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Labor & Employment

Wrongful Dismissal Remedy Application Dismissed Through Recognition of a Management‑Based Layoff, with the Employer Prevailing at Both Initial and Appellate Proceedings

  • Date 2026.07.27
  • Hit 142

Dismissal of Unfair Dismissal Remedy Application Through Recognition of a Management-Based Layoff, with the Employer Prevailing at Both Initial and Appellate Proceedings One Law Partners, LLC successfully represented the employer in an unfair dismissal remedy proceeding, obtaining decisions dismissing the employees’ claims at both the initial and appellate stages before the Labor Relations Commission.
 

1. Case Overview

Several employees filed applications for relief with the Labor Relations Commission, alleging that the employer's termination of employment constituted an unfair dismissal.
In addition to reinstatement, the employees sought payment of wages equivalent to the amount they would have earned had they remained employed during the period following their dismissal.
 

2. Key Issues

The central issues in this case were whether there was an urgent managerial necessity justifying the layoff and whether the employer had made sufficient efforts to avoid or minimize dismissals.
 

3. Legal Strategy

Attorneys Ok‑ja Jeong and Dong‑il Seok of One Law Partners, LLC conducted a thorough review of the case and adopted the following strategies:

· Presenting the Background and Circumstances of the Case
The attorneys demonstrated that, both before and after the layoffs, the employees and the employer had entered into multiple clear labor-management agreements, including agreements regarding compensation payments and consolation payments.

· Emphasizing the Necessity of the Layoffs
The attorneys established through official documents and other objective evidence that the downsizing of the industry was unavoidable due to industrial restructuring driven by government policy.
In addition, they submitted written confirmations from relevant authorities acknowledging that employment succession was not realistically feasible, thereby demonstrating the existence of an urgent managerial necessity.

· Demonstrating Efforts to Minimize Employee Layoffs
The attorneys proved that, during the business closure process, the employer undertook various measures to minimize dismissals, including:

  • surveys regarding employees’ willingness to convert to contract positions;

  • special recruitment programs;

  • preferential hiring opportunities for employees facing termination; and

  • the actual reemployment of certain employees.

Through this evidence, the attorneys successfully demonstrated that the employer had made every reasonable effort to minimize employee dismissals.
 

4. Significance of the Decision

The Labor Relations Commission accepted One Law Partners, LLC’s arguments and dismissed the employees’ applications for relief at both the initial and appellate stages, confirming that the layoffs were supported by both managerial necessity and procedural legitimacy.

This case is a notable example in which the employer’s position was upheld at both levels through systematic and persuasive evidentiary submissions, demonstrating the effectiveness of strategic labor dispute management and representation on behalf of employers.


Attorney Ok‑ja Jeong | ojjeong@onelawpartners.com
Attorney Dong‑il Seok | diseok@onelawpartners.com

Public Relations Team, One Law Partners, LLC | pr@onelawpartners.com


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