Labor and Employment

Overview

Advisory

In Korea, management-labor relationship is vital to the success of any business. In this regard, Kim Chang Lee represents and advises clients across the entire spectrum of labor and employment matters, from compliance with Korean labor and employment laws and regulations to multi-dimensional labor issues that arise under various business transactions, including mergers, acquisitions, reorganization and downsizing.

Based on our extensive experience and expertise accumulated in this practice area throughout our history, we provide a comprehensive and tailored set of advisory services to our corporate clients on labor/employment matters related to individual employment relations, wage, collective labor relations and corporate transactions. In particular, our attorneys provide customized advisory on a broad spectrum of issues including assumption of employment relationships in the context of M&A transactions, layoffs, labor union-related matters such as collective bargaining and strikes, employment and HR rules, HR management, disputes involving hiring processes, severance, paid leaves, employee benefits, equity-based compensation arrangements, minimum wage, statutory allowances and disciplinary matters. In collective labor relations matters, our attorneys advise and represent clients in dealings with unions, negotiate collective bargaining agreements and handle grievances and arbitrations. In labor matters relating to corporate transactions, we provide advice on the employment aspects of transactions such as procedures for hiring and terminating employees, and negotiations of new collective bargaining agreements and work rules.

In the ever-changing labor and employment legal landscape in Korea which heavily affects businesses, our experienced professionals are capable of effectively assisting our clients in reaching their goals.

Litigation and Dispute Resolution

Kim Chang Lee litigates in trial and appellate courts on the full range of labor and employment law matters in civil and criminal cases. We represent and advise employers of all sizes in disputes involving labor and employment law issues, including employment or promotion discrimination claims, wrongful termination or discharge, compensation issues including minimum wage and statutory allowances, suspension and other disciplinary actions, and breach of employment contracts. We also have represented clients in administrative proceedings and arbitrations, where underlying issues relate to wage, work hour, and occupational safety and health.

Representative Cases

    • Advisory on:
    • Assumption of employment in various types of M&A transactions
    • Layoffs under corporate reorganizations
    • Labor union matters including collective bargaining and labor stoppage
    • Employment and HR rules and HR management
    • Dispatch of workers
    • Industrial accidents and representation in related civil and criminal cases
    • Representation in:
    • Lawsuits involving confirmation of employee status of collection agents, insurance agents, etc. (defense counsel)
    • Litigation involving non-renewal of fixed-term workers and related advisory (defense counsel)
    • Litigation involving hiring and reappointment of teachers and appeals hearings for teachers and related advisory
    • Disputes relating to disciplinary actions such as termination and suspension of employment and removal from office and related advisory; representation in litigation involving personnel appointments and representation before local and central labor committee hearings; representation in litigation seeking cancellation of the central labor committee’s decision
    • Litigation involving harassment at workplace and related advisory
    • Litigation involving survivor’s benefit and disability benefit
    • Litigation involving death from overwork
    • Litigation involving minimum wage of taxi drivers (defense counsel)
    • Litigation involving claims for severance pay, wage and statutory allowances (defense counsel)
    • Labor-related criminal matters such as unfair labor activity, violations of collective bargaining agreements and violations of the Labor Standards Act and the Occupation Safety and Health Act
    • Litigation involving infringement of trade secrets and breach of restrictive covenants