Expertise

Labor and Employment

Introduction

Introduction

The Labor and Employment practice at Shin & Kim, with extensive professional expertise and experience, has been nationally recognized for its outstanding services. Our Labor and Employment team provides a one-stop full service approach to addressing a wide range of labor and employment issues affecting clients, such as those relating to individual employment relations, collective labor-management relations (e.g., labor unions), corporate restructuring, labor audits, illegal dispatch of employees, industrial safety, protection of trade secrets, discrimination of temporary employees and performance management. Combining expertise, teamwork and an emphasis on client satisfaction, the professionals in our Labor and Employment team offer unparalleled level of services with a focus on finding optimal solutions for clients.
The Labor and Employment practice at Shin & Kim holds an industry recognized reputation for providing outstanding advice to a diverse range of clients, including global companies, domestic large businesses, public institutes, government agencies and small and medium-sized companies, and is recognized for its exceptional expertise in the labor and employment area. As a result, our Labor and Employment practice continuously receives the highest praise from well-known domestic and foreign independent evaluation institutes such as Chambers.

Key Services

Shin & Kim offers the services in the following areas in relation to Labor and Employment:

  • Individual employment relations, including employment agreements, layoffs, salary and personnel management
  • Corporate restructuring and manpower adjustment
  • Indirect and temporary employment, including illegal dispatch of employees
  • All stages of labor audits
  • Implementation and improvement of HR related rules and systems, including employment rules
  • Internal audits in regard to illegal activities and disciplinary procedures
  • Labor-management relations, including collective bargaining and collective agreements and measures to be taken in response to industrial actions
  • Compliance with labor and employment related laws and regulations, including laws relating to the prevention of sexual harassment and the protection of personal information
  • Prohibition of competitive businesses, protection of trade secrets and prevention of unfair competition
  • Civil, criminal and administrative lawsuits relating to employment relationships and cases in which Labor Relations Commission relief is requested 
  • All other legal issues relating to labor and employment 
Experiences
Corporate Restructuring and Manpower Adjustment
  • Company S, on manpower reduction and representation in related lawsuits, including a claim to confirm the invalidity of dismissal of employees
  • H Securities, on manpower restructuring and adjustment and representation in subsequent lawsuits
  • Foreign company, on phased manpower reduction following the company’s closure
  • Insurance Companies S and K, on effective manpower operation measures, including voluntary retirement and transfer of employees
  • Company K, Bank S, Company N and other major companies, on retirement of management
Indirect and Temporary Employment (including illegal dispatch of employees)
  • Company K, on internal subcontracting improvement measures and representation in related lawsuits
  • Company K, on confirmation of employee status filed by female crew members
  • Company S, on confirmation of employee status filed by dispatched employees
  • Cement Company D, on the measures to be taken to resolve illegal dispatch of employees issue by a subcontractor and representation in related lawsuits
Labor and Employment Issues in M&A transactions
  • Companies I and A, on labor and employment issues in asset transfer transactions
  • H Securities and K Securities, on post-merger operation and integration of HR systems
  • Steel Company H’s partner companies, in relation to the transfer of manpower
  • Companies H and D, on labor and employment issues in relation to the sale of the global business divisions
Labor Audits
  • Hotel S, Company C and other major companies, on labor audits
  • Company C, on a special labor audit
Improvement of HR related Rules and Systems (including employment rules)
  • Hotel H, on measures to be taken to reorganize the salary system and to improve management of temporary employees
  • Companies A and M, on the improvement of HR systems and related rules
  • Corporation H, on the extension of the retirement age and improvement of relevant systems
  • H Securities, on the improvement of the company’s HR system and related rules, including changes in job positions and performance based pay systems
  • M Securities and Company G, on the amendment of the companies’ HR systems and related rules in relation to the lay-off of low-performing employees
Internal Audits
  • Foreign Company G, on an investigation of illegal acts by its employees and related disciplinary procedures
  • Company G and Retailer G, on disciplinary procedures against an executive officer for committing illegal acts
  • Companies G, C and S (foreign), in the investigation of an executive officer’s illegal acts and in retirement negotiations
Labor-Management Relations
  • H Securities, in its negotiation for the amendment of a collective agreement and on an industrial action
  • Company S, on the labor union’s work-to-rule in relation to a merger
  • Appraisal Company H, on measures to be taken in response to a labor union strike
  • Company S, on a labor union industrial action in relation to the sale of the company
Prohibition of Competitive Businesses, Protection of Trade Secrets and Prevention of Unfair Competition
  • Company S, on the validity of a non-competition agreement of a retired executive officer
  • Japanese Company I, regarding agreements to restrain a competitive business
  • Company H, in the recruitment of employees from a competitor
  • Companies G and M, on change of employment in the companies’ competitors