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Running away after drunken hit and run(obstruction of justice)Alcohol measurement is impossible, Shin Young University ‘Kim Ho-jung prevention method’ Trot singer Kim Ho-jung accused of hit-and-run while drunk driving(33)While Mr. Kim and the representative of his agency were arrested and indicted, ‘drunk driving charge’is being excluded, causing public outrage.. “I drank alcohol, but I am not drunk driving.”There is criticism that the claim has become a reality and that the loopholes in the judicial system have been clearly revealed.. In the end, Democratic Party of Korea lawmaker Shin Young-dae issued a so-called speech containing angry public opinion.(tentative name) ‘Kim Ho-jung prevention method’It was proposed until. Experts point out that he is a celebrity loved by the public. “It will be hard to be forgiven”pointed out. Seoul Central District Prosecutors' Office Detective5wealth(Chief Prosecutor Kim Tae-heon)is ahead 18Mr. Kim violated special price law(Dangerous driving injury, Fleeing fatal injury), Violation of road traffic laws(Post-accident measures), He was arrested and indicted on charges of instigating criminals to escape from India.. After transferring the case, the prosecution conducted forensics and call records of the defendants' mobile phones and closed circuits.(CC)TV It was revealed that through image quality improvement, etc., it was clearly established that Mr. Kim had difficulty driving normally due to the influence of alcohol.. However, due to Mr. Kim's obstruction of justice, such as changing drivers, it was impossible to measure blood alcohol concentration, which was a violation of the Road Traffic Act.(drunk driving) part was not prosecuted. Reverse estimation of blood alcohol concentration ‘Widmark’ It was believed that it was difficult to specify the drinking level using the formula.. ‘Widmark’ The formula estimates the blood alcohol concentration level at the time of driving by applying a general reduction value., Kim's obstruction of justice(Running away after committing a crime)This is because the exact figure is not known.. Afterwards, he took his time denying the drunk driving charge, citing his manager as the leader.. Ultimately, the police, unable to measure Mr. Kim's exact level of alcohol consumption at the time of the accident, applied the Widmark formula and determined that Mr. Kim's blood alcohol level at the time of the accident was the standard for license revocation.(0.03%)It was judged to be over the limit and handed over to the prosecution.. The prosecution “We will do our best to maintain the prosecution so that a sentence commensurate to the crime is imposed., In the future, the lives of innocent citizens will be threatened. ‘Running away after a drunken car accident’We will respond sternly to obstruction of justice that plays with the judicial system.”said. As loopholes in the law are revealed, calls are being made to revise the law.. ‘my2Kim Ho-jung incident of’Improve weedmark accuracy to prevent, This is because regulations are needed to punish intentional interference with measurement.. Shin Young-dae, a member of the National Assembly's Planning and Finance Committee and the Democratic Party of Korea, said, ‘Kim Ho-jung prevention method’(Partial amendment to the Road Traffic Act)The day before(19Day) proposed. The amendment proposed by Rep. Shin prohibits drinking additional alcohol for the purpose of making it difficult to measure drunkenness., In case of violation 2more than a year 5Imprisonment of less than one year 1000More than 10,000 won 2000It is subject to a fine of less than 10,000 won.. Rep. Shin “Intentional additional drinking is a serious crime of avoiding responsibility for one's actions and willfully obstructing the course of justice.”pointed out. The legal community predicted that he would not be able to avoid imprisonment.. Lawyer Kim In-won of Daeryun Law Firm said on this day,(20Day) In a phone call with Segye Ilbo “Even though Mr. Kim was not indicted for drunk driving, he was charged with causing injury by dangerous driving and causing injury while fleeing under the Aggravated Punishment Act for Specific Crimes., Post-accident measures under the Road Traffic Act, He was indicted on charges of instigating the escape of criminals.”as “Even if an accurate breathalyzer test was not performed CCTVLooking at the vehicle in , injuries were caused while normal driving was impossible., In particular, no relief measures were taken.”pointed out. mudfish “Mr. Kim is a celebrity loved by the public and has received love and support from fans.”as “However, I drank alcohol before the performance.. This is a musician(tenor)There seems to be a problem as. As a lawyer and musician, I can't even imagine drinking alcohol before a performance.”and pinched. And then “The sense of betrayal fans will feel is indescribable.”as “Mr. Kim has two problems:. Drunk driving itself is bad, but betraying the trust of fans is difficult to forgive.”and said. In addition, Attorney Kim “This corresponds to a reason regarding normality., The punishment can be severe.”as “An agreement was reached with the victim, but a prison sentence is expected.”He predicted that. Meanwhile, Mr. Kim last month 9day night 11city40He is suspected of running away after causing an accident by hitting a taxi on the opposite side of the road in Apgujeong-dong, Gangnam-gu, Seoul.. Instead of Mr. Kim, who ran away immediately after the accident, Mr. Kim's manager falsely surrendered himself. 