CONTENTS
- 1. The client who came to Daeryun through a Daegu attorney recommendation
- 2. Daeryun's assistance for the client who received a Daegu attorney recommendation
- - Daegu attorney assistance 1: arguing that the dismissal procedure was not unlawful
- - Daegu attorney strategy 2: arguing that there was no negligence in the course of performing duties
- 3. Result of the Daegu attorney recommendation: the plaintiff's claim was dismissed
- - If you are looking for a Daegu attorney
1. The client who came to Daeryun through a Daegu attorney recommendation
The client who visited Daeryun in Daegu was a chief executive operating a company located in Daegu.
The plaintiff, who had recently been notified of dismissal, had had an application for remedy against 🔗unfair dismissal dismissed at both the initial review and the reexamination.
Not accepting the dismissal of the reexamination, the plaintiff filed a lawsuit, and in order to have the plaintiff's claim dismissed, the client came to Daeryun's Daegu office in Daegu.
2. Daeryun's assistance for the client who received a Daegu attorney recommendation
For the client, Daeryun established evidence to rebut the plaintiff's arguments.
The plaintiff's grounds for the reexamination application
1. Although the client was required to go through disciplinary procedures, such as providing an opportunity to explain, it did not do so. There was an unlawful defect in the dismissal procedure.
2. The criminal conviction resulted from negligence in the course of performing company duties. The dismissal is unjust.
Daegu attorney assistance 1: arguing that the dismissal procedure was not unlawful
For the client, the Daeryun attorney argued that the dismissal procedure alleged by the plaintiff was not unlawful.
According to Supreme Court precedent, the purpose of treating ‘automatic retirement or removal ex officio due to a criminal conviction’ as a dismissal by nature, and thereby requiring it to satisfy the ‘just cause’ standard under the Labor Standards Act, lies in preventing abuse by the employer.
In the initial review and the reexamination decisions, the Labor Relations Commission, where there is no particular special issue, uses ‘whether the grounds for removal ex officio are justified’ and ‘the procedural justification of the removal ex officio’ as the standards for determining the justification of the removal ex officio as a dismissal.
In addition, the internal regulations of the client's company state ‘confirmation of a sentence of imprisonment without labor or heavier’ as a ground for removal, and since it is clear that the plaintiff received a confirmed sentence of imprisonment with labor with a suspended sentence as a result of the criminal judgment, the attorney emphasized that the notice of dismissal was not unlawful.
Daegu attorney strategy 2: arguing that there was no negligence in the course of performing duties
The client pointed out that the plaintiff's conviction was the result of the plaintiff's clear fault, not negligence in the course of duties.
The plaintiff was a manager serving as the plant manager at the client's company, which operates a medical device business.
Using the position of that manager, the plaintiff secretly sold products that failed to meet performance testing and certification standards to business partners at low prices, thereby obtaining personal gain.
Through this, the plaintiff had a considerable effect on the company's business operations and reliability, and this is a matter that makes it impossible to continue the employment relationship any longer.
The Daeryun Daegu attorney argued that this was a criminal punishment that occurred due to the plaintiff's clear fault, and that the client's notice of dismissal in response was therefore not unlawful.
On these grounds, the Daeryun Daegu attorney argued that ‘there is just cause for the client's notice of dismissal of the plaintiff, and there is no procedural defect whatsoever in the dismissal,’ and requested dismissal of the claim.
3. Result of the Daegu attorney recommendation: the plaintiff's claim was dismissed
The client who came to Daeryun succeeded in having the plaintiff's claim dismissed.
The client said, “I visited Daeryun to have the plaintiff's claim dismissed. Thanks to the Daeryun attorney, I was able to succeed in having the claim dismissed.”
If you are looking for a Daegu attorney
The above case was an instance of assisting a corporate client and having a worker's application for remedy against unfair dismissal dismissed.
In order to respond to a worker's application for remedy against unfair dismissal, it is necessary to secure objective evidence to prove the justification of the grounds for dismissal, and also to seek evidence that can rebut the other party's arguments.
At Daeryun, veteran attorneys with an average of more than 20 years of legal experience, who have served in the courts, the prosecutors' office, and the police, present defense strategies tailored to each client.
If you are looking for an 🔗attorney in Daegu, please visit the Daeryun 🔗Daegu office.
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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