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엣지, 크롬, 사파리등의 다른 브라우저로 접속을 부탁드립니다. 감사합니다.

KOR ENG CHN

HR and Labor Affairs

  • 강병섭 변호사

    Kim, Kyeong Yeon

  • 강병섭 변호사

    Moon, Ki Joo

  • 강병섭 변호사

    Shin, Hyun Jung

  • 강병섭 변호사

    Lee, Hyungjin

  • 강병섭 변호사

    Jang, Eun Jin

  • 강병섭 변호사

    Jung, Sang Tae

  • 강병섭 변호사

    Cho, Yoon Ji

  • 강병섭 변호사

    Jo, Eun Ju

  • 강병섭 변호사

    Choi, Young Chan

  • 강병섭 변호사

    Ko, Seung Hee

  • 강병섭 변호사

    Kim, Young Jin

  • 강병섭 변호사

    Park, Joo Hyun

  • 강병섭 변호사

    Song, Byeong Hyeon

  • 강병섭 변호사

    Oh, Se Jun

  • 강병섭 변호사

    Lee, Da Sol

  • 강병섭 변호사

    Lee, Su Jin

  • 강병섭 변호사

    Lee, Jae Eun

  • 강병섭 변호사

    Jeong, Eun Ha

  • 강병섭 변호사

    Han, Jaeon

  • 강병섭 변호사

    Jin, Zhong Fu

  • 강병섭 변호사

    Jung, Bo Moon

  • 강병섭 변호사

    Lee, Si Yoon (Alex)

Introduction of Areas

The Labor & Employment Group at Barun Law LLC provides top-tier legal services based on the extensive experience and expertise of labor law professionals with exceptional capabilities.

To provide labor and employment services that offer real value to businesses, specialized expertise in just one area is not enough. It is essential to have a comprehensive understanding of the entire legal framework of labor and employment law, along with extensive hands-on experience in the field.

Our Labor & Employment Group possesses a wealth of experience and specialized knowledge in various areas such as disciplinary actions including dismissals, wages and working hours (including ordinary wages, wage peak systems, severance pay), review of internal regulations like work rules, and evaluation and revision of HR systems. The group also handles workplace bullying and sexual harassment issues, subcontracting within companies, worker status of independent contractors, collective bargaining support, and restructuring matters. We offer a total service that encompasses everything from advisory to litigation across various HR and labor improvement projects.

Key Contact

Major Practice Areas

Disciplinary Actions Including Dismissal

- Litigation related to dismissal and disciplinary actions

- Review of grounds and severity of disciplinary actions

- Support with disciplinary procedures


Wages and Working Hours

- Litigation and advisory on ordinary wages, minimum wage, wage peak system, severance pay

- Working hours, extended/night/holiday work, break times, and comprehensive wage systems


Workplace Bullying and Sexual Harassment

- Investigation and report preparation on workplace bullying and sexual harassment

- Legal response to related litigation


HR Operations and Optimization Advisory

- Advisory on voluntary retirement and restructuring

- Legitimacy of transfers and secondments

- Labor issues during mergers and demergers

- Advisory on development and operation for underperformance management systems


Litigation on Non-Regular Workers

- Legal status and employer responsibility in illegal dispatch and disguised subcontracting

- Worker status of independent contractors

- Renewal expectancy rights of fixed-term employees

- Discriminatory treatment cases

- Worker status under the Trade Union Act


Labor-Management Relations Advisory

- Support for collective bargaining

- Diagnosis of employee relations (ER) and strategic labor-management consulting


Labor-Related Criminal Matters

- Unpaid wages and severance pay

- Unfair labor practices

- Violations of the Occupational Safety and Health Act


Labor Injunctions

- Injunctions regarding collective bargaining, prohibition of industrial actions, suspension of duties, non-compete clauses, and suspension of work rule effectiveness


Compliance Monitoring

- Review and drafting of employment contracts and rules, etc.

- Pre-audit checks for labor inspections and enhanced response capabilities

- Evaluation and revision projects for HR systems


Labor Relations Commission Cases

- Relief applications to regional and central labor commissions, including correction of discrimination and unfair labor practices

Representative Cases

Labor & Employment Litigation

- Worker status of appliance installers for L Corp (retail)

- Wage peak system cases for H Corp and I Corp (securities)

- Regular employment expectation rights for fixed-term workers for K Local Government

- Whether break time constitutes working hours at Y Local Government

- Employment succession upon company split for H Corp (food distribution)

- Retirement extension claim due to family registry correction for Y Corp (chemical)

- Contract renewal expectancy of a foreign editor for S Corp (securities)

- Dismissal of an illegal rally organizer at Y Corp (chemical)

