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If you were accused of a sex crime after a night of drinking while your memory was blurry, you would be embarrassed. The first concern that comes to mind at this time is 'Can a person be punished even in a situation where he or she has no memory?' In fact, many court cases occur in situations where memory is disrupted while drunk. In particular, when the victim claims, 'I have no memory, but I feel like I was harmed,' the suspect's response becomes very complicated. From the suspect's perspective, the first legal standard to pay attention to is the credibility of the statement. Investigative agencies and courts closely examine whether the victim's statement is specific and consistent. We also review whether the victim's claim matches objective circumstances such as call records and travel routes. Even if the victim claims to have “lost memory,” the charge will not be acknowledged if the circumstances surrounding it are unnatural. Therefore, the suspect must focus on finding contradictions in the other party's statements. The judgment of 'impossibility to resist' is also a point that the suspect must actively defend. This is because quasi-rape, etc., can only be established if it is acknowledged that the victim was in a state of being unable to resist. However, simply being intoxicated does not immediately determine inability to resist. The court closely examines the victim's actions, conversations, and movement routes. For example, if there are circumstances in which the victim continued the conversation normally or moved on his own, this will have a significant impact on the judgment. In the end, the key is not the fact of being 'drunk' per se, but the specific proof of what the state was at the time. Responding to sexual crime cases is not a matter of piecemeal facts, but a battle of the entire trend. A conclusion cannot be reached based solely on one side’s one-sided argument. You can win only when your actions before and after the incident and objective data are connected into a single story. If you want to get rid of unfair charges, it is not enough to simply plead that there was no intent. It is essential to organize the situation in detail chronologically and secure data to support it. Attorney Park Jeong-gu of Daeryun Law Firm explained, “It is easy to think that statements are everything in a sex crime case, but in reality, whether they match the evidence is much more important.” In particular, it was emphasized that in cases of sexual crimes that occurred while drinking, the key issue is whether the context continues uninterruptedly and naturally rather than whether there are fragmentary memories. He added, “The court judges guilt or innocence based on objective proof of facts, not whether the suspect remembers.” He added, “If you are being wrongly accused, you should avoid emotional responses, and it is important to respond thoroughly with objective data and consistent explanations with the help of legal experts from the beginning of the investigation.”[View full article] When it comes to sex crimes under the influence, ‘objective circumstances’ rather than fragmentary memories determine the outcome (link)

[Interview] Attorney Kim Young-soo of Daeryun Law Firm: A copy of the warrant is issued to the suspect, and references are restricted… “Logical contradiction” “While the right to defense is guaranteed to suspects suspected of a crime, the issuance of warrant copies to third-party references is restricted due to confidentiality of the investigation. The convenience of the investigation cannot take precedence over the basic rights of the people.” Kim Young-soo, a lawyer at Daeryun Law Firm, criticized the investigative agency’s practice of executing search and seizure warrants. The constitutional petition filed by Attorney Kim recently passed the preliminary review of the Constitutional Court and was referred to the full court (trial on the merits). This is a meaningful result that allows us to look again at the investigative agency's forced investigation practices and the court's passive interpretation from a constitutional perspective after the full implementation of the court member system last March. A tribunal refers to a system in which court trials are subject to constitutional appeal adjudication. Attorney Kim, who served as the chief judge of the Navy Military Court and the Deputy General Judge of the High Military Court of the Ministry of National Defense and the first director of the Navy Human Rights Center, is a legal expert who has been involved in the military judicial system for 22 years. He filed this constitutional petition based on the procedural limitations he experienced when he was searched and seized as a direct reference in 2022. Attorney Kim pointed out the procedural limitations he experienced during the special prosecutor's search and seizure in 2022. The special prosecutor searched and seized him as a witness in the case of Sergeant Lee Ye-ram's death, but in reality, he explained, it was a forced investigation with the intention of turning him into a suspect. He recalled, "Even though I was not involved in the case at the time, the investigation team only made me read dozens of pages of warrants at the scene and did not even allow me to issue copies or take notes." He went on to emphasize that he was restricted in exercising his right to procedural defense, saying, "I requested to see the warrant again to prevent the conversation or private information I had with the client from being exposed during the cell phone forensics process, but I was refused." Forensics is an investigative technique that finds clues to crimes by restoring data stored in digital devices such as smartphones and PCs. Attorney Kim pointed out that the judiciary's passive interpretation of the current law is undermining the principle of due process guaranteed by the Constitution due to the absence of a copy of the warrant and the obstruction of the process of appeal for an illegal investigation. While the right to access warrants is widely recognized for suspects suspected of crimes in order to guarantee their right to defense, it is pointed out that it is a logical contradiction to strictly limit the issuance of copies to unsuspecting witnesses on the grounds of investigative confidentiality. There was also concern that without a copy of the warrant, the means to check the compulsory disposition of investigative agencies virtually disappears. The core of warrantism is that searches must only be conducted within the subject and period authorized by the judge. Attorney Kim said, “Without a copy of the warrant, there is no way to clearly check on the spot whether the investigative agency is searching within the scope permitted by the court.” He added, “Even if you later try to file a quasi-appeal against the illegal search and seizure, it is difficult to even specify the reason for the illegality because there is no warrant.” A quasi-appeal is a procedure to request cancellation or change from the court in response to dissatisfaction with an investigation agency's disposition, such as search and seizure. The reason the Constitutional Court referred this case to the full court was because it judged that an in-depth discussion was needed on