CONTENTS
- 1. The client who came to a Uijeongbu attorney
- 2. Uijeongbu attorney, assistance to have the application for remedy dismissed
- - Uijeongbu attorney, argument on the worker's acts of misconduct
- - Uijeongbu attorney, argument that the decision was not excessive
- 3. Result of the Uijeongbu attorney's assistance, the dismissal was recognized as justified
1. The client who came to a Uijeongbu attorney
The client who requested help from a Uijeongbu attorney was in a situation in which an employee had filed an application for remedy against 🔗unfair dismissal.
The client requested that the Uijeongbu attorney have the application dismissed.
Unfair dismissal as explained by a Uijeongbu attorney
Unfair dismissal refers to a case in which a person is unfairly dismissed by the employer without justifiable cause.
The Labor Standards Act expressly prohibits such unfair dismissal.
A worker who has been unfairly dismissed may file an application for remedy through the Labor Relations Commission under the Ministry of Employment and Labor within three months.
Labor Standards Act, Article 23 (Restrictions on Dismissal, etc.)
(1) An employer shall not dismiss, lay off, suspend, transfer, reduce the wages of, or otherwise punish (hereinafter referred to as "unfair dismissal, etc.") a worker without justifiable cause.
(2) An employer shall not dismiss a worker during a period of suspension of work for medical treatment of an occupational injury or disease and for thirty days thereafter, or during a period in which a woman suspends work before and after childbirth under this Act and for thirty days thereafter. However, this shall not apply where the employer has paid a lump-sum compensation under Article 84, or where the business can no longer be continued.
2. Uijeongbu attorney, assistance to have the application for remedy dismissed
The Uijeongbu attorney set out to prove that the dismissal was justified in order to have the worker's application for remedy against unfair dismissal dismissed.
Worker's arguments:
1. The grounds for discipline are not justified
2. The level of discipline was excessive, and the disciplinary authority abused its discretion
Client's arguments:
1. The worker's acts of misconduct constitute grounds for discipline
2. The level of discipline is appropriate and the procedure was lawful, so the dismissal is justified
Uijeongbu attorney, argument on the worker's acts of misconduct
The Uijeongbu attorney argued that the worker, abusing his position as sales director, received cash, entertainment, and hospitality from subcontractors and, in return, provided those companies with various favors.
The Uijeongbu attorney submitted as evidence a record of acts of misconduct found by the internal audit team, including ten instances of receiving hospitality, seven instances of leaving the workplace without authorization during working hours for that purpose, and five instances of omitting approval requests when disbursing more than twenty million won for supplies.
Uijeongbu attorney, argument that the decision was not excessive
The Uijeongbu attorney argued that the decision to dismiss the worker who had committed these acts of misconduct was by no means excessive.
The worker had worked at the client's company for more than twenty years and was an employee whom the client greatly valued and trusted.
The worker committed acts of misconduct that betrayed the client's trust.
The Uijeongbu attorney emphasized that the worker's receiving of hospitality from subcontractors by abusing his position as sales director was of a very poor nature of offense .
3. Result of the Uijeongbu attorney's assistance, the dismissal was recognized as justified
Accepting the Uijeongbu attorney's arguments, the court stated, "The dismissal in this case is justified because the grounds for discipline are recognized and the level of discipline is appropriate," and dismissed the application for remedy.
The client who received the Uijeongbu attorney's help said, "Even though it was a justified dismissal, I was very worried about whether the application for remedy would be granted. Thanks to the Daeryun attorney's help, I was able to obtain a dismissal."
Daeryun Law Firm represents the position of companies and, based on its expertise in labor law and corporate legal affairs, responds to court proceedings through case analysis, legal review, and securing evidence.
If you are looking for an attorney in Uijeongbu for a situation like the above, please come to the Daeryun Law Firm 🔗Uijeongbu office.
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.
