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As in many civil law countries, Korea’s employment laws are intended to protect workers from being terminated “at-will”. This means that employers are only permitted to terminate employees in certain circumstances and sufficient cause is required.

Yulchon’s Labor/Employment Disputes Team has had a longstanding role of advising major Korean companies in all aspects of employment law including workforce restructuring and employee compensation. As the Korean economy has matured Yulchon has also increasingly assisted foreign firms seeking to do business in Korea and navigate Korea’s complex labor laws. 

The team currently consists of 30 professionals and is able to offer comprehensive advice on all aspects of individual and collective labor relationships, as well as disputes related thereto.

Its leading position in the marketplace has been repeatedly recognized. Recently it received an honorable mention from the legal journal ASIAN-MENA COUNSEL for two consecutive years of 2011 and 2012, and it was also selected as a firm specializing in labor issues by Chambers Asia in 2012.
 

Major Practice Areas

  • Disputes regarding whether directors/officers and special type of laborers may be deemed as laborers

     - Representing clients in the termination of director/officer and other types of special type of laborers
     - Representing clients in severance pay claims brought by director/officer and other special types of laborers

 

  • Disputes regarding working conditions (wage, bonus, severance pay, etc.)

     - Representation in claims for standard wages
     - Representation in claims for bonus, stock options, and performance-based pay
     - Representation in claims for severance pay

 

  • Disputes regarding layoffs, disciplinary actions, and other types of punitive dispositions

     - Representation in a request for remedy of wrongful dismissal/ disciplinary actions
     - Representation in a claim confirming the nullification of dismissal / disciplinary actions

 

  • Disputes involving temporary positions (term-based/ dispatched) and gender-related discrimination issues

 

  • Disputes involving subcontracts inside a company or unlawful dispatch of employees

     - Representation in claims confirming the position of an employee
     - Representation in cases against discrimination

 

  • Disputes involving the Four Insurances 

     - Claims against industrial disasters/accidents
     - Disputes involving national pension, national health insurance, and unemployment insurance

 

  • Disputes related to sexual harassment

 

  • Disputes involving protection and leakage of trade secrets

     - Representation in obtaining preliminary injunctions of non-competition/ prohibition on changing jobs
     - Representation in indemnification claims for damages caused by the leakage of trade secrets

 

  • Disputes involving the protection and leakage of personal information

     - Representation in indemnification claims for damages caused by the leakage of personal information

 

  • Disputes between the management and laborers

     - Representation in requests for remedy of and claims against unlawful labor activities
     - Representation in preliminary measures involving laborers’ three primary rights
     - Representation in disputes related to labor unions (multiple unions, etc.)
     - Representation in indemnification claims for damages caused by an illegal strike

 

  • Labor-related criminal cases

     - Advice on and representation in criminal cases involving the violation of the Labor Standards Act
     - Advice on and representation in regards to violations of the Labor Union Act (an illegal strike, etc.)
     - Advice on and representation in regards to violations of the Occupational Safety Act

Disputes regarding layoffs, disciplinary actions, and other types of punitive dispositions

  • Represented the management in a claim issued by laborers for the confirmation of nullification of dismissal and for payment of severance pays and wage; obtained Supreme Court’s reversal of the lower court decision 
  • Represented a construction company in a claim issued by laborers for the confirmation of nullification of dismissal; concluded the case via settlement
  • Represented an airline in a claim issued by a pilot for the confirmation of nullification of dismissal

Disputes regarding working conditions (wage, bonus, severance pay, etc.)

  • Represented bus operation companies in a claim issued by 2,200 laborers for the payment of standard wages with an estimated worth of 10 billion KRW
  • Represented a construction company in a claim issued by 350 laborers for the payment of wages and bonuses

Disputes involving subcontracts inside a company or unlawful dispatch of employees

  • Represented a public corporation in a claim issued by laborers under a subcontract for the confirmation of their position as employees and for payment of wages

Dispute regarding whether directors/ officers and special type of laborers may be deemed as laborers

  • Represented financial institutions in a claim issued by credit collectors for severance pay
  • Represented a subsidiary company of a Korean conglomerate in a claim issued by an unregistered officer for the confirmation of nullification of dismissal
  • Represented a KOSDAQ-listed company in a claim issued by its Vice-President/registered director who was dismissed during the term in office, for the confirmation of nullification of dismissal and confirmation of the ownership of stock options

Disputes involving the Four Insurances

  • Successfully represented an oil refining company in a claim against the Ministry of Employment and Labor for the cancellation of the order to return refund training expenses

Disputes related to sexual harassment

  • Represented a multinational company in a claim issued by an officer dismissed due to sexual harassment, for the confirmation of nullification of dismissal
  • Represented a Korean conglomerate in a claim issued by a senior employee automatically dismissed due to sexual harassment

Disputes involving protection and leakage of trade secrets

  • Represented a company owning trade secrets in the field of bio industry in filing for a preliminary injunction prohibiting job changes in order to prevent an information leak

Disputes involving the protection and leakage of personal information

  • Represented a company in regards to a personal information leak involving 50,000 plaintiffs

Disputes between the management and laborers

  • Represented a distribution company in a claim issued by the head of a labor union for the cancellation of the judgment rendered at a retrial for wrongful dismissal and relief of unlawful dismissal
  • Represented a railroad construction company in its indemnification claim against a labor union that instigated an illegal strike as well as members of the union; the judgment ruled that the defendants pay a sum of over 10 billion KRW

Labor-related criminal cases

  • Advised a representative director of a construction company on a criminal case involving a possible violation of the Labor Standards Act and achieve acquittal

Contact Professionals

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