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BlogsHow Foreign Workers Can Receive Severance Pay and Strategic response
Can Foreign Workers Receive Severance Pay? Retirement benefits are governed by Article 8(1) of the Act on the Guarantee of Employees’ Retirement Benefits. The Supreme Court has held that foreign workers are equally subject to the provisions of the Labor Standards Act regarding severance pay and the Minimum Wage Act regarding wage guarantees (Supreme Court Decision 2006Da53627, Dec. 7, 2006). Therefore, foreign workers are entitled to severance pay under the same standards as Korean nationals if the following conditions are met: Continuous employment of at least one year Average weekly prescribed working hours of at least 15 hours over a four-week period Qualification as a “worker” under the Labor Standards Act Regardless of visa type—such as E-9 (non-professional employment), E-7 (specific activities), or F-series visas—if the individual worked under the direction and supervision of an employer, severance pay entitlement applies. Despite this, some employers argue that “foreigners are excluded” or “fixed-term contract workers are not entitled.” In most cases, such claims lack legal basis. Severance pay for foreign workers is not optional; it is a mandatory statutory right that cannot be arbitrarily excluded. Common Disputes Involving Foreign Workers’ Severance Pay In practice, the following dispute types frequently arise: 1. Non-payment after departure from Korea A worker’s departure from Korea does not eliminate the employer’s obligation to pay severance. Under Article 9(1) of the Act on the Guarantee of Employees’ Retirement Benefits, an employer must pay severance within 14 days from the date the cause for payment arises. Violation may result in criminal penalties (Article 44(1)). 2. Settlement disputes involving E-9 workers under the Employment Permit System Some employers claim that payment through the “departure guarantee insurance” (mandatory departure insurance) constitutes full settlement. However, merely asserting that the matter was settled through departure insurance does not extinguish the severance obligation. The actual insurance payout must be compared with the statutory severance calculation to determine whether any shortfall exists. 3. Disputes over disguised subcontracting or freelancer status Some employers deny worker status based on the absence of social insurance enrollment. In such cases, worker status is determined based on substance over form, considering factors such as supervision and control, working structure, and wage payment methods. These issues should not be treated lightly. Delayed 대응 may make recovery of rights significantly more difficult. Legal Procedures When Severance Pay Is Unpaid If severance pay is not paid, the following steps may be taken: Filing a complaint with the Ministry of Employment and Labor Determination of unpaid wages Applying for a payment order or filing a civil lawsuit Simultaneously filing a criminal complaint, if appropriate Employers must pay severance within 14 days of the occurrence of the payment obligation (Article 9(1)). Failure to do so is punishable by up to three years of imprisonment or a fine of up to KRW 30 million (Article 44(1)). For workers planning to leave Korea, it is particularly important to secure evidence and file a complaint before departure. Missing the appropriate timing may significantly hinder actual recovery. For those facing unpaid severance as foreign workers, understanding these procedures can provide meaningful practical assistance.
2026-02-19 Naver Blog -
Blogs
Attorney Accompaniment to Police Investigation — Not Mere Presence, but Strategy
The Police Stage Is Not “Procedure Confirmation,” but “Evidence Production” Receiving a summons means the case has entered, or is about to enter, the investigative stage. It may still be at the preliminary inquiry phase before formal booking, or you may be questioned as a suspect or witness. What remains from this stage are written statements, submitted materials, and the context of questions and answers. Initial statements are directly linked to the prosecutor’s decision on referral and disposition. Once a statement is recorded, it becomes the standard for credibility assessment — “Didn’t you say that at the time?” — and later retractions are rarely persuasive. The Criminal Procedure Act explicitly guarantees a suspect’s right to remain silent (Article 244-3(1)1) and the right to assistance of counsel (Article 243-2). Investigative authorities must inform the suspect of these rights prior to questioning. However, in actual investigations, it can be difficult to determine when and how to exercise these rights. Under psychological pressure, individuals often hesitate. This is where attorney accompaniment to a police investigation becomes critical. The outcome can change depending on how far you answer, how you phrase uncertain memories, and how you respond to disadvantageous questions. Attorney Accompaniment Is Not “Attendance,” but “Statement Design” Attorney accompaniment is not merely sitting beside you in the same room. It is about reading the issues, organizing the facts, and preventing dangerous wording from entering the record. In practice, the difference appears in three stages: Pre-investigation preparation Reviewing the complaint, evidence flow, and key issues Structuring the framework of responses Preventing unnecessary admissions, exaggerated