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Customized legal education and counseling for disabled business representatives and prospective entrepreneurs. Practical support received favorable reviews... Expected to continue expanding the support program for disabled businesses. 'Kinyeonbeop', established by Daeryun Law Firm, announced on the 4th that it successfully completed the 'Legal Support Day for Disabled Businesses' event together with the Disabled Business Support Center. This event, held on the 25th of last month in the main lecture room of the Disabled Business Support Center in Yeongdeungpo-gu, Seoul, addressed the legal difficulties of disabled businesses. It was planned to resolve the issue and create a stable management environment. On this day, corporate officials from various industries such as manufacturing, distribution, and service industries attended, adding to the excitement. The first part of the lecture was given by attorney Shin Jong-su of Daeryun Law Firm. Attorney Shin is a veteran with high achievements in the field of corporate mergers and acquisitions and tax disputes. At this event, he received a great response by explaining key provisions that must be checked when signing a contract and immediate legal response strategies needed when uncollectibles are incurred. In the second part of the lecture, lawyer Kyung-won Yoon, a former prosecutor, appeared. Attorney Yoon is an expert who has worked at the prosecution for over 20 years and has handled a variety of cases, including corporate criminal affairs, tax and economic crimes, and international legal affairs. In the lecture that day, practical legal risks such as transaction fraud and trademark theft, to which small businesses are easily exposed, were pointed out in depth. After the lecture, a one-on-one customized legal consultation session with a professional lawyer was provided. Participants were offered practical solutions to specific issues encountered in actual business settings, such as reorganizing personnel and labor systems and reviewing contracts. In the satisfaction survey conducted after the event, there were many positive evaluations, such as “There were many practical tips that can be immediately applied in the field,” and “I hope that related programs will continue to expand.” Park Maru, chairman of the Comprehensive Support Center for Businesses for the Disabled, said, “Even though businesses with disabilities have high growth potential, they often face difficulties due to lack of access to legal information.” He added, “We hope that this cooperation will be a strong starting point to reduce uncertainty in business operation and help stable growth.” Kim Kuk-il, CEO of Daeryun Law Firm, said, “We planned this event with the intention of realizing the precious relationships between people for the public good within the bounds of the law,” and added, “We will expand legal support and social contribution activities so that companies with disabilities can enjoy their legal rights without discrimination.” Meanwhile, Relationship Law, a public interest corporation established to protect the socially underprivileged and the underprivileged, is continuously carrying out various social contribution projects. [Reporter Son Jeong-heon, Lawleader] twson@lawleader.co.kr][View full article] Incorporated Association, ‘Legal Support Day for Businesses with Disabilities’ successfully concluded (Go here)

Daeryun Law Firm announced on the 4th that it signed an MOU with Humanworks, a leading digital content and e-commerce company, to provide corporate legal advice and strengthen global capabilities. The agreement ceremony held at the headquarters of Human Works Co., Ltd. on the 27th of last month was attended by key officials from both companies, including CEO Daeryun Kim Kuk-il, lawyers Kim Min-soo and Jeong Hong-cheol, Human Works CEO Park Min-gyu, general manager Kim Hyung-kwang, and team leader Kim Hyun-gu. Established in 2006, Humanworks is an IT company that supplies its high-quality HTML5 games to global big tech platforms such as Samsung, MSN, and Facebook. In addition, it is leading domestic technology trends by operating IT specialized shopping mall ‘App Story Mall’, smart small home appliance brand FIX, and membership ticket reservation platform Casting. Through this agreement, the two companies plan to preemptively prevent copyright disputes that may arise in overseas markets and strongly protect their core IP in line with the global expansion of Humanworks' HTML5-based gamification business. Specific details of cooperation include △review of multinational platform publishing contracts and establishment of customized IP protection strategies for each country, △consulting on game content rating classification and response to IT-related regulations, △customized legal advice for all business areas, including data compliance related to the newly established AX (AI Transformation) Research Institute, and △support for legal consulting services for executives and employees. Park Min-gyu, CEO of Humanworks, said, “Domestic IT companies often face unexpected IP disputes or local regulations in the process of expanding into the global market,” and added, “Based on the legal system of large law firms and global networks such as New York, we expect that this will be a great help to Humanworks’ sustainable growth.” CEO of Daeryun Kim Kook-il said, “We are happy to be a reliable legal partner of Humanworks, which is achieving remarkable results on the global stage. We will mobilize our IP specialist group and global legal capabilities to overcome the regulatory wall faced by IT companies and build a stable legal environment where executives and employees can focus only on their work.” Meanwhile, Daeryun is accelerating the expansion of cross-border legal services connecting domestically and internationally by opening an office in New York, USA last year and solidifying its collaboration system with local patent law firms, and plans to further strengthen its expertise in the IT and content fields through this agreement.[View full article] Daeryun Law Firm, MOU with Human Works… “Strengthening global IP protection and legal advice” (link)