'change driver' suspicions were raised. Mr. Kim went into hiding. 17After some time, he appeared at the police station and admitted to driving.. Mr. Kim, who denied the suspicion of drinking, CCTV When the circumstances of drinking were revealed, including in the video, 19He admitted to drinking on the job. 24I was arrested. Seoul Gangnam Police Station last month 31Mr. Kim and his agency officials were sent to the Seoul Central District Prosecutors' Office.. Mr. Kim said the accident occurred. 3510,000 people passed by 13It was revealed that there was an agreement with the victim.. Kim Ho-jung’s side “Agreement with the victim was delayed because the police did not provide contact information.”However, the police “What you didn't try”He refuted that. The police “It's personal information, so the police shouldn't give out your number.. (contact information) The police who did not inform us followed the rules well.”He emphasized that. And then “You should make an effort to identify the victim and find a taxi company, not blame the police.”He said emphatically.  [View full article] - Kim Ho-joong cleared of drinking charges, citizens ‘public resentment’…bar “It will be hard to be forgiven” (Go to)

2M CEO Jang Hyeon-guk said, "Organic collaboration through MOU with Daeryun will be of great help."Daeryun CEO Go Byeong-jun said, "We will provide high-quality legal services from experts." Daeryun Entertainment and Sports Group of Law Firm (Limited) announced on the 14th that it signed an MOU with Entertainment 2M. According to Daeryun Law Firm (Limited) on the 20th, the MOU signed on the 14th at the headquarters in Yeouido included Daeryun CEO Kim Kook-il, CEO Go Byeong-jun, and Entertainment 2M. Representatives including CEO Jang Hyun-guk, director Han Eun-jeong, general manager Park Sang-guk, and planning manager Seung-hyeon Cho were in attendance. Entertainment 2M is a creative entertainment company that creates culture and arts, including operation of events such as the 2022 Youth Companion Meeting, Free Youth Solidarity Declaration Ceremony, and 2023 Youth Day, performance planning, advertising agency, and design. Through this agreement, ▲contract and transaction structure consulting ▲review of various contracts ▲entertainment industry Measures for related disputes will be prepared ▲We plan to cooperate with each other in sharing various issues related to the entertainment industry. Entertainment 2M CEO Jang Hyeon-guk said, "We expect that organic collaboration through the MOU with Daeryun will be a great help in creating a sound performance culture that 2M Entertainment is pursuing. Entertainment 2M needs legal advice in the overall culture and arts field in leading the cultural industry in various fields. Daeryun will be helpful." “I think so,” said Go Byeong-jun, CEO of Daeryun. “Compared to the quantitative and qualitative growth rate of the Korean entertainment industry, the reality is that legal and institutional regulations are not keeping up with the industry’s growth rate, and as a result, numerous legal disputes may arise,” he said. “Daeryun Entertainment and Sports Group will contribute to fostering the cultural industry by providing high-quality legal services from experts with abundant experience in the entertainment and sports fields, where various legal disputes can arise.” As the field is rapidly emerging as a high value-added business, the Entertainment and Sports Group has been established to professionally respond to various legal issues.  [View full article] - Daeryun Law Firm signs MOU with Entertainment 2M (Click here)

Busan District Court "dismisses the defendant's appeal"... Victims say, "We shouldn't go to the Supreme Court" In the first trial of the 18 billion won jeonse fraud case in Busan last month, the court sentenced the defendant to a heavier sentence than the prosecutors recommended, saying, "It is a serious crime of using the rental deposit, which is almost the entire property of ordinary people, as a means of profit-seeking." On the 20th, the appeals court also upheld this judgment. The victims and civil society reacted by saying that a natural conclusion had been reached. Criminal Division 4-1 of the Busan District Court dismissed the appeal of Mr. Choi, in his 50s, who was indicted on fraud charges at the sentencing hearing held in courtroom 354 on this day. The court, which considered the original trial's sentence to be appropriate, did not accept the defendant's argument, saying, "There are no special circumstances to change it." After the