the search and seizure procedure and the issue of guaranteeing the public's right to defense. It is significant in that a check on the investigative agencies' compulsory investigation practices has been implemented, called a constitutional appeal. Attorney Kim hoped that this judgment would be a milestone that puts a brake on the expedient use of warrants by investigative agencies. He said, “This should serve as an opportunity for the National Assembly and the courts to carefully consider human rights and legislate and adjudicate,” and added, “If basic rights are restricted by state public power, the right to confirm and defend the legal basis must be guaranteed.” Lastly, he did not forget to make a request to citizens who will be unfairly investigated by investigative agencies. Attorney Kim advised, “At the scene of a compulsory investigation, we must not be intimidated by state power and confidently demand our rights through due process.” Reporter Hwang Jeong-won (garden@sidae.com)[View full article] Controversy over search and seizure of witnesses... “Investigation convenience cannot take precedence over people’s basic rights” (Shortcut)

Lawyer Kim Young-soo of Daeryun Law Firm filed a complaint against the Supreme Court and was a witness in the death of Sergeant Lee Ye-ram... A copy of the warrant was not received at the time of search, so the quasi-appeal and re-appeal were dismissed... “If you are not a suspect, there is no obligation to issue a warrant.” “The witness is executed without knowing the English text, regardless of his or her own actions.” The full panel of the Constitutional Court will decide whether the practice of not providing a copy of a warrant when an investigative agency searches and seizes a witness who is not a suspect is unconstitutional. According to the legal community on the 13th, the designated tribunal of the Constitutional Court decided on the 12th to refer the case filed against the Supreme Court by lawyer Kim Young-soo of Daeryun Law Firm to the full court. The case originated when Special Prosecutor Ahn Mi-young's team, which investigated the death of the late Sergeant Lee Ye-ram in 2022, seized and searched the residence and smartphone of Attorney Kim, who was a reference, and refused to issue a copy of the warrant. According to Daeryun, Attorney Kim pointed out in the application submitted to the Constitutional Court that the investigative agency's interpretation of the law is in direct violation of the constitutional right to equality and the principles of due process. Attorney Kim emphasized, “A suspect is a person who has become the subject of an investigation due to his or her actions and is subject to the execution of a warrant, whereas a reference person is executed without knowing the meaning of the case, regardless of his or her actions.” He also emphasized, “The reference person should be seen as being in a position where the principles of due process and the right to seek trial are procedurally guaranteed,” adding, “In particular, he pointed out the realistic problem that if there is no copy of the warrant, the actual right to defense of the confiscated person is neutralized.” Attorney Kim explained the situation at the time, saying, “The applicant cannot remember the contents of the dozens of pages of the warrant, so if a copy was not possible, he requested that he be allowed to film the warrant or make notes on its main contents, but this was also rejected.” He then complained, “It was not possible to confirm whether the execution of the search and seizure warrant was carried out within the legal scope in relation to the facts of the crime stated in the warrant.” He also strongly refuted the claim of ‘secrecy in the investigation’ that the investigative agency uses as the main justification for refusing to issue copies. He pointed out, “There is no difference between investigation secrets disclosed by presenting a search and seizure warrant and investigation secrets disclosed by issuing a copy.” Furthermore, he strongly criticized, “Giving a copy of the warrant to a suspect suspected of a crime but denying it to an innocent reference on the grounds of confidentiality of the investigation is an incoherent action.” Previously, the court ruled that the investigative agency had no obligation to issue a copy of the warrant to a third party other than the suspect in the pre-indictment investigation stage, so it dismissed Attorney Kim’s quasi-appeal and re-appeal one after another. The Constitutional Court plans to make a final decision on whether the provisions of the Criminal Procedure Act are unconstitutional and whether Attorney Kim's fundamental rights are violated through a hearing by the full bench. Namgoong Min-gwan (kunggija@edaily.co.kr)[View full article] Edaily - "'Passing a copy of the warrant' when conducting a search and seizure of a witness is unconstitutional"... Constitutional Court member receives judgment (Shortcut) News 1 - Three cases of court members being transferred to the main court... Going beyond ‘procedures’ and judging ‘unconstitutional legal interpretations’ as well (link) Kukje Newspaper - The Constitutional Court considers whether the investigative practice of not providing copies of warrants to witnesses is unconstitutional (link)

A crafts instructor who was accused of stealing other people's educational content and teaching methods without permission was cleared of charges in a police investigation. According to the legal community on the 12th, Guro Police Station in Seoul decided not to send A, a woman in her 40s, who was booked on charges of leaking trade secrets and violating copyright law on the 2nd of last month. Person A was accused of using lecture materials acquired in the process of being entrusted with instructor management duties from Mr. B, an education program producer last year, in her own lectures without permission. Ms. B. Mr. B claimed that various materials such as educational proposals, textbooks, and activity sheets were delivered to Mr. A, and that Mr. A subsequently stole these materials without permission to create lecture content and imitated the lecture method using audio-visual materials. Although it is true that Mr. A received the materials from Mr. B, he claimed that he had previously taught classes using audio-visual materials. In addition, it was explained that the activity sheet used in the lecture was not an unauthorized use of Mr. B's data, but was drafted using artificial intelligence (AI) and composed in a universal way. The police determined that the material used by Mr. A in the lecture had already been distributed to numerous instructors and students at many educational institutions and used as actual teaching materials, so it was only public data and did not constitute a trade secret leak. It was held that the teaching method using audio-visual materials, the order of class composition, etc. fall into the area of ​​ideas and are not subject to copyright protection. Attorney Daewon Kim of the Daeryun Law Firm, who represented Mr. A, explained, "Copyright applies not to the abstract idea itself, but to specific and detailed expressions. We were able to get a decision not to send the case by actively explaining that the content that Mr. B took issue with was nothing more than an idea that anyone could borrow because it is a universal method for education." Reporter Jeong Cheol-wook[View full article] Instructor accused of “copying teaching methods” not sent back… Police: “Ideas are not subject to copyright protection” (Shortcut)