KakaoTalk open chat room, piles of wedding invitations and funeral notes, transaction, congratulatory and condolence expenses, use of evidence…'Business promotion expenses'Falsely reported wedding photos, account numbers, etc. leaked…Violation of personal information protection laws"Unauthorized posting of wedding invitations containing photos violates personality and portrait rights." "2025Does anyone have a wedding invitation or an obituary certificate?? 1per case 1,000live in a circle. 1:1 please chat."last month 16Day 1cloth400people scale 'Sharing information on congratulations and condolences' This post was posted in the KakaoTalk open chat room..A wedding invitation containing a wedding photo of the bride and groom 1It is being sold for 1,000 won. Resident mobile phone and family relationships, A sub-report with the account number written on it 500It is traded for won.Paid a gift or gift 'untruth' This is to be used as proof of congratulations and condolences expenses..It is an act of tax evasion and arbitrarily leaking other people's personal information., It is highly likely to be illegal.. Active trading ahead of comprehensive income tax reporting…"400Also buy groceries" past 1In KakaoTalk open chat on Sunday 'Share congratulations and condolences'Let's search for related open chat rooms 18the dog came out. so-called 'Congratulations and condolences information sharing open chat room'am.This is not a room for people planning to attend a wedding or funeral together.. It is a space where people who have registered as a business share or buy and sell mobile wedding invitations and screenshots of wedding invitations to secure proof of congratulatory and condolence expenses for processing expenses..Each room has at least 700From people to as many as 1cloth400Myeong Ga-ryang participated.. Participants each uploaded photos of their obituaries or wedding invitations. 'Proof of proof'did. We also request information on congratulations and condolences for a specific year..Some are shared for free, but, for sale 1:1 In some cases, a chat link was left to encourage personal transactions..In one open chat room, there is a person who has not shared a single case of congratulatory or condolence information for a month. 'deportation action'There was also a notice that.this 'room'The reason they appeared is that congratulatory gifts and additional money paid to business associates such as business partners are subject to tax law. 'Business promotion expenses'This is because it is classified as a cost and can be treated as a cost if certain requirements are met..Business promotion expenses are expenses incurred to maintain smooth relationships with external personnel related to the business, such as business partners and customers., It is widely recognized regardless of the purpose such as entertainment, social interaction, or honorific purposes..abuse this, Wedding invitations and wedding invitations that have not been confirmed to have actual business relevance, as well as whether or not condolence expenses were actually paid, are being distributed in large quantities online..last month 17From the first day to the last day 1cloth400number of people 'Congratulations, condolences, wedding invitations, obituaries, sharing' As a result of observing the open chat room,, 150More than 100 photos of wedding invitations and funeral certificates were shared.. Illegal transactions are actively taking place ahead of this month’s comprehensive income tax return..One user '2025Summary of the year's congratulations and condolences'A compressed file titled was shared for free.. Let’s download the file 300More than 100 wedding invitations and obituary photos were stored..'2025 Congratulations, condolences, and wedding invitations for sale at the lowest price.'Let's inquire about the price, etc. from the operator of the open chat room titled, "Buying it is not a problem at all. It depends on the quantity 800in a circle 600I'm even giving you won. Others 1I know it sells for around 1,000 won."The answer came back.And then "Usually at least every year 40From the chapter 100page, 400There are many people who have even purchased tickets."added. "Violation of personal information protection laws…Subject to claim for damages" In order for congratulations and condolences expenses to be recognized as business expenses, 'business relevance'class 'proof'Must meet the requirements. Based on general small and medium-sized businesses, the basic limit for business promotion expenses is 3cloth600With 10,000 won, Here, an additional limit is added depending on sales..Cho Moon-kyo, a tax accountant, "Requirements for tax treatment are: 'Is it business relevant?'and 'Is there any proof?'But, Congratulations and condolences must be paid to business partners or customers for business purposes, not for personal purposes."as "Relevant evidence can be accepted if it is a wedding invitation or a letter of death."explained.Congratulatory and condolence expenses 1The amount spent 20If it is less than 10,000 won, a credit card receipt or tax invoice, etc. 