Hanwoolwon Union Official Suspended After Criticizing 'Nuclear Phase-Out'... 2nd Trial Also Rules "Unfair Personnel Action"

The appellate court also ruled that the dismissal of an executive of the Korea Hydro & Nuclear Power (KHNP) labor union, who was suspended from his position after opposing the Moon Jae-in administration's nuclear phase-out policy, was an 'unfair personnel action.'

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

According to the court on the 2nd, the Seoul High Court Administrative Division 10 (Presiding Judge Seong Su-je) recently dismissed the defendant's appeal in the appeal trial of the cancellation lawsuit against the Central Labor Relations Commission filed by Kang Chang-ho, head of the Wolseong Unit 1 Fair Trial Monitoring Team, regarding unfair suspension from position, ruling partially in favor of the plaintiff as in the first trial.

Earlier, on February 28, 2020, KHNP suspended Kang from his duties as manager of the Core Management Team in the Power Operation Department at Saewool Unit 1 Power Plant under the Saewool Nuclear Headquarters, citing Article 22 of the company's personnel management regulations, stating that he had "greatly damaged the company's honor."

Kang, who was the labor union chairman at Saewool Nuclear Headquarters Saewool Unit 1 Power Plant, held a press conference in early February of that year urging the dismissal of then-KHNP President Jeong Jae-hoon. He 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 former 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 an official letter to KHNP requesting that "special attention be paid to prevent any disadvantages arising from Kang's report," and later instructed to "cancel the suspension and pay the salary that was discriminated against during the suspension period." However, KHNP did not comply and was even fined 20 million won in enforcement penalties.

In relation to this, Kang filed a relief application with the Ulsan Regional Labor Relations Commission, but it was rejected. After the Central Labor Relations Commission also dismissed his request for reconsideration, he filed an administrative lawsuit.

The first trial stated, "It is difficult to see that the plaintiff's expressions of opinion fall under the grounds of 'greatly damaging the company's honor,'" and added, "The suspension was unreasonably prolonged to the extent that it lacks social common sense and is therefore unfair."

At that time, the court emphasized, "The plaintiff's remarks likely stemmed from a public interest context seeking ways to enhance the safety of nuclear power plant operations directly related to public safety," and "The Board of Audit acknowledged some responsibility of former President Jeong for the early shutdown and economic evaluation, and former President Jeong was also indicted on related charges."

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

Meanwhile, following Kang's complaint, former President Jeong was criminally prosecuted for causing approximately 148.1 billion won in damages to KHNP by pushing for the immediate suspension of the Wolseong nuclear power plant based on manipulated economic evaluation results. Former President Jeong is currently undergoing the first trial at the Daejeon District Court along with former Minister of Industry Baek Woon-gyu and former Blue House Industrial Policy Secretary Chae Hee-bong.