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BlogsMust-read if you are wondering how to review an employment contract and respond effectively
Why an employment contract is not a mere “formality,” but a risk-management document Employment contracts are often treated as formal documents used simply to complete the hiring process. In reality, however, a significant number of labor disputes originate from the wording of the contract itself. In many cases, contracts are formally executed but contain provisions that fail to meet the standards set by the Labor Standards Act and other relevant laws, or they repeatedly use clauses where the actual working conditions differ from those stated in the contract. In practice, once a dispute arises, the rights and obligations of the parties—and the scope of liability—are determined based on the working conditions specified in the employment contract. For this reason, reviewing an employment contract should not be viewed as damage control after a problem occurs, but as a preventive measure designed to block disputes from arising in the first place. This process is not a simple document check; it is the starting point for managing legal risks that may persist for years. Key clauses that most frequently cause problems in employment contracts Clauses that lead to disputes tend to follow consistent patterns. If the structure of wages is unclear—such as the distinction between base salary, bonuses, and various allowances (overtime, night work, holiday work, etc.)—disputes often arise during the calculation of ordinary wages, average wages, and retirement benefits (Labor Standards Act Article 2(1)5 and 6). Dispute risk also increases when provisions regarding prescribed working hours, overtime, night work, and holiday work are drafted in broad or vague terms rather than with sufficient specificity. In particular, comprehensive wage systems (fixed overtime pay systems) are frequently applied in form only, without satisfying the required conditions—such as difficulty in calculating actual working hours—resulting in especially high legal risk (see Supreme Court Decision, May 20, 2010, 2008Da6052, among others). Issues also commonly arise where the title of a worker—such as fixed-term employee or freelancer—does not match the actual nature of the work performed, leading to disputes over employee status. Likewise, unclear standards for contract expiration, termination, or renewal repeatedly become sources of conflict (Act on the Protection of Fixed-Term and Part-Time Employees, Article 2(1)). Ultimately, the core issue is not whether a clause exists, but how it is drafted, which is precisely why a proper employment contract review is necessary. When is an employment contract review necessary? The most effective time is before entering into the contract, specifically just prior to signing. Review is also critical when a contract is renewed, working conditions are changed, or personnel and compensation systems are restructured. It is likewise necessary when discrepancies emerge between the terms stated in the contract and how they are actually implemented—particularly with respect to wages, retirement benefits, and working hours—or when early signs of dispute appear. Conducting an employment contract review in advance, rather than after a dispute has already arisen, can significantly reduce legal costs and risks. For those who feel uncertain or anxious due to legal ambiguity surrounding their employment contract, it is important to understand that professional review at an early stage can decisively influence the outcome of any future dispute. Conversely, delaying proper review and response may expand the scope of legal liability or make dispute resolution more difficult, requiring a cautious and proactive approach. Decent Law Office’s approach to employment contract review Decent Law Office does not stop at refining wording. Each clause is analyzed for risk based on real labor disputes and judicial precedents, with a focus on structural vulnerabilities that could lead to conflict. Furthermore, the firm considers response strategies that can be immediately implemented should a dispute arise in the future. Through this approach, employment contract review becomes not a one-time procedure, but an ongoing risk-management tool. An employment contract is not a document to consult after a dispute occurs—it is a document designed to prevent disputes from occurring at all. With Decent Law Office, a single employment contract review can reduce long-term accumulated legal risks, and that choice ultimately protects both the organization and the individual.