- Dismissal for sexual harassment at M Corp (broadcasting)

- Dismissal for private financial dealings for M Corp (paper manufacturing)

- Dismissal for misuse of corporate card for H Corp (banking)

- Dismissal of underperformers at H Group

- Dismissal for unauthorized line shutdown and illegal rallies at H Group (automobile)

- Multiple ordinary wage lawsuits including D Corp (steelmaking)

- Dismissal for refusal of transfer at H Corp (metal)

- Collective dismissal for H Corp (port services)

- Performance bonus claim by retired executive at H Corp (petrochemical)

- Unfair labor practice case at H Corp (card)

- Employer status of dock labor union in H Union (dock transport)

- Criminal case under the Occupational Safety and Health Act for S Corp (construction)


Labor & Employment Advisory

- In-house subcontracting and HR regulation review project at S Corp

- Subcontracting compliance review project at L Group service centers

- In-house subcontracting review at S Corp (medical devices)

- Working hour reduction and subcontracting review project at S Group (department store)

- Working hour reduction project at S Group

- Collective bargaining advisory at H Corp (retail)

- Collective bargaining advisory at T Corp (broadcasting)

- Workplace bullying and sexual harassment investigation and reporting at H Corp (securities)

- Sexual harassment investigation and reporting at O Corp (IT)

- Advisory on ordinary layoffs and workforce transfer due to closure of B Company

