The law firm Cheongchul's Choi Jong-ha conducted an interview with 'The Power News' regarding the 'legitimacy of disciplinary reasons and procedures.'
Cases are occurring where disciplinary actions based on workers' negligence or misconduct are eventually deemed wrongful termination.
In recent rulings from the Seoul Administrative Court, Seoul Eastern District Court, and Daejeon High Court, there have been cases where employees raised issues regarding errors in the disciplinary resolution requester's approval process, incorrect recipient details in the attendance notification documents, and the merging of disciplinary reasons, which are fairly peripheral or procedural violations that have been recognized.
As can be seen from these contents, the courts strictly scrutinize not only the legitimacy of disciplinary reasons but also procedural legitimacy, requiring special attention from companies.
Attorney Choi Jong-ha of the law firm Cheongchul emphasized, “Even if there is a serious misconduct, if there are procedural flaws, the disciplinary action may become invalid,” and urged that “HR personnel should fully guarantee workers' rights to defend themselves while strictly adhering to relevant procedures.”
Detailed information can be found in the published full text of the interview.
