[Exclusive] Suspended for Criticizing 'Nuclear Phase-Out'... Court Orders Reinstatement of Korea Hydro & Nuclear Power Union Official

"Criticism of President Jeong Jae-hoon and Others... Statements in a Public Interest Context"

Wolseong Nuclear Power Plant, Yangnam-myeon, Gyeongju-si, Gyeongbuk [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] Kang Chang-ho, chairman of the Saewool 1 Power Plant labor union at Korea Hydro & Nuclear Power’s Saewool Nuclear Power Headquarters, who was suspended from his position for opposing the Moon Jae-in administration’s nuclear phase-out policy, has been vindicated by the court.

According to the court on the 4th, the Seoul Administrative Court Administrative Division 14 (Presiding Judge Lee Sang-hoon) recently ruled partially in favor of Kang in the first trial of his lawsuit seeking cancellation of the unfair suspension and other relief against the Central Labor Commission’s decision.

Earlier, on February 28, 2020, KHNP suspended Kang from his position as manager of the Core Management Team in the Power Operation Department at Saewool 1 Power Plant’s Operations Office, citing Article 22 of the company’s personnel management regulations, stating that he had "greatly damaged the company’s reputation."

In early February of the same year, Kang held a press conference urging the dismissal of KHNP President Jeong Jae-hoon and stated that "the audit office chief, who was under extreme stress due to unfair orders, died of a cerebral hemorrhage," and that "forced personnel transfers excluding expertise threaten the lives and safety of the public." He also filed a complaint against President Jeong and others, claiming that the early shutdown decision of Wolseong Unit 1 was a breach of duty against the company.

The Anti-Corruption and Civil Rights Commission sent a letter to KHNP requesting "special attention to ensure that Kang does not suffer any disadvantages due to his whistleblowing," and later instructed to "cancel the suspension and pay the wages that were discriminated against during the suspension period." However, KHNP did not comply and was fined 20 million won in enforcement penalties, only temporarily lifting the suspension on May 25 of last year.

Kang applied for relief to the Ulsan Regional Labor Commission regarding this matter, but his request was rejected. After his appeal to the Central Labor Commission was also dismissed, he turned to the Administrative Court.

The court stated, "The plaintiff’s various expressions of opinion are difficult to see as falling under the grounds of 'greatly damaging the company’s reputation' as stipulated," and that "the suspension was unfair as it was carried out for an unreasonably long period without social rationality."

The court emphasized that "the plaintiff’s statements likely stemmed from a public interest context, seeking ways to enhance the safety of nuclear power plant operations directly related to public safety," and added, "the Board of Audit acknowledged some responsibility of President Jeong for the early shutdown and economic evaluation, and President Jeong was also indicted on related charges." President Jeong is currently on trial for criminal charges related to causing approximately 148.1 billion won in damages to KHNP by pushing for the immediate suspension of Wolseong Nuclear Power Plant based on manipulated economic evaluation results.

Furthermore, the court noted, "Even if there were some incorrect causal assessments and inappropriate expressions, it is difficult to conclude that KHNP’s reputation was greatly damaged," and added that "extending the suspension vaguely on the grounds that 'the reason for suspension has not disappeared' without providing an opportunity to explain or specific reasons constitutes an abuse of personnel discretion."

Kim Gisu, the lawyer representing Kang, said, "The ruling that it was illegal to unfairly keep a whistleblower suspended for a long period is significant," and added, "It is fortunate that the court corrected what the Central Labor Commission and others failed to do, as relief could have been provided at those stages."