пятница, 28 августа 2015 г.

Collection of Law Issues in Employment Disputes in Korea


Range of law/jurisdiction issue often arise in Korea when a contract chooses a law/jurisdiction for resolution of any dispute apart from Korea, internal conflicts within the agreement exist (yes this happens) or no pick of law/jurisdiction clause was chosen as well as the agreement appear to be better handled by a foreign court, or via the law of the foreign jurisdiction, due to, inter alia, the locale of witnesses along with the subject material in the agreement.

Collection of law/jurisdiction issues are governed in Korea mainly by Korea's Private International Act (KPIA). However, other acts often trump the KPIA, in any other case the courts use built-in "public policy" arguments to permit Korean law to trump the non-Korean chosen law.

By way of example, in the vast majority of employment law disputes, Korea courts have invalidated choice of legislation and jurisdiction clauses that note law and jurisdiction other than Korea.

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One example is, if the employer hiring someone for try to be done primarily in Korea places into an employment agreement, NY Law with resolution in the NY state court, the Korean courts will probably invalidate this clause and apply Korean law and apply the Korean law in the Korean court.

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Status of Interns Below the Korean Labor Standards Act: Employees Entitled to Severance/Minimum Wage?

"Ordinary Wages" Under Korean Labor Law Clarified by the Supreme Court: "Regular, Uniform & Flat" Definition

Korea Expands Concise explanation of Discriminatory Cure for Non-Regular Workers: Employment & Labor Law Update

Ordinary Wages as well as the Principle of proper Faith in Korea: Just how long when the principle be employed to Korean CBA?

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Sean could be contacted at: SeanHayes@ipglegal.com. Sean Hayes is co-chair from the Korea Practice Team at IPG Legal. He is the initial non-Korean attorney to obtain worked to the Korean court system (Constitutional Court of Korea) and one of the primary non-Koreans as a regular part of a Korean law faculty. They have, recently, been ranked as one of only two non-Korean attorneys to be a Top Attorney working in Korea by AsiaLaw.

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