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BlogsSchool Violence in Korea: What Parents Need to Know About School Violence Committees, Juvenile Justice, and Legal Procedures
If you receive a call saying your child was bullied at school — or that your child has been identified as the aggressor — most parents feel completely lost about what comes next. School violence in Korea does not end with a teacher's reprimand. It can escalate into a review by the district School Violence Committee (학폭위), a criminal complaint, a juvenile court hearing, and in serious cases, placement in a juvenile detention facility. Recently, public debate has emerged around lowering the age threshold for juvenile offenders from 14 to 13, meaning even cases involving elementary and middle school students can no longer be treated lightly. How a School Violence Case Unfolds Once an incident is reported, the homeroom teacher or principal notifies the district Office of Education, which then determines whether to convene a School Violence Committee (학교폭력대책심의위원회). Minor cases may be resolved at the school level, but most are referred to the committee, which reviews the facts and determines the appropriate disciplinary measure. If the conduct constitutes a criminal offense — such as assault, injury, threats, sexual violence, or cyberbullying — the victim's family may file a separate criminal complaint with police. It is important to note that the School Violence Committee process and criminal or juvenile court proceedings can run simultaneously. Disciplinary measures range from Level 1 (written apology) to Level 9 (expulsion). These are not merely school-level sanctions — they are recorded in the student's academic file and can affect university admissions and school transfers, leaving a long-term impact on both the victim and the offender. When the Offender Is a Juvenile Under 14 If the offending student is between 10 and 14 years old, they are classified as a juvenile offender under Korean law and are not subject to criminal punishment. Instead, the case is handled under the Juvenile Act and referred to the Family Court's juvenile division, where a protective disposition is issued. Protective dispositions range from Level 1 (supervision by a guardian) to Level 10 (placement in a juvenile reformatory). The higher the level, the greater the restriction on the child's freedom and the more significant the social stigma. With ongoing discussions about lowering the juvenile offender age to 13, it is no longer safe to assume that cases involving young children fall entirely outside the scope of juvenile court proceedings. The Outcome Is Often Decided Before the Committee Meets In many school violence cases, the direction of the outcome is already set before the School Violence Committee convenes. How a party responds in the early stages — before the first written statement, before the committee is called, before a police interview — can significantly shape the entire process that follows. These cases move faster than most people expect. From the moment the school becomes aware of an incident, a committee hearing typically takes place within a matter of weeks. If criminal or juvenile court proceedings follow, the window for preparation becomes even shorter. Within that time, the affected party must establish the direction of their account, organize the evidence, and prepare for the other side's claims. The first written statement submitted becomes the reference point for everything that follows — the committee members, the police, and the juvenile court judge will all scrutinize its consistency and credibility. A statement written in haste, driven by emotion, or containing inaccuracies is very difficult to correct later. And once a School Violence Committee ruling or a juvenile protective disposition is issued, overturning it through an appeal process is rarely straightforward in practice. When Should You Consult a School Violence Lawyer? If a medical certificate has been issued, or if the case involves group bullying, persistent exclusion, sexual misconduct, or the distribution of recordings, legal counsel should be sought from the very beginning. Where criminal proceedings or a juvenile court referral are anticipated, careful preparation — separate from the committee process — is essential. Once the seriousness of a case becomes clear, there is no time to delay in reviewing your options. Decent Law Firm's school violence team handles the full process — from the School Violence Committee through criminal and juvenile court proceedings — starting from the initial consultation through to resolution.
