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BlogsTermination of Regular Employees: Key Requirements, Procedures, and Legal Considerations
What Can Make the Termination of a Regular Employee Unlawful? Under the Labor Standards Act, the termination of a regular employee is only valid when strict legal requirements are satisfied. An employer must have just cause for termination, provide the employee with a meaningful opportunity to explain or defend themselves before dismissal, and issue a written notice of termination. In cases involving managerial or business-related dismissals, additional requirements must also be satisfied, including: Urgent managerial necessity Efforts to avoid dismissal Reasonable standards for selecting employees subject to termination Prior notice to employee representatives at least 50 days before dismissal and sincere consultation procedures In practice, there are many cases where disciplinary procedures are carried out only formally, or where employees are pressured into submitting resignation letters, effectively inducing termination in substance. Even in such cases, the termination may still be considered unfair dismissal when the actual circumstances are examined. The legality of terminating a regular employee is not determined solely by the employer’s claims. Objective evidence and procedural fairness are the key factors. What Must Be Prepared Immediately After Receiving a Notice of Termination If you receive a notice of termination, it is important to avoid emotional reactions and systematically secure relevant evidence, including: Personnel appointment or transfer documents Notices regarding disciplinary committee proceedings Messages encouraIn addition, applications for relief before the Labor Relations Commission must generally be filed within three months from the date of dismissal pursuant to Article 28(2) of the Labor Standards Act. The three-month period is generally calculated based on the termination date stated in the notice of dismissal. However, if the notice lists a termination date that has already passed, the period may instead be calculated from the date the employee actually received the notice. It is also important to establish clear objectives and legal strategies, such as: Claims for wages equivalent to lost earnings Requests for reinstatement to the original position Without proper preparation, there is a significant risk that the employer’s arguments may prevail, leading to an unfavorable outcome. Why Legal Representation Matters Labor disputes involve both emotional and complex legal elements. Employers typically respond with the support of internal documentation and legal counsel. By contrast, employees who respond alone often face difficulties fully asserting their rights due to procedural mistakes or insufficiently organized arguments. In termination cases involving regular employees, it is necessary to carefully dispute issues such as: The specificity and legitimacy of the grounds for dismissal Whether the principle of proportionality was violated Whether the disciplinary measures imposed were appropriate A consistent strategy must also be established with future proceedings in mind, including: Applications for relief before the Labor Relations Commission Appeals before the National Labor Relations Commission Subsequent administrative litigation Professional legal intervention is therefore not merely about drafting documents — it is about determining the overall direction and strategy of the case. Decent Law Firm’s Legal Support In cases involving the termination of regular employees, Decent Law Firm structures the factual background of the case from the initial consultation stage and designs evidence preservation strategies tailored to the dispute. We also provide systematic support throughout the entire process, including: Applications for relief before the Labor Relations Commission Analysis of employer response submissions Hearing preparation and litigation strategy development Based on our understanding of corporate HR structures and disciplinary procedures, we proactively anticipate employer arguments and prepare effective counterpoints in advance. The termination of a regular employee is a critical turning point that can affect an individual’s career and livelihood. It is not a matter that should be delayed or approached lightly. Legal rights ultimately belong to those who actively assert them. Prompt and strategic action is often what determines the final outcome.
