CONTENTS
- 1. The Client Who Sought Out the Ulsan Attorney
- 2. The Facts Charged Against the Client as Confirmed by the Ulsan Attorney
- - The Statutory Provisions Applicable to the Ulsan Attorney's Client
- 3. The Ulsan Attorney's Strategy for Defending the Client
- - Ulsan Attorney Emphasizes That the Client Is Sincerely Remorseful
- - Ulsan Attorney Emphasizes That the People Around the Client Are Pleading for Leniency
- - Ulsan Attorney Emphasizes That the Client Has Lived Faithfully Performing Their Duties
- - Ulsan Attorney Emphasizes That the Client Had No Intent to Violate the Labor Standards Act
- 4. Ulsan Attorney Successfully Defends the Client Against Imprisonment
1. The Client Who Sought Out the Ulsan Attorney
The client who sought out the Ulsan attorney said that they were facing the risk of imprisonment for violating the Labor Standards Act, and the client requested the assistance of Ulsan Daeryun Law Firm.
2. The Facts Charged Against the Client as Confirmed by the Ulsan Attorney
The facts charged against the Ulsan attorney's client were as follows.
▲The Ulsan attorney's client is a business owner operating a workplace
▲The victim in the Ulsan attorney's client's case is a worker at the client's workplace
▲An employer must not dismiss a worker during the period the worker is on leave for medical care for an illness and for 30 days thereafter
▲The Ulsan attorney's client dismissed the victim, who was on leave for medical care for an illness |
As a result, the Ulsan attorney's client was suspected of violating the Labor Standards Act by dismissing a worker who was on leave for medical care for an illness.
The Statutory Provisions Applicable to the Ulsan Attorney's Client
■Labor Standards Act, Article 107 (Penal Provisions) A person who violates Article 7, Article 8, Article 9, Article 23 (2), or Article 40 shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won.
■Article 23 (Restriction on Dismissal, etc.) (1) An employer shall not, without justifiable reason, dismiss, lay off, suspend, transfer, reduce the wages of, or impose any other punishment (hereinafter referred to as “unfair dismissal, etc.”) on a worker. (2) An employer shall not dismiss a worker during the period the worker is on leave for medical care for an occupational injury or illness and for 30 days thereafter, or during the period a woman is on leave before or after childbirth under this Act and for 30 days thereafter. |
The Ulsan attorney's client, due to the 🔗violation of the Labor Standards Act, faced the risk of imprisonment for not more than 5 years or a fine not exceeding 50 million won.
3. The Ulsan Attorney's Strategy for Defending the Client
The Ulsan attorney devised the following strategy to defend the client.
Ulsan Attorney Emphasizes That the Client Is Sincerely Remorseful
Regardless of the circumstances of the dismissal, the Ulsan attorney's client deeply regrets having harmed the victim by committing an act in violation of the Labor Standards Act through their own carelessness.
In addition, the client is resolved to exercise caution so as never to commit such an act again.
Ulsan Attorney Emphasizes That the People Around the Client Are Pleading for Leniency
The Ulsan attorney's client's family and acquaintances were shocked and saddened that the client, who had ordinarily been exemplary, committed an act such as the facts charged in this case.
The client's acquaintances state that, if leniency is granted to the client, they will exercise caution and watch over the client so that the client never engages in such conduct again.
Ulsan Attorney Emphasizes That the Client Has Lived Faithfully Performing Their Duties
The Ulsan attorney's client, as a business owner, worked more diligently than anyone else. Please take into account the fact that the client worked with a sense of duty and did their utmost as a business owner.
Ulsan Attorney Emphasizes That the Client Had No Intent to Violate the Labor Standards Act
While it is true that the Ulsan attorney's client's conduct ultimately violated the Labor Standards Act, the client had no intent.
The client had come to learn that the victim had frequently been reprimanded for neglecting their duties, and dismissed them legitimately after an internal review.
However, because the period of the dismissal fell within the period during which the victim was on leave on account of illness, the prosecution in this case was brought.
4. Ulsan Attorney Successfully Defends the Client Against Imprisonment
After hearing the Ulsan attorney's defense, the court imposed a minor fine on the client.
A violation of the Labor Standards Act is an offense subject to the severe punishment of imprisonment for not more than 5 years or a fine not exceeding 50 million won, and the Ulsan attorney helped the client avoid imprisonment and receive only a minor fine.
If you are in a situation similar to that of the Ulsan attorney's client and face the risk of imprisonment, the Ulsan Daeryun Law Firm 🔗specialist attorney is available to take on your case. We will present and provide solutions suited to the case.
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.
