| Diagnosis |
Printing Specialist Worker |
| Case Overview |
The client died while transporting a printing machine at work. |
| Special Circumstances |
The client was a Chinese national. The employer refused to pay the severance, leading the family to file a lawsuit with Ma-Jung’s assistance. |
| Case Handlers |
Lead Attorney Yongjun Kim, Deputy Chief Attorney Juhyeong Kim |
| Outcome |
Victory in the severance lawsuit, with approximately 13 million KRW awarded. |
1. Client Situation and Facts
The deceased, a Chinese national, worked at a printing specialist company in Seoul. He tragically died in an accident while transporting a printing machine. The surviving family, including his mother, wife, and son, were left in shock and uncertainty about their future. They discovered that he was entitled to severance pay due to his over one-year employment. Although the labor office ordered the employer to pay approximately 12 million KRW, the employer did not comply, leading to the family's decision to file a lawsuit with Ma-Jung.
2. Case Issues and Resolution Process
1) Rebuttal of the Employer’s Claims
Despite the labor office’s order and referral to the prosecution, the employer claimed that the severance had been paid in installments prior to the client's death. Ma-Jung’s thorough investigation revealed no objective evidence to support this claim. Knowing the importance of objective evidence in lawsuits, Ma-Jung ensured that the lack of supporting evidence from the employer provided a favorable position for the family.
2) Rebuttal to the Court’s Clarification Order
During the lawsuit, the court questioned whether the inheritance should be determined under Chinese law due to the client’s nationality. Ma-Jung saw this as an opportunity to strengthen their case.
Ma-Jung acknowledged that, under Article 49, Paragraph 1 of the International Private Law, inheritance should follow Chinese law. However, according to Chinese international law, the law of the deceased’s residence at the time of death applies. This meant that, as specified in Article 9, Paragraph 1 of the International Private Law, while Chinese law was the governing law, Korean law should apply to the inheritance. Ma-Jung’s extensive legal experience was instrumental in arguing this point effectively.
Ma-Jung clarified that there was no need to change the purpose of the claim and urged the court to proceed swiftly.
3. Case Outcome and Client Benefit
The court accepted Ma-Jung’s arguments,
ordering the employer to pay the family approximately 13 million KRW in severance. Although the employer proposed a lump-sum payment of 13 million KRW, citing inability to pay the full amount, the family accepted this offer, receiving the payment without further legal procedures.
4. Significance of the Judgment (Explanation of the Disposition)
This case highlights the rights of foreign workers in Korea to receive severance pay according to international law. Many foreign workers in Korea face unjust treatment, especially in cases of workplace accidents. The victory in this case sets a significant precedent, showing that foreign workers are entitled to fair treatment and compensation.
“He was such a kind person. How can we fathom the pain of a mother who has lost her child?”
— Lead Attorney after speaking with the deceased’s mother.
If you face similar unjust treatment regarding severance pay or other issues, seek assistance from Ma-Jung.
We extend our heartfelt thanks to the family for trusting Ma-Jung during their time of loss.
