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Complete Victory for the PlaintiffCivil
Pre-Construction Home Contract Rescinded, KRW 480 Million Recovered in Full
The client entered into a purchase agreement for a detached home that was to be newly constructed in Korea. Under the agreement, the client paid a total of KRW 480 million as the deposit and the first two interim payments. At the time of signing, the developer represented that the property would be ready for occupancy within approximately one year to one year and three months. However, even after approximately five years and six months, the foundation work had not been completed. The developer later demanded additional construction costs that were not included in the original agreement and indicated that construction could not continue unless those additional amounts were paid. The client sought advice from DECENT Law Firm regarding whether they were required to continue waiting for the delayed project and whether the contract could be rescinded so that the amounts already paid could be recovered.
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Conditional Deferred ProsecutionCriminal
Conditional Deferred Prosecution in a Sexual Exploitation Communication Case under Korea’s Youth Protection Law
The client was a career service member in his early twenties with no prior criminal record or history of police investigation. After posting a message on social media suggesting an in-person encounter, the client exchanged direct messages with a person who contacted him. Believing the other person to be a minor, the client discussed sexual conduct and compensation and later travelled to the agreed meeting location. The person, however, was not an actual child or adolescent but an undercover law enforcement officer. The client was apprehended at the scene and investigated for violating the Act on the Protection of Children and Youth Against Sexual Abuse, specifically for communication for sexual exploitation purposes. Because a criminal conviction could have had a serious impact on the client’s military career and future plans, the client retained Decent Law Firm for legal representation.
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Contract Review Report DeliveredCorporate & Biz
Advisory on a Share Subscription Agreement for a Third-Party Allotment: Articles of Incorporation Requirements and Penalty Clause Restructuring
The client, an individual investor, engaged Decent Law Firm to review a share subscription agreement for a third-party allotment capital increase in a Korean startup. Under the agreement, the investor was to acquire newly issued shares while also being appointed as the company's representative director (CEO). Beyond the terms of the share issuance, the agreement included a minimum-tenure obligation for the representative director role, a vesting-style condition requiring the investor to sell back shares at par value if departing before the vesting period ended, and a penalty clause designed to enforce that obligation. Two core legal issues emerged during the review: the procedural validity of the third-party allotment, and how the penalty clause should be structured.
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Claim Granted in FullCivil
Full Recovery of Unpaid Settlement Amount Following Termination of an Online Lecture Filming Agreement
The client operated an online educational content production business and entered into a service agreement with an instructor to film a series of online lectures. A dispute arose after the instructor failed to perform the agreed filming obligations. To resolve the matter, the parties signed a settlement agreement under which the instructor agreed to pay the settlement amount in installments. The instructor made the first two installment payments but stopped responding before the final payment became due. The client subsequently filed a criminal complaint for fraud. However, the investigating authority issued a non-referral decision after finding insufficient evidence to establish fraudulent intent. The client then sought legal advice from Decent Law Firm on whether the unpaid settlement amount could still be recovered through civil proceedings, notwithstanding the outcome of the criminal investigation.
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Korea privacy consent form, Korean marketing consent...Corporate & Biz
Privacy Consent Form Advisory: Review of Marketing Communications Consent and Delivery of Revised Draft
The client operates a business in Korea that conducts promotional campaigns while also managing service users. The client requested a legal review of its draft consent form for the collection and use of personal information. Under the original draft, consent for service use, customer inquiries, and marketing purposes was combined into a single consent item. The draft also did not include a separate procedure for obtaining consent to receive promotional messages via SMS or KakaoTalk. Because users who refused marketing consent could potentially be restricted from using the service, the client required a review of possible compliance risks under Korea’s Personal Information Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection.
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Completion of NDA Clause DesignCorporate & Biz
Partnership NDA Review and Confidentiality Clause Design Advisory
The client was preparing to enter into a business partnership agreement and needed to disclose commercially sensitive information to the counterparty, including its revenue model and key partnership terms. The counterparty had provided an initial draft of a non-disclosure agreement, but the client was uncertain whether the draft offered sufficient protection for its confidential business information. The client therefore requested a legal review from Decent Law Firm. The draft defined confidential information and permitted uses only in broad terms. It also lacked detailed procedures for handling information after termination and did not provide sufficiently specific remedies for a breach.