explanations, or statements that inadvertently expand liability Assistance during questioning Objecting to improper leading questions or repetitive pressure that infringes upon the suspect’s rights Ensuring that the written statement accurately reflects the intended meaning Requesting corrections where necessary Post-investigation strategy Organizing additional submissions Drafting written opinions Designing restitution and settlement strategies Even with identical facts, well-structured early response can secure a more favorable position at the crossroads between non-referral, non-indictment, and formal prosecution. Ultimately, attorney accompaniment is not about “getting through questioning smoothly,” but about preventing the investigative frame from being fixed against you. “Won’t Bringing a Lawyer Make Me Look More Suspicious?” This is the most common question. The answer is clear. A lawyer’s participation in suspect questioning is a statutory right under Article 243-2 of the Criminal Procedure Act and a concrete implementation of the constitutional right to counsel under Article 12(4) of the Constitution. Investigative authorities may not restrict a lawyer’s participation without just cause, nor may they impose disadvantageous treatment solely because counsel was present (see Supreme Court Decision 2003Mo402, Nov. 11, 2003). The issue is not attorney accompaniment. The real risk is attending without preparation. Emotional reactions, speculative statements presented as facts, or minimizing/exaggerating circumstances can bind you later. The mere fact that “it is recorded in the statement” can undermine the entire defense structure. Decent Law Firm’s Approach to Police Investigation Accompaniment The Criminal Defense Team at Decent Law Firm approaches police-stage cases with precision, aiming to maximize the possibility of favorable closure. Our system includes: Case-type specific issue analysis Statement rehearsal and wording review On-site accompaniment and statement verification Post-investigation closure strategy Criminal cases do not begin at trial. In many instances, the direction is determined at the first police interview. If you have received a summons, it is safer to review your initial statements with professional assistance rather than facing the process alone. Attorney accompaniment to a police investigation is not optional — it is a practical defense tool to protect your rights within the criminal procedure. Before it is too late, consult directly with a professional and establish your strategy.
2026-02-19 Naver Blog -
Blogs
Guide to Handling DUI Non-Indictment (Prosecutorial Suspension) and Repeat Offenses
DUI Penalties – More Serious Than You Think Driving under the influence (DUI) is classified as a violation of the Road Traffic Act. Under Article 148-2(3) of the Road Traffic Act, statutory penalties vary depending on blood alcohol concentration (BAC). ▷ First offense BAC between 0.03% and 0.08%: Up to 1 year of imprisonment or a fine of up to KRW 5 million BAC between 0.08% and 0.2%: 1 to 2 years of imprisonment or a fine between KRW 5 million and KRW 10 million BAC of 0.2% or higher: 2 to 5 years of imprisonment or a fine between KRW 10 million and KRW 20 million ▷ Repeat offense (reoffending within 10 years from the date a prior fine or heavier sentence became final) BAC between 0.03% and 0.2%: 1 to 5 years of imprisonment or a fine between KRW 5 million and KRW 20 million BAC of 0.2% or higher: 2 to 6 years of imprisonment or a fine between KRW 10 million and KRW 30 million ▷ Refusal to take a breathalyzer test 1 to 5 years of imprisonment or a fine between KRW 5 million and KRW 20 million In repeat cases, statutory penalties increase, and the likelihood of actual imprisonment rises significantly. DUI is not merely a minor administrative issue. It can result in a criminal record, license revocation, employment restrictions, and long-term disadvantages. What Is a DUI Non-Indictment (Prosecutorial Suspension)? A non-indictment decision (commonly referred to as “prosecutorial suspension”) means that although criminal suspicion is recognized, the prosecutor decides not to bring formal charges after considering various circumstances (Article 247 of the Criminal Procedure Act). Because the case is not referred to trial, no criminal sentence is imposed. However, investigative records remain, and it is distinct from a full acquittal or dismissal due to lack of suspicion. Importantly, even if a person receives a non-indictment decision, a subsequent DUI within 10 years may still be treated as a repeat offense subject to enhanced punishment. Therefore, a prior non-indictment can function as a prior record for aggravation purposes in future cases. When deciding on non-indictment, prosecutors generally consider: Whether it is a first offense The BAC level Whether an accident occurred Existence of victims and settlement status A sincere attitude of remorse Impact on occupation and livelihood However, meeting these factors does not guarantee non-indictment. The decision ultimately lies within prosecutorial discretion. Given the recent trend toward stricter DUI enforcement, cases involving BAC of 0.08% or higher or accidents may face difficulty obtaining non-indictment. Non-Indictment Does Not Happen Automatically There is a common misconception that “first offenses automatically result in non-indictment.” In reality, leniency is not guaranteed simply because it is the first detection. Consistency