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Sports Seoul
2024-12-23
가정폭력 시달리던 모친 위해 80대 아버지 폭행한 아들 ‘공소기각’
Indictment dismissed against son who assaulted father in his 80s for his mother who suffered from domestic violence
A decision was made to dismiss the indictment against the 50-year-old son, who was sent to trial on charges of assaulting his father, who committed domestic violence against his mother, as the defendant stayed at his parents' house to take care of his chronically ill mother, and had a bad relationship with his father. Yeo Kyeong-eun, chief judge of the Jeju District Court's 1st Criminal Division, announced on the 14th that she had dismissed the indictment against Mr. A (59), who was indicted on charges of assault on an ascendant. Mr. A was arrested in Jeju City in May last year. He is accused of committing violence during an argument with his father, Mr. B (82), at a residence located in Ildo-dong. At that time, Mr. A is known to have committed this crime after witnessing Mr. B, who had entered the room to watch TV, being violent towards his mother. In particular, it was confirmed that Mr. B regularly committed domestic violence against his wife. Mr. B, who was assaulted, did not suffer any serious injuries. However, Mr. A suffered injuries that required four weeks of treatment due to the weapon that Mr. B used for defense. At the trial, Mr. A's legal representative argued that Mr. B did not hesitate to assault and verbally abuse his wife, and that Mr. A, who had endured this for decades, could no longer tolerate it and accidentally committed the crime. In addition, this was the first time that Mr. However, it was argued that the father-son relationship had reached an amicable agreement and that Mr. B had expressed his intention that he did not want Mr. A to be punished. When Mr. B submitted an agreement stating that he did not want his son to be punished, the court dismissed the prosecution's indictment. Attorney Ko Seung-seok of Daeryun Law Firm (Limited), who represented Mr. A, said, “In the case of family assault cases, the issues are often complex and sensitive. This case was the same, but the indictment was ultimately dismissed using various methods. “It could have been concluded with a ruling,” he said. “In the case of assault on a relative, the level of punishment is higher than that of general assault, and it is difficult to avoid aggravated punishment due to possession of a weapon, so if related charges are applied, expert help must be sought.”[View full article] Indictment dismissed against son who assaulted father in his 80s for the sake of his mother who suffered from domestic violence (Click here)
legal newspaper
2024-12-20
법무법인 대륜, 부부장검사 출신 박진현 변호사 영입
Daeryun Law Firm recruits attorney Jinhyeon Park, a former deputy chief prosecutor
Daeryun Law Firm (CEO Kim Kuk-il, Ko Byeong-jun), which strengthens legal services from violent and property crimes to finance and medical care, announced on the 19th that it has hired attorney Park Jin-hyeon (51, 31st class of the Judicial Research and Training Institute) as its chief general counsel. Attorney Park began his career as a prosecutor at the Seongnam Branch of the Suwon District Prosecutors' Office and worked at the Geochang Branch of the Changwon District Prosecutors' Office, the Gwangju District Prosecutors' Office, and the Western Branch of the Daegu District Prosecutors' Office. He also worked as a deputy chief prosecutor at the Seoul Eastern District Prosecutors' Office. While serving as a prosecutor, he handled public security, drug, violent crime cases, and property crime cases worth trillions of won. He opened his practice as a lawyer in 2017 and has continued to practice as a lawyer, handling various civil and criminal cases, including stock transfer invalidation lawsuits and violations of the Industrial Technology Leakage Prevention Act. While working as a lawyer at the Ministry of Planning and Budget and the Ministry of Strategy and Finance, he also gained experience in the finance and customs fields by serving as an advisory member for the preliminary feasibility of public institutions and a member of the fund contribution operation evaluation team. Currently, he serves as a non-permanent appraiser at the Korea Medical Dispute Mediation and Arbitration Board and is also in charge of medical disputes and mediation. Attorney Park said, “Based on my experience as a prosecutor and lawyer, I plan to focus on resolving cases,” and added, “I will strive to provide practical help to my clients in various legal fields.”[View full article] Daeryun Law Firm recruits lawyer Park Jin-hyeon, former deputy chief prosecutor (link)
2 places including Money S
2024-12-20
술자리서 만난 여성 강간 혐의… 1·2심 모두 무죄받은 이유는
Accused of rape of woman he met at a bar... The reason why he was acquitted in both the 1st and 2nd trials
