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.
Resolution of disputes arising from disciplinary measures such as salary reduction, suspension of business, and transfer to another position or location.
Resolution of disputes related to employee eligibility, including eligibility of workers in special employment arrangements and subcontracted workers.
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.
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.
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.
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).
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.
“Tier 1” in All Ten Practice Areas – Benchmark Litigation Asia-Pacific 20232023.05.09
Subcontracting Arrangement in Direct Production Process Found to be Legal2023.02.27
Korean Supreme Court Issues Decision Denying a Worker Dispatch Relationship Between Tier 2 Vendors and a Manufacturing Company2022.11.03
Court Decision Denying Inclusion of Incentive Payments as Wages2022.10.27
The Supreme Court Recognizes the Legitimacy of the Dismissal of Employees Hired by Unlawful Means2022.10.06
Court’s Decision Denying the Employee Status of Tada Service Drivers2022.07.15