Kyunghan Kim

  • Associate
  • T. +82-2-3404-6960
  • F. +82-2-3404-0803
  • E. kyunghan.kim@bkl.co.kr

Overview

Kyunghan Kim, based on his in-depth understanding concerning personnel management systems, contributes to the resolution of various cases such as a Supreme Court case ruled to be reversed and remanded to the lower court by denying the claim that fixed overtime pay constitutes ordinary wage, an office workers' labor union's application for separating bargaining units, a lawsuit over the legality of flexible work and overtime work, response to applications for remedy of unfair labor practices and related litigations, a large-scale lawsuit involving employee status confirmation, just to name a few. He also provides clients with comprehensive advisory services concerning, e.g., wages and working hours and response to the matters related to labor unions.

Representative Experience

2019-Present Bae, Kim & Lee LLC
2016-2019 Judge Advocate for Public Service, Ministry of Justice (Korea Legal Aid Corporation)

Representative Matters

Advised companies A, AB, and AC on labor union issues and their response to applications for remedy of unfair labor practices and related litigations
Represented company B in a Supreme Court case involving fixed overtime pay, which was reversed and remanded to the lower court
Represented insurance company C in a Supreme Court case concerning whether its branch manager constitutes a worker under the Labor Standard Act
Represented company D in a criminal trial involving its partner's violation of the Act on the Protection of Temporary Agency Workers
Represented automobile company E in a number of cases concerning its employee status confirmation
Advised companies A, AB, and AC on labor union issues and their response to applications for remedy of unfair labor practices and related litigations
Represented company B in a Supreme Court case involving fixed overtime pay, which was reversed and remanded to the lower court
Represented insurance company C in a Supreme Court case concerning whether its branch manager constitutes a worker under the Labor Standard Act
Represented company D in a criminal trial involving its partner's violation of the Act on the Protection of Temporary Agency Workers
Represented automobile company E in a number of cases concerning its employee status confirmation
Represented an affiliate of company F in a case involving the separation of bargaining units of a labor relations commission among the office worker group and others
Provided company G with due diligence and consulting services concerning the risks arising from dispatching its workers
Represented university H in a case concerning its assistant's exemption from the subject of the Act on the Protection of Fixed-term and Part-time Employees and the nullity of the assistant's dismissal based on the right to expect renewal of the employment contract
Advised and represented an unincorporated association in a case with respect to its human resources management system
Advised an affiliate of company I, company IA, and company IB on their wage systems and possible risks arising therefrom
Represented company J in a case involving the number of working hours subject to the payment of ordinary wages
Represented taxi companies in Seoul and Gyeongsangbuk-do in a number of cases involving disputes over underpaid minimum wages
Advised companies K and KA on their working-hour compliance projects and successfully represented them in related litigations
Advised clients on their disciplinary procedures and represented clients in a number of cases concerning disciplinary actions
Advised clients on their investigations on workplace harassment and represented clients in related litigations

Education

2016 Yonsei University Law School (J.D.)
2013 Seoul National University (LL.B.)

Qualifications

2016 Korea