Employee Disciplined and Dismissed for Illegal Eavesdropping
Rights Commission's "Dismissal Cancellation" Decision Challenged in Administrative Lawsuit
The former chairman of Korea Future Technology, Yang Jin-ho, who was sentenced to prison for bizarre abuse and assault on employees, filed an administrative lawsuit seeking to cancel the Korea Anti-Corruption and Civil Rights Commission's (KCRC) order to protect a whistleblower who exposed illegal activities, but lost the case.
On the 8th, the Administrative Court of Seoul, Administrative Division 4 (Presiding Judge Kim Jeong-jung) ruled against the plaintiff in the lawsuit filed by Korea Internet Technology Institute (KITI) to cancel the protection order issued by the KCRC, according to Yonhap News Agency. KITI is the holding company of the companies owned by Mr. Yang.
Yang Jin-ho, chairman of Korea Future Technology, who was arrested and indicted on six charges including special rape, coercion, habitual assault, violation of the Narcotics Control Act (marijuana), violation of the Animal Protection Act, and violation of the Act on the Safety Control of Firearms, Swords, and Explosives, is coming out after the first trial held at the Seongnam branch of Suwon District Court in January 2019. [Photo by Yonhap News]
Mr. A, an employee of KITI, is the whistleblower who exposed illegal wiretapping of employees by Mr. Yang. After this fact became known, KITI suspended Mr. A's position and placed him on standby in November 2018. In response to this decision, Mr. A applied for protection from the KCRC, which recognized his claim and demanded that KITI restore Mr. A's disadvantages to their original state. However, KITI did not accept this and dismissed Mr. A in January 2020 after a disciplinary committee hearing.
In response, the KCRC decided in 2022 that "Korea Internet Technology Institute must cancel the disciplinary dismissal and pay Mr. A the amount corresponding to the reduced wages." Dissatisfied with this decision, KITI filed an administrative lawsuit. KITI argued that Mr. A violated employment rules by unauthorized external work and holding concurrent positions, constituting grounds for disciplinary dismissal.
However, the court stated, "It is reasonable to consider that Mr. A conducted external work related to the investigation of the whistleblowing with the plaintiff’s tacit consent," and "Considering that after the whistleblowing, his salary was reduced and he was evicted from company housing, causing severe financial difficulties, there are mitigating circumstances regarding the concurrent positions," rejecting the company's claims. Furthermore, KITI argued that "the KCRC's demand to pay the reduced wages is legally impossible," but the court dismissed this as well, stating, "The Enforcement Decree of the Whistleblower Protection Act stipulates standards for payment of withheld wages, so payment can be made based on this or deposited with the court."
Mr. Yang is currently serving a five-year prison sentence confirmed by the Supreme Court in April 2021 for charges including assaulting company employees and forcing them to perform bizarre acts such as shooting live chickens with arrows or striking them with Japanese swords. Additionally, in June last year, he received an additional two-year prison sentence for embezzling 9.25 billion KRW of company funds and lending it to his spouse without collateral, causing damage to the company.
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