JIPYONG LLC

South Korean National Assembly Passes Bill Seeking Harsher Punishment for Industrial Accidents

[Recent Court Case 3] A disposition of removal from work without having complied with a statutory written notice under the Labor Standards Act constitutes a disciplinary dismissal in violation of the procedures and is thus invalid even if such removal follows a suspension and is based on the personnel policy or the rules of employment of the employer

[Recent Court Case 2] In case a worker has been dismissed without a justifiable cause before the date of business transfer, the business transferee shall succeed to the employment relation with the dismissed worker

[Recent Court Case 1] If an employer hired a third party person without confirming whether a former worker dismissed for managerial reasons was willing to enter into the employment agreement, it could be deemed to constitute a violation of the obligation of preferential reemployment.

[Case Highlight 5] Successfully defended the company to win a case in which violation of the duty of fair representation and unfair labor practices of control/intervention with regard to execution of wage agreement were issues in dispute

[Case Highlight 4] Successfully defended the employer to win a case of petition for retrial to remedy unjust punishment and unfair labor practices filed by the employees

[Case Highlight 3] Successfully defended the employer to win a final appeal case where the validity of an agreement between labor and management which abolished the retirement bonus system paid only to some workers under the collective bargaining agreement was an issue in dispute