EXPERTISE
Representation in Dispute Cases
It is important for both company and its employees to swiftly resolve legal disputes regarding dismissal, unpaid wages, industrial accidents, substitute payments, etc. Therefore, seeking resolutions with accurate judgement is crucial.
Based on the procuration rights provided by labor related legislations, IAN Labor Law Firm & IAN HR’s operations for successful resolution include drafting documents for legal disputes in MOEL, Labor Relations Commission, and Korea Worker’s Compensation and Welfare Service, preparing evidential data, and professional consultation.
IAN Labor Law Firm maintains a high case success rate by acquiring key case trends, essential points that must be emphasized, and major appeal points through diverse experience.
Scope of Service
| Case | Description | Administrative Agencies |
|---|---|---|
| Unfair Dismissal, etc. | Dismissal refers to the unilateral termination of the employment relationship by the employer. If there is no just cause, failure to follow dismissal procedures, or failure to provide written notice of the reason and timing of dismissal, it constitutes unfair dismissal. | Labor Relations Commission |
| Unfair Labor Practices | These refer to an employer’s infringement upon the workers’ fundamental rights guaranteed by the Constitution: the right to organize, the right to collective bargaining, and the right to collective action—the three fundamental labor rights. | |
| Discrimination Remediation | Discrimination occurs when non-regular workers (fixed-term, part-time, or dispatched workers) perform the same or similar work as regular workers but face discrimination in working conditions or other areas without reasonable justification. | |
| Industrial Accident | This system provides compensation to injured workers or their families on behalf of the employer, regardless of fault, when a worker suffers injury, illness, disability, or death due to work-related causes. | Workers’ Compensation Insurance Corporation |
| Wage Arrears | This occurs when an employee does not receive the full amount of wages on the designated payment date at least once a month, or when payment is delayed even by one day (Labor Standards Act Article 43), or when wages, severance pay, or other monetary benefits due within 14 days after resignation are not paid without separate agreement between labor and management (Labor Standards Act Article 36). | Regional Employment and Labor Office |
| Wage Guarantee Fund | This system allows the state to pay the final three months’ wages and the final three years’ severance pay on behalf of the employer when the company goes bankrupt or ceases operations, preventing payment of wages or severance pay to workers. Applications for the Wage Guarantee Fund are submitted to the Regional Employment and Labor Office with jurisdiction over the workplace through a labor attorney or similar representative. Payment eligibility is determined following deliberation by the Bankruptcy Review Committee. |