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Recently, damage from so-called ‘tin-lease fraud’, in which a lease contract is concluded at a higher price than the market price and then the title is transferred to a delinquent rental business operator, is increasing, and special attention is required. According to data from the Housing and Urban Guarantee Corporation (HUG), from 2016 to May of this year, there were a total of 5,453 accidents nationwide with a return guarantee for rent deposits, with an accident amount of about 1.0915 trillion won, and 77% of the accidents occurred in the metropolitan area. It was calculated that this is the case. In the legal world, the first method of self-rescue is to apply for a payment order. The application for a payment order can be made even without the debtor's consent, and if the court determines that the purpose of the application and explanatory materials are appropriate, a copy of the payment order decision is immediately sent, which has the advantage of saving cost and time through a simplified litigation process. However, depending on the case, it is advised that a lawsuit for the return of the deposit may be an appropriate solution. Real estate lawyer Shim Jae-guk of Daeryun Law Firm (Limited) said, "If a dispute related to the return of the deposit is expected, it is better to file a lawsuit from the beginning. An application for a payment order will be converted into a lawsuit when the other party raises an objection. If the validity of the claim is not acknowledged, there is a risk that it will be dismissed or an amendment order will be issued, which will result in additional waste of time and money." In general, the deposit return lawsuit is known to be the most effective way to get the deposit back, but the tenant's You must prove your obligation to return the deposit and prepare supporting materials. This includes proof of contents, lease agreements, and all materials proving that there was no implied intention to renew. Attorney Shim said, “As the so-called tin can lease issue is a long-standing evil in the real estate market, it will be most important for tenants to be aware of it and deal with it.” He added, “You must proceed with the contract by looking into whether or not a mortgage has been established, calculation of seniority bonds, and whether you can report a move-in and report a confirmed date. Above all, in civil lawsuits, proof through evidence has a great influence on winning the case, so in a lawsuit for the return of the lease deposit, “It will be helpful to receive legal help when proceeding with such matters,” he added. Daeryun Law Firm (Lihan), which provided the help, is assisting with related cases through its own real estate dedicated center. Currently, we have offices all over the country, including Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=119&aid=0002503144

As the cryptocurrency market has recently shown a sharp decline and market anxiety is growing, there are warning signs that individual investors who have jumped into cryptocurrency investment (debt investment) are putting themselves at risk. The legal community advises that individual investors who eventually face bankruptcy through so-called ‘leverage investment’, which involves borrowing money to buy cryptocurrency, can consider the personal rehabilitation system. Insolvency lawyer Shim Jae-guk (Daeryun Law Firm) said, “If an individual debtor facing bankruptcy has a certain amount of income in the future, he or she may be able to utilize the personal rehabilitation system, which allows the remaining debt to be exempted by repaying a certain amount over a set period of time.” However, there is a recent case in which the court dismissed the application, believing that it was an abuse of the personal rehabilitation process when the debt was significantly increased through cryptocurrency investment, which appeared to be a speculative activity. Regarding this, he explained, “The court ruled that speculative debt can be a ‘moral hazard’ as a result of abuse of the personal rehabilitation system, so even if it is a system with no limit on debt, if the application is not sincere, it can be dismissed.” He pointed out that cryptocurrency investment is different from gambling or speculation, and it is not difficult to find advertisements saying that rehabilitation can be applied for, so caution is needed. Attorney Shim said, "If the application for rehabilitation is not sincere, the court may not accept the application for rehabilitation. If the reason for the application for rehabilitation is excessive debt arising from a highly speculative investment, it may be helpful to first seek legal assistance through legal counseling." Jaeguk Shim, an insolvency lawyer, said, "Even if the debt is speculative, the debt situation may be different for each individual, such as the degree of debt and the circumstances of the investment. If sufficient persuasion is provided to the court, the decision to approve personal rehabilitation can be made." “There is a possibility that you can receive it,” he said. “In particular, when applying for personal rehabilitation bankruptcy with cryptocurrency or stock investment debt, the court will strictly look at the repayment plan, so you will need to prepare the application documents meticulously and thoroughly.” He also said, “If you are an individual debtor with debts of more than 10 million won, unsecured debts of 1 billion won, and secured debts of 1.5 billion won or less, and you are an income earner with a certain income, it is advantageous to apply for rehabilitation, and the total debt is 2.5 billion won. “If your income exceeds KRW or is below the minimum cost of living, it would be advantageous to file for bankruptcy,” he said. However, if an individual has excessive debt, the beneficial debt adjustment system may be different, and as the number of applicants for rehabilitation bankruptcy has increased, the court has emphasized legal assistance by judging application documents and materials strictly. Daeryun Law Firm, which provided assistance, provides legal consultation on rehabilitation bankruptcy. Currently, we have offices all over the country, including Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. View original article - https://n.news.naver.com/article/119/0002497878

