Chuncheon Law Office Assistance Example | Client Who Came to the Chuncheon Law Office Successfully Concludes a Violation of the Labor Standards Act with a Non-Prosecution Decision

The Chuncheon law office first identified the substance of the complainants' complaint through thorough legal consultation.

1. Where a worker dies or retires, the employer shall pay wages, compensation, and all other money and valuables within 14 days from the date on which the ground for such payment arose.

The client in the Chuncheon case did not pay the wages of retired worker a within 14 days from each retirement date, respectively, without any agreement between the parties to extend the payment date.

2. When concluding an employment contract, the employer shall specify to the worker the wages, contractual working hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree, and shall deliver to the worker a document specifying the items constituting the wages, the method of calculation, the method of payment, and matters concerning the contractual working hours, holidays, and annual paid leave.

The client in the Chuncheon case did not deliver a document specifying the working conditions when concluding employment contracts with retirees c and d.

3. An employer or a worker shall not, by taking advantage of a superior position or relationship in the workplace, cause physical or mental suffering to another worker or worsen the working environment beyond the appropriate scope of work.

The client in the Chuncheon case is alleged to have continued verbal abuse and mental harassment against retiree b.

The issue in the case of the client who came to the Chuncheon law office is whether complainants c and d had the status of workers.

The argument is that, in reality, only the client and the complainant representatives, a and b, were employees of the company, and that c and d had merely been registered as employees for the purpose of registering the workplace and were not actual employees.

The client argued that, at the statement of complainant representative a, who was also his business partner, that c and d had to be registered as employees in order to register the research institute, he had in effect only registered them on paper.

The Chuncheon law office emphasized that the failure to prepare employment contracts for c and d was simply because they were not actual employees, and so there was no document specifying working conditions.

As a rebuttal to the unpaid wages charge asserted by complainant representative a, the Chuncheon law office submitted a bankbook transaction statement.

The bankbook transaction record showed that wages had been transferred each month not to the account of complainant representative a, but to the account of a's younger sister.

The Chuncheon law office argued that, at the request of complainant representative a, the client had steadily transferred the monthly salary each month to the account of a's younger sister rather than to a's own account.

The Chuncheon law office rebutted the workplace harassment asserted by complainant b, stating that it was entirely untrue.

Ordinarily, the client was on close terms with the employees, beyond a mere workplace-colleague relationship.

When complainant b, facing financial difficulties, requested an advance on wages, the client lent money personally instead of providing an advance.

The Chuncheon law office submitted the text messages containing this content and the bankbook transfer records as evidence.

The Daeryun Chuncheon attorney rebutted the charge on the grounds that the client was ordinarily an employer who made sacrifices for the employees, and that the complainant had no specific evidence of workplace harassment.