A man indicted on charges of raping a woman he met while drinking was acquitted in the second trial following the first trial. The 2nd Criminal Division of the Busan High Court dismissed the prosecutor's appeal and declared him not guilty as in the first trial during the appellate hearing on the 20th of last month against Mr. A, in his 30s, who was accused of rape and attempted rape. Mr. A tried to rape Mr. He was once again put on trial on charges of rape. Mr. A denied the charges. It is said that the skinship was consensual with the victim, and there was no attempt to rape or actual rape. The first trial court previously found Mr. A not guilty in May. The main purpose was that there were inconsistencies in the victim's statement, which was the only evidence. The court pointed out, "The victim has recanted her statement about the situation at the time, but this is a change of the initial statement made close to the date of the incident to fit the facts of the indictment, so it is difficult to believe it as it is." Looking at the content of Mr. B's remarks to acquaintances at the time, such as "I think I climbed on Mr. A's body and made physical contact," it is questionable whether an actual act of rape occurred. He added. The prosecution appealed, claiming a misconception of facts, but the same conclusion was reached in the second trial. The appellate court dismissed the prosecutor's appeal, saying, "The original trial court's decision to acquit each indictment was justified and acceptable." The appellate court said, "Male DNA was not found in the pants and underwear the victim was wearing at the time. This alone does not allow us to conclude that a sexual relationship did not exist. However, when combined with the various circumstances seen earlier, the above results can also be seen as circumstances that cast doubt on the credibility of the victim's statement." Attorney Jang Ho-cheol of Daeryun Law Firm, who represented Mr. A, said “If the defendant consistently denies the charges in a situation where the victim’s statement is the only direct evidence, the victim’s statement must have high probative power so that there is no room to doubt its truthfulness and accuracy,” said Attorney Jang. “In this case, the victim frequently changed her statement, and people around her also gave testimony that contradicted the victim’s claim.” He added, “It appears that the court also reflected this in deciding not guilty.”[View full article] Money S - Accused of raping a woman he met at a bar... The reason why he was acquitted in both the 1st and 2nd trials (link) Segye Ilbo - Man accused of rape after spending one night with a woman he met at a bar, ‘not guilty’ after appeal (link)
3 places including Shin-A Ilbo
2024-12-19
안산시의회, 법무법인(유한) 대륜과 MOU 체결
Ansan City Council signs MOU with Daeryun Law Firm (Limited)
Assisting with major issues in Ansan City, such as urban development and attracting businesses... ‘Corporate legal’ consulting is also in progress. Daeryun said, “We will provide the necessary support to Ansan City through professional personnel such as lawyers and accountants.” Daeryun Law Firm (Limited) announced on the 19th that it signed an MOU for local community development with Ansan City Council. At the signing ceremony held at the Ansan City Council Chairman’s office on the 16th, Daeryun CEO Kim Kuk-il, lawyer Lee Kwang-woo, and Ansan City Council Chairman Park Tae-soon attended. The signing was signed on that day. Through the MOU, the two organizations plan to jointly operate legal advice and law-related education programs and promote new projects in various fields such as citizen consultation services and legal seminars. Specifically, the plan is to △ provide legal advice on major issues in Ansan City, such as urban development projects and corporate attraction activities, △ operate educational programs such as legal seminars for residents, and △ provide on-site legal consultation services. In particular, as the Banwol National Industrial Complex is located in Ansan City, legal issues in the corporate and labor fields will be provided. Ansan City Council Chairman Park Tae-soon said, “Based on cooperation with Daeryun Law Firm, we will do our best to increase the efficiency of council work and provide better services to residents.” He added, “We will resolve local issues more effectively through legal support and advice.” Kim Kuk-il, CEO of Daeryun, said, “Ansan is an important economic center where many companies and workers are active along with industrial development.” We provide prompt and accurate advisory services in a variety of fields, including corporate law, through our labor attorneys and other professionals. “We will prepare a multifaceted plan to provide the necessary support to Ansan City,” he said. Meanwhile, Daeryun is increasing its work expertise by operating specialized groups in each field, including corporate legal affairs, labor industrial accidents, and administration.[View full article] Shina Ilbo - Ansan City Council signs MOU with Daeryun Law Firm (Go here) Citizen Ilbo - Ansan City Council and Daeryun Law Firm (Limited) signed an MOU for local community development (Go here) Legal News - Daeryun Law Firm signs a business agreement with Ansan City Council (Click here)