Recent Cases

[Labor & Employment] A Case in Which Barun Law Successfully Overturned a First-Instance Judgment and Obtained a Decision Canceling a "Demotion" Disciplinary Measure by Arguing Abuse of Discretion in a Case Involving Alleged Violation of the Duty Not to Abandon One's Post, Duty of Obedience, etc.
[Labor & Employment] Barun Law Obtained a Judgment Holding That Even Where a Justifiable Expectation or Trust Had Been Created Regarding the Hiring of an Executive, It Could Not Be Deemed That an Executive Employment Contract Had Been Formed
[Labor & Employment] Barun Law Successfully Defended a Public Institution's Dismissal of Employees Engaged in Solar Power Business Activities in Violation of the Prohibition on Concurrent Employment
[Labor & Employment] Case in Which Barun Law Obtained a Non-Referral Decision for a Client Facing Criminal Punishment Against Employee's Malicious Claim
[Labor & Employment] Successful Defense of an Employer in a Lawsuit Challenging Dismissal for Workplace Sexual Harassment
[Labor and Employment] Court Denies Continued Employment Relationship Despite Repeated Fixed-Term Employment Through Competitive Public Recruitment by a Local Government
[Private School Restructuring & Asset Management Response] A Case Where the Cancellation of a Non-Renewal Decision Effectively Constituting Dismissal Due to Department Closure was Granted by the Teacher Appeals Commission
[Labor & Employment] Barun Law Secures Full Victory in Claiming Executive Severance Pay Despite Employer's Denial of Internal Regulations
[Human Resources & Labor] Case Determining That Employment Rules for Permanent Care Teachers Do Not Directly Apply to Outsourced After-School Care Teachers, Even if Employment Dispatch Relationship with Education Authority is Recognized (Case Remanded)
[Employment and Labor] A Judgment Confirming the Legality of an Employer's Personnel Order in Accordance with Legal Principles
[Labor] Successfully Representing a Local Public Enterprise and Obtaining a Judgment Confirming That Evaluation Pay of Local Public Enterprises Is Not Part of Ordinary Wages
[Labor/Criminal] Barun Law successfully defends the client in a case of the forced withdrawal of union membership by minimizing the scope of prosecution and preventing a request for warrant issuance
[HR/Labor] A case in which Barun Law obtains the decision that the wage peak system is valid
[HR/Labor] A case in which Barun Law obtains the decision that a company’s order to remove an executive employee who was disciplined for sexual harassment in the workplace by exploiting his executive position and to transfer him to a working-level position is legitimate
[Personnel & Labor] We obtain a confirmation that allowances paid to employees by a local public corporation based on its own assessment do not constitute ordinary wages
[HR · Labor] Barun Law obtains a court decision reaffirming that a freelance IT developer hired to work on a specific project is not a worker under the Labor Standards Act
[HR/Labor] Barun Law obtains a decision that the case not be sent to the prosecution with regard to the allegation that a company's act of depositing 50 million won into a labor union's account constituted an unfair labor practice of assisting with operating expenses.
[Labor·Employment] Barun Law obtains the decision of non-prosecution in the case where whether negative statements made by an officer of a company to a non-union member about the labor union of the company constitutes unfair labor practices becomes an issue.
[Employment/Labor] Barun Law provided advisory service for an employee who was subject to the disposition of mandatory retirement for the entry of criminal conviction.
[Labor · Employment] A case in which the court ruled that the peak wage system of a securities company was valid
[Labor] We won the lawsuits before the district and the appeal courts for employees who had been dismissed ex officio due to the allegation of employment irregularities by proving that there was no causal relationship
[HR · Labor] A case in which the court rendered a judgment finding that the relevant company’s dismissal of a call center employee on the ground of negligence of duties is justifiable
[Employment and Labor · Labor Dispute Resolution] A nine-year long ordinary wage lawsuit involving Hyundai Heavy Industries ends with the Supreme Court of Korea quashing the lower court’s ruling, remanding the case back to the lower court, and setting out specific judgment criteria, such as possibility to foresee management decline, long-term recoverability, and possibility of corporate survival
[HR · Labor] With regard to a clause in a collective agreement that a disciplinary action may be taken against an employee who is under leave of absence because the employee is under arrest due to a criminal charge if the employee is finally subject to imprisonment, we obtained a decision that dismissal was reasonable by convincing the court that the clause was applied to a case where the disciplinary action was taken due to the sentence of punishment resulted from criminal prosecution
[Labor and Employment] A case where the court judged that a foreign editor, who was employed by a securities company to correct and edit English reports, corresponds to a publishing professional set out under Major Group 2 of the Korea Standard Classification of Occupations, and thereby exempt from fixed-term contracts as an exception among fixed-term workers
[Labor · Labor Dispute Resolution] A case in which the Supreme Court of Korea ruled that the headquarters of a domestic company be responsible for the outstanding wages payable to overseas dispatched workers, quashing and sending back the lower court’s decision
[HR · Labor] A case in which we obtained a decision that a retiree who applied for reemployment be employed by obtaining an interim relief through which the retiree was granted the status of an applicant qualified for the reemployment program because of the illegality of an internal regulation providing that a person who is under investigation or a criminal trial pending is not qualified for employment
[HR·Labor] Barun Law represented a company in a case where executives, who claimed that their recent personnel appointments are retaliatory measure made against them, sought for suspension of the effect of the personnel appointments and prevailed
[HR·Labor] A case in which we represented an employer and helped the employer to win a lawsuit filed by workers engaged in two work shifts per day for the payment of allegedly outstanding allowances for overtime work and holiday work
[HR·Labor] A case in which it was found that a decision made by the Anti-Corruption and Civil Rights Commission that a demand on resolution of a disciplinary action against a person reporting a corruptive act should be cancelled because it is a disadvantageous measure against the person
[Labor & Employment] A court’s decision confirming that it was legal for an employer to transfer an employee to another job on the basis of the changes in workloads of jobs
[Labor and Employment] A registered director was held to be an employee who provided his employer with labor service under a subordinate employment relationship to earn salaries.
[HR and Labor] A court’s decision that middle managers of a department store are not an employee under the Labor Standard Act.
[HR·Labor] A decision confirming that a freelance computer programmer who is hired for a certain project does not constitute a worker under the Labor Standards Act
[Employment·Labor] A decision that monitoring workers at an integrated control center operated by a local autonomous government is not entitled to a right to expect the renewal of an employment contract
[HR·Labor]A decision that ex-officio dismissal of an employee is illegal if there is no proved causal relationship between the improper solicitation and the employment of the employee and causes resulting in the ex-officio dismissal is beyond the scope prescribed in the relevant rules of employment (or labor management regulations) even though it is found that a person having a close relationship with the employee has made the improper solicitation for employment
[HR·Labor] A decision in which a worker’s application for injunctive relief was denied on the ground that actions intended to prevent harassment at workplace had been properly taken
[HR·Labor] A decision confirming that a short period of rest time granted by an employer several times in a day constitutes recess hours under the Labor Standards Act
[HR·Labor] A decision confirming that the legitimacy of an employer’s authority to direct an employee to move to another post should be determined by taking account of the principle of good faith and whether the direction was necessary for business purposes, the selection of the employee was reasonable, and there would not be any disadvantage to daily life of the employee
[HR·Labor] A decision that an employer’s disciplinary action of dismissing some employees who acquired capital gains by exploiting classified internal information is reasonable
[Labor·Employment] A decision in which an online/offline instructor of a famous private academy is deemed as employee under the Labor Standards Act
[Employment·Labor] Barun successfully represented an owner and a contractor of a project in a case in which they were found that they were not liable for damages against a worker of a subcontractor who was dead while working in the premises of the project owner.
[HR·Labor] Barun obtained a decision that transferring the accounting staff to another post, which was executed in accordance with the amendments to relevant statutes and the fluctuations of workload, was legal.
[HR and Labor] A court’s decision that middle managers of a department store are not an employee under the Labor Standard Act

Professionals