2026-03-03 Naver Blog -
Blogs
Ordinary Wage Litigation: What You Need to Know About Timeframes, Court Decisions, and Legal Strategy
Ordinary Wages: Why This Issue Needs to Be Reexamined Ordinary wages are a key legal concept used as the basis for calculating overtime pay, night work allowances, holiday pay, and severance pay. If compensation is paid regularly and uniformly as consideration for prescribed work, it may qualify as ordinary wages regardless of its label or title. The critical point is that the method of calculating allowances itself changes depending on whether certain payments are included in ordinary wages. As more items are recognized as part of ordinary wages, overtime pay and severance amounts inevitably increase as well. The problem is that many workplaces continue to calculate wages while excluding payments that may legally qualify as ordinary wages. For example: Excluding portions of regularly paid monthly bonuses Omitting position or duty allowances paid equally to all employees Renaming regularly and uniformly paid amounts as “performance bonuses” or similar terms without changing their actual nature If these practices have continued for years, employees may have unknowingly received lower amounts than they were legally entitled to. Ordinary wage litigation is the legal process designed to correct precisely this issue. How to Prepare for Ordinary Wage Litigation Preparing for ordinary wage litigation requires more than simple calculations. It requires a detailed legal analysis of whether the statutory requirements are satisfied. Key areas of review include: ① Analysis of employment contracts and workplace policies ② Review of pay slips and bonus payment records ③ Determination of whether the allowances were fixed, regular, and uniformly paid ④ Review of the statute of limitations (3 years) In many cases, employers defend themselves by arguing financial hardship or asserting violations of the principle of good faith. Filing a lawsuit without a structured response to these arguments may result in unexpected disadvantages. If the matter is taken lightly, employees may permanently lose the opportunity to recover years of unpaid allowances. When exercising legal rights, timing matters. Why Legal Representation Matters Ordinary wage litigation is not simply a demand for unpaid money. It involves: Legal disputes over whether specific allowances qualify as ordinary wages Systematic responses to employer defenses Strategic decisions between individual and collective claims Accurate calculation of recoverable amounts Companies often mobilize HR and legal teams to defend these claims. When individuals proceed alone, there is inevitably a gap in information, experience, and legal strategy. However, if the case is analyzed properly with professional legal assistance from the beginning, the outcome can change significantly. Decent Law Firm’s Legal Support Decent Law Firm has handled numerous wage dispute cases led by Attorney and Certified Labor Consultant Park Junhyung, who has experience at major law firms and labor consulting firms. Through this experience, we have developed a deep understanding of corporate wage systems and common employer defense strategies. Our legal support includes: Comprehensive analysis of wage structures Calculation of recoverable claims Strategic negotiation planning before litigation Close support throughout the entire litigation process Our goal is to provide practical and effective solutions for individuals considering ordinary wage litigation. Compensation that employees are legally entitled to should never become a matter of compromise. The decisions made today may determine rights that extend for years into the future, and protecting those rights is not optional — it is a matter of proper legal response.
2026-02-26 Naver Blog -
Blogs
If You Need Assistance With a Voice Phishing (Borrowed Account) Victim Relief Application
Why Is Recovery So Difficult in Borrowed-Account Voice Phishing Cases? Telecommunications financial fraud (commonly known as “voice phishing”) typically involves transferring funds through bank accounts opened under third parties’ names (so-called fraud-use accounts). Money transferred by the victim is quickly split across multiple accounts. Some funds are withdrawn in cash or converted into virtual assets, making tracing practically impossible. If the financial institution’s payment suspension procedure is delayed, meaningful recovery becomes extremely difficult. In organized schemes, roles are divided among recruiters, cash couriers, and managers, which makes identifying legally responsible parties time-consuming. Accordingly, borrowed-account voice phishing cases are not simple financial incidents. They are serious criminal matters requiring simultaneous consideration of both criminal and civil response. Immediate Actions After the Incident Immediately apply for victim relief through the financial institution after the transfer Report to the police and initiate a formal investigation Secure account flow data and organize call and message records If response is delayed at this stage, funds will rapidly dissipate. This matter must never be taken lightly. Even a few hours can determine the outcome. After payment suspension, a claim extinguishment procedure is conducted by the financial institution and the Financial Supervisory Service, followed by a decision regarding victim refund distribution. However, if an additional victim relief application is not submitted within two months from the public notice of the claim extinguishment procedure, the victim may lose eligibility for the refund (Article 6(1) of the Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss). Borrowed-account voice phishing cases require not only prompt initial measures but also systematic follow-up management. Why Legal Assistance Is Necessary Victims must simultaneously manage multiple response channels, including the Financial Supervisory Service, police authorities, and commercial banks. Filing a simple report is not sufficient. If the perpetrator can be identified, a civil claim for damages should be pursued in parallel. If a joint offender structure is revealed, strategies to assert joint tort liability must also be considered. Where the principal offender cannot be apprehended, it may be necessary to examine whether the account holder who provided access media, while foreseeing the fraudulent use, may bear liability for damages under tort law. However, proving the account holder’s foreseeability is essential, and liability may be limited if contributory negligence of the victim is recognized. Careful case-by-case legal analysis is therefore required. Providing practical direction to clients facing such distressing circumstances is the role of legal counsel. Attempting to navigate these procedures alone, particularly in an emotionally shaken state, can be overwhelming and complex.
