Jeju Attorney Referral Case | Daeryun Client Through Jeju Attorney Referral, Application for Remedy Against Unfair Dismissal Granted

We examined in detail the circumstances of the client who came to receive a Jeju attorney referral.

The client, who had been working at a company located in Jeju, applied to return to work after parental leave, but had the impression that the company was reluctant to have the client return.

The company tried to prevent the client's return to work as much as possible, saying things such as ‘The company's business situation is poor. Even if you return, there will be workforce reductions,’ but it could not overcome the client's firm intention to return to work.

Less than a month after returning to work, an incident occurred in which a master key went missing at the company.

The company claimed that the client had stolen the master key, reported the client for theft, and gave notice of dismissal.

The client had never stolen the master key and was in a very unjust situation.

The client therefore decided to file an 🔗application for remedy against unfair dismissal and, having received a Jeju attorney referral, came to visit the Daeryun Jeju office.

Labor Standards Act, Article 28 (Application for Remedy Against Unfair Dismissal, etc.)
(1) If an employer commits an unfair dismissal, etc. against an employee, the employee may file an application for remedy with the Labor Relations Commission.
(2) An application for remedy under paragraph (1) shall be filed within three months from the date on which the unfair dismissal, etc. occurred.

Labor Standards Act, Article 26 (Advance Notice of Dismissal)
If an employer intends to dismiss an employee (including dismissal for managerial reasons), the employer shall give advance notice at least 30 days in advance, and if the employer fails to give such notice 30 days in advance, the employer shall pay ordinary wages for at least 30 days. However, this shall not apply in any of the following cases.
1. Where the employee has continuously worked for less than three months
2. Where it is impossible to continue the business due to a natural disaster, an incident, or another unavoidable cause
3. Where the employee has intentionally caused serious disruption to the business or inflicted property damage, and the cause falls under the grounds prescribed by Ordinance of the Ministry of Employment and Labor

The Daeryun Jeju attorney raised questions about the theft case that had been the cause of the client's dismissal notice.

The company claimed, based on CCTV, that the client had taken the master key, but it had never shown the footage to the client.

The Daeryun Jeju attorney argued that the client had no reason whatsoever to steal the master key and that, because it was unclear whether the client had taken the key, this could not constitute grounds for dismissal.

The Daeryun Jeju attorney argued that the company had been uncooperative from the time of the client's return from parental leave, and that, when the incident of the missing master key happened to arise, it could only be viewed as having used this as a pretext for dismissal.

The company reported the client for theft and dismissed the client, but the client had never agreed to the company's recommendation of voluntary resignation or its requests to resign.

In other words, the dismissal had serious defects both in substance and in procedure, and therefore should be treated as null and void.

Because an application for remedy against unfair dismissal requires proving matters such as the legitimacy of the grounds for dismissal and the lawfulness of the procedure, it is helpful to receive the assistance of an attorney specializing in this field.

Attorneys at Daeryun Law Firm, drawing on specialized knowledge and experience in labor law, present solutions suited to each individual case and provide assistance by representing clients in legal procedures.

If you are looking for an🔗attorney referral in a situation such as the above, please feel free to request the help of the Daeryun Jeju attorney at any time.