Recently, there was an incident where a worker working on loading a cargo container died after being crushed by a container. According to reports, the company's safety training and safety managers stipulated in the Occupational Safety and Health Act were not present at the site. The legal community sees it as an industrial accident due to insufficient safety management. According to the Occupational Safety and Health Act (Article 38), ‘Necessary measures must be taken to prevent industrial accidents due to hazards when handling heavy objects or performing other work.’ According to the legal community, when an accident occurs, under the Occupational Safety and Health Act, the employer is required to report it to the head of the local employment and labor office. If an employer attempts to conceal an industrial accident, criminal punishment such as violation of the Occupational Safety and Health Act or occupational manslaughter is possible. Also, in order to avoid this, it is explained that if workers are forced to sign an agreement or are urged to give up their industrial accident application, this can also be considered an illegal act. Chan-Woo Jeong, an industrial accident lawyer (Daeryun Law Firm), said, “In order for an injury, disability, or death caused by a worker’s accident or disease to be recognized as an occupational accident, it must meet the standards for recognition of occupational accidents or occupational diseases under the Industrial Accident Compensation Insurance Act.” He added, “It must be acknowledged that there is a significant causal relationship between work and accidents. “The burden of proof for this lies with the worker, so it will inevitably be a burden in reality.” If a facility collapses in the workplace and a disaster occurs, the employer will be liable for disaster compensation and compensation for damages under civil law for reasons such as violation of the duty to consider the safety of workers. However, if the civil damage compensation amount exceeds the industrial accident compensation amount, only a portion of the damage liability is replaced with industrial accident insurance benefits. For the remaining damages, the worker must file a civil claim for damages from the employer. Attorney Jeong said, "Because compensation for worker damages cannot be replaced by industrial accident insurance money, it is better to file a claim so that you can receive compensation directly from the employer. Among the total damages, such as damages arising from not being able to work, future medical expenses, nursing expenses, and death benefits, the portion that is not compensated by industrial accident insurance benefits should be carefully reviewed with a legal expert such as an industrial accident lawyer, and compensation will be provided to the employer. He added, “In order to be recognized as an industrial accident, proving the causal relationship is most important, so it is important to collect evidence and clearly identify the person responsible.” He added, “Even though there are parts that can be recognized as industrial accidents and damages, there are some people who believe that it is a natural burden for workers to make efforts to reveal the specific facts through legal assistance.” View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=119&aid=0002492826

Last month, the government deliberated and decided on the promulgation of the Act on Punishment of Stalking Crimes (Stalking Punishment Act). It has been 22 years since the bill was first proposed in the 15th National Assembly. Until now, stalking has been punished only as a minor misdemeanor, but there have been many cases of it leading to larger crimes, so there have been voices calling for improvements in related laws. The legal community analyzed this decision as a change in perception that stalking is not just a women's problem, but anyone can be the target of a crime. Five types of stalking crimes have been specified that will be implemented from September of this year, and in relation to the increased level of crime, the police expects to prepare a related manual and actively enforce the law. Going forward, those who engage in continuous or repeated stalking will be subject to imprisonment for up to 3 years or a fine of up to 30 million won. If you use a dangerous object such as a weapon, you will be punished by imprisonment for up to 5 years or a fine of up to 50 million won. In particular, obstructing your path by approaching or following you, waiting or watching in places where you live every day such as residence, work, or school, using the information and communication network such as mail, telephone, or fax to send objects, words, words, signs, sounds, pictures, images, or images, sending objects directly or through a third party, or damaging objects placed in your residence. All of these are defined as acts that can cause anxiety and fear. In addition, the police who receive the report must