[Labor Attorney Success Case] Wage Claim Won Through the Assistance of a Labor Attorney

This case involves a client who came to the labor attorney.

The client worked as an employee of a company for about nine months but did not receive the wages that should have been duly paid.

The client therefore filed a complaint with the Ministry of Employment and Labor.

The debtor acknowledged the nonpayment of wages and prepared an employer's confirmation of unpaid wages.

Contrary to the promise, however, the debtor still did not pay the client even after several months had passed.

The client, needing the assistance of an experienced attorney, came to the labor attorney at Daeryun Law Firm.

■ Article 43 of the Labor Standards Act (Payment of Wages)
(1) Wages shall be paid in currency directly to the worker in full. However, where there is a special provision in statutes or in a collective agreement, a portion of the wages may be deducted, or wages may be paid in something other than currency.
(2) Wages shall be paid at least once a month on a fixed date. However, this shall not apply to wages paid on a temporary basis, allowances, other comparable payments, or wages prescribed by Presidential Decree.

■ Article 109 (Penalty Provisions)
(1) A person who violates Article 43 shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.
(2) A person who violates Article 43 may not be prosecuted against the express will of the victim.

■ Article 115 (Joint Penalty Provisions)
If an agent, employee, or other worker of an employer commits a violation under Article 109 with respect to matters concerning the workers of the relevant business, the violator shall be punished, and in addition the employer shall also be subject to the fine prescribed in the relevant article. However, this shall not apply where the employer has not been negligent in exercising due care and supervision over the relevant business to prevent the violation.

■ The labor attorney emphasized that the debtor had not paid the wages for the work that were duly owed to the client, who was the creditor.

■ The labor attorney emphasized that, although the debtor had acknowledged the nonpayment of about 31.5 million won in wages and had prepared an employer's confirmation of unpaid wages, the debtor still had not paid those wages.

■ The labor attorney emphasized that the client was suffering financial hardship because the wages had not been paid.

The court accepted the arguments of the Daeryun Law Firm labor attorney and ruled, “The debtor shall pay the creditor 31,500,000 won, together with delay damages and the costs of the demand procedure.”

The client, who had suffered great mental distress from not receiving the wages that were duly owed, was able to recover those wages successfully.

This case is one in which the labor attorney succeeded in a wage claim by emphasizing that the client had suffered significant harm from not receiving the wages for the work that were duly owed.

The economy has recently worsened, and companies' financial situations have also become difficult.

As a result, cases of unpaid wages occur frequently.

If you are struggling because overdue wages have not been paid, you may come to a labor attorney at Daeryun Law Firm.