2026-02-26 Naver Blog -
Blogs
Emergency Arrest in Korea: What Actually Happens in the First 48 Hours
The moment you're placed under emergency arrest in Korea, the clock starts. And it doesn't stop. Under Article 200-4 of the Korean Code of Criminal Procedure, investigators have exactly 48 hours from the time of arrest to apply for a detention warrant — or they must release you immediately. Every decision made inside that window has consequences that follow the case long after. Stage 1 · Immediate Arrest and Transfer to the Detention Facility At the moment of arrest, the arresting officer is required to inform you of your identity, the grounds for arrest, your right to retain a lawyer, and your right to remain silent. You'll then be transported to the nearest police station and placed in a holding cell. Once inside, the intake process begins: identity verification, personal belongings search and storage, and formal admission into custody. Two things matter most at this stage: Whether you can contact a family member When and how you can meet with a lawyer This is the single most critical moment to get legal counsel involved. In practice, the first attorney visit and formal retention often happen within hours of arrival at the holding facility — and for good reason. Stage 2 · Waiting in Custody and the First Interrogation At some point during the same day or the next, you'll be brought out for your first formal interrogation by investigators. In this compressed window, police are working fast — pulling together your statements, seized materials, and witness accounts to build a picture of whether charges are warranted and whether continued detention is necessary. What makes this stage particularly consequential is that the written interrogation record produced here often feeds directly into the detention warrant application and the subsequent warrant hearing before a judge. How much you say, what you say, and where you invoke your right to silence can significantly shape the direction of the entire case. Stage 3 · The Detention Warrant Decision If police determine that continued detention is necessary, they must submit a detention warrant request to prosecutors within 48 hours of the arrest. Prosecutors review the request and decide whether to seek the warrant from a judge. Miss the deadline, or fail to secure the warrant — and the suspect must be released immediately, no exceptions. During this window, the two sides are moving in opposite directions: Investigators are assembling evidence of the alleged offense and building the case for why detention is necessary Defense counsel is gathering evidence of stable ties to the community — residence, employment, family — and arguing that flight risk and evidence tampering concerns don't hold up Stage 4 · The Warrant Review Hearing and What Comes Next If prosecutors apply for a detention warrant, the suspect is brought before a judge for a warrant review hearing — known in Korea as the yeongjangsiljilsimsa. The judge evaluates three things: how well the alleged offense is substantiated, whether there's a genuine risk of flight or evidence tampering, and whether the investigation can reasonably proceed without detention. The outcome falls into one of three categories: Warrant granted → The suspect is remanded into custody at a correctional facility Warrant denied → Immediate release; investigation continues without detention No warrant filed within 48 hours → Immediate release, no further action required at that stage Decent Law Firm — Criminal Defense Practice The first 48 hours after an emergency arrest move fast, and the decisions made during that window — what to say, what not to say, what to prepare — shape everything that follows. Our criminal defense team covers the full sequence: from the first attorney visit at the holding facility, through the interrogation stage, to the warrant hearing before the judge. We focus on getting in front of unfavorable outcomes before they solidify, and staying in your corner until the end.
