English-speaking labor lawyers Archives

The courts of the Republic of Korea, for years, has struggled to find a consistent interpretation of an “Ordinary Wage.” The definition of Ordinary Wage, under Korean Law, was clarified by the Korean Supreme Court in two decisions handed down on December 18, 2013. The calculation of Ordinary Wages is important, since it is utilized to calculate statutory entitlements, and thus has an impact on the aggregate amount of contributions necessary to be paid to employees. For example, according to Article 56 of the Korean Labor Standards Act, an employer must pay 50% of the Ordinary Wage plus the Ordinary Wage for overtime, night and weekend work performed by the employee. Because of the potential for a large unknown future liability, this issue became the most significant issue, in the last few years, among domestic and foreign employers in labor and employment law in Korea. The basic Korean test is

In most cases involving employment issues concerning foreign language teachers and hagwons (not company executives), Korean labor lawyers may not be a cost-effective means of handling your dispute. Often a Nomusa (노무사) is an adequate means to resolve the dispute with your employer. A Nomusa is, however, often not adequate for high-net worth individuals, company executives and for complex cases. These type matters, often, should be filed to a court or shall be, likely, appealed from a Korean Labor Board to a court. A Nomusa may not handle cases in Korean Courts. Additionally, often the skills and experience of Korean lawyers are essential in the more complex, unique and many cases concerning foreigners. Simple, a Nomusa is a licensed labor professional (not a “Labor Lawyer”). These individuals, often, market themselves as Korean Labor Attorneys, however, this title is not an accurate title for these individuals. A Nomusa is not an