2026-01-20 Naver Blog -
Blogs
An Initial Response Guide to Achieve a Favorable Outcome After an Assault
What to do first immediately after an assault: securing safety and creating records Just because the assault has ended does not mean the danger has completely passed. The very first priority is to separate from the scene and prevent further confrontation. Put physical distance between yourself and the assailant, and seek help from people nearby to stabilize the situation. In cases of assault, the general rule is to call 112 and request police dispatch. If there is an imminent risk or ongoing threats, reporting immediately is essential. If injury is suspected, you should also request medical assistance through 119. Dispatch records and call logs generated at this stage often become the starting point for later fact-finding. Many victims think, “It will probably get better after some time,” but once initial response is delayed, objective evidence disappears quickly. Medical records and evidence collection: key factors that determine the outcome The significance of medical records Even if the pain feels vague or the injuries do not appear severe, it is important to visit a hospital as soon as possible. Medical certificates, treatment records, and receipts for medical expenses are not merely reference materials—they are critical evidence in both criminal proceedings and damage compensation assessments. Evidence must be collected “lawfully” Bruises and wounds change over time, so photograph them immediately from multiple angles If there are witnesses, secure their contact information and make a brief note of when, where, and what they saw For nearby CCTV footage, request preservation first rather than viewing (if preservation is missed, footage may be deleted) Recording the assault itself or conversations before or after the incident can help secure evidence That said, the admissibility of recordings is determined by a comprehensive review of how the recording was made, the credibility of the content, and whether it was edited. It is therefore important to clearly document the timing and circumstances of the recording. When assaulted, the key is not collecting as much evidence as possible, but securing evidence properly, so it does not become disputed later. Reporting, filing charges, and intent to punish: an irreversible decision point A 112 report initiates on-site intervention and fact verification. A criminal complaint, on the other hand, is a formal procedure that documents both the facts and the intent to seek punishment. Under Article 260(1) of the Criminal Act, the crime of assault is classified under Article 260(3) as an offense prosecuted only upon the victim’s complaint (a crime subject to the victim’s intent). Accordingly, the decision to express or withdraw an intent to punish can dramatically change the direction of the case. Once a statement of no intent to punish is submitted, it may be difficult to reverse after a certain point. In addition, whether the incident is classified as simple assault, injury, or aggravated assault involving a dangerous object changes not only the applicable provisions, but the entire procedural path. If this classification is misjudged at the initial stage, it is often very difficult to correct later—no matter how much explanation is provided afterward. Early organization and documentation determine the result In assault cases, investigative authorities and courts make decisions based on clearly organized facts and lawfully obtained evidence. At this stage, Decent Law Office provides the following practical assistance: Organizing facts and constructing a clear timeline Determining the appropriate charges and procedural strategy Reviewing and structuring evidence with a focus on admissibility Responding to issues related to intent to punish and settlement documentation Many people who experience an assault think, “This seems manageable on my own.” However, if early organization and documentation are insufficient, the outcome can move in a direction completely different from what was intended. For clients who are troubled and anxious about this issue, assistance that sets the direction correctly from the outset can make a clear difference. Assault cases are decided in the details. What you organize and what you preserve at the initial stage directly affects the final conclusion. Decent Law Office plays a practical role right at that starting line. Before it is too late, consider obtaining professional assistance to prepare materials that are appropriate for your situation.
2026-01-20 Naver Blog -
Blogs
Must-read if you want to avoid punishment for violating Korea’s Anti-Money Laundering Law
Why anti–money laundering (AML) cases become a problem The Act on Reporting and Using Specified Financial Transaction Information (the “Specified Financial Information Act,” often called the AML Act) is a core law aimed at preventing money laundering (AML) by regulating money-laundering activities and the financing of public-intimidation/terroristic acts through financial transactions. This law is not so much a statute that directly punishes the act of money laundering itself; rather, it focuses on regulating the financial transaction order through measures intended to prevent money laundering—such as reporting obligations for financial institutions, customer due diligence (KYC) obligations, and reporting/registration obligations for virtual asset service providers (VASPs). Because of this, cases repeatedly arise in which a person becomes a target of investigation for alleged AML law violations even though they did not directly commit a crime, simply because they failed to exercise sufficient caution regarding the source of funds or the structure of the transaction. Recently, in practice, issues often arise in situations involving virtual asset (crypto) transactions, movement of funds using corporate accounts, and intermediary/relay structures involving third parties. Even if a transaction appears normal on the surface, legal risk can arise if the origin and flow of funds are not clear. In what situations can you become implicated in a violation of the AML law? Violations of the Specified