immediately go to the scene and, if necessary, take emergency measures such as issuing a written warning to stop the crime, prohibiting access within 100 meters, prohibiting access using telecommunications, and confining the offender to a detention center or detention center. It also includes provisions to obtain post-approval from a district court judge. If the damage is severe, measures have been taken to protect the victim by delivering them to emergency treatment and counseling centers. Meanwhile, although this stalking punishment law makes active criminal punishment possible, there are some concerns. In July of last year, in a keynote speech at the National Assembly Debate on the Gender Violence and Murder Eradication Act, Shim Jae-guk, a criminal lawyer at Daeryun Law Firm (Limited), said, "You have to prove that the damage caused by stalking is continuous or repeated, and it is difficult to prove that it caused fear and anxiety. Unlike sexual crimes, it is defined as a crime of impunity against will, so the problem is that the perpetrator may try to reach an unreasonable agreement with the victim." “There was a case where a regular customer killed the victim, but the perpetrator had been stalking the victim for a long time, but after being suspended for business obstruction, he was sentenced to 20 years in prison for murdering the victim,” he said. “In addition, stalking crimes, such as cases where the victim was chased for 50 km on the highway but sent back because he did not cause direct harm, will continue to increase, and there will be a need to enact special laws to protect the victims’ rights.” View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=103&oid=016&aid=0001821512

dating violence, 'intimate relationship'Even in cases where the perpetrator agrees due to fear of retaliation, there is a need for enactment and revision of laws to deal with the special nature of dating violence.[Asia Economy Reporter Lee Joo-mi] # 2018In Gwanak-gu, Seoul 30A man murdered his lover who lived with him. This man is already a lover ABy continuously assaulting Mr. 4He was investigated by the police one after another.. Also, a month before the murder AHe was also investigated on charges of assaulting Mr.. The police applied for an arrest warrant for the man, but, The court is the victim AThe warrant was dismissed on the grounds that Mr. did not want to be punished.. The man was released and ended up being released a month later. AI stabbed Mr..Unlike general violent incidents, dating violence occurs in intimate relationships, such as between lovers.. Even though the victim was assaulted 'gaslighting'There are cases in which people seek not only an agreement but also leniency.. Gaslighting is a psychological term that refers to the harmful behavior of making the other person unable to make rational decisions through continuous psychological domination.. In this case, the perpetrator may continue to assault and eventually lead to a terrible murder..also, Because they are close friends, the perpetrator knows a lot of personal information such as the victim's home address, so the victim cannot readily report it to the police for fear of retaliation.. As a result, dating violence can be effectively prevented., Some point out that related laws need to be revised to increase the effectiveness of punishment..current law(criminal law)One of the special characteristics of dating violence that cannot be dealt with is 'Intimacy between perpetrator and victim'am. As in the previous case, dating violence is considered assault unless it is a special case.. Assault is 'Unpunished crime against doctors'If the victim does not want to be punished, he or she cannot be punished.. From the victim's perspective, it is not easy to demand strong punishment because they are in a romantic or intimate relationship., Released perpetrators eventually have the potential to commit more serious assaults or even murders..Another problem is that, unlike general assault, dating violence occurs when the perpetrator and the victim are close and live in each other's homes., There is a high probability that you know the place of employment, etc.. For this reason, victims often agree to consent out of fear of retaliation from the perpetrator.. at last, Proper punishment cannot be achieved through agreement between the perpetrator and the victim..chief mournerKBSgo 2016since 2020Results of analysis of rulings on dating violence cases in Jeju up to 2018 31Approximately half of the victims reached an agreement with the perpetrator.. At the time, the director of the Jeju Women’s Counseling Center commented on this: "(The perpetrator) I know all the details of the victim. 2car(damage)There is a fear of"It has been pointed out that.As a result, dating violence can easily be repeated against the same victim, and the accumulative assaults can lead to bigger tragedies such as murder.. 