Case Type: Labor Office Complaint / Wage Dispute / Overtime Pay / Severance and Dismissal Allowance

Result: Case resolved through settlement within unpaid wage range / No additional overtime or dismissal allowance recognized

Case Details:

The client operated a small online shopping business with fewer than five employees. A former employee filed a complaint with the labor office alleging failure to provide a written employment contract, failure to issue wage statements, unpaid overtime wages, unpaid weekly holiday pay, unpaid weekend work allowances, and dismissal notice allowance.

The employee particularly claimed that more than 200 hours of overtime work had been performed and demanded a substantial amount of additional wages.

After reviewing the matter, it was confirmed that certain administrative issues, including the lack of a written employment contract and a portion of unpaid wages, did exist. The client acknowledged those issues and expressed willingness to promptly resolve the unpaid amount.

However, the overtime wage claim and dismissal allowance claim were disputed based on the actual work records and surrounding circumstances.

The employee submitted transportation card records and messaging history as evidence of overtime work. In response, the defense explained that such materials alone could not objectively establish actual overtime labor. On the other hand, the client submitted work hour notes, bank transfer records, and payroll history to demonstrate that wages had been properly paid according to the actual working schedule.

Regarding the dismissal allowance issue, the defense further argued that there had been no unilateral termination by the employer, but rather a disagreement arising during discussions about changes to the work arrangement. Relevant conversation records were also submitted to support this position.

Following the investigation process, the matter was ultimately resolved through settlement focused on the unpaid wage portion only, without separate recognition of the claimed overtime wages or dismissal allowance.

Case Inquiry: Attorney Kim Minhoo