2026-03-20 Naver Blog -
Blogs
Inheriting Crypto from Binance and Other Overseas Exchanges: What Heirs Need to Know
If a family member passed away while using overseas exchanges such as Binance, Bybit, or KuCoin, the cryptocurrency remaining in their accounts is part of their estate. Unlike a domestic bank account, however, the process is far from straightforward. Most heirs have no idea where to begin. Crypto Held on Overseas Exchanges Is Part of the Estate The fact that an exchange is based overseas does not exclude its assets from inheritance. Any asset with economic value is subject to estate laws, regardless of where it is held. The following types of crypto assets are typically included in the estate: Coins held in spot and futures accounts on overseas exchanges such as Binance, Bybit, and KuCoin Assets held in sub-accounts, Earn/staking products, Launchpad/Launchpool, and similar products Stablecoins such as USDT and USDC, as well as altcoins and tokens of all kinds Coins stored in personal wallets such as MetaMask or hardware wallets The challenge is that, unlike domestic bank accounts, there is no centralized system for looking up balances across exchanges. Heirs must track down every exchange and wallet the deceased used on their own. This typically requires piecing together evidence from emails, text messages, OTP apps, exchange notification emails, and bank transaction records. Why Inheriting from Overseas Exchanges Is So Complicated Overseas exchange accounts are built around a single-user model. From account registration and KYC verification to two-factor authentication, everything is tied to the account holder personally. Even as a legitimate heir, you cannot simply log in or withdraw funds. ⚠️ Important: Attempting to access the account without authorization carries serious legal risk. Guessing login credentials or bypassing 2FA to move assets could expose you to criminal or civil liability. If there are multiple heirs, it could escalate into a dispute over embezzlement, breach of fiduciary duty, or unjust enrichment. Each exchange also has its own inheritance process and documentation requirements. Some, like Binance, have a formal inheritance procedure in place. Others have no published guidelines at all and handle requests case by case via email. If the account was registered under a non-Korean nationality — such as a European or Japanese address — the exchange may require documents that conform to that country's legal standards. When multiple heirs are involved, some exchanges require signatures and consent from all parties, which can stall the process for months if family cooperation breaks down. Three Problems That Are Hard to Solve Alone These are the most common difficulties heirs encounter in practice. ① The documentation cycle Even after contacting customer support, heirs often receive nothing more than a generic reply asking for proof of death and proof of heirship. Submit one set of documents, and the exchange asks for another. Misunderstandings in English-language correspondence can send the process back to square one. ② The estate tax deadline If the tax filing deadline arrives before the crypto has actually been recovered, heirs face a separate problem: which date's price should be used for valuation, and how should the filing be handled? Missing the deadline or filing incorrectly can result in significant penalties and surcharges. ③ Disputes among co-heirs One heir may want to recover and divide the assets quickly, while another delays or refuses to cooperate on documentation. If one heir accesses the account and moves assets unilaterally before an agreement is reached, it can give rise to claims of embezzlement or unjust enrichment against them. Decent Law Firm's Five-Step Process Decent Law Firm's dedicated digital asset team handles inheritance cases involving not only domestic exchanges such as Upbit and Bithumb, but also overseas exchanges including Binance. ① Identifying the deceased's crypto holdings We begin by reviewing emails, mobile records, 2FA apps, and transaction histories to build a complete picture of every exchange account and wallet involved. ② Structuring the estate and tax strategy We assess the composition of heirs, the existence of a will, the proportion of crypto relative to other assets, and the optimal approach to estate tax filing — helping the family reach a clear agreement on how assets will be divided. ③ Analyzing each exchange's requirements and preparing documentation We review the inheritance procedures and requirements for each overseas exchange, then design the appropriate authentication process — including translation, notarization, and Apostille certification where required. ④ Filing inheritance claims and supporting asset recovery We handle all English-language correspondence with the exchanges, manage document submission, and respond to follow-up requests — working to ensure the inherited crypto is transferred safely into the heirs' accounts. ⑤ Estate tax filing and ongoing risk management We oversee valuation timing, exchange rate application, and tax return preparation, while accounting for the risk of future tax audits or disputes. Not sure where to start? Let's talk first The decisions made early in an overseas crypto inheritance case can significantly affect the odds of recovery, the time it takes, the tax burden, and the likelihood of family conflict. Decent Law Firm's digital asset team is with you from the initial consultation through to final recovery and tax resolution.