2018introduced in 'Dating Violence Three Strikes Out System'is a measure to strengthen punishment that takes into account the characteristics of dating violence..The three strikes and out system prevents dating violence against the same victim regardless of whether there is an agreement with the victim or not. 3If committed more than once, It is a system that handles cases based on the principle of formal prosecution..However, there are concerns that the three strikes and out system also has limitations in punishment as long as dating violence continues to be treated within the current law.. At the time of its introduction, former Democratic Party lawmaker Pyo Chang-won, who was a professor at the National Police University, "The three strikes and outs system can only be a stopgap measure."as "Since there is no choice but to apply the crime of assault to the simple criminal law, there is a limit to not being able to arrest or impose a prison sentence for the first crime due to fairness in similar crimes."It has been pointed out that.Since there is no separate law regarding dating assault, it is not easy to punish or prevent it.. For example, if violence occurs in an intimate couple relationship, such as dating violence, emergency temporary measures can be taken by issuing a restraining order to the perpetrator in accordance with the Special Act on Domestic Violence.. At this time, if the police determine that there is a risk of domestic violence recurring, it is possible to issue a restraining order..However, the Special Act on Domestic Violence only regulates marital relationships and does not cover dating violence.. Victims of dating violence can also apply for a restraining order.. Instead, since court judgment is required, the minimum 2It is pointed out that prevention is less effective as it takes several months..last year 7month open 'Gender Violence and Murder Eradication Act' At the debate, Shim Jae-guk, representative attorney at Daeryun Law Firm, said: "The special nature of dating violence cannot be accommodated by the existing criminal law and the Special Act on Sexual Violence."While "Minimum for application for injunction against access 2It is taking months, so it is urgent to enact independent legislation."He emphasized.Because there are blind spots in the law, victims who have already suffered damage are exposed to greater risk.. 2020year 7A woman sued her boyfriend, who forced her to have sex and assaulted her, and broke up with him. B Mr. suffered a revenge crime.. At the time, the male assailant was taken into police custody, but was immediately released a few hours later, and a few days later, he was armed with an electric shock gun and a weapon. B He went to see Mr. and brandished a weapon..At the time, the victim reportedly received a smart watch from the police for personal protection, but was upset that it did not help at all.. This is why an effective system must be established to protect victims from perpetrators..Experts also emphasize the need for a system that takes into account the characteristics of dating violence.. Jeong Hye-won, head of the women's policy research team at the Gyeonggi Family Women's Research Institute "The current special law on domestic violence defines the scope of family very narrowly."as "The scope should be expanded to include romantic partners, such as dating relationships, so that not only punishment but also support for victims is actively implemented."suggested.Together "There are many dating violence incidents, but, There is still a lack of social policy or awareness regarding dating violence."as "Policies must also be implemented to prevent dating violence from leading to more serious crimes such as murder."He emphasized.Reporter Lee Joo-mi zoom_0114@asiae.co.kr View original article - https://n.news.naver.com/article/277/0004871823

The Supreme Court ruled that grabbing a woman's head and pulling it, even in a public place, can constitute a crime of forcible harassment. Unlike the first trial, which previously found him guilty, the second trial court declared him not guilty, and the Supreme Court found him guilty. Mr. A, the company representative, was sent to trial on charges of forcible harassment for actions such as grabbing a female subordinate's head and pulling it to his chest at a company dinner. He was found guilty in the first trial based on the statements of the female employees and those present at the company dinner, but in the second trial, he was found not guilty on the grounds that the company dinner took place in a public place, that there was no sexual language or behavior, and that it is difficult to recognize the head and shoulders as specific body parts related to sex according to social norms. The appeal judgment was overturned again by the Supreme Court. The court ruled that a surprise assault, which involves both assault and harassment, cannot be considered an extenuating factor even if it occurred in a public place with other people present. Mr. A's arm touching the female employee's neck and Mr. A's breast touching the female employee's head at the time were also considered acts that could cause sexual humiliation to the general public. As a result, the Supreme Court ruled that molestation was recognized, saying that the female employee at the time should be considered to have felt sexual shame. According to the legal community, there is a trend to expand the scope of interpretation of the crime of forcible molestation, such as considering that ‘surprise molestation’ also falls under the crime of forcible molestation. If found guilty, he or she will be sentenced to imprisonment for up to 10 years or a fine of up to 15 million won. He explains that in many cases, even if there was no clear assault or threat, it is recognized as forcible molestation. Jae-guk Shim, a criminal lawyer at Daeryun Law Firm Limited, said, “Because we have a wide range of judgments regarding forcible molestation cases, even in insignificant physical contact, there are many cases where the charge is recognized and the person is at risk of punishment.” “Do not assume that the charge of forcible molestation will not be applied, but if you are involved in a sexual harassment case, you must keep all possibilities open and deal with it,” he said. He continued, “One of the most common mistakes made when accused of a sexual crime is claiming to be innocent, but failing to secure evidence to support the claim, resulting in a wrong initial response and being found guilty.” He added that if the charges are unfair, be sure to seek the help of a legal expert such as a criminal lawyer to resolve the situation as soon as possible. View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=119&aid=0002469881

