CONTENTS
- 1. The Client Who Visited the Labor Law Office
- 2. Labor Law Office Presents a Defense Strategy Tailored to the Client
- - Labor Law Office Assistance 1. Rebuttal Argument on Unpaid Allowances
- - Labor Law Office Assistance 2. Rebuttal Argument on Unpaid Retirement Benefits
- 3. Result of the Labor Law Office's Assistance: Concluded with a Minor Fine
1. The Client Who Visited the Labor Law Office
The client who sought help from the labor law office had been sued by an employee for unpaid allowances and 🔗nonpayment of retirement benefits and similar 🔗Labor Standards Act violations.
The client was in a disadvantageous position because an employment contract had not been prepared, and so the client sought help from Daeryun's labor law office.
Relevant Statutes for the Case as Reviewed by the Labor Law Office
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 the cause for such payment arises. However, where special circumstances exist, the due date may be extended by agreement between the parties.
Employee Retirement Benefit Security Act Article 9 (Payment of Retirement Benefits, etc.)
(1) Where a worker retires, the employer shall pay the retirement benefits within 14 days from the date the cause for such payment arises. However, where special circumstances exist, the payment due date may be extended by agreement between the parties.
(2) The retirement benefits under paragraph (1) shall be paid by transferring them to the account of an individual retirement pension plan designated by the worker or to an account under Article 23-8 (hereinafter referred to as the “account of an individual retirement pension plan, etc.”). However, this shall not apply where there are grounds prescribed by Presidential Decree, such as where the worker retires after reaching the age of 55 and receives benefits.
(3) Where a worker does not designate an account of an individual retirement pension plan, etc. under paragraph (2), the benefits shall be transferred to an account of an individual retirement pension plan held in the worker's name.
2. Labor Law Office Presents a Defense Strategy Tailored to the Client
The labor law office presented a defense strategy tailored to the client's circumstances.
Labor Law Office Assistance 1. Rebuttal Argument on Unpaid Allowances
The labor law office wholly denied the allegation of unpaid allowances asserted by the employee.
Unlike an ordinary workplace, the worker was working in a special environment and was receiving a special allowance.
The client paid the special allowance as wages for overtime and nighttime work.
Daeryun's labor law office argued, through the client's bank statements and accounting records, that the client had not failed to pay the employee's allowances but had instead paid the wages under the category of a special allowance.
Labor Law Office Assistance 2. Rebuttal Argument on Unpaid Retirement Benefits
The labor law office argued that the client had paid the retirement benefits in the name of the employee's wife at the employee's request.
Both the employee and his wife were workers employed by the client's company, and the employee, due to circumstances such as a provisional attachment, asked the client to pay the retirement benefits into his wife's account.
Daeryun's labor law office submitted as evidence the client's text messages containing these contents and the records of the retirement benefits paid into the wife's account.
3. Result of the Labor Law Office's Assistance: Concluded with a Minor Fine
With the labor law office's assistance, the client was able to clear the alleged nonpayment of retirement benefits amounting to tens of millions of won that the employee had asserted, and received only a minor fine for failing to prepare an employment contract.
The client stated, “Because we had worked together for a long time, I did not realize the importance of preparing an employment contract. With the help of Daeryun's labor law office, I was able to clear my name.”
In this case, proof was difficult because a contract setting out working conditions such as wages, working hours, holidays, and annual leave had not been prepared.
An employment contract is an important document that protects the rights of both the worker and the employer and clearly sets out the labor-management relationship.
If you require the assistance of a labor law office in a situation such as the above, please request a 🔗consultation with Daeryun Law Firm.
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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