KBC Gwangju Broadcasting
2024-12-18
"병역 피하려 일부러 체중 줄였다?" 무혐의 받은 20대
“Did you intentionally lose weight to avoid military service?” 20-year-old acquitted
A man in his 20s accused of deliberately losing weight to avoid military service was cleared of charges. According to the legal community on the 18th, the Gwangju District Prosecutors' Office decided not to indict Mr. A, a man in his 20s who was accused of violating the military service law on the 11th of last month. Mr. A was designated as a social worker through a military service examination in 2019, but in the process, he intentionally lost weight by visiting a sauna and sweating. This is a charge. In 2019, when Mr. A's examination was conducted, if his BMI index was less than 17, he was classified as physical class 4 and could serve as a social worker. In fact, at the time of the first examination, Mr. A's BMI index was measured at 16.7 and he was judged as grade 4, but it was put on hold as a subject for unannounced measurement. In the test conducted a few months later, his BMI was found to be 16.9, and Mr. A was finally judged to be in physical grade 4. Related to this An acquaintance of Mr. A came under investigation with suspicions of military service evasion, but Mr. A completely denied the allegations. He claimed that he had a naturally thin constitution and had been underweight since high school. The prosecution also ruled that Mr. A was not guilty. The prosecution said, "Even though he knew that he had been selected as a subject for an unannounced measurement during the military service examination, his BMI index actually increased during the subsequent unannounced measurement," adding, "If the suspect had intended to lose weight intentionally, he would have lost weight compared to the first test." Kim Seong-ik, a lawyer at Daeryun Law Firm who represented Mr. A, said, "A person's weight can fluctuate by about 1 to 2 kg per year depending on his or her lifestyle pattern. Mr. A temporarily exceeded the BMI index of 17 when he was in high school, but the value decreased again due to his irregular lifestyle pattern." He added, "It is difficult to say that Mr. A, who is underweight, went to the sauna and sweated out, causing a significant change in his weight. He added, “Based on experience, it is difficult to understand that he attempted to evade military service by relying solely on weight loss in the sauna.” He added, “It appears that the investigative agency also took this situation into consideration and decided not to charge him.”[View full article] “Did you intentionally lose weight to avoid military service?” People in their 20s who were acquitted (link)
Sunday newspaper
2024-12-18
검·경 동시다발에 상설특검도 추진…‘12·3 불법 계엄’ 수사 속도전 실상
Promoting a permanent special investigation simultaneously with the prosecution and police… The reality of the speed-up of the ‘12/3 illegal martial law’ investigation
Competitive proceedings against police treason and prosecution abuse of power, Kim Yong-hyeon urgently arrested, Yoon Seok-yeol booked…“An unprecedented day, In-depth research required” This is an unprecedented attempt by armed soldiers to take over the National Assembly and the National Election Commission. '12·3 martial law' There is an analysis that the impeachment of President Yoon Seok-yeol failed despite the incident, and the time has come for a treason investigation.. Prosecutors and police, as well as military prosecutors and the High-ranking Public Officials Crime Investigation Office(Office of Corruption Investigation)With simultaneous investigations underway,, The opposition party is promoting 'special prosecutor for treason'If this is added up to 5The investigative blade may extend from any direction.. President Yoon has also been booked as a suspect on charges of rebellion.. but 'Duplicate investigation'Concerns such as confusion and inefficiency are considered issues that need to be resolved.. #"I will hold you accountable for not participating in the vote."Four days have passed since martial law was declared 12month 7The bill to impeach President Yoon Seok-yeol, which was submitted to the plenary session of the National Assembly, was automatically discarded due to a boycott by the People Power Party.. The vote itself did not take place. Member of the National Assembly 300Among people 200More than one person had to attend, Representatives Ahn Cheol-soo, Kim Ye-ji, and Kim Sang-wook from the People Power Party 3Because everyone except people was absent, Rep. Jae-seok 195It was limited to 100 people.The People Power Party submitted the impeachment bill on this day. 