The number of companies filing for corporate bankruptcy has reached an all-time high due to the prolonged COVID-19 pandemic and economic recession. According to the court's monthly report, the number of corporate bankruptcy applications increased from 931 in 2019 to 1,069 in 2020, an increase of more than 10%. This figure is more than double that of 2013, when corporate bankruptcy applications began to be listed as a separate item in the monthly statistical report, helping many companies avoid a prolonged recession. This is because they believe that the company cannot survive and that it is difficult to survive, so they choose corporate bankruptcy. However, if it is difficult to operate the company temporarily due to changes in economic conditions, it is necessary to actively utilize corporate rehabilitation procedures. What are the corporate rehabilitation and corporate rehabilitation systems that can be chosen as a way to save a company instead of corporate bankruptcy, and in what cases can one apply? Corporate and corporate rehabilitation is a system that reduces the debt burden of a company subject to court arbitration and the consent of creditors. Temporary funds If a company is facing bankruptcy due to a financial crisis, it is more advantageous for the company and its creditors to continue operating the business and repay creditors with the income, rather than disposing of current assets and repaying creditors. In other words, if you apply for corporate rehabilitation and receive preservation measures, repayment of debts to creditors will be temporarily suspended and all funds due will be received, so normal business activities can be continued. Therefore, it is possible to proceed with the procedure if the survival value if the business continues to exist is higher than the liquidation value that would be liquidated in the event of bankruptcy. “The application process is difficult and complex, and it needs to be approached cautiously as it has a huge impact on stakeholders such as companies, debtors, and employees,” said Chan-woo Jung, an attorney at Daeryun Law Firm. “It is important to prevent it from going in the wrong direction,” he added. In addition, care must be taken not to miss the right time when applying. If the business situation has already deteriorated extremely and there is no possibility of generating sales or recovering, even if you proceed with the corporate rehabilitation process, you cannot avoid the decision to dismiss or cancel the application. Therefore, it is important to apply at the right time before the company's management situation deteriorates excessively. However, if continuous operation is difficult enough to consider corporate bankruptcy or corporate rehabilitation procedures, it may be difficult to readily receive counseling because the consultation fees or fees of a lawyer may be burdensome. For this reason, the government and local governments, as well as some law firms, provide counseling to ease the burden on business owners facing corporate bankruptcy or rehabilitation, so find a place where legal counseling is available and make the right time to apply for corporate rehabilitation. It is important to seek legal assistance quickly so as not to miss out. Attorney Jeong Chan-woo also advised, “Rather than proceeding with rehabilitation and bankruptcy procedures through inaccurate information such as the Internet due to the burden of costs, it would be beneficial to actively use legal counseling to come up with a plan.” Daeryun Law Firm (Lihan) is located in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. We provide legal consultation on corporate litigation and corporate rehabilitation and bankruptcy. View article text - https://n.news.naver.com/article/031/0000583412

A lawyer I met recently said that although the number of days students attend school last year was significantly reduced compared to previous years due to the impact of COVID-19, there does not seem to be a significant difference in the number of cases that seek school violence lawyers. With the spread of the Internet and SNS, school violence can occur even when students do not meet face-to-face at school, and the level and persistence of cyberbullying that occurs online is actually higher, so there are frequent incidents that require an experienced school violence lawyer. The parents of Ms. A, a fifth-grader at an elementary school in Seoul, recently said When I heard that the School Violence Countermeasures Committee (School Violence Committee) would be opened, I became more worried. After interrogating Ms. A and checking her messages, I found out that she did not actively participate, but the school violence committee was opened because it was discovered that B and her friends, who she used to hang out with, had inflicted cyber violence on C, who transferred from Busan last year. The actions of A and B's friends were to invite them to a group chat room and swear at them, and when they left the chat room, they invited them again and hurled even harsher abuse at them. The bullying included uploading photos to social media without permission and belittling her appearance. Due to the continued harassment, Ms. C eventually deleted all of her SNS accounts and reported school violence, saying, “I am scared of the cell phone