Employee Suing Company Mentioned at Monthly Meeting... Human Rights Commission Calls It a "Violation of Personal Rights"
[Asia Economy Reporter Jeong Dong-hoon] The National Human Rights Commission of Korea has ruled that the management’s public mention of related matters at an all-staff meeting, after losing a lawsuit filed by an employee, constituted an infringement on the employee’s personal rights.
The Commission announced on the 3rd that it accepted a complaint filed by employee A of a research institute under the Economic and Humanities and Social Sciences Research Council under the Prime Minister’s Office. The complaint stated that the monthly meeting convened by management created a situation of collective bullying, and the Commission recommended a “formal warning” to the research institute.
A filed a lawsuit against the institute claiming unpaid overtime allowances (for extended, night, and holiday work) amounting to 29.65 million KRW for the period 2016?2018 and won the case in May. The ruling was reported in the media in early June, and about ten days later, the institute held a meeting with all employees to openly discuss the budget and other matters.
During this process, management made remarks to the effect that “because costs must be paid to A, it will affect the wages of other employees.” The institute argued to the media that the lawsuit coverage increased employee anxiety, prompting a demand for accurate information sharing, and claimed that explaining the total wage system of public institutions was a proper business-related action.
However, the Commission stated, “The institute’s act of holding this meeting and publicly discussing the lawsuit ruling caused psychological shock and pressure to A, making them feel shame and humiliation. This violates the principle of proportionality and infringes on the personal rights guaranteed by Article 10 of the Constitution of the Republic of Korea.”
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The Commission further explained, “At the time the meeting was held, the response direction had not been decided, and alternatives should have been sought before presenting the inevitability of wage cuts for other employees. Announcing the possibility that it could affect employees’ wages without a thorough review of budget execution was a hasty and inappropriate act.”
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