Labor: Employment Termination Based on Urgent Managerial Necessity

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Under the Labor Standards Act of Korea (LSA), an employer may not terminate an employee without a justifiable cause. Under LSA, such justifiable cause would include “layoffs” or so-called “administrative terminations” implemented due to ‘urgent managerial necessities of the company. In this article, we take a close look at employment termination based on urgent managerial …

Labor: Is poor performance a “justifiable” cause for employment termination?

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It is first noted that the cases that have dealt with employment termination based on poor performance are only a few. The reason may be that employers rarely terminate employees on the ground of poor performance alone because they know that it is difficult to justify such termination under the provisions of the Labor Standards …

Litigation: How is hearsay treated under Korean law?

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Hearsay is the legal term that describes statements made outside of court or other judicial proceedings. With few exceptions, hearsay is not allowed as evidence in the U.S. However, in Korea, hearsay evidence would be admissible and have probative value in court at least in civil proceedings if accepted by courts as evidence, and, therefore, …