'Proof of eligibility' Cost processing is possible without.Joe Tax Accountant "When paying for congratulations or condolences, it is difficult to receive a receipt from the other party due to social norms."as "practical wedding invitation, Expenses are processed solely based on sub-decisions, and this is a method that is generally recognized by tax authorities."said.However, if you cannot explain whether the congratulations or condolences are from a business partner or customer related to your business, it cannot be used as a basis for expense treatment..Joe Tax Accountant "I heard at first glance that business owners share wedding invitations they have collected to cover costs."as "However, the main premise of cost treatment is business relevance., Treating congratulations and condolences as expenses unrelated to your business is an unfair way to reduce your taxes."pointed out.mudfish "If you spend excessive amounts on congratulations and condolences, you may be asked to explain during a tax audit."as "If business relevance is not proven, the expenses will be denied and taxes will be collected."added.National Tax Service corporate tax department official "Corporate business expenses are classified as entertainment expenses., The definition of expenditures for business purposes to enable a corporation to conduct business smoothly with business-related people is clearly stated in the law."as "actually like that (work)If it is caught even though it is not related, of course it will not be acknowledged."He said.However, there are limits to detecting transactions that occur online..National Tax Service official "Even if you go into an open chat room and monitor it, it is realistically impossible to specify personal information because the people chatting do not use the real name of their company or company."said. The problem of personal information leakage is also serious..The bride-to-be's aunt who is getting married next month.(33) Mr. "I sent mobile wedding invitations to my acquaintances., I'm worried that things might be going around or being traded in open chat rooms like this."as "Not only names and photos, but also the location of the wedding venue., I feel uneasy because it contains everything, including time."said.mudfish "I sent it to congratulate you, but I feel uncomfortable that it could be used as information among complete strangers."added.Daesoo Kim, attorney at Daeryun Law Firm, "Wedding invitations and wedding invitations are sent for the purpose of informing a specific recipient of a congratulatory or condolence event."He said "Sharing or selling this to an unspecified number of people in an open chat room may constitute a violation of the Personal Information Protection Act."explained.mudfish "Specifically, there are regulations prohibiting the act of divulging personal information learned in the course of work., There is a high possibility that this may be a violation of the prohibition on providing or receiving personal information for commercial or fraudulent purposes."said.Attorney Kim "Posting a wedding invitation containing a photo of the parties without consent may be a violation of personality rights or portrait rights."as "Even if there are no direct criminal punishment provisions, you may be subject to a civil claim for damages."warned me. minjik@yna.co.kr Minji Kang(minjik@yna.co.kr) [View full article] Yonhap News - [Shot!] Tax evasion worker... Wedding invitations sell for 1,000 won (link) SBS - “Would you like to sell anything to Deputy Head?”… 1,400 people chat room ‘Juljul’ (Go here)

According to the Visa Bulletin recently announced by the U.S. Department of State, the employment immigration (EB-1) and highly educated independent immigration (EB-2 NIW) categories have been completely opened, opening up a decisive opportunity for professional applicants to obtain permanent residency. In particular, as the U.S. Citizenship and Immigration Service (USCIS) flexibly applies the application criteria chart, a meaningful time has arrived to expedite the green card process for professional talents such as researchers, engineers, doctors, professors, and entrepreneurs who have been considering EB-2 NIW. However, these policy opportunities do not completely guarantee the acquisition of permanent residency. In particular, when preparing to immigrate with children, the 'cross-border strategy', which involves preparing documents in Korea and coordinating local administrative procedures in the United States in real time, becomes a key variable in determining whether the accompanying children can obtain permanent residency. "As the selection method for professional employment visas (H-1B) has recently been reorganized to focus on wage level, the era of relying on 'luck' to obtain residency status as in the past is over," said U.S. attorney Daeryun of Mia Kim (Limited). "Rather than relying on the uncertain visa lottery," he said. He emphasized, “It is important to take strategic action to secure permanent residency stably and fix the age of children by taking advantage of the current opportunity.” Below is a Q&A. - The criteria for selecting the most appropriate green card category for your situation are: ▶ If you have unique achievements, you should consider EB-1A first, and if you can prove your contribution to national interest as a highly educated person, you should consider EB-2 NIW first. On the other hand, capital-based investment immigration to the United States (EB-5) has recently emerged as a realistic alternative among parents who want to secure the stability of their children studying abroad. The current investment amount is in the range of 800,000 to 1.05 million dollars depending on the region, but there is a strong possibility of an increase in conjunction with the system's re-approval on September 30, so there is a need to hurry up the schedule. -Why 'timing' and 'child's age' management are key in the permanent residency procedure. ▶Now that the door is open, you can secure a work permit early by simultaneously filing an adjustment of status (I-485) even before the petition is approved. It's the best time. The most important thing at this time is 'age lock' according to the Child Status Protection Act (CSPA). The child's age is protected by deduction for the duration of the petition review period, but the child's age is ultimately fixed to under 