Central Labor Commission Orders "Payment of Wages During Dismissal Period"
An employee of Korea Railroad Corporation (KORAIL) who was dismissed for unauthorized access to personal information of RM, a member of the group BTS, has been reinstated after a retrial.
According to the retrial ruling by the Central Labor Relations Commission (hereinafter 'CLRC') on Mr. A, obtained by the office of Kim Du-kwan, a member of the Democratic Party of Korea, from KORAIL on the 22nd, the CLRC ordered on the 14th of last month that Mr. A be reinstated and paid the wages he would have earned during the dismissal period if he had worked normally.
Mr. A, who was in charge of IT development at KORAIL, collected personal information such as RM's address, mobile phone number, and ticket issuance details 18 times over three years from 2019, and also accessed other employees' personal information without authorization, leading to his dismissal in April. At that time, KORAIL conducted an audit following reports from other employees that Mr. A had said things like "I checked RM's reservation details and saw the actual person" and "I informed a friend of ticket information so they could book a nearby seat." During the audit, Mr. A reportedly said, "I am a fan of RM and accessed the information out of personal curiosity," and "I regret my wrongdoing." However, KORAIL resolved to dismiss Mr. A, who was referred to the disciplinary committee for 'violation of duty to maintain dignity.'
Mr. A immediately filed for a retrial against the dismissal. The first retrial dismissed the claim, stating, "Mr. A's misconduct is serious and intentional." However, this decision was overturned by the CLRC.
CLRC: "Mr. A's Dismissal Due to RM's Fame"
The CLRC explained, "KORAIL used multiple media reports about unauthorized access to RM's personal information as a basis for Mr. A's dismissal decision, but this seems to be due to RM's fame rather than Mr. A's misconduct." It added, "Considering that KORAIL has never dismissed an employee for violating the Personal Information Protection Act in other cases, dismissing Mr. A is also unfair in terms of equity." Accordingly, Mr. A was able to be reinstated.
Meanwhile, after Mr. A's case, KORAIL introduced a new strategy to strengthen personal information protection. A new procedure requires entering the reason for inquiry every time personal information is searched on the internal network. This is to prevent indiscriminate and illegal access to personal information, and if a specific customer is repeatedly searched, the reason will be verified. Also, prior approval must be obtained when accessing large amounts of personal information.
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