CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Seocho Attorney Office
- 2. Statutes Related to the Case, Explained by the Seocho Attorney Office
- - Wage-Related Precedent
- 3. The Seocho Attorney Office's Assistance
- - Seocho Attorney Office Argument ① Wages Properly Due
- - Seocho Attorney Office Argument ② Petition for Unpaid Wages
- - Seocho Attorney Office Argument ③ Economic Hardship
- 4. The Court's Decision on the Seocho Attorney Office's Arguments
- - If You Need the Help of a Seocho Attorney Office
1. The Client's Situation
The client came to a Seocho attorney, wishing to visit an attorney office holding data from a wide range of case work, to seek advice and entrust the case.
How the Client Came to the Seocho Attorney Office
The account of the client who had a consultation at the Seocho attorney office is as follows.
The defendant is the representative of a construction company, and the client is a worker who joined and was employed at that company.
The client had not been paid the wages that were properly due because the company's management situation had deteriorated.
The client had waited out of understanding for the company's circumstances, but even six months after leaving the company, the client had still not received the wages and severance pay.
The client then filed a petition for unpaid wages with the Labor Office, and the defendant paid the client KRW 10 million.
The defendant promised to pay the remaining amount at a later date but did not keep the promise even after the deadline passed, so the client decided to take legal action.
The client came to a Seocho attorney to pursue a 🔗wage/severance pay claim lawsuit together with an attorney experienced in a variety of labor cases.
2. Statutes Related to the Case, Explained by the Seocho Attorney Office
The client wished to file a lawsuit because approximately KRW 25 million in wages and severance pay had not been paid.
A wage lawsuit refers to a civil suit filed by a worker to claim unpaid wages when the worker has not been paid wages by the company.
An employer who fails to pay wages may be punished by imprisonment for not more than 3 years or a fine not exceeding KRW 30 million.
※ The statute of limitations for a wage claim runs from the regular wage payment date, and the claim is extinguished by prescription if not exercised for three years
Wage-Related Precedent
Wage-Related Precedent(Decision 2016Da239680)
Precedent Recognizing Wages | Whether a management evaluation performance bonus, where it is paid continuously and regularly and its recipients, payment conditions, and the like are fixed so that the employer has an obligation to pay it, is included in the wages forming the basis for calculating average wages (affirmative) |
Precedent Denying Wages | Whether such a bonus can be regarded as not having been paid in return for work merely on the ground that whether it is paid or its payment rate may vary depending on the results of the management performance evaluation (negative) |
3. The Seocho Attorney Office's Assistance
The Seocho attorney gathered as much evidence as possible and established a systematic strategy.
To succeed in claiming the full amount of wages and severance pay, the attorney made the following arguments.
Seocho Attorney Office Argument ① Wages Properly Due
The client, as a worker, properly provided labor but was not paid the wages legally due.
A worker has the right to be paid wages on the fixed date in return for labor.
The defendant did not pay the wages, asserting that the management situation had deteriorated, but this is not a ground for being relieved of the legal obligation.
Accordingly, the attorney emphasized that the client has the right to be paid all wages in return for labor, and that the defendant's wrongful nonpayment of wages clearly constitutes an unlawful act.
Seocho Attorney Office Argument ② Petition for Unpaid Wages
The client had attempted to resolve the problem by filing a petition for unpaid wages with the Labor Office.
After the petition was filed with the Labor Office, the defendant paid a partial amount of KRW 10 million but still has not paid the remaining amount.
The attorney emphasized that this shows the defendant intends to evade legal responsibility.
Seocho Attorney Office Argument ③ Economic Hardship
Even now, six months after leaving the company, the client has not been paid the promised wages and severance pay and is experiencing serious economic hardship.
As a result, the client is in a situation where it is difficult to make a living and even to secure the basic resources needed for daily life.
The attorney emphasized that the defendant's nonpayment of wages directly affects the client's life and infringes a worker's basic rights.
4. The Court's Decision on the Seocho Attorney Office's Arguments
Accepting the Seocho attorney office's arguments, the court issued a decision that 'the defendant shall pay the plaintiff approximately KRW 25 million.'
The client then expressed deep gratitude to the Seocho attorney.
If You Need the Help of a Seocho Attorney Office
If you have not been paid wages that are properly due, obtaining the assistance of an attorney with a deep understanding of the Labor Standards Act can be helpful.
It is recommended to analyze the relevant precedents, establish a thorough strategy for the wage claim, and lead the case in a favorable direction.
The Seocho attorneys at Daeryun assist clients from multiple angles, handling evidence gathering, negotiation, advice, and litigation.
If you are facing difficulties in a situation similar to the case above, you may entrust your case through a 🔗legal consultation booking.
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