21 only if the application or fee payment is completed within one year from the time the door is opened. If this timing is missed, there is a risk that only children will be excluded from obtaining permanent residency, so real-time response from both Korea and the United States is essential. - The impact of recent H-1B uncertainty on permanent residency strategy. ▶ As the H-1B visa was reorganized to focus on wage level and employment costs for local companies rose, uncertainty about foreign workers increased. Therefore, rather than relying on this, you should design a roadmap to move directly to permanent residency by utilizing the OPT period provided after obtaining your degree. If you are already residing in the United States, it is a practical rule to secure the stability of your stay until obtaining permanent residency by actively utilizing the state-level talent support program or the H-1B quota exception clause. -The most important factor for applicants to prepare in practice is: ▶ Beyond simply meeting the qualification requirements, it is most important to build an elaborate 'activity plan' that can persuade the examiner. Recently, U.S. authorities have strengthened background checks and rigorously evaluated the actual contribution that applicants' capabilities will make in the United States. In addition to 'cross-border insight' that reinterprets achievements in Korea in the language of the US market, selecting an expert with bilingual and bicultural capabilities who can simultaneously coordinate Korea's unique corporate culture and the US legal system increases the probability of success. - Suggestions to minimize the risk of rejection and increase the success rate of the process are: ▶ 'Pre-screening response' and 'three-dimensional strategic design' through experts. Permanent residency in the United States is a complex legal area that combines stay methods and asset management, so a mid- to long-term perspective of at least two years is required. We need to reduce our dependence on non-immigrant visas and build a roadmap linking higher education, employment, and residence based on permanent residency. The best option is to reduce administrative delays and design a stable route through a cross-border strategy from the early stage.[View full article] U.S. permanent residency strategy and timing, cross-border response determines success or failure (Shortcut)

An employee who was accused of bidding corruption and breach of trust by the company he worked for was cleared of the charges. According to the legal community on the 30th, the Uijeongbu District Prosecutors' Office ordered a non-indictment against Mr. A, a former energy company employee who was sent on charges of breach of trust and breach of trust on the 27th of last month. Mr. A, who worked at a global energy company, allocated excessive quantities to logistics company B, which offered a higher price quote than others, for one year starting in October 2023. He was accused of causing damage. He was also accused of making the CEO pay millions of won worth of travel expenses along with an implicit request while traveling with the CEO of Company B. However, Mr. A denied all charges. Because the company's mistake caused a large amount of damage to company B, the company allocated the quantity to company B to prevent the company from having to pay compensation. In addition, he claimed that he did not arbitrarily select a company and allocate the quantity because the quantity allocation was approved after reviewing the internal factory manager and the head office. Regarding the payment of travel expenses, he explained, “I prepared the travel expenses myself, and I also returned all expenses partially supported by the CEO of Company B with a check.” The prosecution determined that Mr. A could not be seen as having committed a crime alone or taking unfair financial advantage. Considering the fact that, due to the company's system, Mr. A cannot freely select a logistics company and allocate quantities, and that the company claimed that damage was caused by Mr. A but was unable to estimate the amount, it was determined that there was no evidence to establish a charge of breach of trust. Regarding the payment of travel expenses, the ratio of the volume allocated to Company B around the time of Mr. A's trip was maintained at a similar level as before, so it was judged that he did not receive an unfair request and give preferential treatment. Attorney Kim Myeong-cheol of Daeryun Law Firm, who defended Mr. A, said, “We revealed that the lowest price quote cannot be an unconditional criterion for selecting a logistics company, and by closely analyzing the internal approval system of a large company to prove that Mr. A's actions were a reasonable decision, we were able to be acquitted.” “There was,” he said.[View full article] I made an internal payment, but I was sued... Energy company employee acquitted of bid corruption charges (Shortcut)

When entrusting work from a primary insurance company, whether the personal information processor independently collects, manages and operates customer information. The status of personal information processors in the insurance industry has been put on the chopping block as the Supreme Court ruled that an exclusive insurance agent belonging to a primary insurance company who was indicted for using core customer personal information to change insurance details is not a 'personal information processor'. As corporate insurance agencies (GAs) are pursuing the introduction of specialized insurance sales companies, the analysis is that the identity of the personal information processor varies depending on whether they are independent or entrusted. According to the financial and legal circles on the 30th, the Supreme Court recently overturned the original decision that convicted Mr. A, an exclusive planner who stole