first trial sentence, Mr. Choi immediately submitted an appeal, saying that the sentence was severe. Mr. Choi was handed over to trial on charges of failing to return 18 billion won in rental deposits received from 229 tenants of 9 buildings, including studio apartments, through capital-free gap investment from 2020 to January of last year. The damage amount at the initial indictment stage was 16 billion won, but the amount increased as additional damage was confirmed. Regarding this, Choi's lawyer protested, saying, "We are making efforts to repay," but the prosecution requested a 13-year prison sentence from the court due to his denial of the crime and lack of remorse. However, Detective 1 of the Eastern Branch of the Busan District Court in charge of the case increased the actual sentence to 15 years. The crime is serious and the social harm is great, so a heavy sentence is inevitable.  At the time of the ruling, the judge's courtroom remarks that made the victim cry received attention. Chief Judge Park Joo-young, who introduced the names of those who collected the deposit from Mr. Choi and the contents of the petition, pointed out the problem of the social system that created good victims, saying, "Please never blame yourself or blame yourself." He said he desperately hopes for their return to normal life. Since the appeals court also found that there was no problem with the first trial's ruling, if Choi does not knock on the door of a higher trial, the sentence could be confirmed as is. However, victims were concerned about the possibility of going to the Supreme Court. Mr. Choi, in his 30s, a victim of a rental fraud who left the court, said, "I did not receive a deposit, and there was no apology. It would be completely unacceptable to appeal after causing such pain." Despite successive convictions, compensation for the damage they are suffering is difficult to resolve. Son Soo-yeon (Daeryun Law Firm), the victim's lawyer, said, "Even though the sentence was maintained, there was no actual damage recovered, so it seems like we need to look into civil affairs, etc." and added, "The victims would normally try to reach a settlement at this level, but they feel devastated by the defendant who has not even said an apology to the point of being shameless." Civil society also agreed with the victim's claim and the court's judgment. An official from the Busan Civil Society Countermeasures Committee to resolve the problem of jeonse fraud and tin rent, which is formed by Busan People's Solidarity for Participatory Democracy and Busan People's Defense, pointed out, "This is a result of reaffirming that jeonse fraud is a serious social crime," and added, "As Mr. Choi spoke of forgiveness and payment for his crimes in his court statement, he must accept the sentence and begin to recover as a victim."  [View full article] - 18 billion won jeonse fraud 2nd degree sentence: 15 years in prison maintained... What about compensation? (Shortcut)

Widmark formula applies the blood alcohol concentration calculation technique at the time of drunk driving. It is not possible to determine whether the blood alcohol concentration exceeds the punishment standard at the time of actual drunk driving. As a result, the blood alcohol concentration rises at the time of arrest... Emphasized that it was probably lower at the time of driving. A man in his 40s who had a history of being punished for drunk driving drove drunk again, but was acquitted by applying the Widmark formula, which back-estimates the blood alcohol concentration at the time. On the 12th, the Chungju branch of the Cheongju District Court found Mr. A (42), who had been put on trial on charges of violating the Road Traffic Act (drunk driving), not guilty. Mr. A had previously been drinking accompaniment while on a trip with his family in January. After drinking, he got behind the wheel and was caught by a police officer conducting a drunken driving control at the scene. At the time of arrest, Mr. A was found to have had a blood alcohol concentration of 0.030%, which was at the level of a suspended license. It was confirmed that Mr. A had a history of being punished for similar crimes. Under the current law, if a fine or more is imposed due to drunk driving, the punishment is aggravated. At the trial, Mr. A's legal representative, Daeryun Law Firm (Limited), argued that it could not be concluded that the drunk driving punishment standard (0.03%) was exceeded by applying the Widmark formula, which reversely estimates the blood alcohol concentration at the time of drunk driving. It is presumed that the blood alcohol concentration was lower than the measured value at the time of measurement and was reached at the time of actual driving. The court said. Regarding the reason for the not guilty verdict, he explained, "When applying the Widmark formula, which is a scientifically proven fact, the defendant has a blood alcohol concentration of 0.03%, which is the punishment standard for drunk driving prescribed by Article 148-2, Paragraph 3, Item 