alarm that rings frequently.” Ms. A’s parents expressed their regret, saying, “It was clearly a mistake to not stop the bullies while Ms. C was greatly hurt, but I am also very worried that problems may arise in the child’s future.” The Ministry of Education said on the 21st. According to the ‘2020 School Violence Survey’ released last year, while schools were closed in the aftermath of the novel coronavirus, school violence decreased overall, but new forms of violence in different locations and aspects increased. As the time spent at school decreased, physical school violence that occurred in person decreased, but as the time students spent in cyberspace increased, the proportion of cyber violence and group bullying increased. Cyber violence is bullying inflicted on others in cyber space. Types include cyber insults, which involve using insulting language or swearing at a specific person in cyberspace such as SNS or chat rooms; cyber defamation, which involves posting or distributing false content online; cyber sexual harassment, which causes psychological damage to the other person by forcing obscene conversations on the Internet or causing sexual humiliation, and stalking. Accordingly, the ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.’ was enacted to reduce damage in cyberspace, and punishment for cyberbullying became possible. It may be viewed lightly as there is no physical violence, but it is also important to note that the use of physical force does not account for a large factor when considering the severity of school violence cases. Four out of five items in the school violence score standard set by the Ministry of Education are unrelated to physical violence, and the seriousness item is also a part that can be determined depending on the degree of cyberbullying. Unlike in the past, when violence alone was a light measure, transfers and expulsions corresponding to cases 8 and 9 are also being taken. Criminal lawyer Shim Jae-guk (Daeryun Law Firm) said, “If you can’t say something face-to-face, you shouldn’t say it in cyberspace. In most cases of school violence, the relationship between the parties does not go in the direction they think.” He advised, “School violence should never be tolerated under any circumstances, so it can leave fatal aftereffects on victims, so it is essential to understand the accurate facts and respond wisely, including acknowledging and reflecting on the fact of the offense.” - https://n.news.naver.com/article/016/0001791338

[iNews24 Reporter Park Myeong-jin] As the long-term recession continues, the number of landlords who are having trouble with tenants who do not vacate the house or pay rent even after the lease contract is terminated is increasingly turning to real estate lawyers. Mr. A, the landlord, was suffering from stress and financial difficulties due to Mr. B, the tenant who disappeared without paying rent for several months. When the deposit was all used up to the point where he could not even deduct the monthly rent from the tenant's deposit, he could no longer wait for the tenant and eventually hired a real estate lawyer. We decided to file a ‘transfer lawsuit.’ A redirect lawsuit is one of the real estate-related lawsuits and refers to a lawsuit in which an occupier requests delivery of a property that is illegally occupied. △ When the tenant does not vacate the property despite the end of the rental contract period, △ When there is a monthly rent gap of 2 periods under the Housing Lease Protection Act and 3 periods under the Commercial Lease Protection Act. The owner can legally evict the illegal occupier by receiving a judgment and enforcing it through a capital city lawsuit. ◆Why do we need to file a property suit? In the news and other media, the stories of tenants who are in trouble due to their landlords are usually known, but in reality, the number of landlords seeking lawyers for real estate-related disputes is significant. Since it is their real estate, they may think that they can exercise their rights as the right holder against tenants who do not fulfill the terms of the contract, but if a dispute is expected, it is better to prioritize the assistance of an experienced real estate attorney. This is because if you commit an unfair act and take personal action without legal advice, you may have to take criminal action or be liable for damages depending on the legality of the act. Even if it is your own building, if the landlord arbitrarily enters your residential or business space and takes out luggage, you will not only be in danger of being criminally prosecuted for trespassing or trespassing on a building, but you will also be liable for damages. Therefore, rather than exercising one's own skills, you should seek the help of a real estate attorney to find a legal solution. Attorney Jeong Chan-woo of Daeryun Law Firm (Limited) explained, "Due to the recent economic downturn, the number of landlords who want to proceed with a foreclosure lawsuit has increased. However, if you do not prepare thoroughly in advance through a preliminary injunction before possession before proceeding with the lawsuit, the lessee may use various expedients in the middle and the landlord may be in trouble." “If the lessee maliciously transfers possession to a third party as a provisional injunction to preserve the right to claim possession, the owner will not be able to enforce it even if a judgment is obtained against the lessee, so it is important to make thorough preparations to avoid damage,” he added. In this way, in a transfer suit, prior to filing a lawsuit, sufficient consultation must be conducted with an experienced