CONTENTS
- 1. The Client Who Came to the Daegu Law Office
- 2. Daegu Law Office Establishes a Defense Strategy for the Client
- - Daegu Law Office Argues That There Was No Employment Relationship
- - Daegu Law Office Argues That There Were No Specific Terms in the Labor Contract
- 3. Result of the Daegu Law Office's Assistance: Successful No Prosecution
1. The Client Who Came to the Daegu Law Office
The client who requested help from the Daegu attorney office asked us to prove that the client was being unjustly accused of an act in violation of the 🔗Labor Standards Act.
The client was operating a convenience store located in Daegu together with the complainant.
To save on labor costs, the client and the complainant decided to split each day in half for work and to divide the income in half.
The client, whose health had recently worsened, frequently had to visit the hospital, and during those times the client provided the complainant, who worked in the client's place, with an hourly wage in addition to the allotted income.
As time passed and the convenience store's sales worsened, reducing the income, the complainant abruptly filed a complaint against the client on charges of violating the Labor Standards Act, including forced labor and violation of the minimum wage law.
Bewildered by the sudden complaint, the client visited the Daegu attorney office to defend against the charges.
Statutes Relevant to the Labor Standards Act Reviewed by the Daegu Attorney
Labor Standards Act Article 7 (Prohibition of Forced Labor)
An employer shall not force a worker to perform labor against the worker's free will by means of violence, intimidation, confinement, or any other means that unjustly restricts mental or physical freedom.
Labor Standards Act Article 36 (Settlement of Money and Valuables)
Where a worker dies or retires, the employer shall pay the wages, compensation, and all other money and valuables within 14 days from the date on which the cause for payment arose. However, where there are special circumstances, the deadline may be extended by agreement between the parties.
Labor Standards Act Article 43 (Payment of Wages)
① Wages shall be paid in currency directly to the worker in full. However, where there is a special provision in statutes or a collective agreement, a portion of the wages may be deducted or paid in a form other than currency.
② Wages shall be paid at least once a month on a fixed date. However, this shall not apply to wages paid on a temporary basis, allowances, or other equivalent payments, or to wages prescribed by Presidential Decree.
2. Daegu Law Office Establishes a Defense Strategy for the Client
The Daegu attorney office set out to provide assistance in clearing the client of the unjust charge of violating the Labor Standards Act.
Daegu Law Office Argues That There Was No Employment Relationship
The Daegu attorney office argued that the client and the complainant were not in an employment relationship falling under the Labor Standards Act.
Although the client was registered as the business operator of the convenience store, the client and the complainant had jointly invested money and operated the convenience store as a partnership.
The Daegu attorney office submitted as evidence the transfer records of the investment amounts and the fact that the two had attended the head office's store-owner training together.
In addition, on the basis of Supreme Court precedent, we presented the standard for determining whether an employment relationship existed.
Whether a person is a worker under the Labor Standards Act should be determined, rather than by whether the form of the contract is an employment contract or a contract for work, according to the substance of the matter, namely whether the worker, in a subordinate relationship for the purpose of wages, provided labor to the employer in the business or workplace.
Daegu Law Office Argues That There Were No Specific Terms in the Labor Contract
In order to prove that the client and the complainant were not in an employment relationship, the Daegu attorney office argued that ‘there are no specific terms regarding an employment contract.’
An employment contract is one of the consensual and bilateral contracts, yet here there is no content of offer and acceptance between the parties.
In other words, there is no specific evidence that an employment contract was concluded.
3. Result of the Daegu Law Office's Assistance: Successful No Prosecution
Accepting the arguments of the Daegu law office, the prosecution decided, "In this case, whether the complainant is a worker under the Labor Standards Act is an important factor. The relationship between the complainant and the suspect cannot be conclusively characterized as an employment relationship for the purpose of wages."
At Daeryun, our 🔗attorneys provide legal services tailored to each client through their deep understanding of and experience with investigation and trial procedures.
If you would like the help of a seasoned attorney with consultation, investigation, and trial proceedings in a situation like the one above, please visit the Daeryun 🔗Daegu law office.
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