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I have a question about a civil lawsuit for severance pay.
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Hello, I have a question because there is something I am curious about regarding a civil lawsuit for severance pay. I recently left a company where I had worked for about six years. Afterward, I requested my severance pay, but the company kept putting it off and has ultimately not paid it. At first they asked me to wait a little because business was difficult, but now they are taking the position that they have no obligation to pay severance at all. In this case, I would like to know what procedure I should follow to file a civil lawsuit for severance pay, and whether I need the help of a specialized attorney.
civil lawsuit for severance pay
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Answer to Related Inquiry
Author: 김국일
Hello, I will answer your question about a civil lawsuit for severance pay.
Under the Labor Standards Act, when a worker who has continuously worked for one year or more leaves employment, the employer has an obligation to pay severance pay.
If the company is not paying it, legal relief is available through a civil lawsuit for severance pay.
You can file a civil lawsuit with the district court having jurisdiction over the location of the workplace or the worker's residence, obtain a final judgment, and then carry out compulsory execution.
In addition to a civil lawsuit, you can request the local labor office to help you receive your severance pay (a petition), or file a criminal complaint asking that the employer be punished for violating the Labor Standards Act.
The employer may be subject to imprisonment with labor for up to three years or a fine of up to 30 million won.
However, in practice, a dispute with an employer who evades paying severance is complex and requires professional judgment, so rather than proceeding alone, I recommend responding by pursuing the civil lawsuit and criminal procedure in parallel with the help of an attorney who focuses on labor and wage matters.
At Daeryun Law LLC, attorneys who have handled numerous severance pay cases provide a one-stop legal service for the resulting civil and criminal litigation.
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