Law Firm Taelim success case | Suspended sentence for violation of the Labor Standards Act
#LawFirmTaelim #LegalConsultation #LaborStandardsActViolation #UnpaidWages #UnpaidSeverancePay
The client, who operated a small restaurant, faced a legal crisis over wage payment issues with a former employee. Although all money and valuables must be paid within 14 days after retirement under the Labor Standards Act, the client failed to pay approximately KRW 1.06 million in wage differences within the required period. In addition, the client was also accused of failing to issue a written employment contract during busy restaurant operations, leading to trial on charges of violating the Labor Standards Act and the Employee Retirement Benefit Security Act.
As a small business owner whose livelihood could be threatened by heavy punishment, the client came to Law Firm Taelim for systematic legal assistance.
The defense team at Law Firm Taelim understood the difficult management environment facing the client and implemented a customized response strategy to minimize punishment. Taelim first guided the client to repay the entire unpaid wage difference and secured an amicable settlement with the employee. This became the most decisive factor in reducing the level of punishment.
Regarding the failure to issue the employment contract, Taelim emphasized that the employee had actually worked for only three days. Taelim logically explained that this was not an intentional violation of the law, but a work-related oversight caused by the very short employment period. Taelim also strongly conveyed to the court that the client fully acknowledged the wrongdoing and intended to thoroughly manage labor affairs to prevent the same mistake from recurring.
The court accepted several mitigating factors presented by Law Firm Taelim, including the settlement and the short employment period. As a result, the client avoided imprisonment or a large fine and received a fine of KRW 500,000 with a one-year suspended sentence, allowing the client to return to daily life.
Labor Standards Act cases are sensitive matters that can leave a serious mark on business operations regardless of the amount involved. This case is significant because Law Firm Taelim minimized what could have been harsh legal responsibility in line with the client??s circumstances through prompt settlement and careful factual analysis. Taelim will continue to serve as a reliable ally for small business owners so that they do not suffer disproportionate harm due to lack of legal knowledge.
** If you are facing difficulties similar to the case above, please contact Law Firm Taelim at any time.
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