CONTENTS
- 1. The Client Who Requested Assistance with the Nullity-of-Dismissal Litigation
- - For the Detailed Background of the Case
- 2. Statutes Related to Nullity of Dismissal and Methods of Response
- - Methods of Responding to a Nullity-of-Dismissal Lawsuit
- 3. Nullity-of-Dismissal Litigation: Assistance of a Corporate Specialist Attorney
- - Securing Evidence and Organizing the Facts
- - Analysis of Precedents and Legal Principles
- - Establishing the Litigation Strategy and Activities for Proof
- 4. Result of the Nullity-of-Dismissal Litigation Assistance: “Winning the Case”
- - If You Have Been Faced with a Nullity-of-Dismissal Lawsuit
1. The Client Who Requested Assistance with the Nullity-of-Dismissal Litigation
The client, who came to Daeryun after a nullity-of-dismissal dispute arose, had confirmed through an internal audit that certain applicants had been unfairly passed during the hiring process.
The client subsequently carried out ex officio dismissal measures against the relevant employees, but when those employees filed a nullity-of-dismissal lawsuit, the client requested assistance from a corporate specialist attorney for its defense.
For the Detailed Background of the Case
The client company discovered through an internal audit irregular circumstances such as the adjustment of document screening scores for only certain applicants and the arbitrary assignment of scores in the interview evaluation.
The investigation revealed circumstances indicating that some applicants had been improperly hired through outside recommendations and internal solicitation, and these individuals were already employed.
Accordingly, the company imposed ex officio dismissal dispositions on the improperly hired employees in accordance with its internal personnel regulations, but the relevant employees filed a nullity-of-dismissal lawsuit, and the legal dispute began.
Concerned that, if it could not prove that the dismissal dispositions were legally justified, it would face damages resulting from a judgment of nullity of dismissal and disruption to its internal personnel operations, the company came to a corporate specialist attorney and requested assistance.
2. Statutes Related to Nullity of Dismissal and Methods of Response
Hiring corruption is generally defined as an act of unlawfully intervening in or exerting influence over the hiring process, and it is strictly prohibited not only under Article 5 of the Improper Solicitation and Graft Act, which prohibits improper solicitation, but also under Articles 4-2 and 17 of the Hiring Procedures Act.
▶ Improper Solicitation and Graft Act, Article 5 (Prohibition of Improper Solicitation)
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3. An act of intervening in or exerting influence over personnel matters of a public official or other relevant person, such as recruitment, selection, hiring, promotion, or transfer, in violation of statutes
▶ Hiring Procedures Act, Article 4-2 (Prohibition of Coercion in Hiring, etc.)
ㆍ An act of providing or receiving money, goods, entertainment, or any property benefit in connection with hiring
If, during the hiring process, an act such as a violation of statutes, an improper solicitation, pressure, or the provision of money or entertainment occurs, then, in accordance with Article 17 of the Hiring Procedures Act, an administrative fine of up to 30 million won may be imposed.
However, where a person has already been subject to criminal punishment under the Criminal Act or other statutes, the administrative fine may not be imposed, and where a person is subject to criminal punishment after the imposition of the administrative fine, the existing administrative fine may be revoked.
Methods of Responding to a Nullity-of-Dismissal Lawsuit
When a company is faced with a nullity-of-dismissal lawsuit, it is important first to systematically organize the grounds for dismissal and the supporting materials.
The company must secure objective evidence such as the internal audit report, the hiring evaluation materials, and the minutes of the personnel committee, and must review whether there has been a violation of the Hiring Procedures Act and related statutes.
In addition, the company should analyze the legal issues and precedents to develop the reasoning that can prove the justification of the dismissal disposition and, where necessary, should establish a strategy with the assistance of a specialist attorney.
Through this, the company can minimize unnecessary legal disputes and effectively prove to the court the justification of its exercise of personnel authority and the legitimacy of its operations.
3. Nullity-of-Dismissal Litigation: Assistance of a Corporate Specialist Attorney
The corporate specialist attorneys formed a task force composed of specialist attorneys with extensive practical experience in personnel and labor cases, established a strategy tailored to the client, and provided the following assistance.
Securing Evidence and Organizing the Facts
The corporate specialist attorneys systematically secured key materials such as the internal audit report, the interview evaluation sheets, and the hiring documents, and verified the authenticity and reliability of the materials.
On this basis, they organized in detail the causal relationship between the fact of improper hiring and the ex officio dismissal dispositions, and prepared evidentiary materials for submission to the court.
In addition, they clarified the facts by cross-checking the statements of those involved in the case against the internal records, and structured the materials so that the grounds for dismissal could be objectively proven.
Analysis of Precedents and Legal Principles
The corporate specialist attorneys closely analyzed existing Supreme Court and lower-court precedents and derived the criteria and legal reasoning for judging nullity of dismissal in similar cases.
At the same time, they linked the ex officio dismissal provisions of the company's personnel regulations with the provisions prohibiting improper solicitation under the Improper Solicitation and Graft Act, thereby strengthening the legal grounds for the dismissal disposition.
Through this analysis of the legal principles, they persuasively presented the point that the continued employment of those who had been improperly hired undermined the fairness and trust of the company's operations.
Establishing the Litigation Strategy and Activities for Proof
By requesting the submission of materials from external institutions and the relevant departments, they secured investigation records and internal audit materials, and used them as evidence in the case to prepare for the litigation.
In addition, they elicited testimony from relevant witnesses and reinforced the facts, thereby supporting the justification of the dismissal disposition.
Through this, they proved to the court the justification of the ex officio dismissal disposition and the legality of the company's exercise of its personnel authority.
4. Result of the Nullity-of-Dismissal Litigation Assistance: “Winning the Case”
Ultimately, the court acknowledged that the relevant employees had been hired through improper means and ruled that the company's ex officio dismissal disposition was justified.
Accordingly, the claim of nullity of dismissal was dismissed, and the client was able to conclude the dispute by winning the case.
If You Have Been Faced with a Nullity-of-Dismissal Lawsuit
A legal dispute related to nullity of dismissal does not remain merely a matter of conflict with an employee, but can have a significant impact on the company's personnel operations and the trust within the organization.
In particular, where the grounds for dismissal are complex or difficult to prove with internal materials alone, it is essential to systematically design the legal reasoning and the strategy for proof.
Based on its experience in a wide range of corporate cases, this firm systematically establishes a response strategy from the early stage of a case, strategically secures the necessary evidence, and prepares in advance for the issues that may arise during the litigation.
Through this, the firm supports the company in effectively proving that it exercised its personnel authority lawfully, and in reducing unnecessary legal disputes and risks.
If a dispute related to nullity of dismissal has arisen and you are in a situation requiring legal assistance, we invite you at any time, through 🔗Legal Consultation Reservation, to request our assistance.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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