in early statements, the specificity of apology letters and petitions, completion of educational programs, preventive plans, and objective documentation of occupational disadvantages must be systematically prepared. Particularly in cases involving high BAC levels, traffic accidents, or unfavorable circumstances during enforcement, cautious and strategic response is essential. Statements and strategy during the initial investigation stage may significantly influence the final disposition. Under Article 12 of the Constitution, a suspect has the right to assistance of counsel during criminal investigations. It is advisable to receive legal assistance from the investigation stage to ensure proper response. How Decent Law Firm Assists The Criminal Defense Team at Decent Law Firm designs strategies centered on maximizing the possibility of non-indictment, including: Reviewing the legality of the traffic stop and enforcement procedures Conducting precise legal analysis of BAC results Structuring favorable sentencing factors Systematically preparing materials to demonstrate prevention of reoffending Objectively explaining occupational and livelihood impact Organizing persuasive legal arguments for non-indictment Non-indictment in DUI cases is not a matter of luck—it is a matter of strategy. Criminal liability arising from DUI goes beyond fines. It may affect one’s criminal record, social reputation, and professional career. Its weight should never be underestimated. If you are considering the possibility of non-indictment, a precise strategy must be established from the earliest stage of investigation. That decision becomes the starting point for changing the outcome.
2026-02-18 Naver Blog -
Blogs
Pre-Trial Detention Hearing in Drug Cases
Why Arrest Warrants Are Frequently Requested in Drug Cases Unlike many other criminal cases, drug offenses often involve the early request of an arrest warrant during the investigation stage. Investigative authorities tend to assess the necessity of detention more strictly due to the particular nature of drug crimes. A drug case does not end with the simple question of “whether there was use.” The core of the investigation lies in identifying distribution channels and accomplice relationships. If authorities believe a suspect may contact related parties to align statements or destroy evidence, the necessity of detention may be recognized. Even where only evidence of personal use exists, investigators frequently trace how the substance was obtained. In doing so, they may examine potential involvement in transportation, storage, or distribution. Even first-time offenders may face detention if they are interpreted as a link within a broader distribution structure. Assuming that “it was only personal use, so it will be fine” can be extremely risky. Three Legal Criteria That Determine Detention Under Article 70 of the Korean Criminal Procedure Act, a judge determines whether detention is necessary. In drug cases, these standards are often applied more rigorously. 1. Establishment of Probable Cause The court examines whether the alleged crime is sufficiently supported by objective evidence, such as positive forensic drug test results, seized materials, and consistency in statements. 2. Risk of Evidence Destruction The possibility of contacting accomplices or transaction counterparts, or deleting digital evidence (e.g., mobile phone data), is a key factor. 3. Risk of Flight The court evaluates whether the suspect has a stable residence, employment, and meaningful social ties, which reduce the likelihood of evading investigation or trial. Defense counsel’s role is to analyze the structure of the prosecution’s detention arguments, identify logical gaps or excessive inferences, and reorganize the narrative persuasively. Statements such as “I do not remember” must be carefully contextualized so they are not misinterpreted as intentional concealment. What Must Be Prepared Before the Detention Hearing The time between a warrant request and the court hearing is extremely limited. The ability to secure objective supporting materials during this window can significantly influence the outcome. 1. Clarification of the Facts It is essential to clearly define the scope of conduct — whether limited to personal use or extending to distribution, brokerage, or sales. Overbroad investigative assumptions should not go unchallenged. 2. Documentation of Social Ties Resident registration records, employment certificates, and letters of support from family members can help demonstrate the absence of flight risk. 3. Demonstration of Rehabilitation Intent Courts carefully consider the risk of reoffending in drug cases. Counseling records, medical appointments, and structured rehabilitation plans may meaningfully reduce concerns about recidivism. Decent Law Firm’s Criminal Defense Team Strategy Decent Law Firm’s dedicated criminal defense team focuses on minimizing detention risk through a structured and strategic approach during urgent warrant proceedings. 1. Detailed Case Record Review We conduct a comprehensive review of available evidence, prior statements, and alleged accomplice relationships to assess realistic detention risk and determine a strategic direction. 2. Structured Analysis of Detention Elements We reorganize the investigation record under the three detention criteria—probable cause, risk of flight, and risk of evidence destruction—to identify and address the court’s primary concerns. 