real estate attorney and necessary preservative measures such as a provisional injunction prior to possession and a provisional injunction to prevent disposition must be taken before receiving a judgment in favor of the tenant. There is no difficulty in execution. In addition, in the case of maintenance projects such as reconstruction, attention must be paid to changes in the system and laws of the Urban Maintenance Act and the Aggregate Building Act, and in tenant transfer lawsuits, it is said that various rights of tenants recognized in the Commercial Lease Protection Act must be kept in mind. In particular, he emphasized that since laws and regulations are frequently revised, it is necessary to know the latest precedents through a real estate lawyer. Daeryun Law Firm (Limited), which Attorney Chan-Woo Jeong belongs to, is providing legal consulting on various real estate cases in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. View original article - http://www.inews24.com/view/1338858

Among the many cases I have encountered while working as a representative attorney of a law firm and a criminal lawyer specializing in criminal cases, one of the most frequent cases is fraud. ‘Guaranteed double the principal amount in one year!’ Is this really possible? That's not true. As the number of individual investors who saw the crisis in production and consumption as an opportunity due to the coronavirus has increased, fraud methods targeting them have become more sophisticated, so caution is needed. Unlike bank savings, there is no limit to the profits that can be made from investments. Sometimes, you can earn profits that are several times the original amount. Fraudulent crimes under the pretext of such investments are rampant. Although Mr. A received money in the name of investment from investors across the country, including Seoul, Incheon, Daejeon, Daegu, Busan, Gwangju, and Ulsan, he intended to use it for personal purposes or pay it to other investors in a so-called 'turnaround' method. Even though he had no intention or ability to return the principal and profits, he pretended to be an employee of a fund company and deceived direct investors by saying that the principal and profits were guaranteed, or By introducing other investors through the investor, the investor received KRW 9.8 billion in investment money by deceiving the investor by claiming that the principal and profits would be guaranteed. As a result, the victims suffered damages ranging from tens of millions of won to billions of won. The court initially ruled that Mr. A's act of recruiting investors and receiving money while he had no intention or ability to invest in the first place constituted fraud. Since the amount amounted to 10 billion won, it was judged that the nature of the crime was bad, and Mr. A was accused of a specific economic crime. Under the aggravated punishment law, he was sentenced to 8 years in prison. A representative example of this method is fraud, which involves attracting investors with the lure of high profits without investing actual capital, then receiving the principal of those who later invest and paying the profits of the previous person. The act of receiving property or obtaining property benefits by deceiving people is punished as fraud. If a crime is established, the person is subject to imprisonment for up to 10 years or a fine of up to 20 million won. Depending on the amount defrauded from the crime and the amount of profits obtained from the crime, the Act on the Aggravated Punishment of Specific Economic Crimes is applied and the punishment varies. If the amount of gain is between 500 million won and less than 5 billion won, the person is sentenced to imprisonment for more than 3 years, and if the amount of gain is more than 5 billion won, the person is sentenced to imprisonment for more than 5 years or life imprisonment. It does not matter at what point the mistake occurred, as it causes a person to make a mistake. Since it does not necessarily have to be a mistake regarding an important element of a legal act, even if the deceived expression of intent is invalid under civil law, it does not affect the establishment of private crime. As for the means and method of deception, it does not matter whether it is based on words, actions, or omission of intentionally not informing the other party of the truth while knowing that the other party is already in a mistake. And it is necessary to acquire property through the other party's act of delivery, that is, the act of disposition. In addition, the person being deceived and The person receiving the property damage does not need to be the same. Therefore, even if a wife is defrauded of her husband's property, it is considered a crime of fraud. Therefore, if you have suffered from investment fraud, it is necessary to first determine the possibility of a crime by examining with a criminal lawyer with extensive experience in fraud cases whether there was an act of deception, whether there was a mistake as a result, the victim's property disposition, and the resulting damage and property interests. Lastly, proceeding with a criminal trial can only subject the other party to punishment, and to recover the victims' damages separately. You must file an investment fraud complaint and claim compensation for damages. It is necessary to proceed with the procedure safely after taking measures such as provisional seizure and provisional disposition on the other party's property. Written by Jaeguk Shim, representative attorney at Daeryun Law Firm (Limited) View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=102&oid=008&aid=0004532841