2026-02-25 Naver Blog -
Blogs
Traffic Accident Settlement Representation & Agreement Drafting Guide – Must-Read
The Legal Significance of “Settlement” for the Offender In traffic accidents that proceed as criminal cases, settlement with the victim is not merely a financial resolution. If a settlement is reached: In offenses prosecutable only upon complaint, prosecution may not proceed (except where statutory exceptions apply). Even where exceptions apply, settlement is considered a favorable sentencing factor. The likelihood of a fine or suspended sentence increases. The risk of imprisonment decreases. Conversely, failure to reach a settlement may be interpreted as a lack of effort to restore harm, which can significantly affect sentencing. In short, settlement is a critical factor in sentencing and a key variable shaping early defense strategy. Practical Problems When Attempting Settlement Alone Many offenders assume that having comprehensive auto insurance is sufficient, or that a direct apology and negotiation will resolve the matter. However, comprehensive insurance alone does not exempt criminal liability in cases falling under statutory exceptions or involving fatalities (Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents). Settlement still plays a crucial role in sentencing. In practice, the following issues frequently arise: Negotiations collapsing due to emotional confrontation Failure to respond properly to excessive settlement demands Settlement agreements lacking language sufficient for sentencing mitigation Phone calls or messages later used as unfavorable evidence In particular, inappropriate expressions during direct negotiation may create misunderstandings or escalate into secondary disputes. Settlement is not merely a conversation—it is a process of structuring legal consequences. Why Professional Settlement Representation Is Necessary Traffic accident settlement representation is not simply about delivering compensation on behalf of the offender. It involves: Analyzing the accident circumstances and fault ratio Reviewing criminal liability exposure and sentencing outlook Determining a reasonable settlement range Drafting an agreement clearly reflecting the victim’s intent not to seek punishment Establishing submission and response strategy before investigative authorities From the offender’s perspective, the approach must shift from emotional reaction to risk management. Immediately after the accident, statements should be made cautiously, and direct financial negotiation with the victim should generally be avoided. After accurately analyzing the nature of the case, a settlement strategy aligned with the criminal procedure should be designed. Settlement is not the final stage of the case—it sits at the core of the overall criminal defense strategy.
2026-02-24 Naver Blog -
Blogs
Must-Read Guide for Victims of Crypto Hacking Scams
How Channel-Hacking Crypto Scams Typically Operate Recent crypto hacking scams often unfold in the following sequence: Hijacking of a YouTube account Broadcasting a fake investment livestream Directing viewers to an external website or QR code Inducing wallet connection (Approve) or transfer of USDT/Bitcoin Draining tokens using granted approval authority and then disappearing In particular, “wallet-connection” scams differ from simple transfers. The moment a user approves a smart contract, the attacker may repeatedly move assets using that authorization. Such conduct may constitute computer fraud under Article 347-2 of the Criminal Act, as it involves unlawfully inputting information into an information processing system to obtain financial benefits. Immediate Actions If You Are a Victim Early response determines the direction of the case. If you realize you have been victimized by a crypto hacking scam, you should immediately: Revoke all token allowances (approval permissions) Create a new wallet and transfer any remaining assets Change all exchange passwords and OTP settings Secure evidence such as transaction hashes, counterparty wallet addresses, and access screen captures If funds were transferred to a centralized exchange, immediately request account freezing Virtual assets are often dispersed across multiple addresses within a short period. The first 24–48 hours are critical. As time passes, tracing becomes significantly more difficult, and recovery chances decrease sharply. Key Legal Issues in Pursuing Action Investment scams involving channel hacking are not merely civil disputes. They may involve multiple criminal charges, including: Fraud (Article 347 of the Criminal Act) Unauthorized access or intrusion under the Act on Promotion of Information and Communications Network Utilization and Information Protection (Articles 48 and 71) Computer fraud (Article 347-2 of the Criminal Act) Violations of the Electronic Financial Transactions Act (Articles 21-4 and 49) However, simply stating “I was deceived and transferred funds” is often insufficient to prompt proactive investigative measures. To establish fraud under Article 347 of the Criminal Act, the following elements must be proven: Deceptive conduct Inducement of mistake Disposition of property Occurrence of financial loss Causal relationship between deception and loss In particular, the specific content of the deception and the causal link showing that the victim transferred assets due to that deception must be clearly demonstrated. Ultimately, resolving crypto hacking scams requires a structured, data-driven approach—not emotional reaction. Understanding the technical flow and evidentiary framework is essential to identifying a viable path toward recovery.
2026-02-23 Naver Blog