3. Statement Strategy Design We ensure consistency with prior statements while carefully refining wording that could otherwise be misinterpreted. Clear boundaries are established regarding the suspect’s role to prevent expansion of alleged distribution involvement. 4. Collection and Structuring of Supporting Materials Objective documentation relating to residence, employment, family relationships, rehabilitation plans, and the current evidentiary status is gathered and structured into persuasive written submissions. 5. Hearing Preparation We prepare the suspect for likely judicial questions, focusing on concise and consistent responses that align with the record while reducing perceived detention necessity. Early Response Determines the Outcome A warrant request marks a critical turning point in a criminal case. The response at this stage can significantly affect whether the investigation proceeds without detention, as well as future trial strategy and sentencing considerations. If you have been notified of a warrant request or have a detention hearing scheduled, time is extremely limited. Early action determines the result. Decent Law Firm’s Criminal Defense Team provides 24-hour emergency response support for urgent detention matters.
2026-02-17 Naver Blog -
Blogs
If you need legal assistance regarding suspended sentences for DUI
DUI Penalties – What Are the Actual Standards? Driving under the influence (DUI) is classified as a violation of the Road Traffic Act, and sentencing varies depending on blood alcohol concentration (BAC) and prior convictions. ▷ BAC between 0.03% and 0.08% Up to 1 year of imprisonment or a fine of up to KRW 5 million. ▷ BAC between 0.08% and 0.2% (first offense or more than 10 years since prior conviction) 1 to 2 years of imprisonment or a fine between KRW 5 million and KRW 10 million. ▷ BAC of 0.2% or higher 2 to 5 years of imprisonment or a fine between KRW 10 million and KRW 20 million. ▷ Repeat offense (within 10 years after a DUI conviction resulting in a fine or heavier punishment) BAC between 0.03% and 0.2%: 1 to 5 years of imprisonment or a fine between KRW 5 million and KRW 20 million. BAC of 0.2% or higher: 2 to 6 years of imprisonment or a fine between KRW 10 million and KRW 30 million. ▷ Refusal to take a breathalyzer test: 1 to 6 years of imprisonment or a fine between KRW 5 million and KRW 30 million. Courts have been taking a stricter stance, particularly where a defendant reoffends within 10 years of a prior DUI conviction, and the rate of custodial sentences has increased. If personal injury or property damage is involved, the Act on the Aggravated Punishment of Specific Crimes may apply, leading to even harsher penalties. Suspended Sentence for DUI – Key Factors That Open Possibilities Courts consider the following major sentencing factors: Whether there are prior DUI convictions and how many The BAC level Whether an accident occurred and the extent of damage Whether restitution and settlement have been made A sincere attitude of remorse Efforts to prevent reoffending (treatment, education programs) Social ties and livelihood circumstances Submitting a letter of apology alone does not result in a suspended sentence. Because courts comprehensively evaluate the circumstances of the offense, subsequent actions, and the likelihood of reoffending, it is crucial to systematically prepare materials tailored to the individual case. The Line Between Imprisonment and a Suspended Sentence The direction of a verdict is not determined by a single BAC number. The outcome can vary significantly depending on the legal response. For example: Whether damages were fully compensated even if an accident occurred The time interval between prior offenses Whether the case involves simple intoxicated driving or dangerous driving How statements were made during the early investigation stage These factors directly influence sentencing decisions. In particular, investigation-stage statements, evidence organization, and settlement progress play decisive roles in shaping the court’s perception. If early response is mishandled, the possibility of receiving a suspended sentence can decrease rapidly. Conversely, a precisely structured defense strategy may create room to avoid imprisonment. How Decent Law Firm Assists Decent Law Firm does not approach DUI suspended sentence cases as mere pleas for leniency. We analyze the entire case and respond strategically. First, we objectively assess imprisonment risk by reviewing the applicable statutes, prior convictions, BAC level, and whether an accident occurred. Second, we systematically structure sentencing materials, including treatment plans, completion of prevention programs, and documentation of social relationships, to persuasively demonstrate a low risk of reoffending. Third, where victims are involved, we design settlement strategies and assist in achieving meaningful recovery. Fourth, during trial, we structure arguments around the factors the court considers most significant to increase the likelihood of a suspended sentence. A DUI case is not simply a matter of paying a fine. Although it may feel as though the outcome is already determined, the result can change substantially. What matters is the choice you make at this stage. Decent Law Firm designs the entire criminal procedure and presents realistic, strategic solutions tailored to each client’s circumstances. We strongly recommend seeking legal advice before it is too late.
