InterLEX

South Korea

Analysis

Overview

InterLEX provides corporate and litigation services related to labour and employment law. The firm has worked with various Korean government entities, including the Korea Industrial Technology Association and Korea Institute of Nuclear Safety, providing legal guidance to IT companies such as Naver and Coupang and startups like Ongyeol and Dames. In collaborations, the firm assists numerous international clients across the US, Europe and China. With experience advising both local and global clients, InterLEX helps organisations address complex labour issues through customised, practical solutions based on Korean employment law. Key partners of significance at the firm include Hyunchai Isabelle Sohn and Eunzip Kwon.

Labour and employment

Work highlights 

Advised a client in the chemical business on a significant workforce restructuring initiative necessitated by consecutive years of deficit in certain business units following the Covid-19 pandemic. The challenge involved navigating Korea's strict labour laws, which only permit dismissals for ‘justifiable cause’, and managing potential resistance from the labour union. The case's significance lies in its legal and voluntary completion without union interference, particularly notable in an economic climate where re-employment opportunities were limited.

Successfully defended a major Korean media group at the Supreme Court against claims for statutory severance pay from numerous workers. The firm effectively argued that these workers were freelancers, not employees under the Korean Labor Standards Act. The court's August 2023 ruling in favour of the client clarified ambiguous precedents on freelancer status, mitigating significant legal and financial risks for companies using multiple freelancers. This landmark decision protected the client from various labour law obligations and set an important precedent in Korean employment law.

Successfully represented a client in the bus manufacturing industry in the Supreme Court, securing a suspension of execution on a W3 billion enforcement penalty imposed by the Labor Relations Commission. The penalty, stemming from employee dismissals during corporate liquidation, was challenged as excessive and lacking legal basis. This landmark case is significant as suspensions of Labor Relations Commission penalties are rarely granted, setting an important precedent in Korean labour law and providing crucial financial relief for the client during its management crisis.