Labor Relations Law Wage Claim Case | Wage Claim, Fully Granted

The client, who worked as a head chef at a restaurant, had not been paid wages for several months despite working diligently.

To resolve this, the client filed a report of unpaid wages, but received an answer from the Ministry of Labor that, in order to actually recover the wages, he should consult an attorney.

The client therefore requested a consultation with an attorney well versed in labor relations law.

The labor attorney specifically guided the client on the method of filing a wage claim lawsuit and explained the method of calculating the unpaid wages and the preparation of the relevant documents.

Among them, the client’s wage arrears case was a matter closely related to the Labor Standards Act.

Wage arrears refers to the failure to pay, without the worker’s consent, wages, compensation, and any and all other money and valuables provided as consideration for labor.

This means a violation of the obligation to settle money and valuables under Article 36 of the Labor Standards Act or the obligation to pay wages under Article 43 of the same Act.

Article 36 of the Labor Standards Act (Settlement of Money and Valuables)

Article 43 of the Labor Standards Act (Payment of Wages)

Accordingly, in a wage arrears case, merely reporting the matter to the Ministry of Employment and Labor does not mean that wages can be received immediately.

In the client’s case as well, although the employer was under investigation by the Ministry of Employment and Labor for violating the Labor Standards Act, the client was informed that a civil lawsuit was necessary to actually recover the wages.

For this reason, the client requested the assistance of a labor attorney.

The fact that the client had actually worked for a certain period was a situation that could be sufficiently proven through the employment contract, personnel documents, and work records.

In addition, because there were materials confirming that part of the wages had not been paid even after the client's retirement, the lawyer emphasized the employer's violation of the obligation to pay wages.

Pursuant to Article 36 of the Labor Standards Act, the employer must pay unpaid wages within 14 days from the date of retirement, yet the employer violated this.

The labor attorney made this a key issue of the lawsuit and, concurrently asserting a claim for delay damages under Article 750 of the Civil Act and Article 37 of the Labor Standards Act, argued for the application of statutory interest of 20% per annum.

Following the client's report of unpaid wages, the employer was at that time under criminal investigation on an allegation of violating the Labor Standards Act.

The labor attorney actively used this point to emphasize that the employer's side was in violation of its legal obligations and could not evade that responsibility in the civil lawsuit either.

The problem of unpaid wages frequently does not end with a simple administrative complaint.

In particular, where the structure involving the corporate business operator and the actual operator is complex, there are many cases in which a substantive resolution is difficult by means other than litigation.

Daeryun LLC has many attorneys with legal knowledge related to labor law.

Moreover, with experts in each field, such as civil, criminal, and administrative matters, the firm can provide a comprehensive response from the criminal complaint to derivative cases.

If you need legal assistance regarding unpaid wages, please entrust your case at any time through a 🔗legal consultation booking.