customer personal information and modified insurance contracts, as a personal information processor, and remanded the case back to the Seoul Central District Court. Previously, the first and second trials viewed designer A as a 'personal information processor' and sentenced him to 10 months in prison and two years of probation. The Supreme Court's reason for overturning the original judgment was that it was necessary to determine whether a person is a personal information processor based on who has the authority to ultimately determine the purpose and means of processing personal information. The key point of the ruling is that the status of personal information processor must have ‘decision authority’ regarding the processing of personal information. This ruling is also having an impact on the GA industry, which is pushing for the introduction of insurance sales companies, advocating for the so-called ‘separation of manufacturing and sales’ that separates product manufacturing and sales. Kim Yong-tae, president of the Korea GA Association, said that insurance companies will focus on product development and asset management, and that sales and follow-up management will be handled by a separate specialized company. Experts analyzed that although it will vary depending on the method of introduction, if an insurance sales company establishes its own database to manage customer information and determine a sales strategy, there is a possibility that it will have the status of a personal information processor. Jeong Jin-yeol, a lawyer at LK Bipyeongsan Law Firm, said, “If product planning and sales are completely separated, the status of the personal information processor is likely to become an insurance sales company.” Currently, GA focuses on agency and brokerage work, but the interpretation is that professional companies have independent responsibility and authority for sales. Shin Hye-jin, lawyer at Daeryun Law Firm, explained, "If an insurance sales company is entrusted with work from an insurance company and processes customer information, the insurance company maintains its status as a personal information processor as a consignor. On the other hand, if it independently collects and manages customer information and conducts business activities based on this, there is a possibility of forming a joint personal information processor relationship with the insurance company." An official from the GA Association said, "How and how personal information will be handled when introducing an insurance sales company is something that will be discussed by the authorities or in the process of introducing laws, so it is not possible to judge at this time." However, he added, "If a sales company becomes a company, it will be at the level of a quasi-financial company, so a more strengthened personal information maintenance system will be needed than the GA type, which is an agency." However, analysis followed that this ruling does not completely eliminate the designer's responsibility. The Supreme Court ruled that even if the defendant is not a personal information processor, he or she may be subject to the penalty provisions under Article 74 of the Personal Information Protection Act. Article 74 stipulates that if an agent or employee of a corporation commits a violation in relation to work, a fine shall be imposed not only on the offender but also on the corporation. The burden on insurance companies has grown further. Attorney Shin said, "Just because a planner is not a personal information processor does not mean that the agent is completely exempt from punishment. From the insurance company's perspective, this ruling clearly assigned the status and responsibility as a personal information processor, so responsibility for overall management of customer personal information collected and processed through insurance planners has been strengthened." He then emphasized, “Insurance companies, GAs, and planners all need to clearly understand the meaning of the ruling and reexamine their personal information management systems appropriate to their respective legal status.”[View full article] Controversy over the status of insurance planners as ‘personal information processors’… “It depends on the seller” (Shortcut)

A soldier in his 20s, who was accused of being an accomplice to a telephone financial fraud (voice phishing) organization, was cleared of charges by the prosecution after handing over his account number and other information to a person impersonating a counselor while trying to obtain a loan. According to the legal community on the 29th, the Daejeon District Prosecutors' Office Seosan Branch cleared Mr. A, a man in his 20s, who was sent on charges of violating the Electronic Financial Transactions Act and aiding and abetting fraud on the 19th of last month. Mr. A was accused of being involved in money laundering by a telephone financial fraud organization. He was accused of providing his bank account information and ID to use as a conduit. He was also accused of finding the amount of fraud that came into his account and delivering it to a telephone financial fraud organization. However, Mr. A denied the charges. In March of last year, while talking to a counselor who he found out through an online loan advertisement, he was deceived by saying, "You can only get a loan if you create transaction details," and became involved in a crime after providing his account number, password, and identification card. Mr. A also received an offer from another person impersonating a counselor while looking for an additional loan, saying, "Your account is being used for fraud. If you find the money deposited in the account and deliver it to us, we will report it to the Financial Supervisory Service and provide relief," and after complying, he was also charged with aiding and abetting fraud. Mr. A claimed, "I never expected that