3 and Article 44, Paragraph 1 of the Road Traffic Act. The indictment in this case corresponds to a time when there is no proof of a crime." Attorney Se-cheol Gil of Daeryun Law Firm (Limited) “The Widmark breathalyzer formula is a technique to calculate the blood alcohol concentration at the time of drunk driving when a lot of time has passed since the drunk driving and the driver has sobered up or is below the limit,” he explained. “The drunken state at the time is calculated by considering the driver’s weight, gender, type of alcohol consumed, and amount of alcohol consumed.” He continued, “Because the alcohol breakdown value per hour varies depending on the individual, if you are somewhat unfairly caught for drunk driving, you can use this method to measure your blood alcohol concentration.” “It must be proven that the blood alcohol concentration was rising,” he said. “This case can also be said to be an example of using the Widmark formula to back-estimate the blood alcohol concentration and prove that it did not reach the punishment standard of 0.03% at the time of driving.”  [View full article] - Not guilty on second drunk driving charge?... ‘Failure to meet punishment standards’ (Shortcut)

On July 19th, the Virtual Asset User Protection Act finally goes into effect. Although Korea has an active virtual asset market, it has been difficult to secure the stability of the virtual asset market due to a lack of clear guidelines or regulations. According to the '2023 Virtual Asset Profit Report by Country' published by Chainalysis (Chain Analysis, a blockchain data analysis company), Korea's virtual asset investment profit is said to be 8th in the world, but unlike other advanced countries such as Singapore and Japan, the laws and systems regarding virtual assets are still insufficient. The Virtual Asset User Protection Act establishes the government's authority over virtual asset users and imposes an obligation to protect the assets of virtual asset users. It was enacted to protect rights and interests and establish a transparent and sound trading order in the virtual asset market. Since the legal nature of virtual assets has not been established in Korea, even if unfair trading or unfair speculation of virtual assets occurred, existing laws such as the Capital Markets Act, which regulates securities, were applied by analogy, resulting in difficulties. Once the Virtual Asset User Protection Act is implemented, many parts of the gray area of virtual assets will be defined. The Virtual Asset User Protection Act imposes on virtual asset business operators an obligation to protect virtual asset users' deposits and separate storage of users' virtual assets (so-called cold wallet storage obligations), and provides for punishment of acts of using undisclosed important information and unfair price manipulation. In particular, the obligation to separately store virtual assets was imposed to prevent damage from hacking. Hacking of coins occurs frequently, and once hacking occurs, it is not easy to find the hacker and recover the damaged assets. Not only is it technically difficult to track, but hackers are mainly based overseas, so it is not easy to receive international cooperation. Therefore, it would be best to prevent hacking of virtual assets at present. The use of undisclosed important information and unfair price manipulation are equally prohibited under the Capital Markets Act for securities. However, to date, there has been no conclusion as to whether virtual assets will be considered securities, making it difficult to immediately apply the Capital Markets Act in relation to virtual assets. In many cases, people were indicted, but were found not guilty because there was no provision for punishment. Now, a way has been established to sanction unfair trading practices related to virtual assets by explicitly prohibiting them in the Virtual Asset User Protection Act. As a result, the protection of virtual asset users is expected to be strengthened and the virtual asset market can be stabilized. Of course, this is natural, but even if the Virtual Asset User Protection Act is implemented, there are still legal challenges to be solved. For example, there is the ICO discussion. ICO (Initial Coin Offering) is a type of crowdfunding that raises initial development funds from an unspecified number of investors to create a new cryptocurrency. In September 2017, Korea completely banned ICOs, judging them to be speculation. For reference, the United States, Singapore, and Japan regulate it but allow it, while China, like Korea, completely prohibits it. ICOs are not covered by the Virtual Asset User Protection Act that will soon be implemented. However, as IPOs (Initial Public Offerings) are taking place in the stock market, Bitcoin has been approved as an ETF, and has been adopted as legal tender in El Salvador, virtual assets are establishing themselves as currencies around the world. Therefore, it is impossible for Korea, a ‘coin powerhouse’, to completely ban ICOs forever. We hope