Attorney Kim Min-soo of Daeryun Law Firm: The Road Traffic Act stipulates that a blood alcohol concentration of 0.08% or higher is the standard for driver's license cancellation. If a higher figure than this is confirmed during the drunk driving crackdown, the majority will decide that the result cannot be reversed and give up. However, driver's license cancellation is not decided solely by mechanical numbers. This is because the facts on which administrative dispositions are based must be supported by objective evidence. Recently, the Incheon District Court made a reasonable ruling reaffirming this legal principle. The client was caught drunk while driving a two-wheeled vehicle, and his blood alcohol content was 0.418%. This figure is five times higher than the standard for license cancellation, and is a dangerous level that is accompanied by decreased consciousness or breathing difficulties. The police revoked the driver's license based on this. The client applied for an administrative trial separately from the criminal case, but it was also dismissed, and an administrative lawsuit was filed. The lawyers in charge of the lawsuit checked the CCTV at the time to understand the situation at the time. The client drove according to the traffic lights and was also seen steering the wheel to avoid a taxi that suddenly appeared at the intersection. There were also circumstances that were far from intoxicated, such as having a clear conversation with a police officer who was dispatched after being caught drunk. Based on this, the lawyers in charge emphasized that the breathalyzer test values ​​did not correspond to the actual state at the time. As a result, the court ruled in favor of the client by ruling to cancel the driver's license cancellation. This was the result of a comprehensive examination of the contradictions between the breathalyzer test values ​​and the actual circumstances at the time. The court found that based on the submitted evidence alone, there was no evidence to admit that the client drove the vehicle while intoxicated more than 0.08%. This is an example that clearly shows that more serious administrative measures must be based on objective data and legal procedures. In practice, there are many cases where response is given up simply because the drunkenness control number was high. However, the obvious discrepancy between mechanical breathalyzer test values ​​and actual driving conditions is a critical basis for destroying the reliability of the results. Therefore, it is most important to quickly secure objective data to prove the actual situation, such as a black box containing the driving route at the time of the crackdown or conversations with nearby CCTV police officers. If you do not succumb to the pressure of the breathalyzer test results and legally prove the gap between the actual truth and the data, you can be relieved from the harsh punishment of license revocation. In particular, driver's license revocation is often directly related to livelihood. Therefore, if there are unfair circumstances, rather than concluding that “the shame has come out and it is over,” efforts should be made to uncover the substantive truth by carefully reconstructing the objective circumstances with legal experts. ● Contributions by external writers may differ from our editorial direction. Gyeonggi Ilbo webmaster@kyeonggi.com[View full article] [Contribution] Driver's license revocation canceled despite 0.418% breathalyzer test reading... Reasonable Judgment (Shortcut)

-Kwon Il, Lawyer Daeryun Law Firm (Limited) Legal Column Recently, the Personal Information Dispute Mediation Committee made a decision to the effect that reputation inquiry without the consent of the parties is not a violation of the Personal Information Protection Act, causing quite a stir in the job market. The act of checking the facts of the previous academy to confirm the false experience of the hired academy instructor was not considered illegal. Some people have an optimistic interpretation of this, saying, "Now it is okay to ask applicants about their previous employers' reputations without their knowledge," but if this is fully accepted, it could lead to significant legal risks for companies, so special caution is needed. First, not only should we keep in mind that the Dispute Mediation Committee's decision is merely a mediation decision with no legal binding, unlike court rulings, but we must also accurately understand the scope of this Dispute Mediation Committee's decision. The core of the case was not ‘reputation’ but ‘authenticity of career’. In other words, the act of verifying objective facts, such as the period of employment or position listed on the resume, is considered part of a legitimate hiring process and is permitted as an exception. However, if you go beyond this and go into the area of ​​collecting subjective evaluations of applicants' tendencies, work abilities, and conduct, the story is different. According to Article 2, Paragraph 1 (b) of the Personal Information Protection Act, a third party's subjective evaluation, such as an individual's inclination or performance, is strictly personal information if it can be combined with other information to identify a specific individual. Therefore, if a hiring company collects personality evaluations beyond the scope of fact-checking, such as "What was the applicant's work attitude like" or "What was the friction with co-workers or specific reasons for leaving the company?" As the information was collected, it violates Article 15, Paragraph 1 of the Personal Information Protection Act, and the former employer who provided the information is likely to violate Article 17 or Article 18, Paragraph 1 of the same Act by providing personal information to a third party beyond the scope of collection purpose. Therefore, not only the former employer who provided the information, but also the hiring company that unfairly collected the information cannot be free from criminal punishment or fines. In particular, asking for sensitive information, such as union membership or health status, may result in more severe sanctions as it is sensitive information subject to separate and heavier regulations (Article 23 of the Personal Information Protection Act). Furthermore, in addition to criminal liability, there is another risk factor called civil liability for damages. Even though a simple reputation inquiry does not directly fall under the category of 'interfering with employment' under Article 40 of the Labor Standards Act, the judiciary applies strict standards to acts that violate an applicant's right to self-determination of personal information. In fact, the Seoul High Court (2018na2073790) recognized a company that went beyond its reasonable discretion and conducted an unobjective review search on only certain applicants liable for damages due to illegal acts on the grounds that it lost the fairness of the hiring process and violated the applicant's reasonable expectation and trust of receiving a fair evaluation. Ultimately, verification