (Go here) Legal News - Daeryun Law Firm Significantly Strengthens Medical Pharmaceutical Group (Click here) SNN - Daeryun Law Firm Strengthens Medical Pharmaceutical Group... Expansion of pharmaceutical, bio, and healthcare legal services (click here)

A meaningful step forward for local people with disabilities. General Manager Kwon Min-kyung promises to "expand legal support for the underprivileged" On December 27, Gumi City Disabled Welfare Center (Director Kim Hyu-jin) signed a business agreement (MOU) with Daeryun Law Firm (CEO Kim Kuk-il) in a conference room on the second floor of the welfare center to provide free annual legal advice and comprehensive support. This agreement is expected to be a meaningful step toward improving the welfare of the disabled in the local community. The agreement ceremony was attended by Daeryun Law Firm's staff, including attorney Kwon Min-kyung, head of the Daegu-Gyeongbuk General Headquarters, and attorney Noh Gyeong-guk, head of the Gimcheon-gu U.S. Office. The main contents of the agreement include ▲provision of free legal advice once a year ▲discounted benefits for hiring a lawyer ▲comprehensive support through advice from lawyers, accountants, tax accountants, etc. upon request from welfare centers. Daegu Gyeongbuk General Manager Kwon Min-kyung of Daeryun Law Firm said, “I was deeply impressed by the multifaceted efforts of the Gumi City Welfare Center for the Disabled to promote the welfare of the disabled in the community, and Daeryun Law Firm also “We will work with welfare centers to come up with ways to expand legal support for the underprivileged,” said Director Kim Hyu-jin, “I am very pleased that our welfare centers will be able to receive more professional and systematic legal support through this agreement with Daeryun Law Firm.” Daeryun Law Firm established its 41st branch in the Gimcheon-Gumi region on September 30, 2024, establishing itself as a large law firm providing leading legal services in the Gyeongbuk region. It is attracting attention as a model for cooperation between institutions for community welfare and legal support. Meanwhile, through this agreement, the Gumi City Welfare Center for the Disabled is expected to be able to further strengthen its welfare services for the disabled by receiving more systematic and professional legal advice.[View full article] Joongbu Newspaper - Gumi City Disabled Welfare Center signs MOU with Daeryun Law Firm (Go here) Gyeongbuk Domin Ilbo - Gumi Welfare Center for the Disabled and Daeryun Law Firm signed an MOU (link) News No. 1 - Gumi City Disabled Welfare Center signs MOU with Daeryun Law Firm (Click here)

Summary order of fine of 2 million won → Suspension of sentencing Taking into account the fact that most of the data could not be viewed due to failure to download, a man in his 30s who downloaded an illegal video that was being distributed illegally received a suspended sentence. In November last year, Criminal Division 3 of the Gwangju District Court (Judge Han Sang-won) sentenced Mr. It was postponed. A suspended sentence is a ruling that postpones the sentence for a certain period of time for a crime that is judged to be minor, and allows the person to avoid the sentence when two years have passed from the date of the postponement. After expiration of the period, no criminal record will remain. In March of last year, Mr. A was indicted on charges of viewing, downloading, and possessing illegal footage uploaded to an anonymous Internet bulletin board. At the time, it was confirmed that the data downloaded by Mr. A included actual sexual violence crime videos. The prosecution summarily indicted Mr. A with a fine of 2 million won, but Mr. A objected and requested a formal trial. At the trial, Mr. A's legal representative said that Mr. A had illegally filmed the video. Although the download was attempted, it was not completed, so it was only an attempt, and asked for leniency. The court also accepted Mr. A's argument and decided to postpone the fine. A judge said, "It is acknowledged that the defendant watched films or reproductions that could cause sexual desire or shame in the victims against their will," but added, "The sentence is determined by taking into account the defendant's admission of wrongdoing and deep regret, and the quantity of illegal films watched." The reason for the sentencing was revealed. Attorney Shim Ga-hyeon of Daeryun Law Firm (Limited), who represented Mr. A, said, "The defendant was deeply blaming himself for not being able to overcome his curiosity and committing a crime. The defendant, who was preparing to transfer to a public company, was in a situation where if he was criminally punished for this incident, he would not only have the opportunity to change jobs but also be fired from his job." He added, "The law has been revised so that even simple viewing of illegally filmed videos can be punished. It cannot be said that the defendant's crime was actually committed; “I was able to successfully receive a deferred sentence by arguing that the risk of recidivism was low,” he explained.[View full article] Man in his 30s charged with ‘possession of illegal video’ ‘suspended sentence’ (link)

