Labor Specialist Attorney Assistance | Winning a Wage Lawsuit of About 200 Million Won

The story of the client who came to a labor law attorney and requested assistance is as follows.

Although a considerable amount of time had passed since the client retired from the workplace, the client was experiencing difficulties because he had not received his severance pay.

The unpaid severance pay amounted to approximately 200 million won, and the financial burden gradually grew, significantly affecting daily life.

At first, the client tried to resolve the matter amicably through discussions with the company, but despite several attempts, there was little progress.

Judging that it would be difficult to resolve the matter on his own, the client decided to seek help from an experienced attorney.

The client visited Daeryun in order to proceed with the case together with an experienced attorney and to succeed in a 🔗claim for wages and severance pay.

Under the Employee Retirement Benefit Security Act, an employer must pay a retiring worker, as severance pay, an amount equal to at least 30 days' average wages for each year of continuous service.

If an employer fails to pay severance pay, the employer may be subject to imprisonment for up to 3 years or a fine of up to 30 million won.

A worker may file a civil lawsuit with the district court having jurisdiction over the location of the workplace or over the worker's address, and after obtaining a final judgment may carry out compulsory execution.

However, caution is advisable because the right to receive severance pay is extinguished by prescription if not exercised for 3 years.

The labor specialist attorney clearly established, with supporting materials, the fact that the client had actually provided labor and the period of employment.

Securing objective evidence such as pay statements and an employment contract, the attorney emphasized the accuracy of the retirement pay calculation.

The attorney emphasized that the client has the right to receive retirement pay as compensation for his labor, and that the defendant's unjust nonpayment of wages constitutes a clear tort.

The labor specialist attorney strongly argued, on the basis of the relevant statutes, that the defendant had breached the obligation to pay severance pay.

Currently, due to the defendant's tort, the client is in an economically difficult situation.

The attorney emphasized that this infringes on the client's basic rights as an employee.

A severance pay civil lawsuit requires sophisticated legal handling, including interpretation of relevant statutes, collection of evidence, and calculation of the claim amount, so it may be advantageous to receive the assistance of a specialist attorney.

It is advisable to accurately analyze key issues such as the extinctive prescription, the method of calculating average wages, and whether the period of service is recognized, in order to establish a strategy and conduct the case favorably.

Daeryun's 🔗industrial accident attorneys, who have handled numerous wage lawsuits, form a task force to respond promptly and precisely to legal disputes and actively protect clients' rights.

If you need the assistance of a specialist attorney in a situation similar to the above case, please entrust your case through a 🔗legal consultation reservation.