to select excellent talent is essential for companies, but the practice of negative background checks with a weak legal basis is difficult to protect within the current compliance monitoring system. Forcing an arbitrary investigation by misinterpreting the Dispute Mediation Committee's decision as an 'indulgence' can be an act that undermines the legitimacy of the recruitment process. In order to eliminate the possibility of unnecessary disputes at the source, legal and human resources managers must clearly notify the possibility of conducting reputation checks at the recruitment screening stage and institutionalize the process of seeking official 'written consent' from applicants that specifies the purpose of collection and use, collection items, retention period, right to refuse consent, and disadvantages (Article 15 of the Personal Information Protection Act) Paragraph 2). It should be kept in mind that a company's core strategy of securing excellent talent can only be justified when thorough legal safety measures are preemptively established. Reporter Lee Dong-oh (canon35@mt.co.kr)[View full article] Controversy over the legality of reputation checks... HR compliance that protects companies (Go here)

The number of dedicated courts has been doubled…Number of cases reviewed by the Academic Violence Committee 4After years 78% After the rapid increase in the unification of the Office of Education, the way for teacher intervention is blocked.…Communication between the perpetrator and victim is cut off., High school ahead of college entrance 3grade student Amilitary department BThere is a sheep. We were just in the same class at the beginning of the semester, We didn't even know each other's phone numbers and didn't say a word to each other.. One day, at the end of recess, A student from another class came in to borrow a textbook.. AHe threw the book towards the door to hand it over., Due to lack of strength, the book was sitting in the middle, unable to reach the door. Bfell on both sides. AThe military immediately apologized., BThe amount was passed over without much notice..But a few days later, AThe military was reported as a perpetrator of school violence. A criminal complaint for special injury followed.. BThe sheep's parents AI misunderstood that the military intentionally threw the book at my daughter.. "They have been bullying and bullying my daughter since last year."Hundreds of pages of material to this effect were submitted to schools and investigative agencies.. The result was acquittal and no action.. But in the meantime AHe couldn't go to school for a few days., There was a rumor at school that he was a perpetrator.. AThe amount of money the military's parents spent on attorney fees amounted to tens of millions of won..someone "How can that be school violence?"I can ask back. However, such cases are not uncommon in schools today.. Every minor conflict and misunderstanding that occurs in the classroom is subject to a school violence committee and administrative judgment., Korean society has already entered the stage where things go through administrative litigation and then into the courts.. The judiciary also began to move along with the trend.. In the process of handling school violence, the gap in parents' economic power was revealed. The Seoul Administrative Court last year 2A court dedicated to school violence cases was established in January. 2in a place 4to the place 2I increased my stomach. 2026This measure was taken in response to a surge in related lawsuits as school violence measures were mandatory starting from college entrance exams each school year.. The longer the conclusion of the lawsuit filed against the decision is delayed, the greater the impact on student records and entrance exam schedules., The court also has no choice but to speed up processing.. In fact, lawsuits related to school violence in Seoul are 2022year 51last year in 134By the matter, 3between years 2.6doubled.It’s not just a phenomenon in Seoul either.. 10According to the status of school violence review and appeal procedures obtained exclusively from the Ministry of Education by the Japanese Sisa Journal reporter,, School Violence Countermeasures Review Committee(Below is the academic violence committee) The number of deliberations is 2021school year 1only5653In the gun 2024school year 2only7835By the matter 4After years 77.8% There was a sharp increase. Every year on the school violence committee 1Ten thousand cases are piling up.. This means that the amount of conflict occurring at school flowing into administrative procedures has exceeded the critical point..As deliberations piled up, the number of complaints increased.. During the same period, the administrative judgment request filed by the offending student was 875In the gun 1261By the matter, Administrative litigation 107In the gun 241increased in cases. What is noteworthy is the structure of disobedience.. Claim from victim student(10→3case)Comparatively speaking, the offending student's disobedience(107→241case) Frequency of use is consistently high. In particular, applications for suspension of execution 2024The offending student in the school year 583While the case was filed, the victim 11It's just a matter 53showed a gap of two times.Suspension of execution is a procedure that suspends the effectiveness of school violence measures until the merits of the case are judged.. If the implementation of measures is delayed, the timing of entry into the school record will be delayed., The impact on entrance exams is also reduced.. Moreover, some universities follow government guidelines. 2025As school violence records began to be proactively reflected starting from the school year,, The older students are, who are more sensitive to entrance exams, the more likely they are to file lawsuits.. The purpose of disobedience 'Cancel disposition' than itself 'buy time'This is why the diagnosis that it is close to is coming out in the field..Behind the surge in lawsuits lies the increase in damage reports themselves.. Ministry of Education '2025year 1Primary School Violence Survey'If you look at, Students who complained of school violence 2022year 5only3600number of people, 2024year 6only7700number of people, 2025year 8only1500Number of people increased every year. 3year new 1.5It has doubled..The changed attitude of parents these days also plays a role in the fact that reports lead directly to court.. Even issues that in the past were dismissed as children's pranks now lead to immediate reporting.. 