[Ilsan Attorney Favorable Judgment] An Ilsan Attorney's Efforts Recover All Overdue Wages

The client was a member of the company and, at the same time, the defendant's wife.

The client handled the company's accounting and general administrative work overall and worked diligently under the defendant's direction.

However, the defendant did not keep to the payday, the amounts varied, and later the defendant even failed to pay the salary at all.

Exploiting the fact that they were a married couple, the defendant reassured the client and kept putting off the salary payment.

In response to this defendant, the client filed divorce papers and subsequently left the company.

Seeking to recover the overdue wages through professional assistance, the client came to an Ilsan attorney.

■ Labor Standards Act Article 43 (Payment of Wages)
(1) Wages shall be paid in full directly to the worker in currency. However, where there are special provisions in statutes or in a collective agreement, a part of the wages may be deducted or 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 temporarily paid wages, allowances, other payments equivalent thereto, or wages prescribed by Presidential Decree.

■ Article 109 (Penalty Provisions)
(1) A person who violates Article 43 shall be punished by imprisonment of not more than 3 years or by a fine of not more than 30 million won.
(2) No public prosecution may be instituted against a person who violates Article 43 contrary to the victim's express will.

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

■ The Ilsan attorney emphasized that the client was suffering severe mental stress from not having been paid the overdue wages.

■ The Ilsan attorney emphasized that the defendant had failed to pay the wages for labor that were rightfully owed to the client.

■ The Ilsan attorney emphasized that the defendant had not kept to the payday, that the amounts varied, and that the defendant had exploited the fact that they were a married couple to reassure the client and avoid paying the salary.

The court accepted the Ilsan attorney's position and ruled, “The defendant shall pay the plaintiff 60,582,159 won.”

With the help of the Ilsan attorney, the client was able to succeed in claiming the overdue wages.

The case above was one in which the client, who was a member of the company and at the same time the defendant's wife, worked diligently under the defendant's direction but did not receive the wages for labor that were rightfully owed.

If you, like the client in the case above, have not been paid wages and are finding it difficult to find an appropriate solution, you may entrust your case to an Ilsan attorney at any time.