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Employment Litigation “Top-tier practice with a deep bench advising on a range of labour and employment disputes.”
– Chambers Asia-Pacific 2019


Building on years of experience, Kim & Chang’s Employment Litigation Practice offers a full range of legal services to advise on all aspects of labor and employment litigation.

Unrivaled Expert Group

Our Practice consists of former judges and prosecutors with a wealth of litigation experience and attorneys who specialize in labor and employment law.  We work closely with labor and HR consultants and are supported by tax professionals including certified public accountants, economic analysts and researchers to provide our clients with comprehensive legal service.

Comprehensive Solutions Through Multi-Disciplinary Cooperation

Our Practice provides optimal solutions to clients by assembling a team of professionals with the requisite expertise and experience.  If additional issues arise beyond the field of labor and employment law, we have the resources to provide clients with comprehensive advice that cover all relevant areas of law.  

Extensive Experience and Know-how

Our Practice has unmatched experience and know-how in representing clients in labor and employment litigation.  Using a large database of information accumulated over the years, we deploy an effective and flexible system to advise and represent our clients successfully in all types of disputes arising in the labor and employment area. 

Composition of a Dedicated Team for Each Client

For each client, we assemble a dedicated team with the required expertise, taking into consideration the unique needs and expectations of each client.  The dedicated team is able to gain intimate knowledge of its client’s circumstances and guide the client with strategies that cover all possible scenarios through all litigation phases.

Key Servicesshow

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.


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, and collective bargaining and 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 allegations, including business interruption, defamation, trespassing and violations of employment-related statutes (Labor Standard Act, Trade Union and Labor Relations Adjustment Act, Industrial Safety and Health Act, Employment Security Act and Employment Insurance Act).

Key Experienceshow

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

  • Advocated a company in an en banc Supreme Court review of an ordinary wage case in 2013.  After a public hearing, we obtained a favorable ruling for the company that employees’ claim for additional statutory allowances (after the scope of ordinary wage was expanded) was against the principle of good faith.
  • Represented companies in various ordinary wage litigations and obtained favorable court rulings that periodic bonuses paid to employees do not constitute ordinary wage because they lack the element of permanency and expanding the scope of ordinary wage to include certain allowances would violate the principle of good faith.  
  • Defended several companies in lawsuits brought by employees seeking additional allowance for overtime work on holidays at a premium rate.  Arguing based on the legislative intent of the Labor Standards Act and other precedents, we persuaded the en banc panel of the Supreme Court to reject the employees’ claims.
  • Successfully defended a credit information company against contract workers’ claim of eligibility for full employee status.
  • Represented an insurance company in a lawsuit brought by a retired insurance manager, head of the education team for insurance planners, insurance telemarketers and a general affairs manager of the insurance agency, who sought severance payments arguing they were full-fledged employees and eligible for full employee benefits.  We obtained a dismissal of the lawsuit.
  • Represented a global company and a global bank in lawsuits where the plaintiffs sought nullification of their dismissals and secured dismissals for the clients.   
  • Obtained dismissals of claims by workers subcontracted to an automobile tire manufacturer and a tobacco packing company for benefits under the Act on Protection of Dispatched Workers.
  • Represented insurance companies and securities companies in lawsuits where employees alleged unfair inter-department transfers.  We obtained favorable rulings that their transfers were not unfair or unreasonable because their qualifications were appropriate for the new positions or responsibilities. 
  • Obtained a favorable ruling for an automobile parts manufacturer in a lawsuit brought by its former employees who alleged wrongful layoff and sought to nullify the layoff.  The court found that the layoff, which was necessitated by the manufacturer’s financial conditions, met all of the legal requirements and was valid.


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