Employees Who Refused to Work After Resignation Notice Found 'Not Guilty' of Obstruction of Business

Court: "Not Considered Business Obstruction"
Freedom to Resign and Choose Occupation Recognized

Employees who did not report to work after notifying their resignation were prosecuted on charges of business obstruction, but the court ruled in their favor. Both the first and second trials resulted in not-guilty verdicts, marking a decision that upholds the freedom to resign and choose one's occupation.

According to the legal community on the 7th, the Gwangju High Court Criminal Division 4 dismissed the prosecution's appeal and upheld the not-guilty verdict from the first trial for four individuals, including A (25), who were charged with business obstruction.

They were working as branch managers at a mobile phone sales agency when, in May 2022, they protested to the store operator, B, about differential wage payments and unpaid health insurance premiums for employees. When their demands for a pay raise were not met, they expressed their intention to resign. They were accused of obstructing business by not coming to work for two days afterward.

Both the first and second trial courts stated, "Workers have the fundamental right to collective action, and strikes do not always constitute the crime of business obstruction," and added, "It is difficult to see that the defendants' actions, although carried out at an unpredictable time, caused confusion or damage to the company's operations."

The court further stated, "The freedom to choose one's occupation includes the freedom to leave a job," and added, "If a simple collective resignation is viewed as business obstruction, there is a risk of infringing on constitutionally guaranteed fundamental rights."