Notable developments in Labor Case Law

Seoul High Court : On August 6, 2023, H Automobile undertook an investigation into allegations that its employee, referred to as "A," habitually remained at home for extended periods during work hours. The investigation spanned approximately three months and included surveillance of A's apartment parking lot through photographs and video recordings. Upon confirming A's conduct, H Automobile terminated his employment, prompting A to file a lawsuit claiming wrongful dismissal. The court, in its judgment, observed that it is challenging to conclude categorically that an employee's location and activities during work hours fall entirely within the scope of personal privacy. Furthermore, as A's apartment parking lot is publicly accessible, the investigation did not invade A's intimate life. The court consequently rejected A's privacy violation claim and upheld the termination as lawful.

Supreme Central District Court : On August 10, 2023, D Airlines was informed by an employee, "A," of sexual harassment by her superior, "B." Instead of imposing any disciplinary action against B, D Airlines processed A's resignation. A subsequently instituted a lawsuit against D Airlines, seeking damages. The court found D Airlines' failure to separately discipline the alleged harasser and instead process A's resignation to be unlawful, thereby accepting A's claim for damages.

Cheongju District Court : On August 14, 2023, a large corporation's employee, "A," alleged that he was demoted from being team leader to being a team member in retaliation for reporting workplace harassment. A filed a lawsuit seeking a declaration that the demotion was invalid. The court ruled that an employee who reports workplace harassment may be reassigned to another department through lawful procedures. The court further clarified that a legitimate HR order does not constitute disadvantageous treatment as prohibited by the Labor Standards Act.