'I was the only one who suffered'There are also frequent cases where even cases close to negligence on both sides are defined as violence.. There are many analyzes that it is based on overprotection or special affection for an only child.. Shin Hye-seong, lawyer specializing in school violence(Former Seoul Family Court Judge)Is "In the past, there was an atmosphere where the parents of the perpetrator apologized, but, now 'You are also responsible for what I did wrong.'A common response like"explained.As legal responses became standardized, the process of dealing with school violence became a stage where economic disparities were revealed.. Parents who can afford to pay legal fees fight until the end., Parents who fail to do so end up giving in even though they are not at fault.. A parent of a victim said "The cost of psychological counseling was subsidized by the Office of Education, which eased the burden., The cost of litigation was burdensome.. Parents of victims of school violence raised money and filed a lawsuit"He said. We have reached a stage where even the affected parents must cover the costs through joint investment to fight within the system..Especially when disobeying school violence measures., Parents become more impatient than the parties concerned. Daewon Kim, attorney at Daeryun Law Firm(Former Incheon Southern Office of Education School Violence Measures Review Committee member)Is "In order to change the outcome of school violence, it is necessary to prove significant deviation or abuse of discretion., This is no easy task"and said. To make matters worse, when criminal cases are combined, the school violence committee is opened late or reopened after seeing the results of the criminal cases., For parents who do not have the psychological and financial resources, the pain only deepens..The more fundamental problem pointed out by legal experts who have seen school violence incidents up close goes into this one step further.. The school violence handling system itself 'Extreme perpetrators and extreme victims'It was designed with the assumption that. separate immediately, school suspension, Strong measures such as no contact are necessary to protect the students who are truly harmed.. However, Attorney Shin "Conflicts increase as the same measures are uniformly applied to cases that are close to false reports or to very minor incidents."points out.One case he argued was an elementary school. 6It happened among female students in grade. The incident in which some students sent an unpleasant note to a friend was recognized as school violence., During the reporting process, past friends "fool"Even the jokes that were teased were all dragged out.. In the end, even students who had nothing to do with the message were reported as perpetrators., Some of them are 'Not school violence' It was only after receiving the disposition that I was able to escape the procedure.. Lawyer Shin "When you were young, even if you and your friends got into a fight, didn't you make up the next day?"as "Nowadays, the moment a parent reports, separation is applied immediately and they are not even given a chance to apologize."and said.Where communication is lost, the gap in perception deepens.. The person identified as the perpetrator wants to apologize, but there is no way., The person who reported as a victim gets angry without receiving an apology.. Lawyer Shin "There are many cases where both parents are reasonable people."Although "However, even contact information is not shared., During the time of disconnection, the other child becomes increasingly perceived as a bad child."said.dispute 1Teachers' seats have become smaller in classrooms where cars are used.. After school violence issues were unified under the jurisdiction of the Office of Education, there was almost no room for teachers to directly intervene.. Lawyer Shin "Teachers can see who is unfairly treated."Although "If you side with the wronged party, it is common for the other parent to come to school and yell at you., In the end, there are many cases where we just walk away without taking anyone's side."He said. He said that in cases where minor cases go to court,, In most cases, there is a problem with one or both parents of the perpetrator or victim.. The burden is passed entirely on to the teacher..The unification of the Office of Education itself is a product of trial and error.. At one time, individual schools held their own school violence committees.. As responsibility was vested in the school principal, there was also a positive aspect of attempting to resolve the issue independently at the school level.. However, as procedures such as committee composition and convening notification were carried out by non-legal experts, procedural defects occurred frequently.. Lawyer Shin "Even though it is a matter that could be recognized as school violence, there have been accumulated cases of decisions being broken in administrative litigation due to procedural flaws."as "A vicious cycle was created where the school felt burdened by having to impose the same measures again, so it retreated to lighter measures."said. Unification was a response to side effects, but, As a result, his diagnosis is that both fieldwork and expertise have been lost.. "The school must take center stage and encourage mediation and reconciliation."Nevertheless, the common opinion of experts is that the school should hold the key to the problem.. It is pointed out that the school's neglect of its role lies behind the fact that the response to school violence has been swayed by the logic of the legal market.. Attorney Daewon Kim "The original purpose of the school violence system is to nurture the perpetrators into healthy members of society by guiding them and resolving disputes."He said "To achieve this, active intervention by the school is essential., In reality, the field is ignoring this responsibility due to administrative burden."pointed out.In fact, in some schools, when an issue occurs, the incident is minimized or concealed., On the contrary, there is a strong tendency to mechanically hand it over to the school violence committee without educational guidance.. A place where educational solutions that need to be achieved within the classroom have disappeared., This is replaced by dry administrative procedures.. Attorney Kim "Ultimately, both victims and perpetrators are objects of protection that schools must embrace and teach."He called for a responsible role for the school.. Then he "School shouldn’t just be a place to process paperwork"as "The school must take the center stage from the beginning of the issue and find educational solutions first, such as encouraging mediation and reconciliation between students and parents."suggested.It is clear why the role of schools is urgent.. Once violence occurs, This is because no system or law can completely erase the scars left on a child.. There are many cases where the victim transfers or leaves school., Some people end up making extreme choices and end their lives.. This has nothing to do with the social status or reputation of the family..A clear example is the story of actor Kwon Oh-joong.. He recently spoke on a broadcast about his son, who suffers from a rare disease, being a victim of school violence.. He sobbed as he relayed the pain of his son, who had glass stuck in his throat and had to crawl to the bathroom.. "It can happen because children are young."I said it calmly, but, The heart of a father who had to take his bleeding son to the emergency room finally broke down..Therefore, the increase in the number of courts dedicated to school violence is more of a reactive response to increasing disputes.. The problems experts point out are also at a stage before the dispute reaches court.. established by the system 'extreme school violence'The gap between the conflict and reality, Lack of expertise at the deliberation stage, And that is the lack of communication in the classroom..I go back to that classroom again. A book thrown at the end of recess, If it were at school, it would have ended with an apology.. However, while the system has closed off the space for that single word to be exchanged,, The case finally reached the court after going through administrative trials and administrative litigation.. Ultimately, the way to reduce court workload is not to increase the number of judges.. It begins with giving back to the school the place where one word can come and go.. MZ Parents have changed 'How to respond to school violence'…Teachers in litigation war 'white flag'In school settings, there are repeated complaints that the mediation function in the classroom has virtually been paralyzed.. In Hwaseong-si, Gyeonggi-do 8A teacher surnamed Kim who has been working for 2 years.