Daegu attorney recommendation case study | A corporate client who received a Daegu attorney recommendation obtained dismissal of an application for remedy against unfair dismissal

For the client, the Daeryun attorney argued that the dismissal procedure alleged by the plaintiff was not unlawful.

According to Supreme Court precedent, the purpose of treating ‘automatic retirement or removal ex officio due to a criminal conviction’ as a dismissal by nature, and thereby requiring it to satisfy the ‘just cause’ standard under the Labor Standards Act, lies in preventing abuse by the employer.

In the initial review and the reexamination decisions, the Labor Relations Commission, where there is no particular special issue, uses ‘whether the grounds for removal ex officio are justified’ and ‘the procedural justification of the removal ex officio’ as the standards for determining the justification of the removal ex officio as a dismissal.

In addition, the internal regulations of the client's company state ‘confirmation of a sentence of imprisonment without labor or heavier’ as a ground for removal, and since it is clear that the plaintiff received a confirmed sentence of imprisonment with labor with a suspended sentence as a result of the criminal judgment, the attorney emphasized that the notice of dismissal was not unlawful.

The client pointed out that the plaintiff's conviction was the result of the plaintiff's clear fault, not negligence in the course of duties.

The plaintiff was a manager serving as the plant manager at the client's company, which operates a medical device business.

Using the position of that manager, the plaintiff secretly sold products that failed to meet performance testing and certification standards to business partners at low prices, thereby obtaining personal gain.

Through this, the plaintiff had a considerable effect on the company's business operations and reliability, and this is a matter that makes it impossible to continue the employment relationship any longer.

The Daeryun Daegu attorney argued that this was a criminal punishment that occurred due to the plaintiff's clear fault, and that the client's notice of dismissal in response was therefore not unlawful.

On these grounds, the Daeryun Daegu attorney argued that ‘there is just cause for the client's notice of dismissal of the plaintiff, and there is no procedural defect whatsoever in the dismissal,’ and requested dismissal of the claim.

The above case was an instance of assisting a corporate client and having a worker's application for remedy against unfair dismissal dismissed.

In order to respond to a worker's application for remedy against unfair dismissal, it is necessary to secure objective evidence to prove the justification of the grounds for dismissal, and also to seek evidence that can rebut the other party's arguments.

At Daeryun, veteran attorneys with an average of more than 20 years of legal experience, who have served in the courts, the prosecutors' office, and the police, present defense strategies tailored to each client.

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