that the ICO system will soon be stably established and contribute to the development of a healthy virtual asset market. Another example is the scope of application of the law. The Virtual Asset User Protection Act stipulates that it applies even when an act is performed overseas and the effect is domestic. Although virtual asset operators have businesses overseas, such as Singapore, they often receive investment from domestic investment companies. So, even if it is an overseas company, if it receives investment from a domestic investment company, does that mean that the effect is felt domestically? In this regard, it seems necessary to review various cases and establish universal legal principles. Meanwhile, it is said that 48.2 billion yen (approximately 420 billion won) worth of Bitcoin was abnormally leaked from Japan in June. It has been confirmed that some Bitcoins managed in offline storage (cold wallet) were hacked while being transferred to online storage (hot wallet). From the user's perspective, even if they are protected by law, they still cannot be careless about damage to virtual assets. We do not know what direction virtual assets and their regulations will take in the future. There are still a number of legal issues that need to be explored regarding virtual assets. We hope that the implementation of the Virtual Asset User Protection Act will be the first step toward a mature virtual asset market. [View full article] - [Column] Enforcement of the Virtual Asset User Protection Act and remaining tasks (link)

BTS Jin, the eldest brother of BTS, was the victim of sexual harassment after returning to his fans after completing military service on the 12th, even before he was unexpectedly ‘kissed’. BTS fan ‘Army’ expressed her displeasure, saying it was ‘obvious sexual harassment’. Meanwhile, one fan reported those who committed the act. The accident occurred the day before, on the 13th, at the '2024 FESTA' held in the Songpa-gu area of ​​Seoul. Jin personally proposed an event with fans in order to meet closer with the fans who waited for him and supported him until the end before being discharged, and attended the event on this day. The problem occurred during the first part of the fan event, ‘Jean’s Greetings.’ Jin met and hugged 1,000 fans that day. Not only female but also male fans participated in this event, creating a warm atmosphere. Although the hug ended in a short moment due to the large crowd of 1,000 people, the fans looked happy. On the other hand, the excessive behavior of some fans was pointed out as a problem. Some female fans unexpectedly attempted to kiss Jin on the cheek and lips. In response to their sudden actions, Jin turned his face and showed actions to avoid them. This is because it can easily lead to misunderstandings. Jin also showed an unpleasant look, but soon regained his bright smile. After the event, Jin said, "It was more fun and exciting than I thought. If I had more than one body, I would have been able to give hugs to more people a day, but I'm a little disappointed that I could only give hugs to 1,000 people today. Next time, if I can do it at least once before I die, I'll try." However, ARMYs expressed their discomfort, calling it “sexual harassment,” and sued the fans in question. On the 14th, an informant told Segye Ilbo, “During a ‘hug event’, some fans ‘kissed’ us, sparking controversy over sexual harassment.” He added, “On this day (the 14th), we reported the fans in question to Kookmin Newspaper for violating the ‘Sexual Violence Punishment Act.’” He then claimed, “Some fans of BTS took advantage of a situation where explicit and active resistance or avoidance was difficult due to the nature of the ‘hug club’ event, causing sexual shame or disgust and committing ‘sexual harassment’ against good sexual morals, infringing on the victim’s right to sexual self-determination.” He added, “We strongly urge the police to immediately investigate and severely punish the fans on charges of violating Article 11 of the Sexual Violence Punishment Act, ‘Indecent Conduct in Public Places.’” Meanwhile, regarding this case, lawyer Choi Hyun-deok of Daeryun Law Firm explained in a phone call with Segye Ilbo that day, “It appears that the two criminal law requirements for indecent assault and forcible indecent assault in a crowded public place are met.” He advised, “An action taken by a fan (a surprise kiss) can also be considered ‘surprise molestation.’ In other words, a surprise kiss is an exercise of physical force on the body, which constitutes an assault crime and an act of molestation at the same time, so it is a surprise molestation and constitutes forcible molestation under criminal law.” Attorney Choi said, “Considering the nature of the assault, there is a possibility that the prosecution will indict the person for forcible indecent assault, which carries a higher penalty than indecent assault in a crowded public place.” He added, “Indecent assault in a public place is punishable by up to 3 years in prison and a fine of up to 30 million won, and forcible indecent assault is punishable by up to 10 years in prison and a fine up to 15 million won.”  [View full article] - BTS Jin suffered sexual harassment at a fan event… Angry fan accuses ‘sexual violence punishment law’

