CONTENTS
- 1. The Client Who Reached Out to the Labor Attorney
- - How the Client Came to Reach Out to the Labor Attorney
- 2. Laws Relevant to the Case, Explained by the Labor Attorney
- 3. Assistance Provided by the Labor Attorney
- - Labor Attorney: Argument That the Company Concealed the Fact of Dismissal
- - Labor Attorney: Argument That the Company Violated Proper Procedure
- - Labor Attorney: Argument That the Company Must Maintain the Trust of the Organization
- 4. The Labor Relations Commission's Decision Accepting the Labor Attorney's Arguments
- - If You Need the Assistance of a Labor Attorney
1. The Client Who Reached Out to the Labor Attorney
The client who sought out a labor attorney came to an attorney specializing in labor matters and requested a consultation in order to obtain legal remedy for an unfair dismissal.
How the Client Came to Reach Out to the Labor Attorney
The situation of the client who came to a labor attorney for a consultation is as follows.
The client in this matter was working at an insurance-related company.
Then, one day, there was an event in which management control of the company changed significantly.
Prompted by this, the client was dismissed from the company under the pretext of a recommended resignation.
The client was placed in a deeply distressing situation, having been dismissed without reason and against their own will.
With the assistance of an attorney, the client requested the aid of a labor attorney in order to file an application for remedy regarding the 🔗unfair dismissal.
2. Laws Relevant to the Case, Explained by the Labor Attorney
Article 28 (Application for Remedy against Unfair Dismissal, etc.)
(1) Where an employer dismisses an employee unfairly, etc., the employee may file an application for remedy with the Labor Relations Commission.
(2) An application for remedy under paragraph (1) shall be filed within three months from the date the unfair dismissal, etc. occurred.
Article 29 (Investigation, etc.)
(1) When the Labor Relations Commission receives an application for remedy under
(2) When the Labor Relations Commission conducts an examination under paragraph (1), it may, upon the application of a party concerned or ex officio, summon witnesses to appear and question them on necessary matters.
(3) When the Labor Relations Commission conducts an examination under paragraph (1), it shall afford the parties concerned a sufficient opportunity to submit evidence and to cross-examine witnesses.
(4) The detailed procedures for the investigation and examination by the Labor Relations Commission under paragraph (1) shall be as determined by the National Labor Relations Commission (hereinafter referred to as the “National Labor Relations Commission”) under the “Labor Relations Commission Act”.
Where an employer dismisses an employee without justifiable reason, the employee may file an application for remedy with the Labor Relations Commission.
An employee who has been unfairly dismissed may file an application for remedy for the unfair dismissal with the Labor Relations Commission and may also bring an administrative litigation.
3. Assistance Provided by the Labor Attorney
In order to obtain remedy for the client who had been dismissed without justifiable reason, the labor attorney carefully ascertained the circumstances of the matter and established a strategy suited to it.
The labor attorney argued the following.
Labor Attorney: Argument That the Company Concealed the Fact of Dismissal
The company was aware of the substantive facts of the unfair dismissal.
However, it asserted only the legitimacy of the dismissal and maliciously concealed the facts.
It was emphasized that, as a result, the client faced economic hardship and sustained substantial disadvantage.
Labor Attorney: Argument That the Company Violated Proper Procedure
The dismissal of an employee must be carried out fairly through lawful procedures.
However, the company disregarded the conduct of lawful procedures and unfairly dismissed the client.
It was emphasized that legal remedy was necessary for the client, whose rights had not been protected due to the unfair dismissal.
Labor Attorney: Argument That the Company Must Maintain the Trust of the Organization
A company must bear social responsibility in various respects.
However, the company in question carried out the dismissal without going through fair procedures, thereby causing disruption to trust within the organization, and it was emphasized that this was unfair from legal, ethical, and practical standpoints.
4. The Labor Relations Commission's Decision Accepting the Labor Attorney's Arguments
The Labor Relations Commission accepted the labor attorney's argument and granted the application for remedy against unfair dismissal.
If You Need the Assistance of a Labor Attorney
This matter was an account of a client who, with the help of a labor attorney, succeeded in an application for remedy against unfair dismissal.
Unlike ordinary matters, the field of labor has its own particularities and can be somewhat complex.
Daeryun Law Firm, drawing on extensive practical experience and expertise, prepares tailored responses.
It conducts matters in a manner favorable to clients so that stable labor-management relations can be established.
If you are in a situation similar to this matter and require the assistance of an attorney, we recommend that you come to Daeryun Law Firm for a consultation 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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
