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Sep 30, 2010

Commentary on Korean Labor Standards Act

Retired Presiding Judge Jin-Gyeong CHEONG's "Commentary on the Labor Standards Act" was published this week by Pak Younga Sa Publishing. Attorney Cheong, the head of the Labor Law Team at IPG Legal was an editor for the publication and contributed an article concerning remedies for unfair dismissal.

The publication contains three volumes and is the only commentary on the Labor Standards Act of Korea.  The publication may be found at most Korean law firms, libraries and book stores (ISBN 978-89-6454-604-8).

Attorney Cheong holds a doctors degree in Labor Law from Seoul National University and an LL.M. from Duke University.  He retired from his position as a judge after serving on the bench for over 20 years.   His last position with the Korean court system was as the presiding judge at the Seoul Central District Court of a court panel handling Medical Malpractice cases.  His research interests include Labor Law, Medical Malpractice and Litigation Techniques.  A practitioner's guide to medical malpractice cases shall be published next week in a leading legal journal.  His profile may be found  be HERE.


Sep 27, 2010

Survey on Labor Law Violations

In July of 2010, a survey was published by Jungbu Employment and Labor office. The office conducted a survery on 207 companies in Incheon that hired foreigners (non-Koreans), minors and the handicap. I assume they combined the three groups, since they are perceived as the most abused individuals by employers.

The report concluded that:

1. 196 of the 207 employers violated labor law (94.7%);
2. 83 breached a labor law clause requiring a written employment agreement (40%);
3. 66 breached a clause of the labor law requiring employees to pay retirement allowance, wage arrears, yearly and monthly allowances, within 14 days of resignation (31.9%);
4. 36 didn't pay all wages or yearly allowancess (17.39%);
5. 4 paid wages below the minimum wage of KRW 4,110 per hour.