We pride ourselves in being ranked as the top legal service provider in labor and employment dispute resolution in Korea, having achieved excellent results for our clients in significant labor and employment-related lawsuits. The following is a brief overview of our dispute resolution services.

Wage and Severance Payment

Resolution of disputes related to wage and severance payments, including disputes related to the interpretation of “ordinary wage” and “minimum wage,” performance-based bonus systems, and flexible working hour arrangements.

Dismissals

Resolution of disputes arising from dismissals, including petitions seeking nullification of dismissals for redundancy or unfair labor acts.

Disciplinary Measures

Resolution of disputes arising from disciplinary measures such as salary reduction, suspension of business, and transfer to another position or location.

Employee Eligibility

Resolution of disputes related to employee eligibility, including eligibility of workers in special employment arrangements and subcontracted workers.

Dispatched Employee

Resolution of disputes arising under the Act on the Protection of Temporary Agency Workers, such as illegal dispatch of employees, direct employment of dispatched employees, in-house subcontracting, and implied contractual relationship for employment.

Workplace Injury

Resolution of disputes related to workplace injuries, including disputes over whether or not certain injuries can be deemed as occupational accidents and other disputes involving both workplace injuries and employment-related issues such as unfair disciplinary measures.

Collective Bargaining

Resolution of disputes in relation to labor unions, unfair labor practices, collective bargaining negotiations and collective bargaining agreements.

Petitions for Interim/Preliminary Relief

Advocating or defending petitions for preliminary injunctions on issues such as payment of wages, preservation of employee status, suspension of employment rules, approval of collective bargaining, and enjoining interference with business and illegal meetings/demonstrations.

Criminal Defense

Resolution of labor-related criminal petitions including allegations of business interruption, defamation, trespassing and violations of employment-related statutes (Labor Standards Act, Trade Union and Labor Relations Adjustment Act, Industrial Safety and Health Act, Employment Security Act and Employment Insurance Act).

Below are representative labor and employment litigation matters we have handled over the years:

 In-house Subcontracting Litigation

• Successfully represented the Korea Expressway Corporation (“KEC”) in a lawsuit filed by its subcontractor’s employees performing maintenance/management of the intelligent transportation system (“ITS”) facilities on the nation’s highways, obtaining a favorable court decision that held there was no worker dispatch relationship between the KEC and the subcontractor’s employees.

• Successfully represented a domestic car company, securing a favorable court decision that rejected the employee status of in-house subcontracting workers. This success was the result of a meticulous analysis of the factual background regarding the worker dispatch relationship and the applicable legal principles.

• Secured a landmark Supreme Court ruling that, for the first time, validated the legality of in-house subcontracting in the direct manufacturing process. This decision was obtained in a lawsuit filed by employees of an in-house subcontractor against a tire manufacturer.

• Successfully represented a tobacco packing company in a lawsuit filed by its subcontractor’s employees, who packed manufactured products under a subcontracting agreement, obtaining a favorable court decision.

Employee Status Litigation

• Successfully represented a credit information company in multiple lawsuits filed by debt collectors who entered into service agreements with the company, obtaining a favorable court ruling that the debt collectors were not employees under the Labor Standards Act.

• Successfully defended an insurance company against claims for statutory severance payments by plaintiffs who alleged that they were employees, securing court decisions that denied the plaintiffs’ claims to employee status.

• Successfully represented the government in a lawsuit filed by post office employees, securing a favorable court ruling. The court rejected claims of employee status based on implicit employment contracts and worker dispatch, confirming that the government was not their employer.

• Successfully represented an automobile company in a lawsuit filed by salespersons hired by an automobile dealer, ultimately securing a favorable Supreme Court decision that upheld the lower court’s decision denying the existence of a worker dispatch relationship.

• Successfully represented a global company and a global bank in lawsuits filed by a former corporate officer and a representative of the Korean branch office respectively, obtaining a favorable court decision that held neither the former officer nor the representative of the Korean branch office were employees.

 Wage Peak System Litigation

• Successfully represented an insurance company in several lawsuits filed by employees challenging the company’s wage peak system as unlawful age discrimination, obtaining a favorable court ruling that the wage peak system did not constitute age discrimination under the Elderly Employment Act.

• Successfully represented an automobile manufacturing company in multiple lawsuits filed by employees challenging the company’s wage peak system with a retirement age extension as unlawful age discrimination, obtaining a favorable court ruling.

• Successfully represented a domestic airline in a lawsuit filed by employees challenging the company’s wage peak system with a retirement age extension as unlawful age discrimination, obtaining a favorable court ruling that the wage peak system did not constitute age discrimination under the Elderly Employment Act.

• Successfully represented an insurance company in a lawsuit by retirees challenging the company’s wage peak system on the basis that it was introduced by amending the rules of employment without obtaining individual employees’ consent. The court ruled in favor of the company, holding that it would not be reasonable to deem the wage peak system as disadvantageous solely due to a wage reduction, without considering the retirement age extension.

Ordinary Wage Litigation

• Following an en banc review of an ordinary wage case and a public hearing in 2013, secured a landmark Supreme Court ruling that held the employees’ claim for additional statutory allowances due to the expansion of the scope of ordinary wages was against the principle of good faith.

• Successfully represented a global automotive parts maker in a lawsuit filed by the labor union, which claimed that regular bonuses and business performance pay constituted ordinary wage, obtaining favorable rulings from the lower court, appellate court and Supreme Court.

• Successfully represented an airline in a lawsuit filed by employees, obtaining favorable decisions from the lower court, appellate court and Supreme Court, which rejected the claim that hourly flight allowance and basic flight allowance constituted ordinary wage.  Additionally, we obtained a Supreme Court ruling that the employee’s claims were against the principle of good faith.

Business Performance Bonus Litigation

• Successfully represented a credit card company in a lawsuit filed by a retiree, obtaining a favorable court ruling that rejected the claim that performance pay should be included in the average wage.

• Successfully represented a foreign pharmaceutical company in a lawsuit by presenting a meticulous analysis of the incentive systems of both the headquarters and the Korea branch, obtaining a favorable court ruling that the company’s incentives did not constitute wages under the Labor Standards Act and should not be included in the average wage.

 Holiday Work Allowance Litigation

• Successfully represented a company in a lawsuit where employees sought additional payment of the holiday work allowance, arguing that the written agreement on the substitution of holidays was defective and that the company failed to pay holiday work allowance for Labor Day, ultimately obtaining a favorable court decision.

• Successfully represented a company in a lawsuit filed by employees seeking additional allowance for overtime work on holidays at a premium rate, securing the Supreme Court’s en banc decision that no premium rate should apply to additional allowance for overtime work on holidays.

Dismissal for Managerial Reasons Litigation

• Successfully represented a manufacturer in a lawsuit regarding a layoff implemented as part of its rehabilitation plan by demonstrating that the statutory requirements for dismissal for managerial reasons were met.

• Successfully represented an automotive parts maker in a lawsuit filed by employees regarding a layoff conducted due to a business crisis, obtaining a favorable court ruling that the layoff was legitimate as it met the statutory layoff requirements.