Financial Information Act are intent crimes, meaning punishment requires proof of intent. However, intent includes not only direct intent, but also dolus eventualis (reckless/conditional intent). If a person recognizes the possibility that the criminal result may occur and internally accepts that risk, intent may be found. This is determined not only by the actor’s statements, but by a comprehensive evaluation of specific circumstances, including the external form of conduct and the situation. Lending your financial account to another person or providing an access medium (e.g., authentication tools) may constitute a violation of the Electronic Financial Transactions Act (Article 49(4) of that Act). In addition, if you assist someone in conducting financial transactions under another person’s real name for the purpose of an evasive or unlawful act, you may be liable as an aider for a violation of the Act on Real Name Financial Transactions and Confidentiality (Financial Real-Name Act) (Article 6(1) and Article 3(3) of that Act). However, under the Financial Real-Name Act, an “evasive/unlawful act” must rise to a level comparable to the concealment of illegal assets, money laundering, financing of public-intimidation/terroristic acts, or evasion of compulsory execution. There is case law holding that simply being used as an account to receive fraud proceeds from electronic financial fraud is, by itself, difficult to regard as an “evasive/unlawful act” (Incheon District Court, Feb. 11, 2022, Decision 2021No3685). That said, in practice, there have been many cases where something appeared to be a normal investment settlement or payment for services, but was judged to be a channel for transferring illegal funds, triggering an investigation. In particular, when repeat transactions, large amounts, and a complex transaction structure are intertwined, criminal suspicion becomes much stronger. Key response points you must consider if you become implicated Money-laundering-related crimes punish not only principal offenders but also aiders and abettors. Therefore, even if you did not directly obtain or store criminal proceeds, you may be punished as an accomplice if you engaged in conduct that facilitated money laundering. For aiding/abetting liability to be established, the principal’s crime must satisfy the statutory elements and be unlawful, and the aider must have intent to assist along with awareness that the principal’s conduct constitutes an act meeting the elements of the offense. However, in AML cases, what matters more than whether you committed a formal act is how you were involved in the flow of funds and whether you could have recognized what was happening. In practice, factors like the following are reviewed comprehensively: Whether you committed specific acts that constitute money laundering or aiding/abetting money laundering Whether you knew, or could have known, that the funds were criminal proceeds or other illegal assets Whether your involvement was merely part of routine 업무 (work-related involvement), or whether you had an intent to facilitate money laundering In virtual asset cases, whether you fall under the Specified Financial Information Act’s definition of a “virtual asset service provider (VASP)” and whether you fulfilled the reporting/registration obligations Also, the fact that the transaction structure looked normal does not, by itself, negate legal responsibility. In areas such as virtual asset transactions, the use of corporate accounts, and third-party relay structures, the key standard is substance over form—the reality, not the appearance. Financial transactions or virtual asset transactions conducted in Korea are subject to the Specified Financial Information Act. Even if the transaction occurs overseas, it may still fall under the Act if it is conducted through Korean financial institutions or virtual asset service providers. Assistance from Descent Accordingly, Descent Law Office approaches AML cases not as a simple response to allegations, but through a structure-focused analysis. Reflecting the characteristics of virtual asset and corporate transactions, the firm reviews fund flows and each party’s role in a multidimensional way, and from the early stages of an investigation, establishes a response strategy that considers both criminal and civil risks. Based on extensive practical experience in similar cases, the firm provides realistic defense direction rather than merely formal advice. In AML matters, outcomes can vary greatly depending on the timing and manner of response, and early choices can determine the course of the case. Before it is too late, consult a professional expert first.
2026-01-19 Naver Blog -
Blogs
Outcomes Differ Depending on How a Severance Pay Attorney Responds
Why Do Severance Pay Disputes Keep Repeating? The primary causes of severance pay disputes lie in disagreements over the continuous service period and the method of calculating average wages. In practice, it is common to see cases where the contractual employment period is shortened despite the actual work performed, or where bonuses and various allowances are excluded from wages. Employers often justify their calculations based on internal rules or customary practices, but legal standards frequently lead to entirely different conclusions. These discrepancies are difficult for individuals to assess on their own, often resulting in employees accepting unfair settlements as they are. At this stage, review by a severance pay attorney allows for an objective assessment of whether recalculation under statutory standards is possible. Settlement Agreements and Confirmations: What Must Be Reviewed Before Signing Settlement agreements or confirmations presented during the resignation process are not mere procedural documents; they are legally binding instruments that can determine whether future rights may be exercised. In particular, the following elements must be reviewed individually before making a decision: Key Items to Review in Severance Settlement Agreements Whether the agreement includes any waiver of claims Whether the basis for severance pay calculation is clearly explained Whether the payment amount