2026-03-19 Naver Blog -
Blogs
Penalties for Unpaid Wages: If You Are an Employer, This May Be Your Critical Opportunity to Respond Properly
Unpaid Wages Are No Longer Just a “Civil Matter” Failure to pay wages is no longer treated as a simple contractual or civil issue. It may result in criminal liability under the Labor Standards Act. In particular, recent legislative amendments have significantly strengthened the maximum penalties applicable to employers involved in unpaid wage cases, increasing the maximum sentence from up to three years’ imprisonment to up to five years’ imprisonment. Under the revised law, the maximum penalty for employers responsible for unpaid wages has been increased from: Up to 3 years’ imprisonment or a fine of up to KRW 30 million to: Up to 5 years’ imprisonment or a fine of up to KRW 50 million This means unpaid wage cases are no longer matters that simply end with administrative fines. Employers must now realistically consider the possibility of actual imprisonment. The Initial Response During the Investigation Stage Determines the Outcome The moment a criminal complaint regarding unpaid wages is filed, criminal proceedings effectively begin. At this stage, the following factors become critically important: ① Whether there was intentional misconduct ② The employer’s actual financial ability to make payment ③ Efforts made toward repayment or settlement Investigative authorities do not focus solely on whether wages were unpaid. They place significant weight on how the employer responded to the situation. Depending on the employer’s initial statements and conduct, the case may be viewed either as: “Malicious and intentional nonpayment of wages,” or “An unavoidable financial or managerial difficulty” This distinction often has a direct and substantial impact on the severity of punishment. Why Legal Representation Matters One of the biggest mistakes employers make in wage-related cases is assuming: “I’ll just attend the investigation first and deal with it later.” However, once a statement is submitted during an investigation, it cannot easily be reversed. Legal counsel plays an essential role in areas such as: Legally restructuring and explaining the circumstances surrounding the unpaid wages Organizing evidence demonstrating payment intent and repayment efforts Designing settlement strategies and determining the appropriate timing Establishing an effective response strategy toward investigative authorities In unpaid wage criminal cases, whether and when a settlement is reached often becomes one of the most decisive factors affecting the final outcome. There are many cases where employers either attempt settlements recklessly or, conversely, neglect the matter entirely, ultimately worsening the situation. Improper handling of the case may lead not merely to fines, but to actual imprisonment. This is therefore not an issue that should ever be taken lightly. Decent Law Firm’s Response Strategy Decent Law Firm approaches unpaid wage cases not merely from the perspective of defense, but with a primary focus on minimizing criminal liability and overall legal risk. Our main response strategies include: Analyzing the structural causes of unpaid wages and narrowing the scope of liability Establishing strategies to demonstrate lack of intentional misconduct Designing phased settlement processes Simultaneously managing criminal proceedings and related civil risks In particular, wage-related disputes arising during business operations require a structural and strategic approach rather than the type of response typically used in ordinary individual disputes. By combining expertise in both labor law and criminal law, Decent Law Firm provides strategies focused on achieving practical and meaningful results. Now that criminal penalties have already been significantly strengthened, the decisions made at this stage may ultimately determine whether criminal punishment is imposed. If you are currently facing concerns regarding this issue, establishing the right direction now may substantially change the outcome of the case. This is not the time to allow the problem to escalate. It is the time to strategically control and minimize legal risk.
2026-03-17 Naver Blog -
Blogs
The Revised Yellow Envelope Act Is Now in Effect: The First Thing You Need to Check
Key Changes to Articles 2 and 3 of the Labor Union Act (Yellow Envelope Act) “Does this mean our company could now be held responsible for issues involving subcontractor employees?” This is a question increasingly being raised in real business environments. The revised Yellow Envelope Act, which took effect on March 10, 2026, is not merely a technical amendment to statutory language. It represents a major institutional shift that strengthens the authority of labor unions and fundamentally redefines the scope of employers’ responsibilities. The key changes introduced by the amendment include: Substantial expansion of the definition of “employer” Expansion of the scope of recognized labor disputes New grounds for reducing or limiting damages claims against labor unions Ultimately, the core implication is clear: labor unions now possess broader bargaining power, while companies face increased legal responsibility. As a result, companies must comprehensively review their contractual structures and internal decision-making processes, while labor unions must prepare lawful response strategies aligned with their newly expanded authority. The extent of advance preparation will ultimately determine the scale of future legal risk. The following response measures therefore deserve close attention. Key Response Points for Companies and Labor Unions Through this amendment, the scope for recognizing a principal contractor as an employer has broadened significantly, while limitations on damages claims have substantially changed the landscape of labor-management relations. From the corporate perspective, companies must carefully assess the extent to which they exercise control over working conditions within indirect employment structures such as subcontracting and outsourcing arrangements. If a principal contractor substantially influences employees’ working conditions, bargaining obligations may arise. Accordingly, companies may need to revise contractual provisions and approval procedures. In workplaces where multiple labor unions exist, it is also essential to establish strategies for responding to successive bargaining requests. To address these issues, companies should establish: Standards for unified bargaining channels Internal information disclosure procedures Response systems for damages claims arising from lawful labor disputes From the labor union perspective, direct bargaining channels with principal contractors are becoming more accessible, and the burden of damages liability during lawful labor disputes has been reduced. As a result, the legality of bargaining procedures and the efficiency of organizational strategies have become increasingly important. In essence, the amendment establishes a new standard for both labor and management: “clear responsibility and transparent procedures.” Whether