CONTENTS
- 1. Overview of the Case Handled by the Changwon Law Firm
- - The Account of the Client
- 2. The Laws Relevant to the Case, Explained by the Changwon Law Firm
- 3. The Changwon Law Firm's Assistance to the Client
- - The Changwon Law Firm's Defense ① The Worker's Grounds for Dismissal
- - The Changwon Law Firm's Defense ② Prior Training and Other Notice of the Personnel Rules
- 4. The Result of the Changwon Law Firm's Assistance to the Client
1. Overview of the Case Handled by the Changwon Law Firm
The client of the Changwon law firm is the representative of a company that operates a business, and explained that an employee committed a crime and was punished, so the employee was dismissed in accordance with the contract.
However, that employee applied to the Labor Relations Commission for remedy, alleging unfair dismissal, so the client came to the Changwon law firm in order to resolve the matter with legal assistance.
The Account of the Client
The client is the representative of a company that operates resident welfare projects outsourced by the local government in the region.
Given the nature of a company operating welfare projects, an employee's commission of a criminal act constitutes grounds for immediate dismissal, and the client explained that this had been notified to all employees from the time of hiring.
Then a situation arose in which one employee committed a crime and received criminal punishment, and the client dismissed that employee in accordance with the rules.
Afterward, that employee applied to the Labor Relations Commission for remedy, alleging unfair dismissal, so the client came to the Changwon law firm to receive legal assistance.
2. The Laws Relevant to the Case, Explained by the Changwon Law Firm
As in the account of the Changwon law firm's client, if a worker who has been dismissed feels that the grounds for the dismissal are unjust, the worker may file an application for remedy with the Labor Relations Commission for 🔗unfair dismissal.
For a company, that is, an employer, to dismiss a worker, the grounds must meet legitimate requirements, and all lawful procedures must be observed.
Even if the grounds for dismissal are legitimate, if legitimate procedures such as a personnel committee resolution and written notice are not observed, this may constitute grounds for unfair dismissal, so caution is required.
The laws relevant to unfair dismissal litigation are as follows.
(1) An employer shall not, without justifiable cause, dismiss, lay off, suspend, transfer, reduce wages, or take other punitive measures (懲罰) (hereinafter referred to as 'unfair dismissal, etc.') against a worker.
Therefore, when dismissing a worker, it is most important to clearly ascertain the basis constituting grounds for dismissal in the internal rules, the contract, and the like, and to observe all necessary procedures.
If one becomes embroiled in a legal dispute over unfair dismissal with a worker in this way, receiving the help of an attorney experienced in such cases can be helpful.
3. The Changwon Law Firm's Assistance to the Client
The Changwon law firm, together with a labor attorney experienced in similar cases, closely examined the written records at the time of dismissal and the dismissal process, then carefully reviewed the Labor Standards Act and other relevant laws and presented a defense as follows.
The Changwon Law Firm's Defense ① The Worker's Grounds for Dismissal
The client's company had an internal personnel rule clearly providing that an employee could be immediately dismissed upon being finally sentenced to imprisonment without labor or a heavier penalty.
The Changwon law firm emphasized that the client's dismissal had legitimate grounds and argued that it did not constitute unfair dismissal.
The Changwon Law Firm's Defense ② Prior Training and Other Notice of the Personnel Rules
Three months before the worker in question committed the crime, the client's company had also conducted training to the effect that, under the rules, criminal punishment constituted grounds for immediate dismissal without referral to a disciplinary committee.
The Changwon law firm therefore emphasized that the worker had known in advance that his criminal record constituted grounds for dismissal.
4. The Result of the Changwon Law Firm's Assistance to the Client
The Labor Relations Commission, accepting the Changwon law firm's argument, recognized that the client's dismissal was not unfair and ruled, "The application of the worker in this case is dismissed."
If a worker contests his dismissal and files an application for remedy against an unfair practice, a process must be undertaken to determine whether the grounds and procedures for the dismissal were all legitimate and free of defects.
From the standpoint of a company that employs workers, that is, the employer, not only unfair dismissal but also whether there was any 🔗unfair labor practice infringing the worker's rights may operate together here in a complex way.
If a legal dispute arises between a worker and an employer in this way, in order to assess the legitimacy of its procedures and substance, receiving the help of an attorney with knowledge of and expertise in such cases can be helpful.
When a labor-related legal dispute such as unfair dismissal or an industrial accident arises, Daeryun Law Firm provides advice in cooperation with experts across multiple fields, such as labor attorneys, and responds promptly.
If you are troubled by a similar case, we hope you will receive prompt and detailed assistance through a 🔗attorney recommendation.
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.
