Pohang Attorney | The Pohang Attorney's Assistance Recovers All Unpaid Wages and Concludes the Case

The Pohang attorney conducted a thorough consultation to accurately understand the account of the client, who wished to file a wage lawsuit.

The client was verbally dismissed, along with verbal abuse, by a manager during a weekly meeting at the company on the grounds of poor work attitude and the like.

Having lost in an instant the job she had held for more than a year, the client filed an application for remedy against unfair dismissal with the Regional Labor Relations Commission, and the dismissal was found to be unfair.

The company filed an application for reexamination with the National Labor Relations Commission, challenging the unfair-dismissal finding, but the application was dismissed.

Nevertheless, the company was still not paying the client her wages, annual leave allowance, and dismissal notice allowance.

Accordingly, the client came to Daeryun's Pohang attorney to file a lawsuit in order to be paid her wages, annual leave allowance, and dismissal notice allowance by the company.

■ The Legal Principles of Wage Litigation Explained by the Pohang Attorney

Labor Standards Act

Article 26 (Advance Notice of Dismissal)

An employer who intends to dismiss a worker (including dismissal for managerial reasons) shall give advance notice at least 30 days beforehand, and if such notice is not given 30 days beforehand, shall pay at least 30 days' ordinary wages. However, this shall not apply in any of the following cases.

1. Where the period of continuous employment of the worker is less than 3 months

2. Where it is impossible to continue the business owing to a natural disaster, a calamity, or any other unavoidable reason

3. Where the worker intentionally causes serious disruption to the business or inflicts property damage, in cases prescribed by Ordinance of the Ministry of Employment and Labor

Article 36 (Settlement of Money and Valuables)
Where a worker dies or retires, the employer shall pay any wages, compensation, and all other money and valuables within 14 days from the date the cause for payment arises. However, where there are special circumstances, the deadline may be extended by agreement between the parties.

Article 60 (Annual Paid Leave)

⑤ The employer shall grant the leave under paragraphs (1) through (4) at the time requested by the worker, and shall pay, for that period, the ordinary wages or average wages prescribed by the rules of employment or the like. However, if granting the leave at the time requested by the worker would seriously disrupt the operation of the business, the employer may change the timing.

The Pohang attorney argued that the client had also not been paid the wages owed before she was verbally dismissed.

After concluding an employment contract with the company, the client had been receiving a fixed salary.

However, she was suddenly dismissed, and the company had not paid 1.5 months' worth of the client's wages following the verbal dismissal.

Accordingly, the Pohang attorney argued that the company had an obligation to pay the client's wages as well as delay damages.

The Pohang attorney argued that the client's allowance for unused annual leave had not been paid.

During her employment of about one year, the client did not use a single day of annual leave.

Although annual leave allowance had accrued after her dismissal, the company had not paid the client the allowance for the unused annual leave.

The Pohang attorney argued that the dismissal notice allowance had to be paid to the client, who had been unfairly dismissed.

The Supreme Court held that, under the main text of Article 26 of the Labor Standards Act, where an employer dismisses a worker without giving advance notice 30 days beforehand, the dismissal notice allowance payable to the worker must be paid.

The notice allowance must be paid regardless of whether the dismissal is valid, and even if the dismissal is invalid because it constitutes an unfair dismissal, the worker must be paid the dismissal notice allowance.

Accordingly, the Pohang attorney emphasized that the dismissal notice allowance had to be paid regardless of whether the dismissal was invalid as an unfair dismissal (see Supreme Court Decision 2017Da16778, Sept. 13, 2018, among others).

The Pohang attorney's client wished to file a lawsuit because she had not been paid wages and the like by the company that had unfairly dismissed her.

In response, Daeryun's Pohang office assembled a case performance team of Pohang attorneys with extensive experience in wage litigation and assisted with the case.

As a result of the case, the court accepted the Pohang attorney's arguments, and the client was able to be paid the full amount of her wages, annual leave allowance, and dismissal notice allowance.

If you are someone who wishes to file a wage lawsuit, like the client above, please come and consult with the 🔗Pohang attorney at Daeryun LLC.