adequate preparation is undertaken now will become the most important factor in determining future dispute risks. Why Work With Decent Law Firm? The revised Yellow Envelope Act is not simply about changes to statutory provisions. It is a major issue requiring companies to redesign their entire decision-making structures and labor-management communication systems. In situations like this, businesses need professionals who understand not only legal theory, but also operational realities and practical risk factors in the workplace. Decent Law Firm operates a dedicated team specializing in corporate advisory services and labor risk management, providing practical solutions in the following areas: Employer status analysis and legal risk assessment Design of bargaining and labor dispute response structures Damages liability risk control strategies Advisory services regarding collective bargaining agreements and internal policy revisions Decent Law Firm goes beyond providing abstract legal interpretations. We act as a practical partner helping businesses maintain stable labor-management relations even after the revised law takes effect. If your organization needs practical and immediately applicable response measures, now is the time to begin preparing with Decent Law Firm. Ultimately, This Is an Unavoidable Process of Change At this stage, the key response strategy is to accurately understand the purpose of the revised system, reduce unnecessary disputes, and ensure that necessary bargaining procedures become more transparent. At Decent Law Firm, consultations are conducted directly by attorneys who are also certified labor consultants, as well as legal professionals with extensive corporate operational experience. We help both companies and labor unions respond in predictable and legally sound ways while preserving the intent of the law. With sufficient case analysis and properly documented procedures, risks can be managed in advance. Before it becomes too late, it is important to seek professional legal guidance and prepare strategically.
2026-03-12 Naver Blog -
Blogs
Do Crypto & Stock Influencers (KOLs) Have to Disclose Their Holdings? What the New Korean Law Means for You
Crypto and stock influencers in Korea are increasingly hearing the term "mandatory asset disclosure" — and for good reason. The Democratic Party of Korea is preparing legislation that would require financial influencers (KOLs) who recommend stocks or crypto assets to publicly disclose the type and quantity of assets they hold, as well as any compensation they receive. What Does the Proposed Amendment Actually Require? The proposed amendment to the Virtual Asset User Protection Act centers on three key obligations. Anyone who repeatedly recommends crypto, stocks, or other financial investment products to a broad audience — or who receives compensation to encourage trading — must disclose the type and quantity of assets they hold, along with any remuneration received. Remuneration includes not just cash, but tokens, commissions, advertising fees, and other forms of payment. The penalties are what make this significant. This is not a minor administrative fine. Violations could be treated on par with market manipulation and front-running under the Capital Markets Act — in other words, a serious market order violation. Why Does This Matter Now, Before the Law Has Even Passed? Even before the legislation is enacted, the market has already shifted. Influencers who do not disclose their holdings are increasingly viewed with suspicion. In the digital asset space in particular, a common practice has come under scrutiny: receiving token allocations at below-market prices with short lock-up periods, then publishing investment recommendation content to followers. This structure is one of the primary targets of the proposed legislation. Once the law passes, past content could also become an issue. That is why now is the time to review how your channel operates. What KOLs and Trading Room Operators Need to Check Right Now The core question is: what do I need to disclose, and how much? 1. Disclosure of Holdings in Recommended Assets If you recommend a coin or stock, you need a clear standard for disclosing whether you hold it, the size of your position, and when you acquired it. Simply mentioning that you also hold the asset is not enough — the specific wording and timing of your disclosure matters. 2. Compensation Received from Projects or Exchanges If you receive cash, tokens, commissions, or advertising fees from any project or exchange, you need to document what form the payment takes, when it is received, and where and how it is disclosed in your content. Receiving compensation is not itself a problem. Concealing it is. 3. Paid Trading Rooms and Membership Services Even if you describe your service as "sharing information," you need to assess whether it could be characterized as investment advisory activity in substance. This includes checking whether you meet the registration requirements for a quasi-investment advisory business, and whether your terms of service and operating structure are aligned with the direction of the new regulations. If Any of the Following Apply to You, Consult a Lawyer Before Continuing You have received tokens or commissions from a project and recommended that asset to your audience. You operate a paid trading room or membership service where you share trade timing information. You have used language such as "principal guaranteed" or "guaranteed returns" in your content. You have received token allocations with short lock-up periods or favorable pricing, and subsequently published investment recommendation content. If any of these apply, the way you currently operate your channel may be a direct target of the proposed legislation. If You Run a Channel, Set Your Standards Now The question we hear most often from KOLs and influencers is this: "How much do I actually need to disclose? If I share too much, I expose my strategy. If I share too little, it looks like I'm hiding something." The answer is not to disclose everything. It is to establish a clear, consistent disclosure standard that fits your business model — before a problem arises. In actual virtual asset and capital markets cases, individuals who had defined their disclosure and documentation standards in advance and applied them consistently had significantly more room to defend themselves when investigations or complaints arose. Decent Law Firm's Virtual Asset Practice Group can help you identify where your current channel and content structure may carry legal exposure, establish an asset disclosure standard aligned with amendments to the Capital Markets Act and the Virtual Asset User Protection Act, draft disclosure language and disclaimers for conflict-of-interest situations, and review your terms of service and operating structure if you run a paid service. If you are already running a channel, or planning to launch KOL activity in earnest, get your standards in place now — before a complaint, investigation, or lawsuit forces the conversation. Contact Decent Law Firm's Virtual Asset Practice Group today.