'First Lady Kim Kun-hee's Special Prosecution Act' All lawmakers participated in the vote.. And most voted against it. Jaeseok 300Among people 200If there were more than one vote, it was passed. 198It was just a ticket. As a result, Ms. Kim’s Special Prosecutor Act 3I went through the second disposal. The Democratic Party of Korea 12month 11Re-introducing the impeachment bill against President Il Yoon, 14We plan to hold a re-vote on Sunday.. If it is rejected again, the plan is to hold a special meeting every week and repeat the same procedure.. The Democratic Party 12month 8In a commentary issued in the name of floor spokesperson Kang Yoo-jung, "We will harshly hold accountable those who did not participate in the historic vote on responsibility for treason."He predicted. #speculum 'investigation competition'…Concerns about confusion and inefficiency The government and ruling party narrowly avoided impeachment, but the remaining path is thorny.. It is our responsibility to endure not only public criticism, but also the swords of investigation that will come from all directions.. Of course, there are many who doubt the limits of the investigation since it is directed at the incumbent president.. But in the current atmosphere 'Suspicion of poor investigation'is soon 'stigmatized as a collaborator of the civil war'Each agency's will to investigate appears to be stronger than ever..The police and prosecutors formed a special investigation team and began a mandatory investigation.. The police reported to the National Investigation Headquarters Security Investigation Team. 1208 people, The prosecution is headed by Seoul High Prosecutors' Office Chief Park Se-hyeon. 'Emergency Martial Law Incident Special Investigation Headquarters'Established new investigative personnel 5020 people were deployed. The crime of rebellion is within the scope of police investigation., The prosecution is expected to look into allegations of abuse of power and take the form of grouping the civil war as a related crime..The two organizations have already entered into a battle of speed.. Police Guksubon launched an investigation team. 12month 6From the first day of work, Police Commissioner Jo Ji-ho, Seoul Metropolitan Police Agency Commissioner Kim Bong-sik, Mok Hyeon-tae, National Assembly Guard Captain, Gyeonggi Southern Police Agency Commissioner Kim Jun-young, etc. 4People's cell phones were confiscated.. This is a measure taken after the Democratic Party and others accused them of rebellion and abuse of power.. The police also secured all Seoul Police radio records..In the case of the prosecution, former Minister of National Defense Kim Yong-hyun, who is considered the main culprit of the martial law incident, 12month 8He was arrested suddenly. It is known that the prosecution repeatedly requested former Minister Kim to appear immediately after the launch of the special investigation unit.. Former Minister Kim continued to refuse this morning. 1city 30About a minute ago, I suddenly showed up voluntarily.. After conducting a late-night investigation, the prosecution transferred former Minister Kim to the Eastern Detention Center in Seoul..Between the sword and the mirror 'competition' There is also a glimpse of. The day the prosecution arrested former Minister Kim, The police searched and seized former Minister Kim's official residence and office.. Prosecutors and police investigated one suspect through separate channels.. A police official said "If the prosecution investigates a crime of rebellion that is not within the scope of investigation, the indictment may be dismissed."He also expressed his awareness of keeping the prosecution in check..This leads to concerns that confusion in the investigation may repeat itself.. In a situation where attempts by suspects to destroy evidence are expected, excessive confusion is bound to be bad news.. It was reported that former Minister Kim also changed his cell phone before making a surprise appearance at the prosecution.. Some are also suspicious of Presidential Chief of Staff Jeong Jin-seok rejoining Telegram after leaving it..On the surface, it appears that the investigation is progressing quickly, but some point out that this is not the case on a closer look.. Four days after martial law 12month 8This is because former Minister Kim is the only suspect whose identity has been secured as of today.. Acting Minister of National Defense Kim Seon-ho(loan)this 12month 6To the Japanese Ministry of Defense and directly administered units 'Preservation of all documents related to martial law'Although I ordered, It remains to be seen what will happen in reality.. #Permanent special investigation countdown…'suspect' Yoon Seok-yeol's fate is currently being investigated in four ways.. In addition to the prosecutors and police, the Ministry of National Defense and the Airborne