Law Firm Cheongchul (Attorney in Charge: Choi Jong-ha) represented public institution P and won a ruling recognizing the validity of the disciplinary action and transfer order by successfully disputing the claim of unfair transfer raised by an employee deemed to be the perpetrator of workplace bullying, who argued that the isolation measures taken for victim protection were an unfair transfer.

1. Case Background

- Public institution P conducted an investigation following a report of workplace bullying and determined that the plaintiff had engaged in bullying behavior. Consequently, they imposed a disciplinary penalty of salary reduction on the plaintiff and, to protect the victim, transferred the plaintiff to another workplace. While these measures were taken by employer P to protect the victim and reporter, the plaintiff, who consistently resisted during the investigation by claiming 'I am the victim,' filed a petition for relief with the Regional Labor Relations Commission against the transfer decision, and continued the appeal process up to the Supreme Court, despite the denial of the relief petition.

2. Legal Issues (Key Grounds and Issues of Cheongchul)

- This case required the justification of the disciplinary action and transfer order, necessitating the recognition that the determination of workplace bullying, which forms the background and basis for the case, was legitimate. Accordingly, Law Firm Cheongchul emphasized that, even if no direct superior-subordinate relationship existed between the victim and the plaintiff, factors such as age difference, the nature of their relationship, the need for work-related cooperation, and particularly the behavior exhibited by the plaintiff during both the investigation and litigation indicated that there was a de facto superiority held by the plaintiff. Furthermore, they presented the specific nature of the harm suffered by the victim.

- In response, the High Court accepted most of Law Firm Cheongchul's arguments, acknowledging the plaintiff's act of workplace bullying and validating the disciplinary action and transfer order based on this acknowledgment, which resulted in the complete dismissal of the plaintiff's claims. The Supreme Court also dismissed the plaintiff's appeal.

3. Significance (Meaning of the Case)

This case serves as an important precedent in scenarios where there is no clear hierarchical relationship or command structure between the victim and the perpetrator of workplace bullying, particularly when the perpetrator claims that they had no relational superiority and subsequently files a lawsuit against the employer.

Law Firm Cheongchul closely analyzed the methods of work progression within the workplace, the relationships among members, and the attitudes expressed in the parties' testimonies. They emphasized that even if the victim showed resistance to the perpetrator's behavior, the ultimate compliance with the perpetrator's demands demonstrated that the perpetrator indeed held factual superiority over the victim. Furthermore, it was recognized that to protect the victim in such situations, separation measures were essential.

If you need solutions regarding related disputes, please do not hesitate to contact Law Firm Cheongchul.