3 Essential Checklists to Prepare Before Resigning - Cheongchul Law Firm

Hello, I am Attorney Choi Jong-ha from Cheongchul Law Firm.

It is said that every employee carries a resignation letter in their hearts. However, nowadays, resignations and job changes have become frequent. Many workers suffer losses due to ignorance of their legal rights that must be checked before resignation.

Based on years of practical experience in labor law, Cheongchul Law Firm provides detailed guidance on the 3 key points to check before resigning.

1. Confirm the Accurate Calculation of Severance Pay

Eligibility for Severance Payment and Basic Principles

All employees who work more than 15 hours a week for more than a year, irrespective of their working conditions or the size of the business, are entitled to receive severance pay. However, many workers often suffer losses because they are unaware of the correct method of calculating severance pay.

Average Wage vs Standard Wage - Key Points

Severance pay is generally calculated based on the average wage for 3 months. However, many workers overlook the point that if the average wage is lower than the standard wage, the standard wage should be applied.

Especially in workplaces where the standard monthly working hours are 209 hours (if Saturday is designated as a non-paid holiday), it is quite common for the standard wage to exceed the average wage.

Comparison of Actual Calculation Examples

Example Conditions:

• Start Date: January 1, 2015

• Resignation Date: January 1, 2025 (10 years of service)

• Monthly Base Salary: 5 million won (as of 2024)

• Standard Monthly Working Hours: 209 hours

Incorrect Calculation Method (Using Average Wage)

• 3 Months Average Wage: 15 million won ÷ 92 days = 163,043 won/day

• Severance Pay: 163,043 won × 30 days × 10 years = 48,913,044 won

Correct Calculation Method (Using Standard Wage)

• Daily Standard Wage: (5 million won ÷ 209 hours) × 8 hours = 191,387 won/day

• Severance Pay: 191,387 won × 30 days × 10 years = 57,463,459 won

The difference: a whopping 8.54 million won!

Check List for Items to Confirm Before Resigning

• [ ] Confirm our company's standard monthly working hours

• [ ] Calculate and compare standard wage and average wage

• [ ] Check the method of calculating severance pay (including retirement pensions)

• [ ] Compare the amount the company is scheduled to pay with legal standards

2. Securing Rights for Unused Annual Leave Pay

Principle of Annual Leave Pay Payment

For any unused annual leave day, it is possible to receive one day's standard wage as a payment. However, in reality, most employees do not receive this payment properly.

Traps of Annual Leave Promotion Systems

Many companies introduce 'annual leave promotion systems', but it is very rare for them to be legally implemented in practice. Courts strictly judge the lawful operation of annual leave promotion systems, making it challenging for small businesses to comply with all processes.

Scope of Claims for Annual Leave Pay at Resignation

• Statute of Limitations: Claims can be made by counting back 3 years from the point of resignation

• Scale: Based on 10 days of unused annual leave annually, the amount equivalent to one month's salary

• Resignation Before Promotion Completion: Even if the workplace uses a legitimate promotion system, there is an obligation to pay compensation for resignation before completion of the promotion

Checklist for Confirmation of Annual Leave Pay

• [ ] Check the number of unused annual leave days in the last 3 years

• [ ] Inspect the company's implementation of annual leave promotion systems

• [ ] Confirm whether annual leave pay is reflected in severance pay

• [ ] Check the schedule and method of payment

3. Reviewing Company Data Management and Non-Compete Obligations

Preventing Company Data Leakage

It is important to ensure that there are no actions that could potentially implicate the company when gathering items to take upon resignation. The leakage of internal company data can constitute breach of fiduciary duty and requires special attention.

Points of Caution

• All materials created during company work are company property

• Possession for personal use or external leakage may incur legal liabilities

• Gathering large amounts of data right before resignation can be a serious issue

Review of Non-Compete Obligations

Some companies include provisions in contracts for 'prohibition of moving to competitors for a certain period after resignation'. However, such provisions are not always valid.

Criteria for Assessing the Validity of Non-Compete Agreements

The court comprehensively considers the following factors to assess validity:

• Protected Value of the User's Interests

• Employee's Position Prior to Resignation

• Duration, Region, and Occupational Scope of the Competition Restriction

• Whether Compensation is Provided to the Employee

• Background of the Employee's Resignation

• Public Interest and Other Circumstances

If it excessively restricts the constitutional right to freedom of choice of occupation, it may be deemed invalid.

