JIPYONG LLC

The child care center hired the director (the “Director”) and, once discovering the facts of forgery and neglect of duty, dismissed the Director. The Director argued that the termination of the engagement agreement was wrongful termination, and filed the case with the local labor relations commission. Jipyong represented the child care center at the labor relations commission where the Director agreed to voluntarily resign and amicably resolve the dispute under the terms which were favorable to the child care center.

The Director then argued that the amicable resolution reached at the labor relations commission was invalid, and sought reconsideration of the case for relief from wrongful termination. Jipyong represented the child care center at the National Labor Relations Commission as well, and argued that (i) the letter of resolution drafted by the counsels for the parties who have the authorization to reach a compromise unless provided otherwise; (ii) even if the letter of resolution was invalid, the Director would not be deemed an employee under the Labor Standards Act in view of the court precedents and decisions rendered by the labor relations commissions; and (iii) even if the Director was deemed an employee under the Labor Standards Act, the termination of the engagement agreement would be deemed lawful termination.

The National Labor Relations Commission therefore accepted these arguments and decided that this claim for reconsideration was not deemed a case which may be reconsidered because this case was amicably resolved at the district labor relations commission, thereby dismissing the claim from the Director.