The Korean Law Blog | Dowoo Hwasan

  Labor and Employment Law in South Korea Platform Workers Can Qualify for Workers’ Compensation in South Korea!   Making Workers’ Compensation Claims, Labor Law Attorney, Labor and Employment Attorney in South Korea | Dowoo Hwasan Attorneys & Counselors, Labor and Employment Team | In this posting, as the 1 st story of 3-story series on ‘Miracle Workers’ Compensation’, we will examine how platform workers can qualify for workers’ compensation. Miracle Workers’ Compensation Part 1 “Platform workers can still qualify for workers’ compensation” Definition and Phenomenon of Platform Worker ​ With the development of information and communication technology, platform working is spreading where labor is exchanged on an online platform as diverse ways of working emerge.   Platform labor is a non-legal term. As a term that refers to working based on a digital platform, the Korea Employment Information Service defines it as a type of work where people fi

  Unfair Dismissal, Labor Law attorney, Labor and Employment Attorney | Dowoo Hwasan Attorneys & Counselors, Labor and Employment Team | English-speaking Attorneys in South Korea Today, we will discuss the justifiability of disciplinary actions in relation to cases of unfair dismissal from employers.   Disciplinary action is a type of sanction that is unilaterally performed by the employer in a position of superiority against the employee who violated the corporate order. Thus, it is necessary to impose certain restrictions on disciplinary actions to protect workers according to applicable laws and regulations including the Labor Standards Act or employment rules, etc. Disciplinary action is a disadvantage imposed upon an employee who disturbs the workplace order and violates service rules, and under Article 23 of the Labor Standards Act, an employer cannot without justifiable cause, dismiss, lay off, suspend, or transfer an employee, reduce his/her wages, or take other p

Responding to Unfair Transactions, Act on Fair Transactions in Large Retail Business, Request for Management Information | Dowoo Hwasan Attorneys & Counselors, Fair Trade Team | ​ ​ Act on Fair Transactions in Large Retail Business, Article 14 (Prohibition of Request for Management Information) (1) A large retail business entity shall not unduly request a supplier, etc. to provide any of the following information: 1.   Information concerning the supply terms (including supply price) for the goods which suppliers supply to other business entities; 2.   Information concerning the lease terms (including rental rate) to open a sales floor in other business entities' stores; 3.    Other management information prescribed by Presidential Decree that is equivalent to the information described in subparagraphs 1 and 2, relating to the supplier, etc. or transaction partners of the supplier, etc. (2)   Where a large retail business entity requests a supplier, etc. for mana

  International Distribution , Franchise and Dealership Franchise Attorney: Franchisors’ Duty to Register and Provide Information Disclosure Statements   Franchise Business Act, Fair Trade Team, Distribution Attorney, Franchise Attorney in South Korea | Dowoo Hwasan Attorneys & Counselors | ​ ​​ Today, we will look into the registration of the Information Disclosure Statement. Information Disclosure Statement is a disclosure statement is a crucial tool for franchise business, containing the opportunity to promote the company. Information Disclosure Statement must be prepared by experts in franchise business rather than by a person with superficial and non-legal knowledge. Also, franchisors are required to update it every year. In practice, even when registering Information Disclosure Statement or receiving franchise fee-like money by distributing similar documents without registering Information Disclosure Statement, many often fail to do change registration afterward. Do

  The standard for acknowledging the validity of non-compete agreement and cases Labor Dispute, Labor Law Attorney, Non-Compete Agreement | Dowoo Hwasan Attorneys & Counselors, Labor and Employment Team in South Korea | English-speaking Attorneys in South Korea   Today, we will examine whether a non-compete agreement applies as is to an employee who made the agreement even after the person’s involuntary dismissal due to COVID-19.   Involuntary dismissals have increased due to causes of advised resignation and corporate restructuring as the long-term economic downturn continues in the aftermath of COVID-19. As such, employees may become involved in the violation of a non-compete agreement in transferring to another company or establishing a business of one’s own. Non-compete agreements may limit the freedom of workers to choose an occupation. Thus, it has been a controversial issue whether a non-compete agreement that restricts the freedom of employment at a competitor a

  Franchise Litigation, Termination of Franchise Agreement, Fair Trade Team | Dowoo Hwasan Attorneys & Counselors | ​ The Corporate Legal Team of Dowoo Hwasan Attorneys & Counselors resolves cases by deploying a specialized team led by an attorney with Korea and the U.S. franchise experiences, and it is our principle to resolve cases with attorneys who are former judges and public officials, attorneys who passed the judicial examination of Korea with big law experiences overseas, and U.S. attorneys well-versed in the global distribution business.   ​ In this posting, we will discuss the limitations of terminating franchise agreements. Many franchisees often get terminated from their franchise agreements unexpectedly by their franchisors. That is why the Fair Transactions in Franchise Business Act (“Franchise Act”) prescribes to allow franchisors to terminate franchise agreements only when they satisfy certain steps, thereby protecting franchisees against franchisors’ un