Legal Risk Checklist Before Resignation

• [ ] Check for personal ownership of company data

• [ ] Assess the presence of non-compete clauses

• [ ] Review the specific contents of the non-compete agreement

• [ ] Analyze the possibility of competition with the prospective new company

Frequently Asked Questions (FAQ)

Q1. What is the minimum working period to receive severance pay?

A: If you work 15 hours or more per week for at least a year, you are entitled to severance pay, regardless of work type or company size.

Q2. Which is more advantageous, average wage or standard wage?

A: Generally, the standard wage is often more advantageous, and legally, the higher amount must be applied.

Q3. Until when can annual leave pay be claimed?

A: Claims must be made within 3 years from the resignation date, and rights will be lost if the statute of limitations passes.

Q4. What happens if the non-compete agreement is violated?

A: It varies depending on the validity of the agreement, and if it has excessive restrictions, it may become invalid, requiring professional consultation.

Q5. What should I do if I have objections to the calculation of severance pay?

A: If it cannot be resolved after consulting with the company, consider reporting it to the labor office or taking legal action.

Professional Labor Law Consultation of Cheongchul Law Firm

Why should you choose Cheongchul Law Firm?

• Abundant Practical Experience: Expertise from lawyers who have worked in large law firms

• Systematic Approach: Providing comprehensive solutions beyond simple consultations

• Quick Response: Efficient handling tailored to resignation timelines

• Reasonable Costs: Optimal results at the best cost

Introduction to Labor Law Specialists

Attorney Choi Jong-ha

• Graduated from Seoul National University, Law Department, and Yonsei University Law School

• Specialized experience in human resources and labor at Yulchon Law Firm

• Expert in corporate legal affairs, human resources, and labor criminal law

Consultation and Inquiry Information

📞 Phone Consultation: 02-6959-9936
📧 Email: jhchoi@cheongchul.com
🏢 Visit Consultation: 7th floor, Rich Tower, 403 Teheran-ro, Gangnam-gu, Seoul
🚇 Directions: Line 2, Bundang Line Seolleung Station Exit 9 or 10

Consultation Reservation and Procedure

1. Make a prior reservation via phone or email

2. Instructions on explaining the situation and preparing materials

3. Direct consultation with a specialist lawyer

4. Presenting tailored solutions

Conclusion

Resignation is a new beginning, but it is important to properly secure your legal rights before that. Severance pay, annual leave pay, legal risk management, etc., are all complex legal issues, so it is wise to seek expert assistance.

Cheongchul Law Firm will do its best to protect the rights of employees who are about to resign based on accurate legal knowledge and abundant practical experience.

Consult Cheongchul Law Firm right now!

This content is intended for general legal information purposes, and specific legal advice for individual cases should be obtained through consultation with a specialized lawyer.

[Personal Information Protection – 2025 Personal Information Processing Policy Guidelines Latest Revision, What are the Key Points?]

Hello, I am Attorney Shin Jun-seon from Cheongchul Law Firm.

The Personal Information Protection Commission (hereinafter referred to as 'PIPC') has recently published the revised version of the "Personal Information Processing Policy Guidelines" (April 21, 2025). This revision reflects the amendments to the Personal Information Protection Act (to be implemented in September 2024) and the preliminary opinions from the 2024 Policy Evaluation Committee. The PIPC introduced that while strengthening the rights of data subjects, it has also alleviated the burden on companies through a press release.

Looking at the content of the revision, it can be seen that the requirements for the form of the Personal Information Processing Policy have somewhat relaxed, but as the measures to strengthen the rights of data subjects have increased, the preparation and management burden on the person in charge at companies may have actually increased. Therefore, let's look at the main points of the revision.

[Question] What are the key points of the 2025 Personal Information Processing Policy Guidelines Latest Revision?

[Answer]

1. Reflection of the Reform of the Personal Information Consent System

   Firstly, due to the reform of the personal information consent system, items that can be processed without consent and those that require consent have been clearly distinguished. For example, 'Member service operation', 'Sales product A/S consultation', etc., can be processed as they are necessary for the execution of the contract without separate consent, whereas sensitive information (such as health information), unique identification information (such as resident registration numbers), and provision of personal information to third parties must obtain separate consent regardless of the execution of the contract. Accordingly, personal information processors must clearly reflect this distinction in the processing policy.

2. Expansion of Flexibility in Writing Personal Information Items and Retention Periods

   Flexibility has also been introduced in the writing style of personal information items and retention/use periods. Previously, all items had to be listed individually, but now, in special circumstances, type-based entries are allowed. For example, under the type "Personal Information for Document Screening", letters of self-introduction, scores from certified English tests, and university grades can be bundled together. Regarding retention/use periods, it is generally required to specify the period concretely rather than abstractly, but in cases where the retention/use period cannot be specified, the criteria used to determine it can be noted.