A man in his 40s who was accused of stealing insurance money after intentionally causing an accident was cleared of charges. According to the legal community on the 2nd, the Busan District Prosecutors' Office recently decided not to indict 44-year-old Mr. A, who was suspected of violating the Special Act on Prevention of Insurance Fraud. Mr. A collided with a car while driving a motorcycle at an intersection in Busan in August last year. Afterwards, Mr. A filed a claim for medical expenses from the insurance company. However, the insurance company claimed Mr. A's insurance. He filed a complaint against Mr. A to the police, claiming insurance fraud because of his extensive past accident history. “At the time of the accident, Mr. A was fully aware that a vehicle was approaching by glancing around, but he did not avoid it and caused a collision,” he said, adding, “This type of accident has often occurred in the past.” However, during the prosecution investigation, Mr. A denied the charges, saying he did not intentionally cause the accident. He has been in the delivery business for a long time, and because of this, he is bound to be more likely to have a traffic accident than other drivers. It was presented as evidence. The prosecution believed that the other party was responsible for the accident and decided that Mr. A's actions were not intentional and decided not to indict him. Mr. A's legal representative, lawyer Kim Kyung-hwan of the Daeryun Law Firm, said, "Mr. A had to undergo a prosecution investigation on suspicion of fraud even though he did not deceive the insurance company and claim insurance money," and added, "In this case, the accident occurred due to the other vehicle's negligence, and above all, they did everything they could, including activating the brake system." He explained, “Considering Mr. A’s occupational characteristics, even if there are many accidents of the same type, we cannot conclude that all of them are insurance fraud.” He added, “In particular, as we have never exaggerated the damage to receive a large settlement or insurance payment, we tried to reveal the unfair part.”[View full article] When I filed a claim for traffic accident treatment, the insurance company said it was ‘fraud’. A delivery driver in his 40s was ‘not guilty’ (link)

A court ruled that if a worker was injured while attending an in-house club event under the management and supervision of the company, it should be considered a work-related accident. On the 28th of last month, Judge Joo-wan Kim of the 11th Administrative Division of the Seoul Administrative Court ruled in favor of the plaintiff in a lawsuit filed by worker A against the Korea Workers' Compensation and Welfare Service to cancel the disapproval of medical treatment. Mr. A suffered a fractured wrist while playing at a sports event hosted by an in-house futsal club last April. I applied for medical care benefits to the Korea Workers' Compensation and Welfare Service. The Corporation decided to disapprove the medical treatment. Considering that club membership and activities were voluntary participation of employees and the company did not force them to attend events, the reason was that this could not be viewed as part of work performance. Mr. A, who was dissatisfied with this, filed a lawsuit. According to Article 30, Paragraph 4 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, accidents that occur in situations where workers' participation in events are necessary for labor management or business operation according to social norms and the employer recognizes this as a normal or customary matter are defined as occupational accidents. During the lawsuit, Mr. A said, "The club in question was an organization formed to strengthen the bond between executives and employees, and the company also encouraged club activities for the purpose of labor management." He also claimed that the company specifically managed and supervised the club. Mr. A's side emphasized, "The club officials wrote and reported activity reports every month, and the company also paid subsidies according to the members' attendance status." The court sided with Mr. A, saying that the Korea Workers' Compensation and Welfare Service's disapproval of medical care should be canceled. Judge Kim explained, “Unless there are special circumstances, it is reasonable to assume that the overall process of the formal activities or events of an in-house club established with the approval of the company was under the control or management of the employer.” In addition, “As the game in this case corresponds to a regular meeting of a club managed and supervised by the company, it should be considered that it was under the control of the employer even if there was no compulsion to attend the game.” In-tae Bang, a lawyer at Daeryun Law Firm (Limited), who represented Mr. A, said. He said, “Even if you suffer an accident while participating in an event outside the company that is not regulated as work, there is a precedent from the Supreme Court that it is an occupational accident if the overall process of the event is under the control of the employer.” He also said, “In this case, promotion of each club was done through the company website, and last year, a vote was even held to select the best club.” He added, “It appears that the court also took this into consideration.”[View full article] Worker injured in company club competition... Court says it should be considered a work-related accident (link)