Investigation Office are handling the case.. The Ministry of National Defense is a military prosecutor 5people, etc. 12dispatched a person. This is to support the prosecution based on the results of the military’s own investigation.. The Corruption Investigation Office is investigating4wealth(Chief Prosecutor Cha Jeong-hyeon)It assigned cases of insurrection and abuse of power against Police Commissioner Jo Ji-ho and Seoul Metropolitan Police Agency Commissioner Kim Bong-sik..However, as President Yoon still exists as a living power,, There are questions about whether an investigation without sanctuary is possible.. Accordingly, the Democratic Party 'Permanent special prosecutor for treason'We plan to present it to the plenary session soon.. Unlike a regular special prosecutor, the president cannot veto a permanent special prosecutor.. In addition, the majority of registered lawmakers were in attendance. 3of 2 If the above votes are in favor, it will be passed and the Democratic Party can proceed independently..The government and the ruling party are just in trouble.. This is because the only way is to be virtually helpless even after passing the permanent special investigation.. past 11As per the revised rules, 'Once a permanent special investigation into the president and his family is decided, the president's political party cannot recommend a special prosecutor.'do. step, President Yoon postpones appointment instead of veto 'holding strategy'There is room to step forward.. Permanent special prosecutors have more restrictions than regular special prosecutors.. Inspection is up to 5number of people, Dispatched civil servants 30number of people, The investigation period is 60It is defined as work. Current prosecutors, police, Ministry of National Defense, and Ministry of Public Prosecution 4We can expect an efficient and strict investigation rather than continuing to wait for the investigation to proceed., How much in terms of procedures and results 'short and strong' I don't know if it will be effective.Meanwhile, President Yoon has also been booked as a suspect on charges of rebellion, so there is great interest in what the outcome will be.. Park Se-hyeon, head of the prosecution's special headquarters, 12month 8held a press briefing "So many complaints have been filed regarding President Yoon that an investigation is underway after being booked."as "The procedure is to be booked as a suspect when a complaint or accusation is filed."He said.Director Park 'Is it possible for the prosecution to investigate treason charges?' In the inquiry "Simply put, this case was a public official abusing his power., The point is that the riot was started for the purpose of disrupting the national constitution."He said "These two are the elements of abuse of power and civil war., The public will be able to easily determine whether there is any connection between the two charges."explained.It is said that the prosecution has deployed a large number of special, public security, and violent crime prosecutors.. The investigation of a sitting president on charges of treason is unprecedented., It is said that there are deep concerns internally as well.. A lawyer who was a public prosecutor said "Because this is unprecedented, very in-depth research will be needed."He said "It doesn't seem easy for anyone to predict the future."was diagnosed. Attorney Park Jin-hyeon, former prosecutor(Daeryun Law Firm)Is "If the charges of rebellion are proven 'In theory' President Yoon’s arrest is also possible."as "Presidential immunity excludes civil war and foreign exchange crimes."said. but "The problem is that it is unclear whether the prosecution can directly investigate treason crimes."saying "Arrest is not possible on charges such as abuse of power."added. [View full article] Promoting a permanent special investigation simultaneously with the prosecution and police... The reality of the speed-up of the ‘12/3 illegal martial law’ investigation (link)
lowrider
2024-12-18
‘동료 강제추행 혐의’ 초등학교 교사···선고유예로 교사직 유지
Elementary school teacher accused of forcibly molesting a colleague...maintains his/her position as a teacher through deferred sentencing