(female·35)In a phone call with Sisa Journal, "Even when students reconcile, there are many cases where parents refuse to apologize until the end and insist on taking legal action."as "These days, when it comes to school violence, teachers often withdraw their hands.. In some cases, teachers are held accountable for incorrect intervention."and said. In addition to the burden of having to testify as a witness,, In the process of dealing with school violence, the number of cases where teachers are the target of raising issues is increasing, and the space for mediation in the classroom is becoming increasingly narrow..In a situation where even teachers have given up their hands, where can parents of victims of school violence turn?. Sisa Journal 4month20From work 4month30Parents whose children are victims of school violence met while working 3Each person’s story was different, but "The most realistic measure at this stage is to leave a record in the student record."They all agreed in one voice:. This means that in a situation where mediation in the classroom does not work, the only institutional mechanism that parents can rely on is the student record..Parents of victims "Leaving a record in the student record is a realistic remedy."have children in elementary school AMr. "Punishment is needed not only for the instigators of school violence but also for all students who participated.. Isn't it something that can be reversed when children's hearts are hurt?"and said. he is "I found out as the investigation began.. That the child was dealing with all the perpetrators and the conscienceless school administration alone."He said "I resent myself for forcing a child to go to school when he said he didn't want to go to school."said.Similar feelings of helplessness were felt by other parents as well.. have children in middle school BMr. "When a child refuses to go to school, there is a reason.. However, the school's position was different."as "My child was assaulted and cursed at., The perpetrator 1call disposition(written apology)ended up receiving. Now I'm thinking of moving for my child."said. Having a child in high school CMr. too "The school's response to my child who was assaulted was a written apology.. A world where only those who are harmed are treated unfairly"He said "The disposition is too light compared to suffering a lifetime of trauma and destroying the family together."It was said.In order to hear both sides' positions, reporters contacted the parents of students identified as perpetrators of school violence. DI also met Mr.. DMr. "The student who claimed damage and my child were originally close friends."as "However, at some point, he formed solidarity with other students and suddenly started blaming my child as the perpetrator."claimed that.he is "Reporting to a broadcasting station without confirming the facts, They are only making one-sided claims against the media."as "They are even threatening to file a civil lawsuit., This only appears to be an intention to completely ruin the child's life rather than an explanation through the school violence committee, which is a legitimate procedure."He complained.actually DIt was confirmed that Mr.'s children and the victims had a long-standing bond as seniors and juniors in the sports department.. The specific facts will be determined through future legal battles., DThe position is that much of what is currently known has been maliciously exaggerated.. However, in a situation where one is already labeled as a perpetrator, DYour child's place at school has virtually disappeared.. DHe claimed that he had the impression that the school and the school violence committee were already treating his children as criminals and moving forward with a conclusion even before the investigation was completed..The problem is that the arguments of both sides run parallel paths., Even before the true nature of the incident is revealed, the emotional rift between parents deepens to an irreparable level.. This acts as a decisive obstacle to reconciliation between the parties.. Education sites also complain of frustration.. The teacher surnamed Kim mentioned earlier "From the teacher's perspective, there is no way he would feel at ease because both the perpetrator and the victim are the same students."Even though "If you support one side's position, you may be caught up in responsibility, so it is realistically impossible to actively engage in mediation."He confessed. Reporter Taejun Lee jun@sisajournal.com) [View full article] A classroom where a single thrown book causes special injury... ‘School violence’ piles up in court (link)

Recently, the legal market is demanding close services and advanced expertise beyond simple legal dispute representation.. Daeryun Law Firm continues to grow unwaveringly even in these turbulent times, showing its potential as a major law firm.. Daeryun last year was about 1300Recording sales of billions of won 2Law firm industry for consecutive years 9rose above. previous year(1126billion won) contrast medicine 15.4% with increased numbers, Among large domestic law firms, Sejong(18.0%)It is the second highest growth rate after. Bold innovation and practice lie behind this rapid growth.. Daeryun developed its own ‘AIDaeryun’class ‘MYDaeryun’ Legaltech by application(Legal technology·Data and algorithm-based legal services)was implemented proactively.. In addition, it is the first in the industry to refund fees in case of service dissatisfaction. ‘Litigation(訟務·Legal Advice and Litigation) Quality assurance system’introduced, American partner law firm SJKPAlso led a class action lawsuit in New York federal court.. Based on this, we are creating new standards not only in Korea but also in the global market.. Kim Kuk-il, CEO of Daeryun Management, “Continuous growth is the result of customer satisfaction and trust in the high-quality legal services that Daeryun has pursued.”said. -2consecutive years ‘9above law firm’ stayed in place. The secret is that the growth rate is particularly notable.. “From the beginning of its establishment, Daeryun did not stop at simple external expansion but focused on catching two birds with one stone: profitability and efficiency.. An indicator of particular note is the so-called measure of substantial management. ‘lawyer 1Sales per capita’am. Daeryun's lawyer 1Sales per person are approx. 