Mokpo Criminal Defense Attorney | Defends a Client Charged With Violating the Employee Retirement Benefit Security Act, Concluding the Matter With Non-Prosecution at the Prosecution Stage

The client of the Mokpo criminal defense attorney said that he was charged with violating the Employee Retirement Benefit Security Act.

The client explained that there were unfair aspects to the matter and requested a defense against punishment. The account the attorney heard from the client was as follows.

The client runs a company, and about 10 years ago he hired Mr. A on the recommendation of an acquaintance.

After working for about 3 months, Mr. A suffered an injury at a company workshop.

He then received approval for industrial accident medical care from the Korea Workers' Compensation and Welfare Service and did not work thereafter.

After receiving the medical care approval, he received no wages but continued to receive temporary disability benefits, medical care benefits, and the like from the Korea Workers' Compensation and Welfare Service.

Upon learning of this, the client recently filed a report of loss of insured status under the four major insurances for Mr. A.

Mr. A argued that the date of the report of loss of insured status should be regarded as the date he was dismissed, so he was entitled to severance pay for the approximately 10-year period of employment, and he went so far as to file this complaint.

The client came to a Mokpo criminal defense attorney, expressing how unfair it was that he should have to pay severance pay to Mr. A, whose last day of work was more than 10 years earlier.

To defend the client, the Mokpo criminal defense attorney researched the laws relevant to the case.

Under the Employee Retirement Benefit Security Act, where a worker retires, severance pay must be paid within 14 days from the date on which the cause for payment arises.

Mr. A filed a complaint against the client for violating the Employee Retirement Benefit Security Act, asserting that the date his insured status under the four major insurances was lost was the date of his retirement.

The Mokpo criminal defense attorney defended the client by emphasizing the following points.

After hearing the Mokpo criminal defense attorney's arguments, the prosecution issued a non-prosecution disposition for the client.

Mr. A appealed this disposition, but the prosecution issued a decision dismissing the appeal.

This result was achievable because the Mokpo criminal defense attorney analyzed the case closely and responded with a strategy favorable to the client.

In the course of life, one may find oneself in an absurd situation like that of the client in this case, and proving the absence of the charge is the first step toward resolving the matter.

Because there are limits to how far an individual can prove the absence of a charge on his own, please feel free to 🔗a Mokpo attorney at any time and request assistance.