[according to the law of authority] 51. Co-worker embezzlement, how do we respond?

*This content was translated by AI.

Recently, disputes between partners in the counseling field have increased remarkably.

In particular, there are many people who come after belatedly discovering that a partner who started a business together embezzled funds. Clients who have experienced betrayal in a business that started based on trust are at a loss and are at a loss. Today, let's look at legal countermeasures that can be taken practically when a partner is found to have embezzled.

First, get the evidence

Before responding emotionally, the most important thing is to secure evidence. All data that can prove embezzlement, such as bank transaction statements, accounting books, tax invoices, and text messages and emails exchanged with partners, should be collected and kept. In particular, the details of deposit and withdrawal of business accounts, the settlement of card sales, and the receipt of rental deposits or premiums can be key evidence of the dispute.

Since partners can siphon off additional funds or destroy evidence, measures to prevent additional damage are also needed, such as securing evidence immediately after discovery and changing business account passwords.

It's not "cancellation of the contract", but "disbandment of the union"

Many people say they want to terminate the partnership contract and get damages. However, legally, it should be approached as a 'dissolution and liquidation of the union' procedure, not just a termination of the contract. The partnership is a union under civil law, and the embezzlement of members is a serious reason for destroying the trust relationship and a reason to request the dissolution of the union.

According to precedents, if one partner embezzles partnership property, he or she is criminally liable for all embezzled amounts, but the amount of civil damage of the other partner is limited to his or her own profit or loss distribution ratio of the embezzlement amount. Therefore, when claiming damages, the amount of damage must be calculated based on the share of the person.

expedite property preservation measures

If a partner is concerned about concealing or disposing of his or her property, he or she should apply for seizure to the court to preserve the other party's real estate, deposits, and bonds to third parties in advance. This is because it is difficult to receive actual compensation if the other party does not have any property left, even if it is later ruled in favor.

In particular, if you are planning to get your lease deposit back or collect your sales bonds at the end of the partnership, it is effective to prepare for seizure at that point.

Strategic Use of Criminal Complaint

Since the partnership property belongs to the joint ownership of the partners, the partnership does not have the authority to dispose of it arbitrarily. If a business partner arbitrarily embezzles business property while storing it, a crime of embezzlement may be established. Criminal complaints can help bring about an agreement by putting psychological pressure on the other party, and evidence obtained in criminal proceedings can also be used in civil proceedings.

However, since a criminal complaint alone cannot receive financial compensation, it would be desirable to combine it with a civil claim for damages.

Determining the Future of Business

After organizing the partnership, you must quickly decide whether to continue your business or completely organize it. In order to continue the business, the name of the business operator, the lease contract, and the relationship with the main customer must be arranged. In particular, in the case of a two-person partnership, if one person leaves, the union relationship ends and the remaining person continues the business, so it is necessary to clarify the withdrawal settlement and follow-up procedures such as changing the business name.

In order to completely liquidate the business, the scope of residual property must be determined after dissolution of the union and the liquidation process of distributing it according to the investment ratio must be carried out.

at the end of the day

The embezzlement of partners is accompanied by not only financial losses but also emotional wounds such as the collapse of trust. However, responding only emotionally could lead to a conflict and make it difficult to get substantial compensation. A step-by-step approach is needed to secure evidence, preserve property, parallel criminal and civil procedures, and organize business relations.

Above all, it is of utmost importance to prepare clear contracts, ensure accounting transparency, and have a preventive system for regular settlement at the beginning of the partnership. If a dispute has already occurred, it would be desirable to consult with experts with specific evidence and issues to establish an optimal response strategy for your situation.

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*This content was translated by AI.