The Korean Law Blog | Dowoo Hwasan

  Labor and Employment | South Korea What is the difference between dismissal invalidity confirmation lawsuit and unfair dismissal remedy application in South Korea?   Dismissal Invalidity Confirmation Lawsuit, Labor Law Attorney, Labor and Employment Attorney | Dowoo Hwasan Attorneys & Counselors, Labor and Employment Team | Hokeun (“Hogan”) Yoon, Esq. In this posting, we will look into the lawsuit to confirm the invalidity of dismissal. Disciplinary action is a type of sanction imposed on a worker’s violation of corporate order by an employer. Dismissal, in general, is the harshest penalty among types of disciplinary actions (especially for private enterprises). Thus, notifying a worker of dismissal without a justifiable reason violates Article 23(1) of the Labor Standards Act, requiring the employer to assert and prove the justifiable reason. What is the difference between an unfair dismissal remedy application and a dismissal invalidity confirmation lawsuit

  International Trade and Distribution | South Korea   Cases Related to Encroachment by Franchisors in South Korea Franchisor’s Encroachment, Fair Trade Team, Franchise Attorney | Dowoo Hwasan Attorneys & Counselors | Hoekun (“Hogan”) Yoon, Esq. ​ ​ Today, we will examine unfair encroachment of sales areas by franchisors. If a franchisor establishes a direct retail store or a new franchise store within a few hundred meters from an existing franchisee’s store, it is an encroachment of the business rights of the franchisee and is prohibited under the Franchise Business Act. Encroachment of Business Rights by the Franchisor? Unfair encroachment of sales areas is prohibited! ​ Article 12-4 (Prohibition of Unfair Violation of Sales Territories) (1)   A franchiser shall designate a sales territory for a franchisee and mention such sales territory in a franchise agreement when it enters into the franchise agreement with the franchisee. (2)   Where a franch

  Corporate Litigation Attorney Cases Concerning Demand for Unfair Sales Incentives by Large Retail Business Entities | Korea   Demand for Unfair Sales Incentive, Fair Trade Team, Retail Business Attorney | Dowoo Hwasan Attorneys & Counselors | English-Speaking Lawyers in Korea   Dowoo Hwasan Attorneys & Counselors, Corporate Litigation Attorney ​Prohibition on Unfair Demand for Sales Incentives by Large Retail Business Entities ACT ON FAIR TRANSACTIONS IN LARGE RETAIL BUSINESS | South Korea Article 15 (Prohibition on Request for Economic Profits)    (1) A large retail business entity shall not have a supplier, etc., provide money, articles, services, or other economic profits to him/her or a third party without justifiable reasons. (2) Notwithstanding the provisions of paragraph (1), a large retail business entity may agree with a supplier on the details of an annual basic contract, including the purpose of payi