CONTENTS
- 1. Complaint for Unpaid Wages: The Story of a Client Who Came to Daeryun
- - Complaint for Unpaid Wages: How Daeryun Assisted
- - Complaint for Unpaid Wages: The Result of the Assistance
- 2. Complaint for Unpaid Wages: Concept and Disadvantages
- - Disadvantages in a Complaint for Unpaid Wages
- 3. Complaint for Unpaid Wages: When You Receive Legal Assistance
- - Complaint for Unpaid Wages: Daeryun Law Firm's Response Strategy
1. Complaint for Unpaid Wages: The Story of a Client Who Came to Daeryun
The client, who was the subject of a complaint for unpaid wages, operated a company providing machinery maintenance and emergency dispatch services.
The client had entered into an employment contract with employee A (hereinafter the "Plaintiff") for emergency dispatch service work.
The employment contract included a provision stating that "due to the nature of emergency dispatch work, the amount cannot be converted into an hourly figure."
After resigning, however, the Plaintiff claimed that the client had failed to pay overtime allowances and severance pay, and filed a complaint for unpaid wages.
The Plaintiff's assertions were as follows.
2) Because the standby time should be included, the wages that the Plaintiff was actually entitled to receive should have been higher. The client, however, paid only the wages stated as the net amount received, so the client should pay the recalculated severance pay of approximately 50 million won.
The client therefore requested the assistance of Daeryun Law Firm in order to defend against the Plaintiff's claim.
Complaint for Unpaid Wages: How Daeryun Assisted
To defend against the complaint for unpaid wages, Daeryun Law Firm formed a task force that included an attorney specializing in civil matters and proceeded with the response.
1) Emphasizing the validity of the contract under relevant precedent
in special cases where it is recognized that calculating working hours is difficult, a wage payment contract based on a comprehensive wage system is valid when it is found to cause no disadvantage to the worker and to be justified (Supreme Court Decision 2008Da6052, May 13, 2010), the firm emphasized that the contract concluded between the Plaintiff and the client was a legally justified and valid contract.
2) Rebutting whether standby time is included in actual working hours
Through collaboration with the internal evidence investigation center, the firm secured message records, work logs, and other materials, and confirmed that during the standby time the Plaintiff spent the time freely, including sleeping in a rest area provided by the client.
The firm also emphasized that the client did not issue any particular work instructions during that standby time, and asserted that the standby time could not be characterized as working hours.
3) The agreement at the time the employment contract was concluded with the Plaintiff
The Plaintiff's employment contract expressly contained the provision "due to the nature of emergency dispatch work, the amount cannot be converted into an hourly figure."
On this basis, the firm argued that, apart from the base salary, overtime allowances, other allowances, and the like had been set as a fixed amount regardless of working hours, and emphasized that the Plaintiff and the client had already reached an implied agreement at that time.
Complaint for Unpaid Wages: The Result of the Assistance
The court recognized that the Plaintiff and the client had concluded the employment contract after reaching an agreement, that the nature of the work made it impossible to calculate working hours precisely, and that the standby time was not included in actual working hours.
Accordingly, the court rendered a judgment stating, "The Plaintiff's claim is dismissed," and also ordered the Plaintiff to bear the litigation costs.
After the matter was resolved without incident, the client expressed gratitude to Daeryun, saying, "I can finally feel at ease."
2. Complaint for Unpaid Wages: Concept and Disadvantages
A complaint for unpaid wages refers to a legal procedure that a worker initiates when the worker has not received wages, bonuses, severance pay, and the like that are lawfully payable under the Labor Standards Act and other statutes.
Once a report is filed, the Regional Labor Office may summon the employer to conduct an investigation and may issue a determination of the amount in arrears and a corrective order to make payment.
Caution is required, because if wages continue to go unpaid despite the corrective order, the case may be referred to the prosecutors' office.
Disadvantages in a Complaint for Unpaid Wages
If detected, an employer may be subject to criminal punishment and administrative sanctions at the same time.
Criminal Punishment | Imprisonment for not more than 3 years or a fine not exceeding 30 million won |
Administrative Sanctions | - Disclosure of the business establishment's name on the Ministry of Employment and Labor website (upon detection two or more times) - Restriction on participation in public bidding by the State and local governments - After the government pays the unpaid wages to the worker on the employer's behalf, the government later seeks reimbursement from the employer |
Caution is required, because in cases of intentional or repeated nonpayment, an actual custodial sentence is often imposed.
3. Complaint for Unpaid Wages: When You Receive Legal Assistance
A complaint for unpaid wages can lead directly to criminal punishment and administrative sanctions, so a prompt response is important.
If there is a dispute over working hours or wage calculation, you should respond by preparing clear supporting evidence at an early stage.
Complaint for Unpaid Wages: Daeryun Law Firm's Response Strategy
Daeryun Law Firm approaches complaints for unpaid wages with a multidimensional defense structure.
The firm analyzes the characteristics of each matter and responds with the following strategies.
The firm systematically secures the materials that are central to the case, such as messenger records, work logs, dispatch records, and the actual circumstances of rest and standby periods.
▶ Detailed analysis of the employment contract and the actual mode of work
The firm reviews not only the wording of the contract but also the actual mode of operation and the payment structure together, in order to confirm whether the form and the substance are consistent.
The firm reviews, in line with the standards set out in precedent, whether the matter is one in which a comprehensive wage system or a fixed-salary structure can be legally recognized.
▶ Review of wage calculation through consultation with internal labor attorneys and accountants
In collaboration with internal experts such as labor attorneys and accountants, the firm examines the lawfulness of the wage calculation method and the severance pay calculation structure.
The firm prepares to rebut whether the amount asserted by the Plaintiff was calculated excessively and whether it conforms to legal standards.
▶ Consistent response from the Labor Office investigation through civil and criminal procedures
From the stage of appearance at the Labor Office through the civil and criminal procedures, the firm organizes the direction of statements and responds strategically to ensure that no unnecessary misunderstandings arise.
▶ Formation of a task force of one to twenty members, including attorneys specializing in civil matters and attorneys specializing in corporate matters
Together with attorneys specializing in civil matters, the firm reviews the facts and the legal principles to respond to the lawsuit claiming unpaid wages, and with the assistance of attorneys specializing in corporate matters, it systematically manages the matter through the criminal procedures as well, thereby providing a one-stop solution for the lawsuit claiming unpaid wages.
A complaint for unpaid wages requires a systematic response from the early stage of the case.
If you need assistance, please share your situation with Daeryun Law Firm through the 🔗legal consultation reservation.
We will review a response strategy suited to the matter and assist you in minimizing unnecessary legal risks.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