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Delivery of Revised AgreementCorporate & Biz
Fintech Business Partnership Agreement Risk Review and Contract Revision Advisory
A Korea-based fintech startup was preparing to expand its services overseas and planned to enter into an agreement with a business development support provider responsible for identifying and introducing potential international partners. Before signing the agreement, the client requested a legal review from Decent Law Firm. Under the proposed arrangement, the support provider would introduce potential partners, including overseas fintech companies, payment service providers, and card issuers, and assist with meeting coordination and the preparation of business proposals. The total service fee was divided into an advance payment and a final payment. The final payment would become due only when specified conditions were satisfied, creating a performance-based payment structure.
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Delivery of Reviewed AgreementCrypto
Digital Wallet Development and Delivery Agreement Review and Copyright Ownership Advisory
The client is a company preparing to launch a blockchain-based digital wallet service in Korea. It planned to engage an external developer to build the initial version of the service and subsequently proceed with commercialization, further development, and ongoing operation. The draft agreement covered the development of the digital wallet, delivery of source code, test builds, API documentation, account transfers, system handover, and training support. Before entering into the agreement, the client requested a legal review of the contractual terms, particularly those concerning ownership of the deliverables, acceptance procedures, and milestone payments.
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Delivery of Reviewed AgreementCrypto
USDT Escrow Payment Agency Agreement Review and Advisory on Payment Structure
The client planned to pay development fees to an overseas developer using USDT. Under the proposed structure, the USDT would be transferred to a third-party payment agent, which would convert or liquidate the virtual assets into Korean won and deliver the payment to the developer. The arrangement was structured as a separate ancillary agreement limited to the custody and payment of funds, rather than as part of the underlying development agreement. Before entering into the agreement, the client requested a legal review of the payment agent’s regulatory status and the potential risks arising from the conversion and payment process under Korean law.
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Non-Referral DecisionCrypto
Crypto OTC Exchange Operator Cleared of Fraud Accomplice Allegations, Including Illegal Fund-Raising and Electronic Financial Transactions Act Charges
The client was engaged in crypto OTC exchange transactions, a form of direct peer-to-peer exchange conducted outside a centralized exchange platform. In this case, the complainant had followed the guidance of an investment advisory group and transferred Korean won to the client’s personal bank account on two occasions. After deducting an agreed exchange fee, the client transferred the corresponding amount of virtual assets to the wallet address designated by the complainant. When the complainant later suffered investment losses, the complainant filed a criminal complaint not only against the investment advisory group but also against the client, alleging that the client had acted as an accomplice in the alleged investment fraud. As a result, the client was investigated for fraud, violation of the Act on the Regulation of Conducting Fund-Raising Business Without Permission, and violation of the Electronic Financial Transactions Act.
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Dismissal of AppealCivil
Defendant Representation in Claim for Return of Agreed Payment: Claim Dismissed at Both Trial and Appeal
The client had previously been involved in the operation of an accessory retail business together with an acquaintance. However, the business registration and business bank account were both held solely in the name of the opposing party, the plaintiff. The client did not have authority to manage business funds or participate in key business decisions. The plaintiff later claimed that a partnership agreement, or a civil partnership under Article 703 of the Korean Civil Act, had been formed between the parties based on the fact that the client had participated in certain aspects of store operations. The plaintiff further argued that a KRW 20 million small business policy loan taken out in the plaintiff’s name had been used for the joint business, and therefore sought KRW 10 million, representing half of the loan amount, plus delay damages from the client. The court of first instance dismissed the plaintiff’s claim in full. The plaintiff appealed, and the client needed to maintain the favorable outcome at the appellate stage.
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Legal Opinion and Terms of Use Revision AdvisoryCrypto
Legal Review of a Virtual Asset Automation Program and Terms of Use Revision Advisory Completed
The client was a company developing and providing an automation program for users of a blockchain-based platform. The program was designed to automatically claim token rewards periodically available to users and to procure the gas or transaction fees required for such on-chain transactions by using assets held in the users’ own wallets. Users connected their virtual asset wallets to the program, and the program executed repetitive on-chain processes such as reward claims and swaps based on conditions pre-set by the users. The client requested Decent Law Firm to review whether the service would be subject to virtual asset service provider, or VASP, registration requirements under Korea’s Specific Financial Information Act and the Virtual Asset User Protection Act. The client also requested a review of whether its existing Terms of Use could create legal or regulatory risks.