Even after 10 years of psychiatric treatment, the court said, “The sentence cannot be commuted due to mental illness.” There are suspects who claim a reduction of their sentences on the grounds that they suffer from mental illness after committing violent crimes. However, in recent courts, arguments for a reduced sentence based on so-called ‘mental and physical weakness’ have not been working well. On the 12th, the 11th Criminal Division of the Western District Court (Chief Judge Seong-joong Bae) sentenced Mr. Choi (45), a Korean American national, who was indicted on charges of special injury, to three years in prison. In January of this year, he was handed over to trial on charges of swinging a knife at a man in his 20s whom he saw for the first time in an alley in Seogyo-dong, Mapo-gu, Seoul, causing injuries that required three years of treatment. In this trial, which was held as a public participation trial, seven lay jurors in court presented their guilty and not guilty verdicts and sentencing opinions for Mr. Choi. During the trial, it was revealed that the defendant, Mr. Choi, had been treated for schizophrenia 114 times since 2015. In his final argument, Mr. Choi's lawyer appealed for a reduced sentence, saying, "He has been treated for a long history of mental illness, and because he is a foreigner, there are aspects of him that have been neglected." However, all seven jurors found him guilty. Of these, six were recommended to be sentenced to three years in prison, and one was recommended to be sentenced to five years in prison. The court also said, “The defendant was treated for a long period of time due to mental illness, and it appears that the illness influenced the crime,” but ruled, “The crime is serious because he prepared a weapon in a place where many people go and inflicted injuries on an unknown victim.” Previously, a man in his 80s was stabbed with a weapon on the streets of Dongdaemun-gu, Seoul in 2022. It was revealed that he had a mental illness called ‘paranoia,’ but the court did not recognize the mental and physical impairment, saying, ‘It is judged that he has the ability to discern.’ Cho Seong-geun, an attorney at the Daeryun Law Firm, said, “The negative view toward reducing the sentence for mental and physical impairment is becoming stronger, and there is a trend not to recognize claims of mental and physical impairment for violent crimes.”  [View full article] - “I am reducing your sentence because you are weak-minded”… This passionate ruling doesn't work anymore (Shortcut)

Director Dong-woon Oh held his first personnel committee meeting after taking office on the 13th and discussed the overall operation of the organization, including the appointment of new prosecutors. The Chief Prosecutor and Deputy Prosecutor will be recruited simultaneously. The appointment notice will be posted on the 19th. Newly appointed Director of the High-ranking Public Officials Crime Investigation Service (Corruption Investigation Office) Oh Dong-woon held his first personnel committee meeting (Personnel Committee) after taking office on the 13th and discussed the overall operation of the organization, including the appointment of new prosecutors. The Corruption Investigation Office carried out work for about an hour starting around 10:30 a.m. on this day. It was announced that the current status and future prosecutor appointment plans were reported to the Personnel Committee and the opinions of members were collected. The Personnel Committee is an organization that deliberates and decides on overall personnel matters excluding the Director and Deputy Director of the Corruption Investigation Office. A total of seven people are expected to participate, including the director and deputy director, two members recommended by the ruling party, two members recommended by the opposition party, and one member recommended by the head of the Corruption Investigation Office. However, due to the vacancy in the Deputy Director, this personnel committee meeting was held with 6 people participating instead of the 7 stipulated by the Corruption and Corruption Corruption Investigation Act. On this day, the personnel committee was attended by Director Oh, as well as Lee Seon-bong, an attorney at the Huawoo Law Firm, Jeon Kang-jin, an attorney at the Jipyong Law Firm, who were recommended by the ruling party, Jwa Se-jun, an attorney at the Hanmac Law Firm, and Lee Chang-min, an attorney at the Changdeok Law Firm, who were recommended by the opposition party, and Lee Jun-hee, an attorney at the Daeryun Law Firm, who were recommended by the Director. Attending the Personnel Committee. It is said that the committee members particularly sympathized with the urgency of hiring new prosecutors at the Corruption Investigation Office. As of