Deals & Cases

Violation of the Labor Standards Act
Violation of the Labor Standards ActFine (criminal penalty)

Ulsan Attorney | Defending a Client Who Violated the Labor Standards Act to Avoid Imprisonment

The Ulsan attorney defended a client who requested the Ulsan law firm's assistance, facing the risk of imprisonment for violating the Labor Standards Act. This is a case in which, with the assistance of the Ulsan attorney, the client successfully avoided imprisonment.

1. The Client Who Sought Out the Ulsan Attorney

The client who sought out the Ulsan attorney said that they were facing the risk of imprisonment for violating the Labor Standards Act, and the client requested the assistance of Ulsan Daeryun Law Firm.

2. The Facts Charged Against the Client as Confirmed by the Ulsan Attorney

The facts charged against the Ulsan attorney's client were as follows.

▲The Ulsan attorney's client is a business owner operating a workplace

▲The victim in the Ulsan attorney's client's case is a worker at the client's workplace

▲An employer must not dismiss a worker during the period the worker is on leave for medical care for an illness and for 30 days thereafter

▲The Ulsan attorney's client dismissed the victim, who was on leave for medical care for an illness

As a result, the Ulsan attorney's client was suspected of violating the Labor Standards Act by dismissing a worker who was on leave for medical care for an illness.

The Statutory Provisions Applicable to the Ulsan Attorney's Client

■Labor Standards Act, Article 107 (Penal Provisions)

A person who violates Article 7, Article 8, Article 9, Article 23 (2), or Article 40 shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won.

■Article 23 (Restriction on Dismissal, etc.)

(1) An employer shall not, without justifiable reason, dismiss, lay off, suspend, transfer, reduce the wages of, or impose any other punishment (hereinafter referred to as “unfair dismissal, etc.”) on a worker.

(2) An employer shall not dismiss a worker during the period the worker is on leave for medical care for an occupational injury or illness and for 30 days thereafter, or

during the period a woman is on leave before or after childbirth under this Act and for 30 days thereafter.

The Ulsan attorney's client, due to the 🔗violation of the Labor Standards Act, faced the risk of imprisonment for not more than 5 years or a fine not exceeding 50 million won.

3. The Ulsan Attorney's Strategy for Defending the Client

The Ulsan attorney devised the following strategy to defend the client.

Ulsan Attorney Emphasizes That the Client Is Sincerely Remorseful

Regardless of the circumstances of the dismissal, the Ulsan attorney's client deeply regrets having harmed the victim by committing an act in violation of the Labor Standards Act through their own carelessness.

In addition, the client is resolved to exercise caution so as never to commit such an act again.

Ulsan Attorney Emphasizes That the People Around the Client Are Pleading for Leniency

The Ulsan attorney's client's family and acquaintances were shocked and saddened that the client, who had ordinarily been exemplary, committed an act such as the facts charged in this case.

The client's acquaintances state that, if leniency is granted to the client, they will exercise caution and watch over the client so that the client never engages in such conduct again.

Ulsan Attorney Emphasizes That the Client Has Lived Faithfully Performing Their Duties

The Ulsan attorney's client, as a business owner, worked more diligently than anyone else. Please take into account the fact that the client worked with a sense of duty and did their utmost as a business owner.

Ulsan Attorney Emphasizes That the Client Had No Intent to Violate the Labor Standards Act

While it is true that the Ulsan attorney's client's conduct ultimately violated the Labor Standards Act, the client had no intent.

The client had come to learn that the victim had frequently been reprimanded for neglecting their duties, and dismissed them legitimately after an internal review.

However, because the period of the dismissal fell within the period during which the victim was on leave on account of illness, the prosecution in this case was brought.

4. Ulsan Attorney Successfully Defends the Client Against Imprisonment

울산변호사의 의뢰인 징역형 방어 성공
Clicking the image above takes you to the Daeryun Law Firm consultation booking page.

After hearing the Ulsan attorney's defense, the court imposed a minor fine on the client.

A violation of the Labor Standards Act is an offense subject to the severe punishment of imprisonment for not more than 5 years or a fine not exceeding 50 million won, and the Ulsan attorney helped the client avoid imprisonment and receive only a minor fine.

If you are in a situation similar to that of the Ulsan attorney's client and face the risk of imprisonment, the Ulsan Daeryun Law Firm 🔗specialist attorney is available to take on your case. We will present and provide solutions suited to the case.

울산변호사 | 근로기준법 위반 의뢰인 변호해 징역형 방어

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.

Violation of the Labor Standards Act: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney HanSik CHOI

HanSik CHOI

T. 070-5221-2387

Legal team leader/executive director experience at banking and financial companies

Attorney Jong Hun HAN

Jong Hun HAN

T. 070-7510-2016

Experience as a public interest member of the Gyeongnam Regional Labor Relations Commission

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Previous

Incheon Defamation Attorney | Assisting in the Representation of the Client's Criminal Complaint for Defamation and Obtaining a Fine for the Perpetrator

Next

Gyodae criminal attorney's assistance | Gyodae attorney recommendation, defending a client charged with arson of one's own general property against an actual sentence, resulting in a suspended sentence

View list
Quick Menu

Chat