Pregnant Employee Told "Leave Within 3 Days"... Travel Agency CEO Fined Again in Second Trial

[Asia Economy Reporter Kim Daehyun] A travel agency CEO who told a female manager-level employee to "leave within three days" after learning of her pregnancy was sentenced to a fine of 2 million won in the second trial, the same as in the first trial.

According to the legal community on the 5th, Kim Yangseop, presiding judge of the Criminal Appeal Division 4-1 at the Seoul Central District Court, recently ruled in the appeal trial of travel agency CEO A (37, male), who was indicted for violating the Labor Standards Act and the Act on Equal Employment and Support for Work-Family Reconciliation.

Earlier, A was prosecuted on charges including telling manager B, who was pregnant, "leave in three days" after learning of her pregnancy in May 2018. It was investigated that he withdrew his intention to dismiss after B filed a complaint with the Labor Office the next day and had her withdraw it.

A is also charged with unfair dismissal of B, who was on maternity leave, by rewriting the contract to shorten the period from the originally contracted March 31, 2019, to October 31, 2018, just before the maternity leave, claiming that the existing labor contract was not a standard form.

A denied all charges in court. His side argued that "the trust relationship was broken because B refused the defendant's earnest request to postpone enrollment in the four major social insurances," and that "the place where the words 'leave' were spoken was not the office."

The court pointed out, "Enrollment in the four major social insurances is mandatory reporting by the employer," and "the fact that B refused the proposal cannot justify unfair treatment." Furthermore, it stated, "(The outdoor table inside the company where the problematic remark was made) is within the company, and making such remarks in front of other employees during working hours itself constitutes unfavorable treatment," and "the crime is serious as it involves discriminatory treatment against a female employee due to pregnancy, and even in this appeal, the defendant blames the employee and is preoccupied with self-justification, showing no sincere reflection on the wrongdoing."

The first trial also pointed out, "Generally, employers hold a superior position over employees, and if they make remarks suggesting dismissal even temporarily in the workplace, it is appropriate to consider such remarks as subject to legal judgment, even if they do not lead to legally effective measures."

However, both the first and second trials acquitted the charge of unfair dismissal. The clause in the contract stating 'In case of application for maternity leave or parental leave during the labor contract period, the leave period will be counted from the application date as a normal leave period' was judged not to imply automatic extension of the labor contract period unless the start of leave and how to handle the contract period are clearly stated.