金東昱
Partner概要
Mr. Dong-Wook Kim is a partner at Shin & Kim, and his main practice areas include consulting, advisory and litigation related to human resources and labor relations.
Prior to joining Shin & Kim in 2014, Mr. Dong-wook Kim was an expert in labor law and labor-management relations who oversaw litigation at the National Labor Relations Commission and was in charge of labor-management relations legislation at the Ministry of Employment and Labor. He is known as the ‘brain of employment and labor policy’ and is highly regarded for his deep understanding of government policy-making and implementation. He represented in various labor lawsuits on behalf of major Korean companies and has been recognized for his outstanding expertise in collective labor-management relations and industrial safety issues. In addition to his litigation practice, he provided comprehensive consulting on various types of issues arising from labor-management relations and leads the diagnosis of current status of companies and establishing a compliance system as the head of the recently launched “Shin & Kim Industrial Accidents & Safety Team”.
Mr. Kim previously served as adjunct professor at Korea University School of Law and advisory counsel for the Ministry of Employment and Labor, and is renowned for his outstanding lectures and writing. We received the Seoktap Teaching Award in 2017 and the Anam Lecture Award in 2018 and 2024, and the Best Paper Award from the Korea Labor and Employment Relations Association in 2017 for his paper titled “Measures to Improve the Systematic Status and Legality of Workplace Labor Supervision.”
関連業務内容
経歴
- 2023-2025Adjunct Professor, Korea University School of Law
- 2016-2019Advisory Counsel, Ministry of Employment and Labor
- 2015-2019Adjunct Professor, Korea University School of Law
- 2014-PresentShin & Kim LLC
- 2012-2014Deputy Director, Ministry of Employment and Labor
- 2011-2012Deputy Manager, Ministry of Employment and Labor
- 2007-2011Attorney in comprehensive charge of litigation and analysis of judicial precedents, National Labor Relations Commission
- 2007Judicial Research & Training Institute, Supreme Court of Korea
- 2000Kookmin Bank
主な実績
- Represented a large Korean company during investigations and trials related to unfair labor practices
- Advised a large Korean company involved in litigation in connection with collective labor-management relations
- Advised on labor laws regarding the closure of a chemical company’s domestic factory and relocation to a foreign country
- Advised on and won litigation related to the layoff of a textile company
- Responded to the investigation into a suffocation death accident that occurred at a telecommunications company data center (judgment of acquittal)
- Advised on the establishment of a lawful subcontracting system through the inspection of subcontracts at a semiconductor company site
- Advised on the establishment of a lawful subcontracting system through the inspection of subcontracts at an automobile company’s business site
- Represented and won a case of an application for division of bargaining units filed by a public institution on behalf of a public corporation
- Represented and won a case filed by a trade union on behalf of a public institution to cancel a decision to review essential works
- Represented clients in achieving a victory in a case seeking confirmation of the employee status filed by employees of a subcontractor on behalf of an automobile company
- Represented a company in a case where an employee who was dismissed for sexual harassment claimed unfair dismissal, and won on behalf of the company
- Represented a semiconductor company in an ordinary wage case filed against the company and won on their behalf
- Represented the ministries in a discrimination lawsuit filed by workers who were converted from non-regular workers to regular workers in the public sector, and won the case
- Advised on the response to the supervision of a construction company by the Ministry of Employment and Labor
- Advised on internal investigations on workplace harassment reports at a financial company
- Represented a client in obtaining a judgment of dismissal of arrest warrant for a suspect in a case requesting an arrest warrant related to a fatal accident caused by Typhoon Hinnamnor
- Represented clients in an investigation into a fatal accident that occurred in a logistics center (judgment of acquittal)
- Represented clients in an investigation into a fatal accident that occurred at a construction site (judgment of acquittal)
- Handled a case of applying for protection measures for a whistleblower who filed a report to the Anti-Corruption & Civil Rights Commission on behalf of a pharmaceutical company (judgment of acquittal)
- Advised a power generation company on disciplining a worker who leaked trade secrets and won a lawsuit brought by the worker on behalf of the company
- Represented clients in achieving a victory in a case to cancel a fine imposed under the Occupational Safety and Health Act for an occupational safety accident at a subsidiary’s workplace which was deemed attributable to a parent company, and won the case on behalf of the parent company
- Won a case of applying for correction of a breach of the duty of fair representation brought against a company and its bargaining representatives on behalf of the company
- Represented a financial company and won a lawsuit filed by its employees alleging that the company’s wage peak system was invalid
学歴
- 2011-2024Korea University Graduate School of Law (Ph.D.)