5100 million400010,000 won, based on large domestic law firms 7It's at the top level. Two places higher than overall sales ranking. This is a visible indicator that shows how high-density services Daeryun members are providing..” -American law firm SJKPThe synergy with. I heard that a lot of thought was put into the performance announcement process.. “American partner law firm SJKP We discussed in-depth internally whether to announce performance in conjunction with domestic sales.. After much consideration, we decided to separate and disclose only the sales of Korean law firms this year.. I was careful because it could be seen as a superficial show off.. However, as unnecessary suspicions may arise surrounding the non-disclosure of performance, a transparent disclosure method was chosen.. From next year, Daeryun and SJKPAlthough it is a separate corporation, we are actively considering ways to disclose it together..” -In particular, a class action lawsuit filed against Coupang's U.S. headquarters at the end of last year received attention.. The law firm handling local litigation in the United States is Daeryun. SJKPThe only reason I took an active role was. “The starting point was the desperation I felt as a person who experienced personal information leakage from the e-commerce platform Coupang before becoming a manager.. US Class Action to Overcome Limitations of Domestic Litigation(Class Action·class action lawsuit)and strategic use of the punitive damages system.. In Korea, only those involved in the lawsuit receive relief, but in the United States, the rights and interests of all victims are protected.. Daeryun’s cross-border movement moves without borders through response to the U.S. federal court(Cross border·Transact across borders) Demonstrates practical capabilities." -As companies' entry/exit and tariff response become more frequent, risk management capabilities in the cross-border field are emerging as a key task for law firms.. Daeryun’s competitiveness in this field is. “The core of cross-border risk management is Daeryun and New York’s collaborative law firm SJKPcombining the expertise of ‘Two-way one-stop collaboration system’am. When a domestic company enters the U.S., it is responsible for supporting corporate establishment and checking tax risks.. Conversely, when an American company lands in the Korean market, we provide a customized package to ensure a stable settlement and manage legal and management risks in both countries.. To respond to growing global uncertainty SJKPwith ‘Global Complex Crisis Response TF(Task Force·Special task force)’is also in operation. Recently, companies are placing more emphasis on maintaining existing businesses and managing risks rather than new investments.. In line with this, we are deploying experts from both countries to focus on presenting a close-knit strategy beyond simple advice.. Daeryun's greatest competitiveness is that local experts work directly to resolve actual disputes such as restructuring and bankruptcy.." -self-developed AIDaeryun, MYWe are also leading the legal tech market through Daeryun and others.. artificial intelligence(AI)What changes are being made to the actual legal service field through this?. “The global legal market is already being reorganized around technology.. Daeryun also follows this trend. AIDaeryun has been continuously upgrading. We taught students to go beyond simple information searches and analyze in detail the vast amount of precedents and winning cases accumulated every year.. AIPrecedent search and data analysis, By providing support for writing, etc., lawyers can now focus more on establishing legal strategies and communicating with clients.. Through this, we were able to improve the high cost structure of legal services and further increase consumer accessibility..” -In the second half of last year, it became the first domestic law firm to introduce a litigation quality assurance system.. The background to the unconventional refund policy is. “I wanted to correct the wrong practice of some legal circles that promise to solve all problems before accepting a case, but then fail to communicate after the contract and continue to provide insincere defense.. The Litigation Quality Assurance System is a promise to take full responsibility for the quality of legal services provided by Daeryun.. If you are not satisfied with the service, we have stipulated a system to refund fees according to established standards.. This is Daeryun's firm management philosophy that places customer trust as its top priority.. It is not a simple refund guarantee, but an expression of our strong will to provide a high-quality service that does not require refunds..” -The secret to high customer satisfaction while handling a vast amount of cases is. “annual 1only5000Daeryun's core competitiveness is the extensive practical data accumulated by carrying out more than one case.. Last year, we established a new Litigation Management Headquarters under the belief that as the scale of case management grew, customer management could be neglected.. The headquarters serves as a control tower to prevent poor arguments and missed communication in advance.. Customers who actually entrusted their cases to Daeryun 3800Results of a survey of 80 people, 98% This is more ‘I am satisfied’I answered. A small number of negative feedbacks are also strictly reflected when evaluating attorneys, making every effort to prevent recurrence and manage quality..” -Daeryun’s future law firm model and global strategy are. “Daeryun's global strategy has already gone beyond declarative slogans and is on a practical track.. We plan to complete a global network connecting Asia and Europe with the visible results and know-how achieved in the U.S. market.. Tokyo, Japan, shanghai china, We plan to implement borderless, high-quality legal services by entering major cities such as London, England.. Beyond simple ranking competition, we will protect customer rights and interests with Daeryun’s accumulated practical data and innovative system anywhere in the world..” -What I want to say is. “Daeryun's rapid growth is the result of continuing innovation solely from the customer's perspective, without being bound by the outdated practices of the existing legal profession.. Rather than simply being a large law firm, we want to be a reliable legal partner that anyone can easily knock on and trust.. We will grow into a global standard law firm that thinks from the customer's perspective and takes the lead in protecting practical rights and interests..” [View full article] Rapid growth through innovation instead of custom... “We will become a law firm that anyone can easily knock on” (Shortcut)

