CONTENTS
- 1. The Client Who Sought a Labor Attorney
- - The Story the Client Confided to the Labor Attorney
- - Unfair Dismissal Statutes Explained by a Labor Attorney
- 2. Labor Attorney's Assistance for the Client
- - The Plaintiff Violated the Rule Requiring Written Notice of Dismissal
- - The Client's Financial Situation Became Very Precarious Due to the Unfair Dismissal
- 3. Result of the Labor Attorney's Assistance: “Favorable Judgment”
- - Unfair Dismissal Calls for the Help of a Labor Specialist Attorney
1. The Client Who Sought a Labor Attorney
For a consultation with a labor attorney, the client who came to the 🔗Daeryun Labor and Industrial Accident Group had been subjected to unfair dismissal by the employer and obtained a ruling granting an application for relief. However, the employer, whose request for reexamination had been dismissed, had filed an administrative lawsuit against the National Labor Relations Commission.
The Story the Client Confided to the Labor Attorney
The labor attorney listened to the entire process, from how the client was dismissed to how the matter came to the present administrative litigation.
The client worked as a site manager at the plaintiff company for about 2 years.
One day, however, they were suddenly given notice of dismissal and lost the job that very day.
The reason was that they had made remarks insulting the plaintiff employer to another worker and had caused property damage to the company.
The client, however, argued that the dismissal was unfair on the ground that the notice of dismissal was not given in writing, filed an application for remedy against unfair dismissal with the Regional Labor Relations Commission, and had the application granted.
The plaintiff, however, did not accept this and applied for reexamination to the National Labor Relations Commission. The application was dismissed, and the plaintiff then filed administrative litigation to contest the dismissal of the application.
Because the administrative litigation was brought with the National Labor Relations Commission as the defendant, the client's position was that of an intervenor assisting the defendant.
Unfair Dismissal Statutes Explained by a Labor Attorney
The plaintiff violated the Labor Standards Act in that it did not provide the client with written notice of the dismissal.
▣ Labor Standards Act Article 27 (Written Notice of Grounds for Dismissal, etc.)
① In order to dismiss a worker, an employer shall notify the grounds for dismissal and the timing of the dismissal in writing.
② The dismissal of a worker takes effect only when notified in writing pursuant to paragraph (1).
The purpose of this provision is to require employers, through written notice of the grounds for dismissal and other matters, to exercise prudence in dismissing a worker, and also to clarify the existence, timing, and grounds of the dismissal so that any subsequent dispute over it may be resolved appropriately and easily, while also enabling the worker to respond properly to the dismissal. Accordingly, when an employer notifies the grounds for dismissal and other matters in writing, the notice must be such that the worker can specifically understand, from the worker's standpoint, what the grounds for dismissal are. - Supreme Court, Decision of September 10, 2015, 2015Du41401 |
In this case, the worker may 🔗proceed with a lawsuit for unfair dismissal. The procedure is as follows.
① First, the worker may file an application for remedy with the Regional Labor Relations Commission. Through this application procedure, the Regional Labor Relations Commission reviews the unfair dismissal and determines an appropriate remedial measure.
② Then, if the application for remedy is dismissed, the worker may file a request for reexamination with the National Labor Relations Commission within 10 days from the date of receiving the Regional Labor Relations Commission's written decision of dismissal.
③ If the worker also disputes the reexamination ruling of the National Labor Relations Commission, the worker may file a lawsuit for unfair dismissal within 15 days from the date of being served the written reexamination ruling. This is handled by the Regional Administrative Court and must be filed within 90 days from the date the party becomes aware that the disposition was made and within 1 year from the date the disposition was made. |
2. Labor Attorney's Assistance for the Client
The labor attorney explained as follows in order to argue that the client had indeed been unfairly dismissed by the plaintiff.
The Plaintiff Violated the Rule Requiring Written Notice of Dismissal
When the plaintiff dismissed the client, it did not provide written notice of the grounds for dismissal and the timing of dismissal.
The plaintiff asserted that clear grounds for the client's dismissal existed, citing as its basis the provision in Article 26 of the Labor Standards Act that "where a worker intentionally causes a serious impediment to the business or inflicts property damage, the employer need not give advance notice of dismissal,"
but the client argued that, so long as there was a procedural defect violating the duty to give written notice of dismissal in the first place, that provision could not apply.
The Client's Financial Situation Became Very Precarious Due to the Unfair Dismissal
The client lost his job after being unexpectedly dismissed overnight by the company where he had worked for about two years.
As a result, he was unable to earn income and lived in a very precarious economic state, and he argued that he had suffered great economic and psychological hardship.
3. Result of the Labor Attorney's Assistance: “Favorable Judgment”
As a result of the labor attorney clearly proving the client's unfair dismissal, the lawsuit for revocation of the retrial decision on remedy for unfair dismissal, brought by the plaintiff employer, was dismissed, and the case was won.
Unfair Dismissal Calls for the Help of a Labor Specialist Attorney
In an unfair dismissal lawsuit, the burden of proving the unfair dismissal lies with the worker, and for this reason the assistance of a specialized attorney is important.
Law Firm Daeryun has attorneys with extensive experience in unfair dismissal lawsuits who actively assist clients facing difficulties.
If you need help, you may request a legal consultation with the Daeryun 🔗Labor and Industrial Accident Group labor attorney at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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