this month, there are 19 prosecutors working at the Corruption Investigation Office, which does not meet the quota of 25 prosecutors, including the director and deputy director. At the end of last month, the resignation submitted by former 1st Investigation Department Director Kim Seon-gyu, who had been acting as deputy director, was accepted, and Chief Prosecutor Kim Myeong-seok, a human rights investigation policy officer, also expressed his resignation. If Chief Prosecutor Kim's resignation letter is processed, he will work at the Corruption Investigation Office. The number of prosecutors will be reduced to 18. Two of the six positions of chief prosecutor will be vacant. A lawyer who attended the personnel committee meeting that day told Newsis, "There are about six vacancies for prosecutors in the Corruption Investigation Office, and I heard an explanation as to what procedure will be used to fill them." He added, "It is highly likely that the chief prosecutor and rank-and-file prosecutors will be filled at the same time." It is reported that the Corruption Investigation Office will post an appointment notice on the 19th. Thereafter, we plan to hold a second personnel committee meeting in August to discuss the reappointment of prosecutors. Director Oh said, "We want to make the Corruption Investigation Office a strong and stable organization," and added, "I hope that the personnel committee will meet the public's expectations and aspirations and produce practical results based on the spirit of agreement, which is the purpose of forming the personnel committee under the Corruption Investigation Agency Act."  [View full article] Newsis - Ministry of Public Prosecution of Corruption Investigation, promotes appointment of new prosecutors... Announcement of appointments within next week (Shortcut) News 1 - Ministry of Corruption and Corruption Investigation, first meeting of 2nd personnel committee "Consensus on need to quickly fill prosecutors" (Shortcut) Edaily - Ministry of Corruption and Corruption Investigation, holds first meeting of Personnel Committee... Oh Dong-woon "We will create a strong and stable organization" (Shortcut) The Fact - The first personnel committee of the 2nd Corruption Investigation Office... Oh Dong-woon "Expecting a strong organization" (Go to) Asia Today - Corruption Investigation Office, first step toward 2nd personnel committee... Follow-up greeting speed (shortcut)

Preference for probation without immediate financial burden varies depending on the financial circumstances and values ​​of the defendant. Argument for the introduction of a ‘daily fine system’ to increase the effectiveness of fines. “This is completely wrong.” This is what a defendant said when he was given leniency with a fine by the court during a recent criminal trial at the Busan Court Complex. He then said, "When I consulted with my lawyer, I confessed because I was told that I would be sentenced to probation if I admitted to the crime, so I confessed," and urged the court to sentence him to probation, which is a more severe sentence than a fine. A suspended sentence is a more severe punishment than a fine, so the court, who was clearly embarrassed, sent the defendant back with the words, "Appeal and get a new judgment." The reason the defendant asks for a suspended sentence is interpreted to be because suspended sentences do not cause immediately visible damage or financial burden. When a fine is sentenced, as a rule, the entire amount must be paid in a lump sum within 30 days from the date of decision, and financial expenses are incurred immediately. On the other hand, with probation, there is no financial loss and you do not have to spend time in prison, so you are free. Attorney Kim Dong-jin of Daeryun Law Firm (Limited) said, “A fine requires payment immediately, but (defendants) think that probation is a risk that transfers the prison sentence to the future and disappears.” He added, “Thoughts about probation are different depending on each person’s economic situation or values. Occupations in large companies or public institutions have the continuity of their jobs if they receive probation according to regulations. On the other hand, for self-employed people who are not affiliated with others, they much prefer suspended sentences rather than fines,” he explained. In Korea, the punishments are severe in the order of ▲ fines ▲ suspension of qualifications ▲ loss of qualifications ▲ fixed-term imprisonment ▲ fixed-term imprisonment ▲ life imprisonment ▲ life imprisonment ▲ death penalty. If a fine of 5 million won or less is imposed, probation may be imposed for not less than 1 year but not more than 5 years. Probation is a system that postpones the execution of a guilty sentence for a certain period of time rather than executing it immediately. It is a much heavier punishment than a fine under criminal law. Also, if you receive a suspended sentence, a criminal record is left behind, as in the expression 'a red line is drawn'. If you commit a crime during the period of