ENGLISH

- The employer shall not dismiss, take a leave of absence, suspend, transfer, salary reduction or any other punishment to the worker without justifiable reasons. (Article 23 (1) of the Labor Standards Act)

- If an employer dismisses a worker for reasons of management by meeting the requirements under Article 24 (1) through 3 of the Labor Standards Act the dismissal is deemed to have been made for a justifiable reason under Article 23 (1) of the Labor Standards Act. (Article 24 (5) of the Labor Standards Act)

- The employer is responsible for claiming and proving that there is a valid reason for dismissal. (Supreme Court Decision Aug.14, 1992, 91 Da 29811)

- Due to managerial reasons, dismissals, even ordinary dismissals, shall not be deemed justifiable just because they are stated as a discharge reason under the employment regulations. It is only considered fair if the employee is responsible for the discharge reason, and the case must be socially accepted to be severe enough to sever relationships between the employer and employee (Supreme Court’s judgement 2010다21962 announced on March 24, 2011).

- When an employer ntends to dismiss an employee for any reason, the reason shall correspond to the grounds for disciplinary dismissal prescribed in labor contracts, employment rules, collective agreements, etc. (Supreme Court Decision Apr.27, 1990, 89 Daka 5451)

- In order for disciplinary dismissal to be justified, there must be a responsible reason for the workers to the extent that they cannot keep the labor contract alive under social norms in specific matters. However, once the reason for dismissal is based on the degree of negligence of the workers, the severity of the damage, the usual actions, and the circumstances after the cause of disciplinary action, etc, it is possible to determine whether the dismissal is reasonable or not. (Supreme Court Decision Apr.8, 1997, 96 Da 33556)

- If a worker is found guilty of various disciplinary charges, he/she shall not judge whether the disciplinary action against him/her is appropriate for each or some of the reasons, but shall comply with the responsibility of the worker in light of the overall reasons. (Supreme Court Decision Sep. 20, 1996, 95 Nu 15742)

- If the different provisions of the employment rules for dismissal differ, more favorable provisions shall be applied to workers. (Supreme Court Decision May.27, 1994, 93 Da 57551)

- If an employer dismisses a worker in compliance with the following requirements, he/she shall be deemed to have dismissed for a justifiable reason under Article 23 (1) of the Labor Standards Act. (Article 24 (5) of the Labor Standards Act)

- If an employer dismisses a worker for management reasons, it must be urgently needed. (Former part of Article 24 (1) of the Labor Standards Act)

- If an employer dismisses a worker for management reasons, he/she must make every effort to avoid dismissal. (Former part of Article 24 (2) of the Labor Standards Act)

- If an employer dismisses a worker for management reasons, the standard of reasonable and fair dismissal should be set and the target should be selected accordingly. (Former part of Article 24 (2) of the Labor Standards Act)