Legal Q&A

Can I file a criminal complaint for school violence even if the school violence committee is convened?

Hello. It turns out that my child had been suffering school violence at school. As a parent, I am so upset and heartbroken that I did not even know my child was going through this. Of course I reported the school violence, and a school violence committee is coming up soon. However, the wound to my child's heart is deep, so I really want the perpetrator to also face criminal punishment. Even if the school violence committee is convened, can I file a criminal complaint for school violence?

Can a third party cancel a school violence report?

A little while ago, I got into a fight with a friend at school, and my friend filed a school violence report naming me as the perpetrator. Honestly, the fight happened because of my friend's fault, and he cursed at me just the same, so it is absurd that I am called the perpetrator. I want to report him as a perpetrator in the same way; would that be possible? Also, it is a bit awkward to tell my parents, so can I cancel the school violence report myself?

How long does a record of the punishment of a school violence perpetrator remain in the school record?

Hello. I am a second-year high school student. A few days ago, a classmate reported me as a school violence perpetrator. The school violence committee has not been convened yet, but honestly, there are parts I feel are unfair. If I am punished as a school violence perpetrator, what kind of punishment would I receive? And if I am punished as a school violence perpetrator, does it remain in the school record? If it does, I would be grateful if you could also tell me how long it remains.

By what criteria is punishment for school violence determined?

Hello. My child had a fight with a friend a while ago, and the other child's side reported my child for school violence. My child, who fought just the same, feels wronged at being reported, so we too have reported the matter as school violence. Is there a separate standard for punishment for school violence? I am curious by what criteria punishment is imposed.

Does juvenile school violence necessarily refer to physical violence?

Hello. I have something I am curious about regarding juvenile school violence, so I am asking a question. I am curious whether school violence is recognized only when physical violence is involved. If someone cursed or threatened but did not hit anyone, does that mean it is not school violence? And is cursing and harassing someone through KakaoTalk or Instagram also not recognized as school violence? I am not sure about the standard. I would be grateful if you could let me know!

When divorcing, is the payment of consolation money also a situation where gift tax is imposed?

Upon divorce, I am to receive real estate as consolation money, and I found that the acquisition tax rate for real estate is 3.5%. Since the transfer of real estate received as consolation money is regarded as a transfer for value, capital gains tax is said to be levied, so does this fall under the Income Tax Act? If so, how much income tax do I have to pay? I would appreciate a response from an attorney who is well versed in the imposition of gift tax and income tax.

Even money or valuables received as bribes, are they treated as items subject to income tax assessment?

Looking at the Income Tax Act, in income tax assessment, money or valuables acquired through embezzlement are not classified as other income. Why are money or valuables acquired through embezzlement not included? Also, I understand that money or valuables from bribery or brokerage of bribes are subject to comprehensive taxation. I am curious why comprehensive taxation applies, and I do not understand why receiving a bribe is captured as subject to income tax assessment.

I falsely reported a suspicion of tax evasion. Will it constitute false accusation?

A colleague of mine who works with me at the city hall was so annoying and disagreeable that, in order to get him disciplined, I falsely reported that he had a suspicion of tax evasion, and I was then charged with false accusation. Of course, out of anger, I did write a false petition, submit it to the Commissioner of the National Tax Service, and report a suspicion of tax evasion, but afterward I resolved to confess. Would false accusation still be established in this case?

Does applying for business registration under another person's name also constitute a violation of the Punishment of Tax Evaders Act?

I once lent my business name to help an acquaintance. I suddenly received a complaint from the police, and it turned out there was a charge for lending a business name... I do not know whether I will be punished for a violation of the Punishment of Tax Evaders Act.. I only lent my name without any suspicion because they asked for help, but being suddenly told to come in for a police investigation, I feel frustrated and afraid. I would like to ask a tax attorney about matters related to the Punishment of Tax Evaders Act; please tell me even a little about how to respond.