is appropriate compared to statutory standards Whether the agreement was reached without sufficient disclosure of information Whether the subject and scope of the agreement are clear and specific Even if only some of these elements are lacking, the validity of the agreement may be contested. In particular, agreements entered into due to mistake or deception may be subject to rescission (Supreme Court of Korea, December 12, 1995, Case No. 94Da22453). Failing to review these issues before signing may result in voluntarily relinquishing recoverable rights. Therefore, prior to signing any agreement, it is essential to accurately analyze the meaning and legal effect of its terms. At this stage, whether a severance pay attorney conducts a pre-signature review becomes a key factor determining the scope of future remedies. How Timing and Procedural Choices Affect Outcomes In severance pay disputes, outcomes can vary significantly depending on when and how a response is made. The longer the delay, the more difficult it becomes to secure evidence, and rights may become unenforceable due to the expiration of the statute of limitations. In particular, the following factors must be reviewed comprehensively: Key Considerations When Determining Timing Changes in the availability of evidence The employer’s response posture Risks of statute of limitations expiry and loss of evidence The strategic importance of early judgment How Procedural Choices Shape the Response Strategy When administrative procedures are appropriate When litigation is necessary For individuals experiencing anxiety while facing this issue alone, the initial choice of procedure often provides the most practical assistance. Conversely, postponing action may result in the statute of limitations expiring, making enforcement impossible. Severance pay disputes should never be taken lightly. At this critical decision point, strategic planning with a severance pay attorney is what ultimately creates meaningful differences in outcomes. How Decent Law Firm Assists Based on extensive practical experience in labor disputes, Decent Law Firm conducts systematic analysis of severance pay cases. In particular, labor law attorneys who are former certified labor consultants are directly involved, carefully reviewing wage components and employment relationship interpretations from both practical and statutory perspectives. Rather than merely explaining legal provisions, we establish a consistent strategy that encompasses fact organization, evidence structuring, and procedural responses. Restoring rights after resignation depends heavily on timing and strategic direction. Before it becomes too late, we encourage you to correct unfavorable situations through the assistance of a qualified severance pay attorney.
2026-01-15 Naver Blog -
Blogs
Referral Marketing: Outcomes Depend on How It Is Conducted
Referral Marketing Is Not Always Illegal Referral marketing originates from the basic marketing concept of “recommendation.” If a service or platform is introduced on a one-time basis and a reward is received accordingly, it may be assessed as legitimate promotional activity. However, referral marketing may raise legal issues if it operates in any of the following ways: A structure in which profits are generated step-by-step and on a continuing basis depending on the referrer’s performance in recruiting downstream members or their trading results; or Monetary transactions occur without any genuine exchange of goods or services; or Funds are solicited while guaranteeing high returns. In such cases, legal issues may arise under the Act on Door-to-Door Sales, etc. (including multi-level marketing or sponsored door-to-door sales), the Act on the Regulation of Conducting Fund-Raising Business without Permission, or criminal fraud provisions. The key point is that even when the same label—“referral marketing”—is used, legal evaluation can vary significantly depending on how the operation is actually structured. In legal assessments, the crucial factors include whether rewards are paid in stages based on downstream recruitment or trading performance, whether there is a genuine transaction of goods or services, and whether the individual was substantively involved in member recruitment and management. Key Factors That May Lead Referral Marketing to Criminal Liability Whether referral marketing leads to legal sanctions is not determined by a single factor. During investigations and trials, authorities comprehensively examine the following elements: Nature of the Revenue Structure Whether compensation is merely a sign-up bonus, or whether differentiated rewards are paid based on downstream recruitment results, trading volume, or organizational hierarchy, is a critical consideration. The more the structure resembles performance-linked compensation rather than simple referrals, the higher the likelihood of legal scrutiny. Repetition and Continuity of Conduct Authorities assess whether the activity was a one-time introduction or whether the same member recruitment activities were repeated over a long period. Under the Act on Door-to-Door Sales, whether an activity is conducted “as a business” is determined by considering repetition, continuity, and profit motive together. Degree of Involvement After User Acquisition Beyond merely providing a sign-up link, it is important whether the individual substantively participated in explaining the business structure or compensation scheme, recruiting or managing downstream members, or handling inquiries and complaints. If such involvement is established, the scope of liability may expand. Role and Function Within the Overall Structure Regardless of formal titles, authorities comprehensively review the actual functions and roles performed within the organization, such as member recruitment, business explanations or training, downstream organization management, and commission payments. Common Misconceptions in Referral Marketing Cases One of the most common misconceptions is the belief that liability can be avoided simply because the individual did not directly hold or handle funds. However, in cases involving multi-level marketing or sponsored door-to-door