When an educational public official is sentenced to a fine of more than 1 million won for a sex crime, A's lawyer emphasizes, "It was an accidental crime, the degree of molestation was minor, and the victim does not deserve punishment." A case was revealed in which an elementary school teacher in his 40s who molested a fellow teacher while drunk received a deferred sentence and was able to return to teaching. Gwangju District Court Chief Judge Lee Gwang-heon of the 4th criminal division fined A 5 million won on charges of forced molestation. Sentencing was postponed. Deferred sentencing is a type of guilty verdict that postpones sentencing for a certain period of time and exempts punishment after that period. Mr. A was accused of forcibly molesting the victim, Mr. B, while drinking with fellow teachers at a restaurant in Seo-gu, Gwangju in October 2023. During the police investigation, Mr. B claimed that Mr. A, who was sitting next to him, made inappropriate physical contact, including touching his body. At the time, Mr. A was believed to be intoxicated. It was confirmed. Mr. A's lawyer said at the trial, "Mr. A, who is a teacher, could lose his long-time job if he is punished for this incident," and added, "After the incident, Mr. A has been working hard to prevent repeat offenses. In particular, please take into consideration that he sincerely apologized to the victim and received forgiveness." The court also accepted this and decided to postpone the fine. Chief Judge Gwang-heon Lee said, "The defendant deeply regrets his mistakes. He explained the reason for the decision by saying, “We took into account the fact that he is committed not to reoffend and the fact that he reached an amicable agreement with the victim and that the victim did not want to punish the defendant,” and the decision to suspend sentencing allowed Mr. A to maintain his status as a teacher. Attorney Shim Ga-hyun of Daeryun Law Firm (Limited), who represented Mr. A in this case, said, “The National Public Officials Act stipulates that if an educational civil servant is sentenced to a fine of 1 million won or more for a sex crime, he or she will be retired.” “The suspended sentence was given because it was accepted that the crime was committed accidentally due to excessive drinking, that the degree of the assault was relatively mild, and that the victim did not want to be punished,” he explained.[View full article] Elementary school teacher accused of forcibly molesting a colleague...maintains his/her position as a teacher through deferred sentencing (Shortcut)
Money Today
2024-12-17
마약 범죄, 초범이라도 구속 수사 될 수 있어…절차별 대응 필수
Even first-time drug offenders can be arrested and investigated... Required response by procedure
While the drug problem has recently been discussed as a social issue, the number of drug offenders caught by the police has been found to be increasing. According to data released by the National Police Agency, 184 drug offenders were arrested from September to October last year, which is an increase of approximately 95.7% compared to the 94 people arrested during the same period last year. The types of drugs used for administration are also expanding. In the past, it was limited to limited types such as marijuana and philopon, but these days, the scope has expanded to include cocaine, ecstasy, and yaba. In addition, cases of misuse of medical drugs such as propofol are increasing, especially in hospitals and clinics, raising controversy. Recently, drug distribution channels are becoming more diverse, which is becoming a problem. Unlike before, many cases of buying and selling drugs through SNS such as Telegram have been discovered. In addition, there are situations where people take drugs without their knowledge, and criminal methods are becoming more sophisticated. Last year, there was a case in an academy in Seoul where a member of a criminal organization encouraged test takers to take drinks mixed with drugs, claiming that it was a "drug that helps them study better." Drug use can cause problems in a person's daily life and harm their health. In addition, the sentences are not light because they often lead to social problems. Those who take ketamine or ecstasy, which are known to be distributed mainly in entertainment districts such as clubs and entertainment bars, are sentenced to up to 10 years in prison or a fine of 100 million won. Even in the case of marijuana, which is widely known, a person is subject to imprisonment for up to 5 years or a fine of up to 50 million won. In addition, simple possession of drugs is subject to punishment. Even if the medication is not administered, a prison sentence may be imposed because it can lead to other criminal acts such as taking or selling. If you are suspected of being a transporter involved in drug distribution, you may be subject to imprisonment for up to 10 years or a fine of up to 10 million won. The judiciary plans to take strict action against these drug crimes. The Supreme Court Sentencing Committee has been implementing strengthened sentencing standards for drug crimes since last July. The changed standards include increasing the level of punishment for drug crimes such as large-scale drug distribution and simple possession of marijuana. In particular, as the youth drug problem has emerged, the standard range for selling and receiving drugs to minors has been expanded to a maximum of life imprisonment. In fact, court punishment is also becoming increasingly severe. According to data from the Supreme Prosecutors' Office, the proportion of drug offenders tried last year who were sentenced to 10 years or