my account would be used for fraud. At the time, I was in a situation where it was difficult to make a sound decision because I was in huge debt after being defrauded of investing hundreds of millions of won." At the same time, he explained, “I asked the so-called counselors several times about the progress of the loan, and if I had had the perception that it was a crime, I would not have done this.” The prosecution determined that neither of Mr. A’s charges were valid. According to the Supreme Court precedent, renting 'access media' such as electronic information contained in the magnetic strip of a deposit account or electronic card can be considered a violation of the Electronic Financial Transactions Act, but the information provided by Mr. A does not fall under this. Regarding the charge of aiding and abetting fraud, considering that Mr. A did not suspect that the loan process was abnormal or could be involved in a crime while talking to people impersonating a counselor, it was deemed that there was no intention to facilitate the crime of telephone financial fraud. Attorney Kim Hyun-soo of Daeryun Law Firm, who represented him, said, "In order to constitute a crime of aiding and abetting, there must be awareness and intent to facilitate the crime of the principal offender, but Mr. A was only a victim of a serial fraud who was deceived while trying to get a loan. We were able to get an acquittal by explaining that the loan was urgent due to the desperate economic situation he was in at the time and there was no perception that it was a crime."[View full article] The information you provided to get a loan ended up in the hands of a fraudulent organization... A man in his 20s accused of being an accomplice was acquitted. (Shortcut)

[CU Agreement, Direct Negotiation Test Bench ④ End] A chain of waves can be felt [Editor's note] The labor-management agreement surrounding CU logistics was reached and the conflict was resolved. The effectiveness of the agreement and the normalization of logistics are now key. We look at the meaning of government intervention, the logistics recovery situation, and the impact it will have on other labor disputes. With the logistics dispute between BGF Logistics and Korea Freight Forwarders temporarily resolved, attention is focused on the impact it will have on the logistics industry as a whole. In an industry where multi-level consignment structures are common, as cases of high-ranking logistics corporations engaging in direct negotiations are emerging, demands for primary negotiation from labor unions of other logistics companies ahead of wage and collective agreements (wage agreements) in the second half of the year are expected to spread. According to the logistics industry on the 29th, the CU branch of the Confederation of Democratic Trade Unions (KCTU), the Public Transport Workers' Union Freight Solidarity Headquarters (Cargo Solidarity), the convenience store branch, and BGF Logis held a meeting at the Jinju branch of the Ministry of Employment and Labor at 5 a.m. on this day. A tentative agreement was reached on a collective agreement. BGF Logis is a logistics subsidiary of BGF Retail, which operates convenience store CU. The day before, Minister of Employment and Labor Kim Young-hoon and Rep. Kim Joo-young, secretary of the ruling party in the National Assembly's Climate, Energy, Environment and Labor Committee, visited the site and mediated negotiations. The agreement includes a 7% increase in transportation fees, guaranteed paid vacation four times a year, immunity from civil and criminal charges and cancellation of provisional injunctions for cargo unions, and compensation for the families of deceased union members. Both sides initially decided to hold a signing ceremony at 11 a.m. on this day, but the schedule for the signing ceremony has not been finalized as detailed coordination has not been completed. What the industry is paying attention to is the structure of negotiations. In the early stages of this dispute, the Korean Freight Solidarity pointed out BGF Retail, the main body of CU's franchise business, as a negotiating party, but as the strike continued to prolong, it took a step back by accepting BGF Logis, which is in charge of logistics, as a negotiating party. As a result, this agreement was reached not with BGF Retail, the primary distribution contractor, but with BGF Logis, a top logistics corporation, taking the lead. CU Logistics is usually operated in a multi-level structure consisting of BGF Logis, a logistics center, a local transport company, and individual delivery drivers. In this structure, the direct user and the higher-level corporation with actual operational influence are separated under the contract, so there are conflicting interpretations as to how far the negotiating partner will be viewed in the event of a dispute. Initially, the government also took the position that this issue should be viewed carefully in relation to the usability issue, but the atmosphere changed as confusion on the ground increased due to the prolonged strike. On the 20th, at the protest site in front of the Jinju Logistics Center in Gyeongnam Province, a truck (replacement truck) hit union members, killing one person and injuring two others. In addition to the long-term strike, on-site fatal accidents and damage to stores coincided with the Minister of Employment and Labor and the ruling party members visiting the negotiation site to mediate, and it is interpreted that BGF Logis directly participated in the negotiations in this process. The bases of less than 10% of union members were blocked... The controversy over recognition of representativeness and the fact that key supply chain bases have been shut down only with low organizational ratios are also attracting attention from industry and labor circles. Of the 5,500 CU delivery drivers, it is estimated