| Occupation |
Worker at a Coating Specialist Company |
| Case Overview |
The client died in an accident involving a printing press while performing duties related to transporting the machine. The employer refused to pay the severance, leading the family to file a lawsuit. |
| Special Circumstances |
The deceased was a foreign worker of Chinese nationality. |
| Outcome |
Won the severance lawsuit, resulting in a lump-sum payment of approximately 14 million KRW. |
1. Client Situation and Facts
The deceased was a foreign worker from China employed at a coating specialist company in Seoul. On the day of the accident, while transporting a printing press, he was tragically crushed by the machine and lost his life. His wife and son, left behind in deep grief, were also unsure how to sustain their livelihood.
Upon discovering that the deceased had worked for over a year and was entitled to severance pay, the family filed a petition with the labor office. The labor office ordered the employer to pay about 12 million KRW in severance, but the employer failed to comply.
The labor office eventually referred the employer for prosecution, but even then, the severance was not paid. This led the family to seek assistance from Ma-Jung.
2. Case Issues and Resolution Process
1) Rebuttal of the Employer’s Claims
Despite the labor office’s referral for prosecution, the employer claimed that severance had been paid in installments before the deceased’s death, negating any further payment obligation.
However, Ma-Jung’s thorough investigation found no objective evidence to support the employer's claims. Objective evidence is crucial in lawsuits, and Ma-Jung’s dedication to securing such evidence allowed us to gain a favorable position.
2) Rebuttal to the Court’s Order for Clarification
During the lawsuit, the court issued a clarification order, questioning whether the inheritance should be governed by Chinese law due to the deceased’s nationality.
A clarification order requests more detailed statements about the facts of the case. Given the employer’s stubborn stance and the unique situation of the deceased being Chinese, Ma-Jung used this as an opportunity to strengthen our position.
We acknowledged that inheritance issues should be determined under Chinese law based on Article 49, Paragraph 1 of the International Private Law. However, according to Chinese international law, the law of the deceased’s residence at the time of death applies.
Ultimately, as per Article 9, Paragraph 1 of the International Private Law, Chinese law directed that Korean law be applied, thus justifying the use of Korean law for inheritance. This strategic use of our accumulated legal experience proved successful.
We further clarified that there was no need to change the claim’s purpose and urged the court to proceed swiftly.
3. Case Outcome and Client Benefit
The court accepted Ma-Jung’s arguments and ordered the employer to pay the family about
12 million KRW in severance. Facing the court’s decision, the employer retracted their claims and proposed a lump-sum payment of approximately 14 million KRW to the family.
Although the court’s ruling included an annual 20% interest rate on the severance, the employer opted to pay the amount in full upfront due to their inability to comply with the payment plan. The family accepted this offer, thus receiving the severance without additional legal procedures.
4. Significance of the Judgment (Social Significance)
This case, involving a foreign worker’s rightful claim to severance after a prolonged lawsuit, holds significant implications for foreign workers. Many foreign workers in South Korea face similar challenges, with numerous cases of foreign workers tragically losing their lives to workplace accidents annually. Despite this, some families still face unjust treatment, being denied industrial accident survivor benefits or severance pay.
This case clearly demonstrates that foreign workers are entitled to severance under international law. If there is unjust treatment related to industrial accident claims or severance pay, immediate assistance from Ma-Jung is recommended.
Lastly, we extend our gratitude to the family for trusting Ma-Jung during their time of profound loss.