- 1998-2000Korea University Graduate School of Law (LL.M.)
- 1990-1997Korea University College of Law (LL.B.)
資格
- 2007Admitted to bar, Korea
言語
Korean, English
主な活動
1. Academic publications (registered publications, candidate publications for registration)
- A study on the Object of Duties to Secure Safety and Health (No. 40), Society of Labor Law Theory and Profession
- A Study on the Re-establishment of the Wage Judgment Structure of Management Performance Bonuses, Labor Law Forum (No. 39), Society of Labor Law Theory and Profession (co-authored)
- Employer’s Duty to Investigate and Prove Workplace Harassment, Law Research (Chapter 34, No. 2), Chungnam National University Law Research Institute (co-authored)
- Systematic Status of Workplace Labor Supervision and Measures to Enhance Legality, Industrial Relations Research (Chapter 27, No. 4), Korean Society of Employment and Labor Relations (Excellent Paper Award)
- Theory on Governing Law Decisions on International Labor Relations, Labor Law Forum (Theory on Governing Law Decisions on International Labor Relations, Labor Law Forum (No. 21), Labor Law Theory Working Society . 21), Society of Labor Law Theory and Profession
- Legal Issues in the Labor Relations Commission's Decision-Making Process on the Unification of Bargaining Window, Labor Law Forum (No. 8), Society of Labor Law Theory and Profession
- Recent Labor Dispute Practical Issues and Flows: Labor Law (No. 35), Korean Society of Labor Law
- Jurisprudence on the Correction of Discrimination in light of the Court’s Judgment, Labor Law Forum (No. 3), Society of Labor Law Theory and Profession
2. Commentaries on judicial precedents
- Whether it is necessary to have procedures of notification of the demand for bargaining in the workplace with a single labor union (June 2014), Korea Labor Institute
- Bargaining units and parties, Monthly Labor Review (May 2013), Korea Labor Institute
- Requirements for the establishment of lockout (2013, No. 48)
- Meaning of ‘falsehood and other unfair methods’ as a requirement for the establishment of an unfair act under the 『Act on the Development of Workplace Skills of Workers』, Labor Law (2013, No. 47)
- Whether the dismissal of a worker with the application of the quorum for resolution under amended employment rules to the reason for discipline prior to the relevant amendment is justifiable, Labor Law (2013, No. 45)
- Procedural justification of natural retirement where the reason for natural retirement is not the same as that for discipline and there is no provision on the procedure of natural retirement, Labor Law (2013, No. 45)
- Status of the supplementary participant for the defendant in revocation litigation of review decisions, Labor Law (2012, No. 44)
- Degree of notice of reasons for dismissal and whether the defect of a lack of written notice is cured, Labor Law (2012, No. 42)
- Meaning and timing of existence of the treatment under the Act on the Protection, etc. of Fixed-Term and Part-Time Workers, Labor Law (2012, No. 42)
3. Labor Law Inside (Korea Economic Daily)
- Three misconceptions about ordinary wage rulings. (Jan. 2, 2025)
- Written overtime pay for hospital night duty? Supreme Court says... (Dec. 19, 2024)
- Controversy over Commercial Act amendments. Is a large raise for employees a breach of trust? (Dec. 5, 2024)
- The tolerance threshold for “picketing” to join strike. (Nov. 21, 2024)
- Reasons why “employer’s intent” is necessary to determine unfair labor practices. (Nov. 7, 2024)
- Are celebrities and professional baseball players victims of workplace harassment? (Oct. 24, 2024)
- Average wages must be higher than ordinary wages? (Oct. 10, 2024)
- Is outsourcing janitors, security, drivers illegal? (Sep. 24, 2024)
- "This law ... applies to the business or workplace..." What does it mean? (Sep. 3, 2024)
- Crackdown on comprehensive wage system? “First define ‘working hours’ please.” (Aug. 20, 2024)
- Tada Driver is an employee... Supreme Court sets forth 'Special Standards for Determination' (Jul. 30, 2024)
- Will our company’s wage peak system be accepted by the court? (Jul. 16, 2024)
- Unifying bargaining window found 'constitutional'... "prime contractor’s bargaining obligation denied." (Jul. 2, 2024)
- Harassment cases that are also distressing to labor inspectors... Labor Relations Commission must take charge. (Jun. 18, 2024)
- Are front line managers of the prime contractor the employer of the subcontractor? (Jun. 4, 2024) Labor Court jumps in again... Is it really necessary? (May 21, 2024)
- Can the HR take immediate action against an objectively low-performing employee? (May 7, 2024)
- Can CCTVs be installed in companies without consent from employees? (Apr. 23, 2024)
- Labor pledges after the general election of the “opposition majority.” (Apr. 9, 2024)
- “Continuity, repetition required in order to constitute workplace harassment” (Mar. 26, 2024)
- "Illegal? The recorder was just on all the time" (Mar. 12, 2024)
- Forging documents does not get you fired? (Feb. 27, 2024)
- Playtime at your office building’s first floor coffeeshop with a friend dropping by... "all included in your working hours?" (Feb. 13, 2024)
- How to prevent ‘retiree lawsuits’ over deferred performance bonuses at financial companies... (Jan. 30, 2024)
- RS preferred over stock options? ... A few ‘checkpoints’ (Jan. 16, 2024)
- Coming soon: Will the Supreme Court overturn the 2013 ordinary wage decision? (Jan. 2, 2024)
- Are welfare points earned income? Recoup your income tax withholdings. (Dec. 19, 2023).
