Dismissal of Workers for Operational Emergency Declared Invalid under Korea Labor Standards Act.

Incheon District Court (2007 KaHap 4420) recently ruled that the dismissal of 5 workers for an “operational emergency” is in violation of the Labor Standards Act, since “In order for an employer to dismiss a worker due to operational reasons, there should be and emergency in operations. But defendant has maintained profit since 2000 and only had a loss in 2006.” The Court also noted that employer did not have debt and was sufficiently solvent. The employer was ordered to

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No American Law Firms in Korea – YET

The KOR-EU FTA passed and thus British law firms will be able to setup shop in Korea over a five-year three-stage phase-in period.  All of the leading British firms have begun building relationships with an eye to formal partnerships. KOR-US FTA, however, has stalled because of opposition of some prominent lawmakers in the liberal parties even though the two FTAs are very similar in scope. The following article is an interesting article on the intention of an American law firm in the

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Corporate Downsizing the Korean Way

Corporate Downsizing the Korean Way Appeared in the Korea Times on May 18, 2007Lex Pro Bono Column Dear Professor Sean Hayes, I am working for a company that has notified us that they will layoff around 25 workers. I heard that under the Korean Labor Law an employer cannot dismiss employees without just cause. Is this true and what can I do to protect my job? Worried in Yeouido. Dear Worried, the Korean Labor Law provides some protection from dismissal

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