sales, authorities focus less on fund custody and more on: The individual’s substantive role within the organization The degree of involvement in member recruitment and management The extent of contribution to operating the compensation structure Another frequent misunderstanding is that using overseas platforms or foreign entities automatically avoids the application of Korean law. In reality, if members are recruited in Korea, business structures are explained to Korean users, or compensation is paid domestically, Korean laws—including the Act on Door-to-Door Sales—may still apply, regardless of the platform’s or entity’s location. Some also believe that modifying the structure or deleting related materials after issues arise will eliminate legal liability. However, in matters involving multi-level marketing or sponsored door-to-door sales, legal responsibility is assessed based on the structure and conduct at the time the acts occurred. Post hoc structural changes or document deletions do not extinguish liability for already completed offenses and may instead give rise to additional legal issues, such as destruction of evidence under Article 155 of the Criminal Act. Decent’s Approach: What to Review Now in Referral Marketing Matters In referral marketing cases, early-stage organization and assessment directly influence future legal outcomes. In particular, the following points should be carefully reviewed: Differentiating roles by specific acts and time periods Organizing facts based on substance rather than form Setting a response strategy before the scope of liability is fixed Understanding how early 대응 impacts final outcomes Referral marketing may appear, on the surface, to be a simple promotional activity. However, actual legal judgments are always based on structure, role, and degree of involvement. Many individuals later find themselves overwhelmed with anxiety, thinking, “I didn’t realize it could become this serious.” If the issue is taken lightly or postponed, it may lead to unexpected legal liability, which should never be ignored. Because it is essential to accurately identify the structure, clarify roles by timeline, and establish a response strategy suited to the current situation, we strongly recommend conducting an early, expert-level review of your circumstances.
2026-01-15 Naver Blog -
Blogs
Unpaid Wages: Labor Consultant Fees & Cost Consultation Guide
Why Do Victims of Unpaid Wages Start by Searching for “Labor Consultant Fees”? When wages have not been paid, any additional expense can feel like a heavy burden. For this reason, many victims first search for labor consultant fees for unpaid wage cases. It is natural to expect that “handling the case through a labor consultant might be a more affordable solution.” In actual consultations, the most common questions are straightforward: How much do labor consultants charge, and is it really necessary to involve a lawyer? However, the core issue in unpaid wage cases is not simply a comparison of fees. What matters is not how much you spend, but how the case is structured from the very beginning. This is where differences in professional expertise begin to surface clearly. Fee Structure for Labor Consultants in Unpaid Wage Cases Where Does the Labor Consultant’s Role End? In general, labor consultant fees in unpaid wage cases consist of an initial retainer and a success fee, which vary depending on the unpaid amount and the complexity of the case. Labor consultants primarily handle tasks such as filing complaints with the Labor Office, preparing documentation to calculate unpaid wages, and providing guidance on labor-related laws and regulations (Article 2 of the Certified Labor Consultant Act). Up to this stage, a labor consultant’s expertise is fully utilized. The problem arises after that point. When the employer denies liability, disputes employee status, or challenges specific wage components, the matter moves beyond a simple administrative procedure. If the case escalates to criminal complaints or civil litigation, it enters the exclusive domain of lawyers, and a labor consultant alone cannot provide representation (Supreme Court of Korea, January 13, 2022, Case No. 2015Do6329). From this stage onward, legal representation by a lawyer becomes essential. The Difference When Working With a Labor Law Attorney Who Is Also a Former Certified Labor Consultant When an unpaid wage case is handled by a labor law attorney who is also a former certified labor consultant, the approach differs from the outset, as they combine labor law expertise with litigation capability. From the wage calculation stage, the case is structured with potential litigation in mind, while administrative responses before the Labor Office and civil or criminal risks are considered simultaneously. This leads to fundamentally different outcomes compared to an approach focused solely on reducing labor consultant fees. In practice, a single sentence in a statement submitted during the complaint stage often becomes decisive evidence in later court proceedings. Similarly, the wording used in settlement agreements can completely determine whether additional claims remain possible in the future. Rather than separating the roles of labor consultants and lawyers, a unified approach from the beginning is often the most effective way to resolve the case efficiently. Decent’s Approach to Unpaid Wage Cases Decent’s dedicated labor team operates through direct collaboration with labor law attorneys who are former certified labor consultants. Labor Office proceedings, civil actions, and criminal procedures are not treated as separate tracks but are designed as one integrated process. Many individuals begin by focusing solely on labor consultant fees, only to find themselves seeking a lawyer later after the case has escalated. To reduce such trial and error, we assess from the earliest stage how far the case is likely to progress. Unpaid wages are not issues that end with a simple complaint. Recovery rates and processing speed vary significantly depending on how the strategy is set, and establishing the right direction from the start is ultimately the most practical solution.
2026-01-13 Naver Blog