more in the first trial has nearly tripled in the past two years. Therefore, if you are involved in a drug crime, you must establish a strategy for each procedure from the police investigation stage to the court. If an individual solves the problem alone, legal factors may be misinterpreted and lead to unexpected results. Therefore, it is essential to respond with the assistance of an expert, such as a lawyer with extensive experience in the field. If you took the drug without knowing it was a drug, or if you were forced to take the drug by someone else, you must actively explain the circumstances of the drug use. It should be emphasized that the drug was taken without knowing at the time that it was a drug, and the argument should be focused on the fact that no additional drug was administered after that. Even in this case, it is important to develop a response plan with the help of an expert such as a lawyer.[View full article] Even first-time drug offenders can be arrested and investigated... Required response by procedure (link)
YTN
2024-12-17
[Y초점] 뉴진스→'뉴진즈'로 팀명 변경? 보는 것도 아찔한 법적 줄타기
[Y Focus] New Jeans → Team name change to ‘New Jeans’? A legal tightrope walk that is dizzying to watch.
There is a possibility that NewJeans, a group that insisted on terminating its exclusive contract with its agency Adore, will change its team name due to a recently opened SNS. NewJeans opened a new SNS channel called 'jeanzforfree' on the 14th and posted an image of its symbolic animal, a rabbit, wearing a cone hat to convey a happy birthday message to former CEO Min Hee-jin. Previously, they performed without directly mentioning the team name at the Japanese mixed group Yoasobi's concert in Korea, and some analyzed that this was a measure to avoid unnecessary legal disputes with their agency Adore. However, with the opening of the 'Jeans for Free' channel on this day, some speculated that New Jeans may be trying to make a new start with the name 'New Jeans', changing only one letter from the team name. There is also a view that rather than dragging out the trademark dispute, an easier and quicker solution was chosen to change the name to 'New Jeans'. In relation to this, New Jeans has not officially announced the name change to 'New Jeans'. So, if they choose to change their name to ‘New Jeans’, will it actually have legal effect? To conclude, the common opinion of legal experts is that it is impossible to operate under ‘New Jeans’ under trademark law. Attorney Kim Tae-hwan, an intellectual property expert at Daeryun Law Firm, told YTN, "First of all, the trademark rights related to New Jeans belong to Adore Co., Ltd. In addition to the English mark, Adore has not applied for trademark rights for the Korean mark 'New Jeans', but since the identity and similarity of the name are important judgment criteria, 'New Jeans' is also likely to be judged as an infringement." Attorney Kim continued, "In general, if New Jeans is a 'third party' that is not related to Adore." “If Adore claims infringement of trademark rights, there is a high possibility that the infringement will be recognized. Additional confirmation is needed to determine whether New Genes used this name without any hesitation or decided to use it with hidden intentions,” he explained. He also paid attention to the lawsuit filed by Adore to confirm the validity of the exclusive contract. Attorney Kim predicted, "If Adore wins, New Jeans will become Adore's affiliated singers, so the issue is whether they can be considered a 'third party' in the trademark infringement claim. Conversely, if the exclusive contract is confirmed invalid, New Jeans members will appeal that their existence was a measure taken to prevent them from being unable to perform for a long time due to a long legal battle." In particular, Attorney Kim said, "If New Jeans loses the above confirmation lawsuit, if it is confirmed that they are affiliated with Adore, then they can be considered as singers under Adore." “If they continue their activities despite the ruling, they will have to pay a huge penalty for violating their contract as singers,” he said. “In addition, Adore can also request a ban on activities under the exclusive contract, so it seems that he will not be able to continue his activities as a singer based on legal judgment.” As such, New Genes has been legally involved in the actions of notifying the termination of the exclusive contract through an emergency press conference, activities after the conference, and rumors of a change in the team name due to the opening of this new SNS channel. I'm walking. When will New Jeans, who is walking a seemingly precarious tightrope, be able to return to being an ‘idol’ again?[View full article] [Y Focus] New Jeans → Team name change to ‘New Jeans’? A legal tightrope walk that is dizzying to watch (Shortcut)
Sports Seoul
2024-12-17
‘부동산실명법 위반’, 3억원대 과징금 공방…결말은?
