The court ruled that the dismissal of a team leader who frequently verbally abused and cursed team members, always used informal language when addressing other team members, and even committed sexual harassment was justified. While the first trial considered the dismissal excessive, the appellate court overturned this decision.
The Seoul High Court Civil Division 15 (Presiding Judge Yoon Kang-yeol, Judges Jeong Hyun-kyung and Song Young-bok) on the 23rd overturned the first trial ruling in favor of plaintiff A in the appeal lawsuit filed by A against company B for confirmation of invalidity of dismissal, ruling in favor of the defendant (2023Na2032489).
A, who joined company B as an experienced hire in 2019, served as the team leader of a team consisting of six members. As the team leader, he was in a position to determine the content and direction of the team members' tasks and evaluate the team members.
In April 2021, team member C of the team reported grievances about A to the HR team, which then interviewed three other team members and heard statements consistent with C's account. Subsequently, investigations were conducted involving a total of seven people, including the legal team and employees from other departments, initiating the grievance handling procedure.
At that time, A was found to have frequently used verbal abuse such as saying "Are you crazy?" to team members and always used informal language when addressing other team members, calling them "that guy" or "that bastard." It was also revealed that he constantly used curse words during work or meals.
The disciplinary committee of company B unanimously decided to dismiss A, and the company dismissed A around June 2021 for workplace harassment and sexual harassment. Specifically, the reasons included verbal abuse and cursing toward team members, unreasonable or unnecessary work instructions to team members, acts that hindered company work and performance creation (frequent project reversals, arbitrary work decisions, etc.), inappropriate physical contact with team members, and sexual harassment remarks.
The first trial acknowledged the disciplinary reasons but judged the dismissal as an abuse of disciplinary authority and thus invalid. However, the appellate court found the dismissal of A to be justified and overturned the first trial ruling.
The court ruled that A's actions constituted workplace harassment and that the company's dismissal was not an abuse or deviation of disciplinary discretion.
The court stated, "A's actions constitute 'continuous and repetitive cursing or verbal abuse,' which qualifies as workplace harassment," and added, "Objectively, these acts cause sexual humiliation or disgust to an average person in a similar position, constituting 'workplace sexual harassment' prohibited under the Act on Equal Employment and Support for Work-Family Reconciliation." It further explained, "Verbal abuse, cursing, inappropriate physical contact, and sexual harassment remarks toward team members fall under 'workplace harassment' prohibited by the Labor Standards Act and company B's employment regulations," and "Considering that A even committed workplace sexual harassment, the degree of misconduct is very serious and highly blameworthy."
The court also noted, "An intern who worked in the team testified that 'the biggest reason for leaving was A,' indicating that many employees suffered mental distress due to A," and stated, "Workplace harassment negatively affects other employees' work attitudes, and since the employer cannot change work assignments or duties, it is necessary to separate the perpetrator from the affected employees."
Furthermore, the court ruled, "If an employer neglects or fails to take appropriate measures regarding workplace harassment or sexual assault, it not only adversely affects employees' morale and trust but may also result in liability for damages to the victimized employees."
Reporter Han Su-hyun, Legal Times
※This article is based on content supplied by Law Times.
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