3. Strengthening Contact Information for the Grievance Handling Department

   The obligation to provide contact information for the grievance handling department has also been strengthened. Previously, only the contact information of the department in charge of the Chief Personal Information Protection Officer (CPO) had to be provided, but in the future, the contact information of related departments such as customer centers which actually handle grievances will also be allowed to facilitate the exercise of rights by data subjects.

4. Improvement of Disclosure Methods According to Mobile App Environments

   Improvements to disclosure methods in response to changes in mobile app environments must also be examined carefully. Previously, the processing policy had to be fixedly disclosed at the bottom of the first screen of the app, but after the revision, it is now allowed to disclose it in various locations that data subjects can easily access, including settings, membership registration, login screens, service menus, and settings screens.

5. Enhanced Guidance on Procedures for Exercising Rights of Data Subjects

   The guidance on procedures for exercising the rights of data subjects has also been specified in more detail. Regarding requests for personal information transmission, not only should the method of request be specified, but also specific methods to check the transmission status and the content of the transmitted personal information must be clarified. In cases of automated decisions, the criteria and procedures for decisions, methods of personal information processing, and how to appeal must be detailed, and when collecting and using data for AI training, it is recommended to clarify the data collection sources, collection methods, and safety measures.

6. Strengthening Guidance on Collection of Behavioral Information and Refusal

   The section on guidance for collecting behavioral information and refusal has also been strengthened. Specific instructions on methods to block cookies and personalized advertisements must be provided, such as the procedure "Web browser settings > Cookie management > Block third-party cookies" or directions in mobile apps like "Settings > Personal Information > Refuse personalized ads" must be clearly presented. In particular, for Chrome browsers, the guidance was updated to utilize 'Incognito mode' instead of the previous 'Delete internet history' method.

Conclusion (Response Plan)

This revision emphasizes that the personal information processing policy should not only be a mere formal disclosure but should function as a practical means for data subjects to exercise their personal information protection rights. To this end, the PIPC has suggested guidelines to enhance the specificity, transparency, and accessibility of processing policies across all areas, including consent systems, grievance handling, disclosure methods, and procedures for exercising rights.

Personal information processors should reflect the main contents of the revised personal information processing policy guidelines by

• Ensuring consistency between the personal information collection and use consent form and the processing policy, clearly distinguishing between mandatory and optional consent items.

• In cases where there are many or complex personal information items, it is permissible to categorize similar items.

• Providing contact information not only for the Chief Personal Information Protection Officer but also for the departments (customer centers, CS teams, etc.) that actually handle inquiries and complaints from data subjects.

• Considering user experience (UX), ensuring that the processing policy can be found in a natural flow within the app, while avoiding overly deep menu structures.

In addition to the key points related to the drafting of personal information processing policies mentioned above, the revised guidelines also provide examples for small businesses along with methods of disclosure and display, so companies, corporations, and institutions that process personal information should thoroughly understand the content and purpose of these revised guidelines and actively review updating and enhancing their own personal information processing policies.

As awareness of personal information protection has become more important than ever, the personal information processing policy is not merely a formal document required by law but a measure of transparency that shows the philosophy and efforts of companies regarding personal information protection and a core element for building trust with data subjects. Therefore, personal information processors such as companies should fully understand the purpose of these revised guidelines and take proactive measures to secure trust from data subjects and minimize personal information protection risks.

Attorney Shin Jun-seon from Cheongchul Law Firm has been providing tailored personal information processing policy establishment, diagnosis, and improvement consulting services reflecting the requirements set forth in the Personal Information Protection Act and the PIPC's guidelines. If you are facing difficulties related to personal information management or need legal advice on whether your current processing policy complies with the drafting guidelines, please feel free to contact us at any time.

If the protagonist in the drama 'The Bequeathed' were real, what kind of criminal punishment would they receive?

The recent Netflix original drama 'The Bequeathed' is gaining popularity. The truth surrounding a decrepit inherited house and the intertwined family conflicts, especially the protagonist's quest for revenge to correct an unjust reality, strongly stirs the emotions of viewers.

Most viewers feel both anger and empathy towards the choices of the characters in the drama. The feeling of "I might have done worse" is certainly not unfamiliar. However, one suddenly becomes curious.