‘Violation of Real Estate Act’, fine of 300 million won… What's the ending?
Mr. A completes land ownership transfer registration process after 16 years... 1st and 2nd trial courts impose fines in the hundreds of millions of won, “The reason for the delay in registration is recognized...there is no legal reason for the disposition” Cancellation of fines The court ruled that fines cannot be imposed if there is a justifiable reason even if land ownership transfer registration procedures were not performed for a long period of time. On the 13th of last month, the Seoul High Court's Administrative Division 6-1 (Chief Judges Hwang Ui-dong, Wi Kwang-ha, and Baek Seung-yeop) filed a lawsuit against the mayor of Jongno-gu, Seoul, filed by Mr. A in his 40s. In the appeal trial to cancel the imposition of fines, the lower court upheld the ruling in favor of the plaintiff. In February 2006, Mr. A purchased a piece of land in Jongno-gu, Seoul for 1.2 billion won from his younger brother and started operating a junk shop in March of the same year. Afterwards, Mr. A completed the ownership transfer registration process in 2022, about 16 years later. Jongno-gu Office, the local government in charge, gave Mr. A 380 million won. A fine was imposed. This is because Mr. A is a long-term unregistered person. According to the Real Name Real Estate Act, if an application for ownership transfer registration is not made until the grace period for real name conversion has elapsed, a fine in the range of 30/100 of the real estate value is imposed. Mr. A appealed the imposition of the fine and filed an administrative lawsuit. Mr. A argued, “As the payment of the sale price for the land in question was delayed, a related lawsuit was filed and the registration process had to be delayed.” He also emphasized, “Even though there were legitimate reasons for not applying for registration, the local government imposed a fine, which clearly shows that there was a flaw in the disposition.” The first trial court sentenced the imposition of the fine to be canceled. The court ruled, “Even if the unpaid amount is only about 7% of the total sale price, it is difficult to view this as completion of payment of the sale price,” and “Accordingly, this case cannot be considered to have legitimate grounds for disposition.” Jongno-gu Office immediately filed an appeal, but the second trial court also ruled in Mr. A’s favor. The Seoul High Court stated the reason for dismissing the appeal, saying, “In an appeal lawsuit, the burden of proving the legality of the disposition lies, in principle, with the disposition office, which asserts the legality of the disposition. The defendant’s reasons for appeal are not much different from the argument in the first trial, and the cancellation of the fine is recognized as justified.” Attorney Lee Jun-hee of Daeryun Law Firm (Limited), the legal representative of Mr. A, said, “Even at the time of the disposition of this case, the settlement of the sale price surrounding the land in question was not completed. The defendant “Although they were aware of the facts, they denied it and tried to maintain the disposition,” he said. “Therefore, the disposition in this case should have been canceled because the defect was so serious.” He added, “It cannot be considered reasonable to claim grounds for disposition based on separate facts that are not legally recognized as having the same basic facts.”[View full article] ‘Violation of Real Estate Act’, fine of 300 million won… What's the ending? (Shortcut)
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