A Monk Fired by Text Message from Temple... "Monks Are Workers Earning 3 Million Won Monthly, Unfair Dismissal"

Court: "Deputy Head is a Worker... Violation of the Labor Standards Act"

The court ruled that the temple's dismissal of the deputy head monk via text message was an unfair dismissal. This is because the deputy head monk is considered a worker providing labor.

According to the legal community on the 9th, the Seoul Administrative Court Administrative Division 3 (Chief Judge Choi Su-jin) ruled against Foundation A in a lawsuit seeking to cancel the Central Labor Relations Commission's ruling on unfair dismissal relief.

In June 2022, the foundation notified Monk B, the deputy head monk of a temple in Seoul affiliated with the foundation, of his dismissal via text message. It was reported that Monk B received the dismissal notice on the grounds of disobeying an eviction order and damaging the dignity of monks and the foundation's reputation through abusive language.

Monk B applied for relief from unfair dismissal to the Seoul Regional Labor Relations Commission, which was dismissed, and then received a retrial ruling from the Central Labor Relations Commission. The Central Labor Relations Commission is a quasi-judicial administrative body composed of three parties: labor, management, and public interest. The commission overturned the initial ruling by the Seoul Regional Labor Relations Commission and recognized the dismissal as unfair in April.

In response, the foundation argued, "Monk B is not a worker under the Labor Standards Act, so it cannot be considered an unfair dismissal." The 3 million won paid monthly to Monk B was a 'Boseum' (alms money) to support the monk's religious life, and Monk B was not under the foundation's direction or supervision when working, nor were working hours or locations separately designated, so he was not a worker.

However, the Central Labor Relations Commission judged that although Monk B's duties partly contributed to his personal religious cultivation, they fundamentally constituted labor to operate the temple under the foundation's direction and supervision. The commission cited as grounds for considering him a worker that Monk B reported the temple's administrative tasks to the foundation and received a regular and fixed monthly payment of 3 million won.

The foundation filed a lawsuit against the commission's ruling, but the court also ruled, "Monk B is a worker who provides labor under the foundation's direction and supervision for wages."

The court explained, "Monk B performed temple management and administrative duties as the deputy head monk and acting head monk according to the tasks set by the foundation, and when Monk B reported the work details to the foundation's executives, the executives sometimes gave specific instructions," adding, "Even if the money Monk B received was in the form of Boseum, it was ultimately paid as compensation for performing temple management and administrative duties."

Furthermore, the court added, "Notifying worker Monk B of dismissal via text message violated the obligation to provide written notice of dismissal reasons under the Labor Standards Act."