Intro - Why? (2)
WHY KOREAN LABOR LAW?
First, primarily, standards of working conditions are determined by Acts based on guaranteeing human dignity. As such, the provisions of Article 32 of Korean Constitution on the rights on working conditions not only deems to create an environment to protect employees, but also enables Labor Standards Act("LSA") to structurally stand and take precedence over Civil Laws and Criminal Laws.
Second, employers and employees who agree on working conditions that do not meet the standards prescribed by laws, or the agreement that lies below the established standards, then the agreements on contents automatically becomes invalid. The invalid parts are subject to the minimum standard stipulated in the Korean labor laws(Article of LSA). In this sense, the principle of freedom of contract under civil law is limited. The situation in unaffected, even in the presence of collective bargaining agreement("CBA") or approved employee actions(Supreme Court Decision 92Da24509 Decided May 27, 1993, Supreme Court Decision 90DaKa24496 Decided December 21, 1990).
Third, irrespective of the governing law provisions of an employment contract, the employment contracts are governed by the laws of the country where the employee habitually provides his/her service. Effectively, even in cases where the parties agree on a different governing laws other than those of Korea, the protection endowed to the employee are still afforded according to the mandatory provision(ex. mandatory severance pay, substantial and procedural requirements of dismissals) of LSA. Employees cannot and shall not be deprived of these(Article 28 of the Act on Private International Law, Supreme Court Decision 2006Da53627 Decided December 7, 2006).
InterLEX has extensive experience in solving Labor & Employment legal matters, which our clients readily attest(elaborated Recent Engagements in our website www.interlex.co.kr). In additional to labor law, we also provide a vast array of corporate and litigation services. Our firm has been recognized amongst the best law firms in Labor & Employment practice in Korea, earning a spot in the 2021 League Table.
The In-house Counsel Forum also has nominated InterLEX in 2020 and 2021, as on of the most preferred law firms in Korea achieving a high level in client satisfaction.
This blog is intended to help educate companies and individuals who may be unfamiliar with the Korean legal system. We will continue to provide labor-related legal information on our website and blogs.
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