CONTENTS
- 1. The Client Who Came to the Gwangju Administrative Litigation Attorney
- - The Application for Remedy Against Unfair Dismissal Explained by a Gwangju Attorney
- - How Should an Employer Respond to an Application for Remedy Against Unfair Dismissal?
- 2. Gwangju Administrative Litigation Attorney's Assistance to Have the Application for Remedy Against Unfair Dismissal Dismissed
- - Response in the Unfair Dismissal Administrative Litigation 1: How the Employment Relationship Ended
- - Response in the Unfair Dismissal Administrative Litigation 2: Securing Statements From Other Employees
- - Response in the Unfair Dismissal Administrative Litigation 3: A Lawful Dismissal Procedure
- 3. Result of the Gwangju Administrative Litigation Attorney's Assistance: The Application for Remedy Was Dismissed
1. The Client Who Came to the Gwangju Administrative Litigation Attorney
The client who came to the Gwangju administrative litigation attorney was a representative running a glass processing company in Gwangju.
The client said that he had recently received a remedy application for unfair dismissal from two workers he had dismissed (hereinafter the applicants).
The client maintained that the dismissal was justified and wished to have the applicants' remedy application dismissed.
At Daeryun Law Firm, an administrative litigation specialist attorney and a labor attorney handled the matter together from the consultation stage and guided the direction of the case.
The client was very satisfied that, without having to separately seek out a labor attorney, the matter could be resolved one-stop with a single retention at Daeryun, and he entrusted the case to Daeryun.
The Application for Remedy Against Unfair Dismissal Explained by a Gwangju Attorney
The Gwangju attorney will explain the meaning of unfair dismissal, the persons eligible to apply for remedy, and the procedure.
🔗Unfair dismissal means a dismissal without just cause.
If dismissed without just cause, a worker may apply to the Labor Relations Commission for remedy against the unfair dismissal.
The persons who may apply to the Labor Relations Commission for unfair dismissal are as follows.
| -Where the dismissal was carried out without just cause -Where the requirements restricting dismissal for managerial reasons were not met -Where the dismissal violated a specific prohibited ground for dismissal prescribed in the Labor Standards Act, the Act on Equal Employment and Support for Work-Family Balance, the Trade Union and Labor Relations Adjustment Act, and the like -Where the disciplinary measure was excessive and resulted in dismissal even though the ground did not warrant dismissal -Where the dismissal violated the dismissal procedure prescribed in statutes, a collective agreement, or the rules of employment -Where the dismissal was carried out during a period in which dismissal is not permitted |
The procedure for remedy against unfair dismissal through an application to the Labor Relations Commission and the filing of an administrative litigation is as follows.
How Should an Employer Respond to an Application for Remedy Against Unfair Dismissal?
If you are an employer who dismissed an employee for a legitimate reason but received a remedy application for unfair dismissal from the employee, you may feel very frustrated.
We will examine how an employer can respond when faced with a remedy application for unfair dismissal.
1. Securing procedural legitimacy
The Labor Relations Commission examines the dismissal procedure more strictly than the grounds for dismissal.
You must secure the legitimacy of having dismissed in accordance with procedure, such as a written warning before dismissal, a statement of circumstances, and interview records.
2. Clear and specific grounds for dismissal
You must prove the legitimacy of the dismissal by stating specific grounds rather than abstract expressions.
3. Maintaining the employment contract and rules of employment
Specifying the grounds for dismissal and disciplinary procedures in the company's rules of employment is advantageous for securing legitimacy.
4. Assistance from a specialized attorney
It is advisable to obtain advice from an attorney specializing in administrative litigation before appearing at the Labor Relations Commission.
This is because, due to minor mistakes such as omission of document submission, a dismissal may be dismissed even though it was a legitimate dismissal.
2. Gwangju Administrative Litigation Attorney's Assistance to Have the Application for Remedy Against Unfair Dismissal Dismissed
The Gwangju administrative litigation attorney set out to establish a strategy for the dismissal of the applicants' application for remedy against unfair dismissal.
Whether the dismissal was justified was the most important key issue.
Response in the Unfair Dismissal Administrative Litigation 1: How the Employment Relationship Ended
The client and the applicants were parties who had entered into a freelance service contract for the project at issue.
The client agreed to pay a daily wage of 300,000 won less a 3.3% tax deduction.
Starting from the second month, the applicants began to continuously demand an increase in the daily wage.
In addition, they attempted to sow discord with the client and fostered conflict within the team, and they also spread false information and the like to other employees.
As a result, the client came into deep conflict with the other employees and the company's operations suffered a significant blow.
The Gwangju attorney argued that the client had given notice of dismissal in response to the applicants' overbearing conduct described above, emphasizing that it was a justified dismissal.
Response in the Unfair Dismissal Administrative Litigation 2: Securing Statements From Other Employees
The Gwangju attorney submitted a fact confirmation statement from another employee as evidence to prove the applicants' misconduct.
The coworker wrote a confirmation statement containing the following: "The applicants used to say that the boss (the client) would dismiss the employees and sell the company once this project was finished, and that we had to raise our daily wage and make money before then."
Response in the Unfair Dismissal Administrative Litigation 3: A Lawful Dismissal Procedure
The Gwangju attorney argued that the client had given notice of dismissal through proper procedures.
In fact, the client had held several meetings with the applicants and had made every effort before giving notice of dismissal.
However, the client and the applicants ultimately failed to reach an agreement, and the client had no choice but to give notice of dismissal.
The Gwangju attorney submitted records of the several meetings the client had held with the applicants as evidence and emphasized that it had been a proper dismissal procedure.
3. Result of the Gwangju Administrative Litigation Attorney's Assistance: The Application for Remedy Was Dismissed
As a result of the Gwangju administrative litigation attorney's assistance, the Labor Relations Commission issued a decision dismissing the applicants' application for remedy.
An application for remedy against unfair dismissal is a field that goes beyond a simple labor matter and requires both legal knowledge and actual experience in responding to cases.
Because the matter may proceed from responding before the Labor Relations Commission to administrative litigation, it may be advisable to obtain assistance from a specialized attorney from the early stage of the case.
Law Firm Daeryun provides one-stop service, with an administrative litigation attorney working together with a labor attorney from the early response to a case through practical advice.
If you are seeking a recommendation for an administrative litigation attorney in the Gwangju area under circumstances such as the above, please visit the 🔗Gwangju attorney branch office of Law Firm Daeryun.
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.
