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Jipyong and Duroo awarded the ‘Public Service Award’ at the ‘5th Korea Legal Awards’

2022.12.12

On December 12, 2022, Jipyong and Duroo awarded three Public Service Awards at the 5th Korea Legal Awards. 
 
The 'Korea Legal Awards' is co-hosted by Money Today Co., Ltd. and the Korean In-House Lawyers Association, and jointly supervised by Money Today the L and Naver Law (Law N Media), which grant an award in the field of law by selecting the most meaningful achievements in each field. 
 
1. Junggok-dong Murder Case to Conduct a Public Interest Litigation 
 
Jipyong overturned the original judgment in the Junggok-dong electronic anklet murder case and obtained the final decision from the Supreme Court acknowledging the State’s responsibility, winning the Public Interest Award at the 5th Korea Legal Awards. Jipyong thereby addressed the nature of the State's responsibility for compensation and emphasized the irrationality of systematic errors in the State's action to prevent recidivism in this case. JIPYONG further claimed that there was an error in the lower court decisions while clarifying the legislative purpose of the Electronic Device Attachment Act and the state's duty to monitor and prevent recidivism. In response, the Supreme Court held that there was an error in the lower court’s decision, which held that it is not illegal because the performance of the police officers and probation officers merely lacked objective justification, because it misunderstood the legal principles related to 'violation of laws and regulations,' which is a requirement for recognition of state compensation liability under the State Compensation Act, and such misunderstanding influenced the judgment, acknowledging the grounds for the appeal. The case was advised by Mr. Seong Jin  BAE, Mr. Seong Cheol PARK, Mr. Poom JANG, Mr. Dong Young YOON, Ms. Min Ah SEO, and Mr. Sangyong JUN. 
 
2. Unconstitutionality of the Penalty Provisions for Assembly during the Election Campaign 
 
Jipyong and Duroo won the Public Service Award at the 5th Korea Justice Awards for obtaining a decision acknowledging the unconstitutionality of Article 103, Paragraph 3 of the Public Official Election Act, which punishes assemblies and gatherings during the election campaign. The petitioners in this case were prosecuted for holding a talk concert with political content during the election campaign for the 19th National Assembly election. Article 103, Paragraph 3 of the Public Official Election Act stipulates that no one may hold a native folks society, relatives’ society, alumni association, unity or picnic, or other assemblies and meetings during the election period, with the aim of influencing an election. Jipyong and Duroo filed a constitutional petition claiming that the aforesaid provision excessively violated the freedom of political expression, and the Constitutional Court held that the provision is unconstitutional in July 2022. The case was advised by Mr. Seong Cheol PARK from Jipyong, and Mr. Seung Hyeon LEE, Ms. Ju Eun LEE, and Mr. Cho Rok CHOI from Duroo. 
 
3. Establishment of Refugee Recognition Criteria on Airport Transfer  
 
Duroo won the Public Service Award at the 5th Korea Legal Awards by giving an African who had been confined in the transit area of Incheon International Airport for a year and two months an opportunity to undergo refugee screening. Refugee ‘A’ had lived for 1 year and 2 months on a sofa in front of Gate 43 of Incheon International Airport because he was not eligible to go through immigration as a transit passenger as the destination of his plane ticket was not in Korea. Duroo, on behalf of Refugee ‘A,’ filed a lawsuit against the Incheon International Airport Immigration Office of the Ministry of Justice, claiming that there is an error in the Ministry of Justice's interpretation of Article 5 of the Refugee Act, which stipulates that any foreigners residing in Korea can apply for refugee status to the Ministry of Justice and it shall be interpreted as allowing them to apply for refugee status if they had physically entered the country. In May 2022, the Seoul High Court ruled that "Korea's sovereignty extends to the foreigners in Korean airports and their transit areas," and that the "foreigners entering Korean airport transit areas should also be regarded as the 'foreigners in Korea'." The case was represented by Mr. Sang Hyun LEE and Han Jae LEE from Duroo. 
 
[Photo] 
<img alt="" height="426" src="https://www.jipyong.com/uploads/editor/image/2022/12/20221215012524_221212.jpg" width="750" />

News Update JIPYONG Labor & Employement Group Publishes “Administrative Interpretation of Major Labor Cases in 2022” 2023.03.13

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