2026-02-16 Naver Blog -
Blogs
If you need legal assistance regarding voice phishing sentencing, involvement, or voluntary surrender
Voice Phishing Punishment – What Charges Apply? In voice phishing cases, multiple offenses are often implicated simultaneously. The following charges are commonly applied: Fraud under the Criminal Act Aiding and abetting fraud Violation of the Electronic Financial Transactions Act (transfer or lending of access media) Violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds ▷ Article 347 of the Criminal Act – Fraud If a person deceives another and obtains property or financial benefits: → Punishable by up to 20 years’ imprisonment or a fine of up to KRW 50 million. ▷ Article 49 of the Electronic Financial Transactions Act If a person transfers, acquires, or lends access media such as bank accounts, check cards, or OTP devices: → Punishable by up to 5 years’ imprisonment or a fine of up to KRW 30 million. ▷ Organized Crime or Co-Principal Liability If a voice phishing organization qualifies as a criminal organization under the Criminal Act, the offense of organizing or participating in a criminal organization (Article 114 of the Criminal Act) may be established separately. If recognized as a co-principal in fraud, the defendant may be held responsible for the entire amount obtained through the scheme, significantly increasing sentencing severity. Why Even Minor Participants Receive Prison Sentences Claiming “I did not personally deceive the victim” is not sufficient. Courts comprehensively consider factors such as: Awareness of the overall criminal structure Expectation of unusually high compensation Repeated participation Total damage amount Whether restitution was made For example: ✔ Repeatedly delivering cash as a courier ✔ Systematically following instructions through Telegram or similar platforms ✔ Receiving high compensation If these circumstances are recognized, courts have imposed actual prison sentences even on first-time offenders. Voice phishing punishment is not easily mitigated simply by arguing that one’s role was limited. Where Do Sentence Reduction or Acquittal Possibilities Arise? Not all cases are evaluated identically. In many instances, the investigative “frame” established at the early stage remains throughout the proceedings. Therefore, initial response in voice phishing cases is critical and often decisive. For individuals worried about such charges, a strategy that accurately analyzes the structure of the case is essential. At the same time, voice phishing is a serious offense that should never be taken lightly. Delayed response may result in arrest and a custodial sentence. How Decent Law Firm Assists Voice phishing cases are not resolved merely by submitting a letter of remorse. Decent Law Firm provides structured legal assistance, including: Analysis of the participation structure Challenging the existence of conspiracy or co-principal liability Reviewing the applicability of aiding and abetting Designing restitution strategies Preparing and structuring statements during investigation Our criminal defense team reconstructs the co-offender framework based on case records and legally clarifies the scope of the suspect’s awareness. We also systematically design sentencing factors to maximize the possibility of avoiding detention and securing a suspended sentence where appropriate. Voice phishing punishment does not automatically result in imprisonment. However, if the initial 대응 is mishandled, it may lead to irreversible consequences. If you are currently under investigation, review your strategy before the sentencing level becomes fixed.
2026-02-13 Naver Blog
