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(영문) 대전고등법원 2019.10.18 2019노203
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding of facts or misunderstanding of legal principles, informed C of the documents and procedures necessary to apply for industrial accident insurance benefits, and what contents should be stated in the process of disability grade examination, but this does not constitute an act of dealing with legal counseling or preparation of legal documents prohibited under the Attorney-at-Law Act or other legal affairs.

As above, the Defendant merely assisted C and received wages from him, and does not receive any remuneration in handling legal affairs.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, one year of suspended execution, and ten thousand won of additional collection charges) is too heavy.

2. Determination

A. Article 109 subparag. 1 (e) of the Attorney-at-Law Act provides that “a person who, not an attorney-at-law, receives or promises to receive money or valuables, is punished by the person who handles other legal affairs, such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, or other legal affairs in connection with other general legal cases.” The term “other general legal cases” stipulated in the above provision refers to a dispute or doubt as to legal rights and obligations, or a general case concerning the occurrence of new legal rights and obligations (see, e.g., Supreme Court Decision 96Do2340, Aug. 21, 1998). The term “other legal affairs” stipulated in the above provision refers to the treatment of matters that generate, alter, or extinguish legal effects and the treatment of matters that preserve or clarify legal effects (see, e.g., Supreme Court Decision 2014Do16204, Jul. 9, 2015).

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