that 7 to 8%, or 380 to 440, belong to the cargo union. Although its proportion compared to the total article is not large, it is analyzed that negotiation power has increased with the blockade of the Jincheon Logistics Center, which serves as a national hub. Controversy over representativeness also remains. Criticism is being raised about whether it is appropriate for the union to act as the de facto representative bargaining agent in a situation where less than 10% of all delivery drivers belong to the Korea Freight Workers' Union. Issues are also raised regarding whether there was sufficient consultation regarding representation with non-union members and other stakeholders during the negotiation process. The business structure unique to the convenience store industry is also considered a factor in increasing pressure for an early settlement. Convenience store logistics has a high proportion of fresh food, event products, and daily delivery products, so even short-term delivery disruptions can lead to a decrease in sales. Some in the industry estimate that BGF Retail's damage due to this incident is in the range of 5 to 6 billion won. As the situation has entered a controlled phase, the company is faced with the follow-up task of recovering damage to franchisees and preparing support measures. BGF Retail made an official statement on this day and emphasized, "We will closely examine the damage situation and prepare support measures for franchisees as soon as possible." This settlement is expected to have a significant impact on labor-management relations in the logistics industry in the future. As there remains a precedent of higher-level corporations engaging in direct negotiations due to the burden of prolonging disputes, there are observations that demands for similar methods of negotiation are likely to spread during the wage and collective bargaining phase in the second half of the year. There is a possibility that it will be mentioned as a reference case during the discussion on the revision of Articles 2 and 3 of the Trade Union Act, which is pending in the National Assembly. However, some in the legal community and industry are cautiously arguing that this case should not be broadly interpreted as an issue of recognition of the usability of primary contractors in the logistics industry as a whole. Bang In-tae, lawyer at Daeryun Law Firm, said, “In this case, BGF Logis, not BGF Retail, entered into negotiations as a user,” and added, “We need to be cautious in viewing this as an example of acknowledging the use of a primary contract across the logistics industry.” Reporter Hwang Jeong-won (garden@sidae.com)[View full article] BGF-Cargo Solidarity Agreement, Will It Be a Signal for ‘Direct Negotiations’? (Shortcut)

[CU agreement, testbed for direct negotiation ②] Minister Jin Du-jin... Other labor-management relations equity issues [Editor's Note] An agreement between labor and management over CU Logistics was reached and the conflict was resolved. The effectiveness of the agreement and the normalization of logistics are now key. We look at the meaning of government intervention, the logistics recovery situation, and the impact it will have on other labor disputes. The logistics dispute between the CU branch of the convenience store branch of the Korea Confederation of Trade Unions (KCTU), the Public Transport Workers' Union, and the Freight Solidarity Headquarters (Cargo Solidarity) was resolved after 24 days of strike. As the ministers of the relevant ministries and ruling party members personally visit the negotiation sites and begin mediation, discussions surrounding the extent to which the government will be involved in future labor-management disputes at industrial sites are expected to intensify. According to the Ministry of Employment and Labor and the logistics industry on the 29th, the CU branch of the Korea Freight Solidarity Convenience Store Branch and BGF Logis tentatively agreed to a collective agreement through the fifth round of negotiations at 5 a.m. on the same day. The agreement included a 7% increase in transportation fees, guaranteed paid vacation once a quarter four times a year, immunity from civil and criminal charges for the cargo union, and cancellation of the injunction prohibiting business interruption. BGF Logis and Korea Freight Alliance decided to hold a signing ceremony at 11 a.m. on this day and sign the agreement, but time was delayed in the process of coordinating detailed items, and the final agreement was postponed. The two sides negotiated all night long at the Jinju Employment and Labor Office in Gyeongnam, starting at 8 p.m. the previous evening. Minister of Employment and Labor Kim Young-hoon and Democratic Party of Korea lawmaker Kim Ju-young also attended the scene and supported mediation. With the conclusion of the agreement, the blockade of major logistics bases such as Jinju and Jincheon will be lifted, and BGF Retail plans to begin 100% normalization of logistics during the week. The labor community is evaluating this settlement positively in that the protracted dispute has entered a phase of settlement. In a situation where, in addition to the prolonged strike, a fatal accident occurred on site, the government's role in mediation seems to be meaningful. The management community is reacting cautiously regarding the scope of the government's involvement in the field. There is a view that the presence of a minister and a sitting member of the National Assembly at the negotiation site in a situation where the main contractor's obligation to negotiate is not clearly defined may have placed a significant burden on the management. The management community is cautious about the level of intervention... The special nature of the case is considered to be the reason behind the government's mediation of the Yellow Envelope Act. On the 20th, a truck hit union