Daeryun Law Firm announced on the 8th that it successfully completed the 'U.S. Tariff Refund and Trade Risk Response Webinar for Foreign Companies' held jointly with the Korea Foreign Companies Association (KOFA). This webinar was prepared to analyze the tariff refund process, which has recently begun in earnest following the U.S. Supreme Court's recent ruling that the International Emergency Economic Powers Act (IEEPA) was illegal, and to explore companies' preemptive trade risk response strategies. At this event, executives from foreign companies as well as managers from legal, financial, and SCM departments participated and showed great interest. In the first session, Myeong Jae-ho, a customs expert, presented as a speaker on the topic of the U.S. IEEPA tariff refund system and the latest practical trends. Commissioner Myeong explained the step-by-step application scope and practical procedures of the 'CAPE (Consolidated Administration and Processing of Entries)' system, the online refund portal of the U.S. Customs and Border Protection (CBP), which began operation on the 20th of last month. Commissioner Myeong emphasized, "This refund is not an automatic refund according to the Supreme Court ruling, and can only be received if the official importer (IOR) applies directly through the CAPE system." He also advised that securing a financial account in the United States is essential, and that separate procedural alternatives, such as objections, should be prepared quickly to respond to cases that are not subject to application for the system. In the second session, foreign attorney Dong-hoo Son (USA) gave a lecture focusing on major issues after refunds. Attorney Son requested an approach that clearly separates the actual receipt structure of the refund and the legal attribution structure. Attorney Son pointed out, "In DDP (Duty Paid Delivery) transactions, etc., if the IOR on paper and the actual duty bearer are different, there is a risk that the refund will be paid preferentially to the entity other than the economic bearer." He continued, "To prevent such disputes, the pre-contract structure such as rights transfer and profit sharing should be closely organized and the transaction linked to Articles 301 and 232 of the Trade Act. “We also need to comprehensively examine trade risks in the future,” he emphasized. Kim Kuk-il, CEO of Daeryun Management, said, “This webinar was an opportunity to look at the practical pitfalls and structural risks that foreign companies may face in a situation where refund opportunities worth approximately $166 billion (KRW 244 trillion) are open.” He added, “I hope that in the future, companies will clearly establish who is legally attributable and secure logical consistency to prepare for the unfolding trade wave.” Eunhye Lee (zhses3@joseilbo.com)[View full article] “The path to refund 244 trillion won in U.S. tariffs has been opened”… Daeryun, Customs Refund/Trade Webinar Successfully Completed (Go here)

Even external undisclosed data can be collected. Applies to a wide range of requests, including emails and electronic data. 'Group authentication procedure' is also an issue. The first date of the US class action lawsuit for damages worth $5 million (approximately KRW 7.3 billion) filed by users in connection with the 'Coupang personal information leak' incident will begin in June at the federal court in Brooklyn, New York. As the discovery process begins to force the wide disclosure of the other party's information before a full-scale trial, attention is being paid to whether Coupang's internal response process and personal information status will be disclosed in court. At the initial conference, the main issues of the case, scope of evidence discovery, and future litigation schedule are expected to be discussed based on the 'Joint Discovery Plan' submitted by the plaintiff and defendant. The class action suit (punitive damages) filed by Daeryun Law Firm's U.S. partner law firm SJKP against Coupang Inc and Coupang Inc Chairman Kim Beom-seok in February is scheduled for a full-scale hearing in the U.S. court. Both sides plan to submit a 'joint discovery plan' to the court in June, and the first trial will be held at the Brooklyn Federal Court presided over by Judge Marcia M. Henry. The joint discovery plan is a document that organizes and discusses in advance which materials will be disclosed and investigated in the future, to what scope and in what manner, and is prepared based on Article 26 of the U.S. Federal Rules of Civil Procedure (FRCP). This means that the legal verification stage of Coupang's internal data and management's decision-making process begins in earnest, rather than a simple procedure. In particular, the first date is not a place to simply discuss formal procedures, but a process in which the court quickly organizes the issues of the case and future schedule. U.S. federal litigation differs from Korean civil litigation in that the court is actively involved in case management from the beginning, and information disclosure procedures between the parties are also extensive. This lawsuit seeks responsibility for the Coupang personal information leak that occurred in November 2025, and the compensation claim is worth $5 million. The plaintiff claims that Chairman Kim did not fulfill his obligation to protect customer information as the final decision-maker of security policy and was insufficient in establishing and managing the security system. Additionally, it is believed that Coupang Inc was negligent in violating its personal information protection obligations and that this constitutes a violation of implied contract and unjust enrichment. Violation of New York State's Deceptive Business Practices Prohibition Act was also cited as the main cause of claim. The plaintiffs in the class action lawsuit were composed of U.S. citizens Mr. Lee and Ms. Park as representative plaintiffs, and over 7,800 domestic Coupang users were set up as a separate class. Dong-hoo Son, an American lawyer at Daeryun Law Firm, said, "A class action lawsuit is structured in that a representative plaintiff files a lawsuit on behalf of all who have suffered similar damages. In reality, many more victims are included in the scope of validity of the lawsuit." He continued, "The total number of people ultimately included in the scope of validity of the lawsuit will be officially confirmed through the court's class certification process in the future, and the possibility that the number of victims will further increase in the process cannot be ruled out." In addition, Attorney Son said, "The majority of victims will be harmed by representative plaintiffs during future trials." It is expected that the class certification process, which determines whether it can be commonly applied to victims, will be an important procedural gateway. Attorney Son explains that in the future, the main issues will likely be the details of the defendant's actions, whether or not actual damage occurred and the extent of damage, and the possibility of Chairman Kim's individual admission of responsibility. Meanwhile, Coupang's U.S. investors, including Greenox and Altimity, submitted a letter of intent to arbitrate an international investment dispute (ISDS) against the Korean government in January. They reportedly claimed that they suffered investment losses during the Korean government's fact-finding investigation into the Coupang personal information leak, and that the Korean government violated its fair and equitable treatment obligations under the Korea-U.S. Free Trade Agreement (FTA). In the ISDS procedure, the letter of intent to arbitrate is a document in which an investor notifies the state in advance of its intention to file a dispute. After submitting a letter of intent, both sides usually negotiate for 90 days, and the negotiation period, called the 'cooling period', ended on the 22nd of last month. Reporter Jeong Min-hoon whitesk13@naver.com[View full article] [Exclusive] US $5 million class action lawsuit over ‘Coupang personal information leak’, first date in June… “Submit discovery plan” (link)