CONTENTS
- 1. The Client
- - Seosan Attorney, Assessing the Accusation and Confirming the Level of Punishment
- 2. Assistance Provided for the Employer Client
- - Seosan Attorney, Proceeding With a Settlement on Wages and Severance Pay
- - Seosan Attorney, Rebutting the Alleged Violation of Rest Period Obligations
- 3. Result, Case Concluded With a Non-Prosecution Decision
1. The Client
The client who received a recommended Seosan attorney was a business owner operating Company A in the Seosan area.
The client had been accused before the labor office by a recently resigned worker on charges including nonpayment of wages and severance pay, and violation of rest-time rules.
The client decided to respond with an attorney's help from the early stage of the case.
The business owner client received a recommendation from acquaintances who run businesses for an attorney with experience in many labor and Labor Standards Act related cases in the Seosan area.
On the recommendation of an acquaintance who had recently received legal advice from Daeryun, the client visited the Daeryun LLC Seosan attorney branch office.
Seosan Attorney, Assessing the Accusation and Confirming the Level of Punishment
The Seosan attorney first ascertained the charges against the client that the employee had reported.
1. Charge of non-payment of wages and severance pay
The client did not pay approximately three months of wages and did not pay part of the severance pay.
∙Labor Standards Act, Article 36 (Settlement of Money and Valuables)
Where a worker dies or retires, the employer shall pay wages, compensation, and all other money and valuables within 14 days from the date the cause for payment arises.
An employer who fails to pay wages on time may be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.
2. Charge of violating rest time provisions
∙Labor Standards Act, Article 54 (Rest Hours)
① The employer shall give a rest period of not less than 30 minutes for 4 hours of work and not less than 1 hour for 8 hours of work, during working hours.
② Workers may use the rest period freely.
Where an employer violates the rest time provisions, the employer may be punished by imprisonment for not more than 2 years or a fine not exceeding 20 million won.
2. Assistance Provided for the Employer Client
We undertook to provide defense assistance for the employer client who received a Seosan attorney recommendation.
■ Direction of the Seosan attorney's assistance
1. Pursuing a settlement with the accuser regarding the nonpayment of wages and severance pay
-> A violation of the Labor Standards Act relating to nonpayment of wages and severance pay is an offense not punishable against the victim's will, so if the victim does not wish for punishment, criminal punishment cannot be imposed.
2. Collecting evidence to rebut the charge of violating rest-time requirements
-> The Seosan attorney focused on collecting evidence to rebut the accuser's claims by reviewing the employment contract and analyzing the in-house CCTV, among other materials.
When you become involved in an accusation or a lawsuit, the most important thing is precisely 'evidence.'
Evidence is the most important means of proving your claims as a matter of law.
For such evidence to be recognized by the investigative authorities, it must be evidence collected by reasonable means.
Through its own 🔗evidence investigation, digital forensics, and security group, Daeryun Law Firm supports lawful evidence collection and provides a one-stop response service across all stages, from evidence collection to litigation response.
Seosan Attorney, Proceeding With a Settlement on Wages and Severance Pay
The Seosan attorney first accurately calculated the wages and retirement benefits that the client had not paid.
Afterward, the client went to the complainant, paid the unpaid wages and retirement benefits in full, and sincerely apologized.
The complainant accepted the client's sincere apology and prepared a written settlement stating that he did not want punishment.
br>If you are subject to a criminal complaint, you generally proceed with a settlement with the victim first.
Before proceeding with a settlement hastily, it is advisable to proceed together with the help of an attorney.
This is because the settlement terms can vary greatly depending on the seriousness of the act or the degree of the victim's harm, and it is difficult for an ordinary person to judge this accurately.
Based on its data from criminal cases it has handled, Daeryun Law Firm proposes a strategic settlement plan suited to the nature of the case.
Seosan Attorney, Rebutting the Alleged Violation of Rest Period Obligations
The Seosan attorney carefully reviewed the employment contract and the company's rules of employment prepared by the client and the accuser, and drafted an opinion rebutting the accuser's claims.
First, the employment contract and the company's rules of employment prepared by the client and the accuser clearly set out information regarding break time.
The Seosan attorney also submitted, as evidence, CCTV footage from a camera installed at the company entrance for security purposes.
The CCTV footage clearly captured the accuser going outside during break time, such as the lunch hour.
3. Result, Case Concluded With a Non-Prosecution Decision
As a result of the Seosan attorney recommendation, the client succeeded in concluding the case with a non-prosecution decision.
On the charges related to wages and severance pay, a no-right-to-prosecute decision was made due to a settlement, and on the violation of the rest-period obligation, a no-suspicion-of-crime decision was made due to insufficient evidence.
Because a report to the Labor Office can lead to criminal punishment, it is advisable to receive the help of a specialist attorney from the early stage of the case, giving statements, submitting materials, and devising a response strategy.
In particular, because labor law violations are perceived as a serious social issue, thorough early response is needed.
Law Firm Daeryun serves as a partner for the safe business management of business owner clients. It also has labor attorneys (certified labor consultants) within the firm, providing a one-stop service without the need to seek a separate labor consultant service.
Please come to the 🔗Seosan attorney branch office of Law Firm Daeryun, a dependable partner that manages corporate business risk on a year-round, around-the-clock response system.
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.