probation and appear in court again, you must serve the newly sentenced sentence along with the previously suspended sentence. However, if you are in a difficult economic situation, or if you are in a suspended sentence, a red line is left behind. People who are not greatly affected by probation prefer it because there is no immediate harm even if they receive probation. In response to this irrationality, experts suggest the introduction of a 'daily fine system' in which fines are set according to the financial circumstances of the defendants in order to increase the effectiveness of fines. Korea adopts a 'total fine system'. This system is a fine system that imposes a certain amount of money on the defendant within the scope of the statutory penalty. The daily fine system is a system that sets a fine based on a criminal's daily income. The purpose is to impose fines in proportion to the ability to bear the financial burden. Dr. Gyeong-gyu Park of the Korea Institute of Criminology and Legal Policy explained, "Legal experts view probation as a much heavier punishment than fines. However, defendants who are struggling financially feel that fines are more reluctant than probation because they affect their livelihoods, such as having to pay immediately." He continued, "Fines were created to punish minor crimes, such as livelihood-related crimes, not serious crimes that limit freedom." “Most crimes are subject to fines, but our country uses a total fine system, so we do not look deeply into the financial circumstances of the defendant,” he said. “There are ongoing calls to introduce a daily fine system, which some European countries, such as Germany, are adopting as a way to increase the effectiveness of fines.”  [View full article] - Defendant who requested a heavier probation than a fine... why? (Shortcut)

There is controversy after it was reported that a teacher in his 40s and a student in his 10s were dating. According to the Daejeon Metropolitan Office of Education on the 11th, an inappropriate meeting between male teacher A (in his 40s) and Ms. B occurred at a high school in Daejeon. While working as a physical education teacher at the school, Mr. A crossed a line that should not be crossed with his student, Ms. B. They continued dating until recently and became known after Ms. B revealed the truth. Ms. B revealed this fact during a consultation with the school counselor, and the school, which belatedly discovered the problem, reported it to the city office of education and then to the police. Mr. A left school because of this. It is reported that Ms. B is currently experiencing extreme psychological anxiety. The city office of education and the school plan to connect the student with an external counseling and healing agency. The city’s Office of Education said, “Student protection is our top priority,” and “We plan to take strict action against the teacher as soon as an accurate investigation is conducted.” In this case, charges of violating the Child Welfare Act and the Child Abuse Punishment Act may be imposed, and considering the fact that he had a special status as a teacher, there is a possibility that an additional charge of adultery with a minor may be applied. On the other hand, it is said that their relationship was not forced. In particular, this is a situation where Ms. B does not want Mr. A to be punished. The city’s Office of Education said, “(Even if Ms. B does not want to be punished), we plan to take strict action because the teacher had an inappropriate relationship with a minor student.” Regarding this incident, a lawyer who spoke to Segye Ilbo on the same day said, “If we had met Ms. B after she graduated from school, there would have been no problem,” but pointed out, “Considering that Ms. B is a minor and that the incident occurred at school, it is problematic.” Meanwhile, according to Daeryun Law Firm (Yuhan), in this case, whether or not to apply the statutory rape of a minor charge will likely be decided depending on the age of Ms. B. Ms. B’s exact age was not disclosed. The crime of involuntary rape of a minor is punishable at the same level as the crime of rape or forcible molestation committed using assault or intimidation when a person over 19 years of age commits adultery or indecent assault with a minor under 16 years of age, or when a person under 19 years of age commits adultery or indecent assault with a minor under 13 years of age. Even if sexual contact occurred with a minor under the age of 16 or 13 under the age of 16, the person is subject to punishment if the above age conditions are met, and the statute of limitations does not apply, so the punishment is more severe than that for general sex crimes (Article 305 of the Criminal Act and Article 20 (3) of the Act on the Protection of Children and Adolescents from Sexual Offenses). This crime is committed even when there is the consent of the victim.  [View full article] - Is the relationship between a teacher and a high school girl who said there was no coercion, love? (Shortcut)