CONTENTS
- 1. The Client Who Sought a Labor Attorney
- - How the Client Came to Seek a Labor Attorney
- 2. Laws Relevant to the Case, Explained by a Labor Attorney
- 3. Assistance Provided by the Labor Attorney
- - Labor Attorney: Arguing That the Client Did Not Commit Any Unlawful Act
- - Labor Attorney: Arguing That the Client Did Not Interfere with Business
- - Labor Attorney: Arguing That the Client Was Unfairly Dismissed
- 4. The Court's Decision on the Labor Attorney's Arguments
- - If You Need the Assistance of a Labor Attorney
1. The Client Who Sought a Labor Attorney
The client who sought a labor attorney requested the assistance of an attorney handling labor cases in order to prove that the defendant had unfairly dismissed the client.
How the Client Came to Seek a Labor Attorney
The client in this case had been performing duties at the workplace for approximately three years.
One day, the client suddenly received notice of dismissal from the workplace on the grounds of wrongful receipt of a bonus, acts exceeding authority, and interference with duties.
Unjustly implicated in the allegations described above, the client requested an audit from the relevant authority in order to prove innocence.
As a result of the audit, it was found that the grounds for dismissal asserted by the defendant did not exist, and the client also received an acquittal on the charges of embezzlement and others.
The client felt deeply aggrieved at having been dismissed despite having learned and performed the defendant's duties independently and having never committed any unlawful act.
With the assistance of a specialized attorney, the client sought a labor attorney in order to establish that the defendant's act constituted 🔗unfair dismissaland to file a suit for confirmation of nullity of dismissal.
2. Laws Relevant to the Case, Explained by a Labor Attorney
Together with the labor attorney, we will examine the effect of confirmation of nullity of dismissal.
Reinstatement
A worker who obtains a judgment granting the claim in a lawsuit for confirmation of nullity of dismissal, where the dismissal constitutes unfair dismissal, recovers the original employment relationship. In other words, the effect of the dismissal becomes null and void.
Payment of wages for the period of dismissal
Pursuant to the main text of Article 538 of the 「Civil Act」, a worker who obtains a judgment granting the claim in a suit for confirmation of nullity of dismissal may claim wages.
Among the wages for the period of dismissal that the worker may receive, the portion within the limit of the shutdown allowance cannot be subject to deduction of interim earnings, and such deduction must be made only within the range of the amount exceeding that shutdown allowance (Supreme Court Decision 90Da18999 rendered on December 13, 1991, and Supreme Court Decision 2011Da95519 rendered on March 13, 2014).
3. Assistance Provided by the Labor Attorney
The labor attorney established a systematic strategy on the basis of know-how accumulated over many years, extensive practical experience, and expertise.
The attorney presented arguments asserting the following.
Labor Attorney: Arguing That the Client Did Not Commit Any Unlawful Act
It was established in the audit and the trial that the facts asserted by the defendant as grounds for the client's dismissal involved no wrongdoing.
The attorney emphasized that the client had learned and performed the defendant's duties independently and in good faith, that there could have been trial and error in that process, but that the client had never committed any unlawful act.
Labor Attorney: Arguing That the Client Did Not Interfere with Business
The acts exceeding authority and interference with duties on the part of the client, as asserted by the defendant, arose from conflicts in the course of work.
At the time, many other employees also held considerable dissatisfaction with the defendant's unilateral decision-making.
The attorney emphasized that the client had merely performed duties amid the situation of conflict with the defendant at the time, and had not exercised any act exceeding authority or interfered with duties.
Labor Attorney: Arguing That the Client Was Unfairly Dismissed
When a conflict with the client arose, the defendant dismissed the client without any legitimate grounds for dismissal and without following the proper procedure.
The attorney emphasized that, even though it had been established through the audit and the trial that there was no reason for the client's dismissal, the defendant was asserting the client's wrongdoing and thereby rationalizing the unfair dismissal.
4. The Court's Decision on the Labor Attorney's Arguments
The court accepted the labor attorney's argument and rendered the judgment: ‘It is confirmed that the dismissal imposed by the defendant on the plaintiff is null and void. The defendant shall pay the plaintiff 3.3 million won per month until the date of the plaintiff's reinstatement.’
If You Need the Assistance of a Labor Attorney
Unlike other types of cases, labor cases have the characteristic of being somewhat distinctive and complex.
Daeryun LLC, on the basis of diverse experience in handling matters and its expertise, devises strategies suited to its clients and responds to cases accordingly.
If you find yourself in a situation similar to this case and require the assistance of a specialized attorney, please feel free to contact Daeryun LLC 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.
