Q
I want to file a lawsuit related to unfair dismissal.
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I won a civil lawsuit. Even though I received the court judgment, the other party isn't paying, which is frustrating. I heard I need to proceed with real estate compulsory execution in this case, but I'm not sure exactly what procedures to follow. Can I immediately enforce execution once the judgment is finalized, and what documents are needed for compulsory execution? If the other party hides assets or has already transferred them to someone else, can compulsory execution still proceed, and is help from a real estate specialist attorney needed?
unfair dismissal
daegu attorney
unfair dismissal lawsuit
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作者: 정찬우
Hello, I am a Daegu attorney.
In your case, if you were urged to resign and confirmed the fact of an internal appointment, this is highly likely to be unfair dismissal as the employer substantially forced resignation.
Unfair dismissal refers to an employer dismissing a worker without just cause or procedure. Even if a resignation letter is submitted, if it was forced against one's will, it is regarded as dismissal.
Grounds for recognizing unfair dismissal include indirect resignation inducement by the employer such as exclusion from work, forced resignation recommendation, and internal appointment of a successor. Dismissal based on gender, age, parental leave, or labor union activities is also prohibited by law.
For an unfair dismissal lawsuit, you must prepare circumstantial evidence such as the labor contract, conversation contents, call recordings, and the situation before and after resignation.
You can also apply for remedy to the labor commission or file a dismissal invalidity confirmation lawsuit in administrative court.
If a favorable judgment is rendered in the lawsuit, the dismissal becomes invalid and you can claim reinstatement to the original position along with wages during the dismissal period.
For accurate legal response, it is important to establish a strategy with the assistance of a Daegu attorney.
Daeryun Law Firm's Daegu attorneys provide the following assistance for clients.
> Collection of circumstantial and physical evidence to prove unfair dismissal: Securing key evidence related to resignation pressure such as text messages, emails, recordings, and messenger records
> Representation in labor commission remedy applications and lawsuit procedures: Accompaniment throughout the entire process from preparation of remedy applications to attendance and statements
> Filing of dismissal invalidity confirmation lawsuits and wage claims: Reinstatement to original position and unpaid wage claims through administrative court lawsuits
> Representation in criminal complaints and petitions: Support up to pursuing criminal liability for violations of the Labor Standards Act or unfair measures by the employer
Unfair dismissal is not simply a matter of resignation but a serious matter threatening livelihood.
Since the initial response determines the outcome, please prepare a strong and systematic response through professional legal assistance.
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