Deals & Cases

Application for remedy against unfair dismissal
Application for remedy against unfair dismissalWinning the case (favorable judgment)

Labor Attorney Assistance | Client Subjected to Unfair Dismissal Has Application for Remedy Granted with the Labor Attorney's Assistance

The client who sought out a labor attorney had been unfairly dismissed by the company and requested the assistance of an attorney specializing in labor matters in order to file an application for remedy with the aid of an attorney.

1. The Client Who Reached Out to the Labor Attorney

The client who sought out a labor attorney came to an attorney specializing in labor matters and requested a consultation in order to obtain legal remedy for an unfair dismissal.

How the Client Came to Reach Out to the Labor Attorney

The situation of the client who came to a labor attorney for a consultation is as follows.

The client in this matter was working at an insurance-related company.

Then, one day, there was an event in which management control of the company changed significantly.

Prompted by this, the client was dismissed from the company under the pretext of a recommended resignation.

The client was placed in a deeply distressing situation, having been dismissed without reason and against their own will.

With the assistance of an attorney, the client requested the aid of a labor attorney in order to file an application for remedy regarding the 🔗unfair dismissal.

2. Laws Relevant to the Case, Explained by the Labor Attorney

Article 28 (Application for Remedy against Unfair Dismissal, etc.)

(1) Where an employer dismisses an employee unfairly, etc., 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 the unfair dismissal, etc. occurred.

Article 29 (Investigation, etc.)

(1) When the Labor Relations Commission receives an application for remedy under Article 28, it shall conduct the necessary investigation without delay and shall examine the parties concerned.

(2) When the Labor Relations Commission conducts an examination under paragraph (1), it may, upon the application of a party concerned or ex officio, summon witnesses to appear and question them on necessary matters.

(3) When the Labor Relations Commission conducts an examination under paragraph (1), it shall afford the parties concerned a sufficient opportunity to submit evidence and to cross-examine witnesses.

(4) The detailed procedures for the investigation and examination by the Labor Relations Commission under paragraph (1) shall be as determined by the National Labor Relations Commission (hereinafter referred to as the “National Labor Relations Commission”) under the
“Labor Relations Commission Act”.

Where an employer dismisses an employee without justifiable reason, the employee may file an application for remedy with the Labor Relations Commission.

An employee who has been unfairly dismissed may file an application for remedy for the unfair dismissal with the Labor Relations Commission and may also bring an administrative litigation.

3. Assistance Provided by the Labor Attorney

In order to obtain remedy for the client who had been dismissed without justifiable reason, the labor attorney carefully ascertained the circumstances of the matter and established a strategy suited to it.

The labor attorney argued the following.

Labor Attorney: Argument That the Company Concealed the Fact of Dismissal

The company was aware of the substantive facts of the unfair dismissal.

However, it asserted only the legitimacy of the dismissal and maliciously concealed the facts.

It was emphasized that, as a result, the client faced economic hardship and sustained substantial disadvantage.

Labor Attorney: Argument That the Company Violated Proper Procedure

The dismissal of an employee must be carried out fairly through lawful procedures.

However, the company disregarded the conduct of lawful procedures and unfairly dismissed the client.

It was emphasized that legal remedy was necessary for the client, whose rights had not been protected due to the unfair dismissal.

Labor Attorney: Argument That the Company Must Maintain the Trust of the Organization

A company must bear social responsibility in various respects.

However, the company in question carried out the dismissal without going through fair procedures, thereby causing disruption to trust within the organization, and it was emphasized that this was unfair from legal, ethical, and practical standpoints.

4. The Labor Relations Commission's Decision Accepting the Labor Attorney's Arguments

The Labor Relations Commission accepted the labor attorney's argument and granted the application for remedy against unfair dismissal.

If You Need the Assistance of a Labor Attorney

This matter was an account of a client who, with the help of a labor attorney, succeeded in an application for remedy against unfair dismissal.

Unlike ordinary matters, the field of labor has its own particularities and can be somewhat complex.

Daeryun Law Firm, drawing on extensive practical experience and expertise, prepares tailored responses.

It conducts matters in a manner favorable to clients so that stable labor-management relations can be established.

If you are in a situation similar to this matter and require the assistance of an attorney, we recommend that you come to Daeryun Law Firm for a consultation at any time.

노동전문변호사 조력 | 부당해고 의뢰인, 노동전문변호사 조력으로 구제신청 인용

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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