- "Work on a holiday, take a day off on a workday"... What about holiday pay? (Dec. 5, 2023)
- "Using this year’s unused paid-leaves next year"... Urging employees to take paid leaves, until when? (Nov. 21, 2023)
- Deep dive into “No CSO” cases of Serious Accident rulings... (Nov. 7, 2023).
- Ex officio leave order: 4 reminders for the HR Team!! (Oct. 24, 2023)
- “Workplace harassment cases... Leave it up to the Labor Relations Commission” (Oct. 10, 2023)
- Employee refuses to sign salary contract... Is a one-sided salary notice valid? (Sep. 26, 2023)
- Punished if you lie at the Labor Relations Commission's interrogation meeting? (Sep. 12, 2023)
- How to recoup wages paid by mistake... (Aug. 29, 2023)
- Abandonment of mediation due to insufficient negotiation? Labor action must be the last resort. (Aug. 15, 2023).
- “Bargaining union does not represent our interest,” Union of unlimited-period contract workers request bargaining group separation. (Jul. 25, 2023)
- Illegal use/embezzlement of corporate cards... How much is fit for dismissal? (Jul. 11, 2023).
- Supreme Court switches exception to principle, and principle to exception. (Jun. 27, 2023).
- "Do not discriminate working conditions with regular workers "... Why unlimited-period contract workers lose in lawsuits. (Jun. 19, 2023)
- ‘Rabbit’ issued, ‘Turtle’ released... Sense of balance required for work stop orders. (Jun. 13, 2023).
- "Do not discriminate working conditions with regular workers "... Why unlimited-period contract workers lose in lawsuits. (May 30, 2023)
- Theory of rationality in light of social norms discarded... Why the Supreme Court Decision was void of justice. (May 16, 2023)
- Confession and agreement leads to detainment in court... (May 2, 2023)
- Is the Group Chairman the person in charge of management under the Serious Accidents Punishment Act? (Apr. 18, 2023)
- Can platform employee payments be seized and set-off? (Apr. 4, 2023)
- Lessons learned from the drama of the evolving wage peak system judgment, Act 1, Chapter 3. (Mar. 21, 2023)
- A time travelers’ visit to the future of the Yellow Envelope Act implementation... (Mar. 7, 2023)
- First Anniversary of the Serious Accidents Punishment Act... Unending controversy over ‘Management Officer, etc.’ (Feb. 14, 2023)
- Workplace Harassment Incident! Consequences of following the Ministry of Employment’s manual... (Jan. 31, 2023)
- National Labor Relations Commission rules that the three labor rights are “divided rights”: Half correct, half wrong. (Jan. 10, 2023).
- Dismissal of entire department staffs due to sharp drop in sales?... Precautions for dismissals. (Dec. 27, 2022)
- Inundating lawsuits over wage peak system invalidation... ‘Keypoints’ in determining validity. (Dec. 13, 2022)
- Transfers between affiliates: OOO are subject to the Temporary Agency Workers Act. (Nov. 29, 2022).