◇ Kuk-il Kim, representative attorney at Daeryun Law Firm, “Beyond the Galapagos to the Ocean” When a domestic company appoints a domestic law firm to establish a corporation in the United States, the law firm enters into an advisory contract with an affiliated American law firm or brokers an appointment contract between the domestic company and the American law firm. The reality is that the domestic law firm receives only a certain fee and the American law firm takes most of the profits. As a result, domestic law firms are focusing on hiring and promoting high-ranking public officials or executives of large corporations every year, or using office managers to receive consulting and senior fees from corporate or individual clients for domestic legal work. However, it is difficult to expect an increase in sales proportional to the increase in the number of lawyers through domestic operations alone, and the profitability of domestic law firms and the average salary of lawyers are decreasing every year due to the deepening of the sales sharing phenomenon. Accordingly, Daeryun has risen to the ranks of large law firms in 2024, but we are feeling the limitations of the domestic legal market and are in the process of improving our constitution to become a global law firm that provides the best service to foreign clients by hiring foreign lawyers based on AI legal tech and online marketing, just like at home. As 2025 marks the Year of the Blue Snake, I hope that our legal profession will also shed its old shell and transform into a new one, going beyond the Galapagos and advancing into the ocean.[View full article] 2025 Law Firm New Year’s Message ① (Go here)

As the year-end and New Year holidays approach, many people plan gatherings with family, friends, and other acquaintances. Accordingly, as the number of drinking parties naturally increases, the risk of drunk driving also increases. According to the drunk driving accident analysis data released by the Korea Transportation Safety Authority, the number of drunk driving accidents that occurred in December and January were 4,025 and 3,727, respectively. All were higher than the overall monthly average of 3,582 cases. The number of deaths due to the accident also approached 100. The level of punishment for drunk driving varies depending on the number of arrests and blood alcohol level. If you are caught once, if your blood alcohol content is between 0.03% and less than 0.08%, your license will be suspended and you will be imprisoned for up to 1 year or a fine of up to 5 million won. If your blood alcohol content is between 0.08% and less than 0.2%, your license will be revoked and you will be imprisoned for 1 to 2 years or a fine of 5 to 10 million won. If your blood alcohol content is over 0.2%, you will be subject to 2 to 5 years in prison or a fine of 10 to 20 million won. You are subject to the following fines. If you have a history of drunk driving within 10 years, the sentence becomes more severe. If your blood alcohol concentration is less than 0.2%, your license will be revoked and you will be imprisoned for between 1 and 5 years or fined between 5 million won and 20 million won. If it is 0.2% or more, the sentence is strengthened to between 2 and 6 years in prison or a fine of between 10 million won and 30 million won. Also, if you fail to comply with a breathalyzer test to avoid being caught for drunk driving, you must be careful because this itself is subject to punishment. If you refuse to take the test, you will be sentenced to imprisonment for between 1 and 5 years or a fine of between 5 million won and 20 million won, regardless of your blood alcohol content. In particular, if a fatal accident occurs due to drunk driving, you will be punished according to the Act on the Aggravated Punishment, etc. of Specific Crimes (Special Act) depending on the case. If you cause an accident that causes death, you are subject to imprisonment for at least 3 years or life, and if you injure someone, you are subject to imprisonment for not less than 1 year but not more than 15 years, or a fine of not less than 10 million won but not more than 30 million won. In some cases, you may even be held civilly liable for the accident. If you are caught drunk driving or cause an accident during a period of repeated offenses, you may be sentenced to imprisonment and may be detained from the investigation stage. In these cases, you should seek the help of a legal professional with extensive experience in handling drunk driving cases to minimize disadvantages and take measures to ensure that you receive the lightest punishment possible. Even if it is your first offense, heavy punishment may be imposed in the case of drunk driving as it is an act that can take the life of another person. Therefore, even in this case, you must seek the assistance of a legal professional to accurately understand the circumstances of the case and strive to lower the sentence through the optimal solution.[View full article] Beware of increased risk of drunk driving during year-end and New Year drinking parties... Sentences can be severe even for first-time offenders (link)