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Labor & HR

Atlas Legal provides labor legal services for both employees and employers across the Incheon-Gyeonggi region — covering unfair dismissal, unpaid wages, workplace harassment, collective bargaining, and redundancy. Our track record includes successful unfair dismissal relief proceedings before the Labor Relations Commission resulting in reinstatement and back pay, and full recovery of unpaid wages and severance through Ministry of Employment and Labor complaints and civil litigation.

Having represented both employers and employees, we anticipate the other side’s strategy at the outset. In cases involving potential criminal liability — such as unpaid wages and industrial accidents — the Managing Partner’s background as a former prosecutor allows us to coordinate criminal, civil, and administrative proceedings as an integrated response.

We have handled a concentrated caseload before the Incheon Regional Labor Relations Commission and are well-versed in local practice. For small and medium-sized enterprises (SMEs) in the Incheon-Gyeonggi area without dedicated HR staff, we also provide work rules drafting, employment contract standardization, and annual labor advisory services.

Services

Unfair Dismissal Relief

Review of grounds and procedural validity of dismissal, Labor Relations Commission relief application (within three months of dismissal), dismissal nullification litigation and back pay claims

Wage & Severance Claims

Ministry of Employment and Labor complaints, civil litigation, and criminal complaints (up to three years imprisonment or KRW 30 million fine) for unpaid wages, severance, and annual leave allowances

Workplace Harassment & Sexual Harassment

Supporting victim protection measures, advising on disciplinary action against the perpetrator, compliance consulting on the employer’s investigation obligation under Labor Standards Act Article 76-3, and filing Ministry of Employment and Labor complaints

Collective Bargaining & Labor Relations

Collective agreement advisory, industrial action response, unfair labor practice relief applications (up to two years imprisonment or KRW 20 million fine), and labor-management dispute prevention

HR Compliance

Work rules and employment contract drafting and review, consent procedure for disadvantageous work rule amendments (Labor Standards Act Article 94), redundancy requirements advisory, and review of disciplinary procedure legality

Industrial & Serious Accidents

Criminal defense for employers following industrial accidents, workers’ compensation claim support, Serious Accidents Punishment Act violation prevention advisory, and occupational health and safety system establishment

When You Need a Labor & HR Lawyer

  • You receive a dismissal notice: A relief application must be filed with the Regional Labor Relations Commission within three months of the date of dismissal. Missing this deadline severely limits available remedies.
  • Wages or severance go unpaid: A Ministry of Employment and Labor complaint and civil litigation can be pursued simultaneously. Criminal prosecution of the employer is also available.
  • Workplace harassment or sexual harassment occurs: The company must conduct a fact-finding investigation immediately upon receiving a report. Failure to do so carries a fine of up to KRW 5 million.
  • Redundancy (economically-motivated dismissal) is being considered: All four statutory requirements must be met — urgent managerial necessity, efforts to avoid dismissal, fair selection of affected employees, and a genuine consultation process.
  • Work rules are being amended to the disadvantage of employees: Consent of a majority of employees (or the trade union, if one exists) is mandatory. Amendments made without consent have no legal effect.
  • A serious accident or industrial accident occurs: Immediate incident response is needed alongside a review of whether the senior management’s obligations under the Serious Accidents Punishment Act have been met.

Representative Matters

Unfair Dismissal

Unfair dismissal litigation win — proved absence of valid grounds for dismissal and procedural defects in written notice, obtaining a judgment for reinstatement and back pay

Employment Status

Worker misclassification — litigated to establish that an “independent contractor” performing identical duties after leaving the company was in substance an employee under Korean labor law

Disciplinary

Disciplinary litigation and advisory — employer-side representation and advisory in disciplinary proceedings; advising companies preparing to discipline employees on proper procedure and appropriate disciplinary measures

Severance

Severance pay litigation — disputes over the quantum of severance payable to employees; handled cases representing both employees and employers

HR Compliance

Labor compliance system for an Incheon SME — revised work rules, standardized employment contracts, built a disciplinary procedure manual, and designed an annual labor audit program