Court: "Company's transfer of new Busan employee to Seoul due to 'colleague conflict' is unfair"

Seoul Administrative Court, Seocho-gu, Seoul. / Photo by Hyunmin Kim kimhyun81@

[Asia Economy Reporter Kim Daehyun] A court ruling has declared that a company's decision to transfer an employee working in Busan to Seoul due to conflicts with colleagues was illegal.

On the 31st, the Seoul Administrative Court, Administrative Division 13 (Presiding Judge Park Jeongdae) ruled against software development specialist company A in the first trial of the lawsuit seeking cancellation of the unfair transfer relief adjudication by the Central Labor Relations Commission (CLRC).

Previously, Mr. B joined company A's Busan branch as a manager-level employee in November 2019. Although he received a one-month suspension penalty due to a dispute with a colleague, the local labor relations commission (LLRC) reduced the penalty to a reprimand through a relief decision.

However, the following year, company A transferred Mr. B from Busan to Seoul and changed his duties. Mr. B was recognized by the CLRC as having been unfairly transferred, but company A filed an administrative lawsuit claiming the CLRC's decision was unjust.

During the trial, company A argued that "they agreed to subsidize housing and round-trip transportation costs" and that "employees opposed Mr. B's reinstatement to his original position, so the transfer at that time was justified."

The first trial court dismissed company A's claim, stating, "This transfer constitutes an abuse of rights and is unfair." The court pointed out, "The inconvenience Mr. B would face in daily life outweighs the business necessity of transferring him to Seoul," and "it appears that sufficient consultation was not conducted prior to the transfer."

The court further stated, "Since there are alternatives that do not require working in a fixed office," "the principle is reinstatement to the original position once the suspension penalty ends, and since the LLRC ruled the suspension was unfair, preventing reinstatement causes disadvantage to Mr. B and undermines the effectiveness of the labor commission's ruling."

Moreover, the court added, "The plaintiff's Seoul office is located in Gangnam, where surrounding housing costs are high, and commuting from afar involves considerable time and expenses," and "although a monthly housing subsidy of 500,000 won was promised, it will not sufficiently compensate for the disadvantages."

Company A has appealed the first trial ruling.

This content was produced with the assistance of AI translation services.