"Is such revenge really possible in reality?"

"If such an act were actually carried out, what legal punishment would one face?"

In this article, we will analyze the 'legal limits of revenge' based on key scenes from the drama 'The Bequeathed' from a criminal law perspective.

1. Is revenge self-defense? Misunderstandings of self-defense

Many people think, "I am a victim too; I can seek revenge because I have been wronged", but self-defense under criminal law is not that broad.

[Criminal Act Article 21 Paragraph 1] An act undertaken to defend oneself or another against an unlawful infringement currently in progress shall not be punished when there is a reasonable cause.

For self-defense to be recognized, it must meet three criteria: ① The infringement must be ongoing, ② The infringement must be illegal, and ③ The defensive act must not exceed a reasonable level.

Important point: Acts of retaliation after an infringement has already ended do not constitute self-defense.

2. What punishment would the protagonists in the drama receive in reality?

The protagonists in the drama The Bequeathed choose to seek revenge on the perpetrators while grappling with devastating loss and anger. However, such choices would lead to significant criminal consequences in reality. Let's examine the legal issues present based on the actions of key characters one by one.

○ Jeong Jin-young – The embodiment of anger, how would he fare before the law?

▶ Crime Type: Threat

• Related Law: Criminal Act Article 283 Paragraph 1

• Provision: “A person who threatens another shall be punished with imprisonment for not more than three years, a fine not exceeding five million won, detention, or minor fine.”

• Scene in the drama: The scene where he continually psychologically threatens the other party with the phrase, “I will make you like my daughter.”

• Legal Evaluation: Repeated statements that induce fear clearly fall under the crime of threats and can be subject to heavier penalties if combined with coercion.

▶ Crime Type: Imprisonment

• Related Law: Criminal Act Article 276

• Provision: “A person who unlawfully confines another shall be punished with imprisonment for not more than five years or a fine not exceeding seven million won.”

• Scene in the drama: The scene where the victim is locked in a warehouse and their phone is taken away to cut off outside communication.

• Legal Evaluation: Actions that restrict the victim's movement and external communication constitute the typical elements of the crime of imprisonment.

Oh Hana – Justice or another perpetrator?

▶ Crime Type: Injury

• Related Law: Criminal Act Article 257 Paragraph 1

• Provision: “A person who injures another shall be punished with imprisonment for not more than seven years, disqualification for not more than ten years, or a fine not exceeding ten million won.”

• Scene in the drama: Scenes where she pours hot water on someone or deliberately trips them.

• Legal Evaluation: If harm is inflicted on the victim beyond simple assault, it results in a serious charge of injury.

▶ Crime Type: Defamation under the Information and Communications Network Act

• Related Law: Act on Promotion of Information and Communications Network Utilization and Information Protection Article 70 Paragraph 2

• Provision: “A person who disseminates false facts about another with the intent to defame them shall be punished with imprisonment for not more than seven years or a fine not exceeding fifty million won.”

• Scene in the drama: The scene where private information about the victim is captured and disseminated on an online community.

• Legal Evaluation: If defamation is recognized as having no public interest purpose, it becomes subject to criminal punishment and can be considered a crime of insult as well.

○ Lee Seok-jun – The avenger with a knife, hard to avoid severe punishment

▶ Crime Type: Murder

• Related Law: Criminal Act Article 250 Paragraph 1

• Provision: “A person who murders another shall be punished with death, life imprisonment, or imprisonment for not less than five years.”

• Scene in the drama: The scene where Lee Seok-jun intentionally kills the perpetrator after deciding to seek revenge.

• Legal Evaluation: Murder committed with meticulous planning is subject to enhanced punishment, and a severe sentence of imprisonment for at least ten years may be imposed.

▶ Crime Type: Concealment of a body

• Related Law: Criminal Act Article 160

• Provision: “A person who conceals a corpse shall be punished with imprisonment for not more than three years.”

• Scene in the drama: The scene where a body is loaded into a vehicle and disposed of in a secluded area after the crime.

• Legal Evaluation: While the penalty is lower than murder itself, if concealment intentions are clear, it adversely affects the sentence.

3. Why did the victim choose revenge?

Choosing revenge out of distrust in legal procedures can lead to further crimes. Systems such as criminal complaints, restraining orders, and victim public defense attorney support exist for victims.

Conclusion: The path to achieving justice is through the law, not revenge

The questions posed by the drama 'The Bequeathed' are intense. However, the law in reality is colder than emotions. Even in unjust situations, resolutions must be found through legal procedures and protective systems.