Complaint for Wage Nonpayment | Worker's Wage Nonpayment Complaint, Entire Claim Dismissed

To defend against the complaint for unpaid wages, Daeryun Law Firm formed a task force that included an attorney specializing in civil matters and proceeded with the response.

1) Emphasizing the validity of the contract under relevant precedent

in special cases where it is recognized that calculating working hours is difficult, a wage payment contract based on a comprehensive wage system is valid when it is found to cause no disadvantage to the worker and to be justified (Supreme Court Decision 2008Da6052, May 13, 2010), the firm emphasized that the contract concluded between the Plaintiff and the client was a legally justified and valid contract.

2) Rebutting whether standby time is included in actual working hours

Through collaboration with the internal evidence investigation center, the firm secured message records, work logs, and other materials, and confirmed that during the standby time the Plaintiff spent the time freely, including sleeping in a rest area provided by the client.

The firm also emphasized that the client did not issue any particular work instructions during that standby time, and asserted that the standby time could not be characterized as working hours.

3) The agreement at the time the employment contract was concluded with the Plaintiff

The Plaintiff's employment contract expressly contained the provision "due to the nature of emergency dispatch work, the amount cannot be converted into an hourly figure."

On this basis, the firm argued that, apart from the base salary, overtime allowances, other allowances, and the like had been set as a fixed amount regardless of working hours, and emphasized that the Plaintiff and the client had already reached an implied agreement at that time.

The court recognized that the Plaintiff and the client had concluded the employment contract after reaching an agreement, that the nature of the work made it impossible to calculate working hours precisely, and that the standby time was not included in actual working hours.

Accordingly, the court rendered a judgment stating, "The Plaintiff's claim is dismissed," and also ordered the Plaintiff to bear the litigation costs.

After the matter was resolved without incident, the client expressed gratitude to Daeryun, saying, "I can finally feel at ease."

If detected, an employer may be subject to criminal punishment and administrative sanctions at the same time.

Caution is required, because in cases of intentional or repeated nonpayment, an actual custodial sentence is often imposed.

Daeryun Law Firm approaches complaints for unpaid wages with a multidimensional defense structure.

The firm analyzes the characteristics of each matter and responds with the following strategies.

A complaint for unpaid wages requires a systematic response from the early stage of the case.

If you need assistance, please share your situation with Daeryun Law Firm through the 🔗legal consultation reservation.

We will review a response strategy suited to the matter and assist you in minimizing unnecessary legal risks.