Legal Q&A

I would like to know about debt collection hours.

When I looked it up on the internet, I heard that there are also hours set by law for debt collection and that failing to comply with those hours can be illegal. However, I am not exactly sure until when the debt collection hours run, and I am curious whether cases of receiving calls or visits at night or in the early morning also fall under this. If such conduct constitutes illegal debt collection, I would like to know whether filing a report or a legal response is actually possible.

What measures are taken when a corporate rehabilitation application is filed?

Hello. Recently our company's financial situation has deteriorated sharply, so we are considering a corporate rehabilitation application. I heard that once the application is filed the court intervenes immediately, and I would like to know in advance what measures are actually taken and whether restrictions arise on management or the disposal of assets, so that I can respond. I would be grateful if you could let me know!!

Is there a way to reduce the gift tax burden when succeeding to a family business?

There is a small and medium-sized enterprise that my father has run for more than 20 years. Because he is now advanced in age, he is considering transferring the company to me in advance through a lifetime gift rather than by inheritance. However, I am quite worried because I have heard that the gift tax burden is considerable when family business shares are received as a gift. I would like to know in detail whether I too can be granted the special taxation system and what the requirements for its application are.

I intend to file a complaint against an employee who committed the crime of taking a bribe in breach of trust. How should I proceed?

I am the CEO running a manufacturing company. Recently, during an internal audit, we discovered indications that an employee in charge of purchasing received money and entertainment from a supplier. It appears that, in the course of concluding a contract with a particular supplier, the employee overlooked terms unfavorable to the company and received cash and entertainment in return for excluding competitive bidding. We have currently secured internal materials, some account flows, and email records, and I would like to know whether this matter constitutes the crime of taking a bribe in breach of trust, and whether, if we file a criminal complaint against the employee, liability could also fall on the company.

Is there a way to avoid a custodial sentence for a violation of the Occupational Safety and Health Act?

Hello. I am the CEO running a small and medium-sized manufacturing company. Recently, a safety accident at the worksite resulted in the death of one worker, and the possibility of an investigation on charges of violating the Occupational Safety and Health Act and occupational negligence causing death is currently being raised. I am very worried about the possibility of a custodial sentence. I would like to know whether there is a way to avoid a custodial sentence, what points I should focus on demonstrating, and why the assistance of an attorney during the investigation is necessary.

I want to protect my company's brand overseas as well. Would I need legal advice?

Our company holds a brand for which trademark registration has already been completed in Korea. As we recently plan to enter overseas markets, we want to protect that brand abroad as well, and I would like to know specifically what methods are available when filing a trademark application overseas, or whether an international application system can be used. I would also like to know the reasons for obtaining legal advice when proceeding with an overseas trademark application and the role it plays.

If a teacher is caught drunk driving, are they dismissed immediately?

My husband is a teacher, and a short while ago, after having drinks following work, he drove home himself and was caught in a crackdown. His blood alcohol concentration was 0.09%, which they said is at the level for license revocation. However, I have heard that a teacher's drunk driving is treated far more strictly than that of an ordinary company employee, so could being caught even just once like this make it impossible for him to stand at the teaching podium in the future? If a teacher is caught drunk driving, will he be dismissed immediately?

A medical dispute has arisen. How should I resolve it?

Hello, I run a small orthopedic clinic in a provincial area. A few days ago, a patient raised an issue claiming that a medical accident occurred during treatment, and a medical dispute has begun. Since this is my first time experiencing such a matter, I am at a loss as to how to respond and resolve it. I would appreciate an overall explanation of the procedures and methods by which a medical dispute can be resolved when it arises.

If an accounting fraud issue arises during the preparation of financial statements, will management also be punished?

I work as an executive in charge of finance at a company. Recently, it was pointed out internally that some of our accounting treatments may not conform to the standards, and I heard that they could be challenged during the external audit as well. Even if it is not intentional window-dressing accounting, I am curious whether being judged as accounting fraud could lead to criminal punishment, and how far the scope of liability actually extends.