Attorney Comes To Surprising Conclusions About Park Na Rae’s Alleged Illegal Wrongdoings

An expert analysis has emerged suggesting that the legal issues related to Park Na Rae‘s former managers’ claims of “400 hours of work per month” and “non-payment of ₩50.0 million KRW (about $34,000 USD) in allowances” can be interpreted differently.

On the 12th, labor attorney Kim Hyo Shin discussed various legal standards concerning the long working hours controversy raised by Park Na Rae’s former managers on YTN Radio’s Wise Radio Life. The agency in question is a one-person company led by Park Na Rae’s mother, classified as a workplace with fewer than five employees, with only two former managers as actual workers.

Attorney Kim explained that, contrary to the general perception that “400 hours per month = violation of legal working hours,” the two-person business is not subject to the standard 52-hour workweek regulation, making the issue separate from whether the law was violated.

He added that it is difficult to argue the working hours themselves were illegal, and the key issue is whether the overtime pay for the actual hours worked was properly paid.

Regarding the ₩50.0 million KRW (about $34,000 USD) in overtime pay the former managers are demanding, Kim provided a detailed calculation: in a two-person business, the 1.5 times overtime premium does not apply, and dividing ₩50.0 million KRW (about $34,000 USD) by the hourly wage amounts to a claim for about 3,480 hours of unpaid wages.

About the alleged verbal agreement of 500,000 won monthly salary plus a 10% revenue share claimed by the former managers, Kim noted that, as this can be viewed as a labor condition, if true, it qualifies as wages and non-payment could be considered wage arrears. However, he emphasized that verbal contracts are valid only with objective evidence such as texts, recordings, or third-party testimonies to substantiate the claim.

When asked whether experiences like running personal errands, accompanying to drinking gatherings, or public reprimands reported by the managers count as workplace harassment, he said there is room to argue that such acts fall within the scope of work but if they cause personal or emotional damage, they can be considered beyond reasonable limits.

As conflicts and various suspicions with her former managers have escalated recently, Park Na Rae announced she would suspend her broadcasting activities, taking full responsibility. The former managers have also stated their intention to file a lawsuit seeking damages worth about ₩100 million KRW (about $68,000 USD) against Park Na Rae.

Source: OSEN
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