The Korean Law Blog | Dowoo Hwasan

  Non-Payment of Legal Allowance: Duty to Pay Additional Wages under the Labor Standards Act of South Korea   Employment & Labor Law | English-speaking Korean Lawyers | Korean Corporate Lawyers | South Korea | Dowoo Hwasan Legal Allowance (Additional Wage) in Korea means overtime work allowance (extended work allowance), nighttime work allowance, and holiday work allowance. ​ Article 56 of the Labor Standards Act prescribes legal allowances. Article 56 aims to provide an economic and corresponding reward to workers because working overtime, nighttime, and holidays cause greater fatigue and anxiety to workers than during standard working hours while restricting the free time in their daily life. ​ Employers set the basic wage in concluding an employment contract with employees. Based on the contract, there are overtime, nighttime, and holiday work according to the actual working hours. Also, the principle is to calculate and pay corresponding legal allowances such

  COVID-19 Layoffs—Have the 4 requirements been met?   Employment & Labor Law | English-speaking Korean Lawyers | Korean Corporate Lawyers | South Korea | Dowoo Hwasan ​COVID-19 has completely changed people’s daily lives, while corporations greatly shrinking economic activities. Despite the efforts to overcome the crisis faced and leap forward, it is a significantly difficult endeavor.   The media reported that Eastar Jet, whose M&A recently pursued with Jeju Air has been flopped, plans to layoff about 600 employees on October 14 th . In addition, albeit the lack of accurate statistics, many are reducing the number of workers or even closing businesses due to deteriorating business conditions caused by COVID-19.    ​ ​The survey results released by the Outsourcing Times on September 22 nd showed that almost half of the respondents (49.3%) answered that the employment situation will deteriorate in response to the question, ‘How do you expect the employment rela

  Criteria for determining an employee—Let’s find out with Korean labor law precedents.   The Qualification as “Employee” | Employment & Labor Law | English-speaking Korean Lawyers | Korean Corporate Lawyers | South Korea | Dowoo Hwasan ​ ​Criteria for determining an employee & employer subordination has changed from the 2006 decision by the Supreme Court ​ In the Supreme Court decision in 2006 (Supreme Court 2006. 12. 7. Decision 2004DA29736), the issue was whether a person can be a “employee” and the Court found as follows: Determining a employee as a “employee” under the Labor Standards Act shall be based on whether the employee has provided the work to an employer under a subordinate relationship to an employer at the business or workplace for the purpose of earning wages, instead of based on whether a contract form is an employment contract or a contract for services. Here, the existence of a subordinate relationship shall be determined by comprehensively consi

  Dowoo Hwasan’s fair trade specialized attorneys respond to violations of the Act on Fair Transactions in Large Retail Business in South Korea   Distribution and Franchise in South Korea | The Best Law Firm for General Corporate Law in South Korea | Dowoo Hwasan | www.dowoolaw.com Article 6, Act on Fair Transactions in Large Retail Business (Delivery and Preservation of Documents) ​ 1)   Immediately after entering into a contract with a supplier, etc., a large retail business entity shall give to the supplier, etc. documents in which the transaction type, and other matters prescribed by Presidential Decree are specified (such documents including electronic documents under subparagraph 1 of Article 2 of the Framework Act on Electronic Transactions; hereafter in this Act the same shall apply). (2) Each of the large retail business entity, the supplier, etc. shall put his/her signature (including certified electronic signatures defined in subparagraph 3 of Article 2 of the D