members at a rally in front of the convenience store CU Jinju Logistics Center, killing one person and injuring two others. Afterwards, the blockade continued to the Jincheon Logistics Center, which serves as a national hub, and some franchisees responded that sales had fallen by 30%. There is a possibility that the government has begun making on-site adjustments in consideration of the social costs of a prolonged situation. There are also critical views surrounding the consistency of the government's response. The Ministry of Employment and Labor initially stated that this issue was not related to the Yellow Envelope Act, but after the fatal accident, the level of response changed, with the minister directly mediating at the negotiation site. It is also of interest whether this mediation is in line with the government's labor policy, which advocates improving the dual structure of the labor market. If a similar dispute occurs in the future, it is expected that the key issue will be the standards and fairness under which the government will decide whether to intervene. As multi-level consignment structures are common due to the nature of the logistics industry, it is highly likely that discussions will continue surrounding the scope of negotiation responsibilities of higher-level corporations and the mediation role of the government. This case is expected to have a significant impact on wages and collective agreements (wage agreements) in the logistics and distribution industry in the second half of the year. As a precedent is established for top logistics corporations to engage in direct negotiations, there are observations that unions in other industries may make similar demands. There remains controversy over the representativeness of the union, which accounts for less than 10% of the total number of delivery drivers, as the de facto representative negotiating body. Ultimately, this settlement is evaluated as an example that goes beyond a single logistics dispute and exposes the scope of the government's intervention in labor disputes, the negotiation responsibility of upper-level operators, and the negotiating power and representativeness of minority unions. However, some are cautious, saying that it is difficult to view this agreement as a precedent in which the user rights of primary contractors are immediately recognized. Bang In-tae, a lawyer at Daeryun Law Firm, said, "In this case, BGF Logis, not BGF Retail, entered into negotiations," and added, "It is difficult to view this as a case where the use of outsourced contracts across the logistics industry was immediately recognized." He added, "If the number of cases in which the relationship between top logistics companies that set actual logistics operation standards and site borrowers becomes an issue increases, in the future, there is a possibility that it will lead to discussions on the negotiation structure at the industry level beyond individual corporate units." Reporter Hwang Jeong-won (garden@sidae.com)[View full article] To what extent government intervention... Labor policy ‘test bed’ in CU logistics negotiations (link)

When faced with charges of sexual crime, what determines whether an actual crime is established is whether or not the requirements set by the law are met. Criminal punishment is possible only based on laws enacted by the National Assembly in accordance with the principle of legality of crime, and Article 12 of the Constitution and Article 1 of the Criminal Act prohibit punishment that is not in accordance with the law and due process. Therefore, simply receiving a charge and establishing a crime under the law should be approached as separate issues. The standard for determining whether a specific act constitutes a crime is 'correspondence to the elements.' This is the process of verifying whether all of the behavioral requirements stipulated by law are met. For example, in the case of the crime of forcible indecent assault under Article 298 of the Criminal Act, all three requirements - assault or intimidation, an act directed at a person, and indecent assault - must be proven to be established. If even one of these elements is missing, the person cannot be punished as a forcible molestation under the law. Analysis of the elements is also essential in recent cases of obscene acts using communication media (prostitution), which frequently occur. According to Article 13 of the Special Act on the Punishment of Sexual Violence, the purpose of satisfying sexual desire and the ‘reach’ of media that causes sexual shame are conditions for establishment. Even if a sexual message is written, if it is not actually transmitted and reached the other person, a crime will not be established due to the failure to meet the structural requirements. In many cases, acquittal in sexual crime cases is due not only to the absence of the act but also to the lack of legal structural requirements. Rather than being intimidated by the facts of the charges, suspects should closely analyze whether the charges presented by the prosecution fully meet the legal requirements. The process of verifying each legal requirement is the most basic and core step in establishing a sexual crime defense strategy. Therefore, from the beginning of the investigation, it is necessary to professionally review with a defense attorney whether your actions meet the criminal requirements specified in the law. We must recognize that meeting legal requirements is a critical criterion that determines the establishment of a crime, and block the possibility of unnecessary criminal punishment through logical and thorough legal responses from the early stage. Help: Attorney Youngjin Ahn, Daeryun Law Firm[View full article] The key to deciding whether to be innocent of a sexual crime is ‘component requirements’… We must calmly consider whether legal requirements are met (link)