If Maintaining Employment Becomes Difficult Due to Misconduct Such as Sexual Harassment... Court Rules "Dismissal Justified"

[Asia Economy Reporter Seongpil Cho] A court has ruled that dismissing an employee who can no longer maintain an employment relationship due to misconduct is justified. The court held that even if only some of the disciplinary reasons are acknowledged, the disciplinary action is valid and therefore not an unfair dismissal.

According to the legal community on the 15th, the Seoul Administrative Court Administrative Division 3 (Chief Judge Seonggyu Park) ruled in favor of the plaintiff in a lawsuit filed by comprehensive distribution company A against the Central Labor Commission, requesting the cancellation of the retrial decision for unfair dismissal regarding Mr. B. The court stated that even if some disciplinary reasons are not recognized, if the employment relationship has reached a stage where it is difficult to maintain due to other reasons such as sexual harassment, dismissal can be sufficiently justified.

The court said, "Even with only the recognized disciplinary reasons, the employment relationship between company A and Mr. B has reached a point where it cannot be maintained," and added, "The disciplinary dismissal cannot be seen as an abuse of discretion by company A." Furthermore, "Mr. B disrupted work order by making inappropriate remarks and behavior towards both superiors and subordinates, making it difficult for company A to continue the employment relationship with Mr. B, and they had no choice but to hold him strictly accountable."

Previously, company A, a comprehensive distribution company, dismissed Mr. B, who was working at a mart, through a disciplinary committee resolution in June 2018. Mr. B was found to have converted products received as gifts from partner companies into cash and used the money to cover losses caused by theft and to purchase small tools within the store. He was also investigated for sexual harassment, including pulling up another employee's underwear.

Mr. B filed a relief application with the Central Labor Commission claiming unfair dismissal, and the commission ruled to cancel the dismissal, stating that since only some disciplinary reasons were recognized, the level of discipline was excessive compared to the degree of misconduct. Company A then requested a retrial with the Central Labor Commission, but when it was not accepted, they filed this lawsuit.

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