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Busan Labor Attorney Case | Wage Lawsuit Claim Granted in Full With the Assistance of a Busan Labor Attorney

The client filed a wage lawsuit against the defendant and, in order to properly protect his rights, came to the Busan office's labor attorney to request a consultation.

1. The Client Who Came to the Busan Labor Attorney

Busan Labor Attorney

The client sought the assistance of an attorney with extensive experience handling cases such as unfair dismissal and industrial accident litigation, and came to the Busan office's labor attorney.

How the Client Came to the Busan Labor Attorney

The account of the client, who urgently came to the Busan labor attorney to request a consultation, is as follows.

The client is a worker who had worked for a long time at the company involved in this case before retiring, and the defendant is the company's representative.

One day, a minor dispute arose between the client and the defendant at the company.

The conflict gradually escalated, and the angry defendant shouted at the client to go home, so the client returned home for the time being.

The next day, the client asked the defendant precisely whether he had been dismissed, and the defendant clearly expressed his intention to dismiss the client.

As a result, the client was unilaterally notified of dismissal by the company.

The client requested his retirement allowance and dismissal advance-notice allowance from the defendant but continued to go unpaid, and so 🔗a claim for wages (retirement allowance) he resolved to file a lawsuit.

The client requested help from the Busan labor attorney in order to proceed with the case together with an attorney experienced in handling various labor cases, such as unfair dismissal and industrial accident litigation.

2. The Statutes Relevant to the Case, Explained by the Busan Labor Attorney

Article 43 of the Labor Standards Act contains provisions on how wages must be paid.

First, wages must be paid in money, that is, in cash, directly to the worker.

Second, wages must be paid at least once a month on a fixed date.

Labor Standards Act Article 43 (Payment of Wages)

① Wages shall be paid directly to the worker in full in currency. However, where there are special provisions in statutes or a collective agreement, a portion of the wages may be deducted or paid in a form other than currency.
② Wages shall be paid at least once a month on a fixed date. However, this shall not apply to temporarily paid wages, allowances, other payments equivalent thereto, or wages prescribed by Presidential Decree.

Article 109 prescribes the penalties for violating this Act.

A person who violates the wage payment provisions may be punished by imprisonment for up to 3 years or a fine of up to 30 million won.

3. The Busan Labor Attorney's Assistance

The Busan labor attorney formed a task force centered on labor attorneys with backgrounds in the courts, the prosecution, the administrative appeals commission, the Ministry of Employment and Labor, and large corporations, and analyzed the case in detail.

Through a careful consultation with the client, a tailored response was established, and the following arguments were put forward.

Busan Labor Attorney Argument ① No Interim Settlement of the Retirement Allowance Existed

The defendant argues that it was agreed that a vehicle would be provided in lieu of the retirement allowance.

The evidence submitted by the defendant alone cannot establish that the client and the defendant agreed to an interim settlement of the retirement allowance.

In addition, it cannot be found that the requirements for an interim settlement of the retirement allowance prescribed by statute were met, so we emphasized that the defendant must duly pay the client the retirement allowance.

Busan Labor Attorney Argument ② Unilateral Dismissal

The defendant argues, in effect, that he never dismissed the client.

The client sent the defendant a text message to the effect that he would report for work unless he received an answer as to whether he had been dismissed.

In response, the defendant replied to the effect that the client should no longer come to the company.

Therefore, since the defendant unilaterally dismissed the client, we emphasized that the defendant's argument is without merit.

4. The Court's Decision on the Busan Labor Attorney's Arguments

The court, accepting the Busan labor attorney's arguments, decided, ‘The defendant shall pay the plaintiff approximately 33 million won.’

By proceeding with the case together with the Busan labor attorney, the client was able to have the wage lawsuit claim granted in full.

If You Need the Help of a Busan Labor Attorney

The Labor and Industrial Accident Group of Daeryun Law Firm establishes strategies through the collaboration of labor attorneys with backgrounds in the administrative appeals commission and the Ministry of Employment and Labor, who have extensive experience handling cases such as unfair dismissal and industrial accident litigation.

The group responds from multiple angles in various areas that may arise in the workplace, such as wages and retirement allowances, unfair dismissal, and workplace harassment.

It also provides tailored solutions for the industrial field, such as on-site risk assessments, diagnosis and regulatory review related to occupational safety and health, accident response, and civil and criminal advisory services.

A one team of 3 to 20 specialists, including industrial accident attorneys familiar with the industrial field and labor consultants, actively assists clients.

If you need the help of an attorney in a situation similar to the case above, please reach out at any time to a 🔗Busan attorney.

부산노동변호사 사례 | 부산노동변호사 조력으로 임금소송 청구액 전액인용

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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