CONTENTS
- 1. The Client Who Came to the Chuncheon Law Office
- - How to Address Unpaid Retirement Allowance as Explained by the Chuncheon Law Office
- 2. Chuncheon Law Office's Assistance for the Client
- - Chuncheon Law Office's Rebuttal Regarding the Confirmation of Non-Existence of Debt
- - Chuncheon Law Office Argues That an Agent Signed and Sealed on the Client's Behalf
- 3. Result of the Chuncheon Law Office's Assistance, Successful Claim for the Full Amount of the Retirement Allowance
1. The Client Who Came to the Chuncheon Law Office
The client who visited the Chuncheon law office had not received the 🔗retirement allowance from the company where he had worked for more than 10 years.
In the client's case, there were unfavorable circumstances because he had prepared a confirmation of non-existence of debt under coercion by the employer.
The Chuncheon law office began assisting through a thorough consultation with the client.
How to Address Unpaid Retirement Allowance as Explained by the Chuncheon Law Office
A worker who has not been paid a retirement allowance may file a request with the local labor office to be paid the retirement allowance (a petition) or may request that the employer be punished for a violation of the Labor Standards Act (a criminal complaint).
A petition concerning unpaid wages may be filed online through the Ministry of Employment and Labor's Labor Portal, or one may file a petition or a criminal complaint after a preliminary consultation by visiting the customer support office of the labor office having jurisdiction over the location of the workplace.
In the case of civil litigation, one may file a civil suit with the district court having jurisdiction over the location of the workplace or over the worker's address, obtain a final judgment, and then carry out compulsory execution.
Sanctions Against an Employer Who Fails to Pay Retirement Benefits
Under the Employee Retirement Benefit Security Act, where an employer fails to pay a retirement allowance, the employer shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won.
In addition, where an employer fails to pay contributions for a retirement pension, the employer shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won.
2. Chuncheon Law Office's Assistance for the Client
First, the Chuncheon law office began assisting with the client's claim for payment of the retirement allowance.
Chuncheon Law Office's Rebuttal Regarding the Confirmation of Non-Existence of Debt
The Chuncheon law office rebutted the fact that the client had affixed his seal to the confirmation of non-existence of the retirement allowance debt.
While it is true that the client signed and sealed the said document, he did so unavoidably under coercion by the employer.
Around the time the client had worked for 5 years, the employer coerced him into signing a confirmation to the effect that he 'had already received the retirement allowance and also waived any future right to file a claim.'
At the time, the atmosphere was one in which the employer pressured the other colleagues to prepare the document in the same manner, so the plaintiff had no choice but to sign.
The employer placed employees in a difficult position by, if even one of them did not sign and seal the confirmation, failing to pay the other employees' wages on time, and as a result the employees had no choice but to sign the confirmation.
The Chuncheon law office submitted, as evidence, messages exchanged with colleagues containing such content.
Chuncheon Law Office Argues That an Agent Signed and Sealed on the Client's Behalf
The Chuncheon law office argued that the signature and seal on the confirmation of non-existence of debt contained the signature of an agent rather than that of the client.
The employer demanded that several years' worth of confirmations be signed over the course of several months.
At the time, with the client on an overseas business trip, the employer ordered another colleague to sign on the client's behalf by reproducing his signature.
The Chuncheon law office submitted as evidence that the seal on the confirmation of non-existence of debt bore a signature different from the client's handwriting.
3. Result of the Chuncheon Law Office's Assistance, Successful Claim for the Full Amount of the Retirement Allowance
The Chuncheon law office argued that waiving a retirement allowance is invalid as it contravenes the Employee Retirement Benefit Security Act and other laws, and that, because the client had neither agreed to settle the retirement allowance by mutual consent nor actually received an interim settlement, the claim for the retirement allowance was a legitimate exercise of his rights.
In response, the court decided that the full amount of the unpaid retirement allowance was to be paid to the client.
Through the assistance of the Chuncheon law office, the client was able to claim the full amount of the unpaid retirement allowance.
If You Are Looking for a Law Office
A lawsuit over unpaid severance pay must be brought against the company or the employer, and this often feels like a heavy burden for the worker.
For this reason, it is best to recover one's rightful entitlements with the assistance of an experienced attorney who has handled lawsuits over unpaid severance pay.
At Daeryun Law Firm, attorneys with an average of more than ten years of experience provide tailored defense strategies to protect the client's rights.
If you are looking for a law office in a situation such as the one described above, please reach out to the Daeryun Law Firm 🔗Chuncheon 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.
