Demotion in 'Manager Kim' Drama: What If It Happens in Real Life?... "Employee Likely to Win Lawsuit"

"If Disadvantage to Livelihood Outweighs Work-Related Necessity, It Is Unfair"
Legally Possible, but Litigation Is Burdensome

In the JTBC drama 'Story of Manager Kim, a Seoul Homeowner Working at a Large Corporation,' which is currently recording high viewership ratings, the main character Kim Naksu is transferred from the sales team at the Seoul headquarters to the position of safety management team leader at a factory in Asan, Chungnam. This sudden transfer is essentially a demotion. If such a situation were to occur in real life, how would it be judged legally?

Article 23 of the Labor Standards Act stipulates that an employer cannot dismiss or otherwise disadvantage an employee, such as through reassignment, without just cause. According to a Supreme Court precedent (2007Du20157), the criteria for judgment are: ▲ the necessity of the reassignment for work-related reasons (the company's circumstances), and ▲ the degree of disadvantage to the employee's livelihood (such as supporting family members, housing environment, etc.).

'Story of Manager Kim, a Seoul Homeowner Working at a Large Corporation' Still Image. JTBC.

The Supreme Court ruled in a case where a bank selected a large number of employees for back-office transfers based mainly on years of service at each rank, stating, "Whether a reassignment or similar disposition falls within the legitimate scope of personnel authority must be determined by comprehensively considering the necessity for the reassignment due to work-related reasons, the degree of disadvantage to the employee's livelihood resulting from the transfer, and whether the process included procedures required by the principle of good faith, such as consultation with the labor union to which the employee belongs (or with the employee directly if there is no union)."

Kang Seoyoung (2nd Bar Exam), an attorney at Law Firm Won, noted that the likelihood of winning a case would vary depending on the facts of each case, but added, "The court comprehensively considers the degree of disadvantage to the employee's livelihood caused by the change in duties, such as career interruption; the degree of necessity for work-related reasons, including qualifications and career suitability for the new role; and whether the parties agreed to the transfer."

Jeon Junyong (Judicial Research and Training Institute, 29th class), an attorney at Law Firm Dongin, stated that in the case presented in 'Story of Manager Kim,' ▲ being transferred from the sales team to the safety management team could be seen as a fundamental change in job duties, and ▲ being transferred from Seoul to Asan could be expected to cause significant disadvantages to the employee's livelihood. Therefore, "it could be recognized as an unfair reassignment." He added, "If a lawsuit is filed, the employee would have a good chance of winning."

However, from the employee's perspective, filing a lawsuit itself can be burdensome, so in reality, such cases rarely proceed to litigation. Attorney Jeon said, "Legally, it could go to court, but considering the realities of employment and job changes, it is not easy in practice."

Shin Nayoung, reporter at The Law Times

※This article is based on content supplied by Law Times.

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