- “Employment requirements for regular bonus payment are valid.” (Nov. 15, 2022)
- Is performance-based pay a compensation for work? (Nov. 1, 2022)
- Why the Yellow Envelope Act is “unconstitutional.” (Oct. 18, 2022)
- Labor law that applies to outsourced Saudi employees: Saudi law? Korean Law? (Oct. 4, 2022)
- Will the Serious Accidents Punishment Act apply to golf course visitors’ fatalities? (Sep. 20, 2022)
- "The scope of workplace for which the prime contractor is responsible for industrial accidents..." Looking at the first court decision. (Sep. 6, 2022)
- No loss of wages for full-time union officials? How to prevent time-off wage disputes. (Aug. 23, 2022)
- "Disciplinary decision issued without an opportunity to explain is invalid." (Aug. 22, 2022).
- Supreme Court should rather prohibit manufacturing subcontracts. (Aug. 9, 2022).
- What happens if a disciplinary decision was issued without giving the person subject to the disciplinary action an opportunity to explain? (Jul. 19, 2022)
- Prime contractor responsible for safety of subcontract workers working at the prime contractor’s office... What is the standard for the prime contractor’s office? (Jun. 21, 2022)
- Supreme Court judgment on the wage peak system... What Wage Peak Businesses Should Do Right Now!! (Jun. 7, 2022)
- Expired unfair labor practices punished by business obstruction? (May 24, 2022)
- Construction Project Owner vs Contractor... Fate-determining criteria of punishment under the Serious Accidents Punishment Act (May 10, 2022)
- Beware of abuse of principle of equal pay for equal-value work. (Apr. 26, 2022)
- Supreme Court judgment imposes “duty of neutrality in addition to duty of impartial representation.” (Apr. 12, 2022)
- Exercise of personnel rights in the midst of restructuring... How to prevent labor-management disputes. (Mar. 29, 2022)
- Illegality of delivery union’s occupation of the headquarters of CJ Logistics. (Mar. 15, 2022)
- Labor dispute ‘preventive vaccine’ ... Importance of legitimate employee evaluation. (Mar 1, 2022)
- Serious Accident Alert! First things first for companies!! (Feb. 15, 2022)
- Is fixed OT allowance an ordinary wage? What is the determination criteria? (Jan. 25, 2022)
- Concept of “business or workplace” under Serious Accidents Punishment Act...Controversial interpretation by the Ministry of Employment. (Jan. 11, 2022)
- Employee suicide/chronic illness also punished under Serious Accidents Punishment Act? (Dec. 28, 2021)
- "Wages paid on condition of current employment are not ordinary wages." (Nov. 30, 2021).
- Ambiguous Serious Accidents Punishment Act, ambiguous government guidelines. (Nov. 23, 2021)
- Controversial Serious Accidents Punishment Act: How to avoid criminal punishment... (Sep. 7, 2021).
4. Other theses
- A Study on Remedy Systems for Unfair Labor Practices (2025, Ph.D. thesis at Graduate School of Law of Korea University)
- New theory of interpretation of the procedures of the labor committee at an era of multiple unions, Monthly Labor Review (No. 78), Korea Labor Institute
- Investigation into unfair practices in vocational training projects and study on measures for improvement (co-authored), Korea Research Institute for Vocational Education & Training (2010)
- Systems of correction of discrimination/salary, wage study (2009, Autumn), Korea Employer’s Federation
- Comparison between Germany and Korea in terms of the operation of the discrimination-correction system, Settlement and Judgment (2007, No. 30)
- Research on the concept of business transfer and succession of labor relations as a result thereof (LL.M. thesis at Graduate School of Law of Korea University)
5. Overseas Contributions
外部評価
- "Leading Individual" for Employment, Chambers Asia, 2017-2023, 2024-2025 (Band 1)
- "Leading Individual" for Employment, Legal500, 2018-2025
- "Leading Lawyer" for Labour and employment, Asialaw Profiles, 2019-2024
- "Leading Lawyer" for Labor, Legal Times, 2017, 2019, 2021-2024
- "Best Lawyer" for Labour and employment, JoongAng Ilbo, Korea In-house Counsel Association, 2023-2024
- "Best Lawyer" for Labor and Employment, Hankyung Business, 2022-2023
- "Best Lawyer" for Labor, Serious Accidents, Lawtimes, 2022
メディア
-
2024.12.20
-
2023.04.24
-
ニュースレター 大法院における賃金ピーク制無効という判決宣告
2022.06.08 -
ニュースレター 「重大災害処罰等に関する法律施行令」制定案が国務会議において議決
2021.10.07 -
世宗ニュース 法務法人(有)世宗 重大災害対応センターの発足
2021.10.06 -
ニュースレター 『重大災害処罰法』、どのように備えるべきか－施行令案の立法予告
2021.08.05