2026-03-11 Naver Blog -
Blogs
Illegal Employment of Foreign Nationals: The One Thing You Must Do to Avoid Serious Penalties
Crackdowns on Illegal Employment of Foreign Nationals Are Not Mere Administrative Issues Many people mistakenly believe that crackdowns on the illegal employment of foreign nationals are simply administrative procedures. In reality, these cases involve violations of the Immigration Control Act and may result in significant legal liability not only for the foreign national involved, but also for the employer. Foreign nationals may become subject to enforcement actions if they engage in employment activities without a visa status permitting employment, or if they engage in activities beyond the scope of their authorized visa status. In such cases, a deportation order may be issued under Article 46(1)(8) of the Immigration Control Act, and reentry into Korea may be restricted for a certain period following deportation pursuant to Article 11(1)(6) of the same Act. In addition, if an employer hires a foreign national who does not possess a visa status permitting employment activities, the employer may face criminal penalties of up to three years’ imprisonment or a fine of up to KRW 30 million, regardless of intent. Importantly, statements made during the enforcement or investigation process may later affect both administrative sanctions and criminal proceedings. Accordingly, any written statements or responses carelessly submitted during an investigation may later be used as unfavorable evidence. Essential Response Strategies After an Enforcement Action If a crackdown on the illegal employment of foreign nationals has already taken place, several critical response measures are necessary. Review of Visa Status and Actual Working Arrangements The legal assessment may differ significantly depending on whether the foreign national merely “helped with work,” was in an actual employment relationship, or was working pursuant to a lawful dispatch or subcontracting arrangement. Securing Relevant Documents and Evidence Key materials include: Employment contracts Salary payment records Working hour records These materials play an important role in determining issues such as intent and the existence of an actual employment relationship. Responding Carefully to Statements and Confirmation Documents Many individuals assume that written explanations or confirmation statements are merely procedural formalities. However, such documents are often later used as evidence supporting legal liability. In cases involving crackdowns on illegal employment of foreign nationals, accurately organizing the factual background and supporting materials is critically important. If this process is not handled properly, unnecessary legal liability may expand significantly. Why Legal Representation Matters in Illegal Employment Cases Involving Foreign Nationals Although these cases may appear to be simple labor issues, they are in fact complex matters involving immigration law, criminal law, and administrative procedures simultaneously. Legal professionals play a particularly important role in the following areas: Legal analysis regarding potential visa status violations Determining whether an actual employment relationship existed Establishing defense strategies regarding the employer’s intent Responding to administrative sanctions such as departure orders or deportation, as well as criminal penalties including imprisonment or fines Many clients seek legal advice only after enforcement actions have already taken place. However, establishing a strategy during the initial response stage is far more important. Sudden enforcement actions related to the illegal employment of foreign nationals often create significant anxiety and uncertainty. In these situations, accurate legal analysis and a strategic response can make a substantial difference. Decent Law Firm’s Response Strategy Decent Law Firm has continuously handled various labor and criminal matters, including disputes involving the employment of foreign nationals. In particular, for cases involving crackdowns on the illegal employment of foreign nationals, we provide legal assistance in the following ways. First, we analyze the background of the enforcement action and the employment structure to determine the actual scope of potential legal liability. Second, we systematically organize case materials to prevent unnecessary criminal liability or excessive administrative sanctions. Third, we establish response strategies aimed at minimizing legal risks for both employers and foreign workers. Crackdowns on the illegal employment of foreign nationals are not matters that end with simple fines. They may significantly affect business operations and immigration status as well. If you are facing difficulties due to an unexpected enforcement action, it is essential to carefully review the circumstances of the case and respond strategically. With professional legal assistance, it is possible to find a more stable and effective path toward resolution.
2026-03-10 Naver Blog
