An employee who embezzled a colleague's severance pay filed a lawsuit claiming that dismissal was unfair after receiving a disciplinary committee attendance notice only one day prior, but the claim was rejected.
The 12th Division of the Seoul Administrative Court (Presiding Judge Kang Jaewon) dismissed the plaintiff A's request in the unfair dismissal relief reconsideration cancellation lawsuit (2024GuHap57149) filed against the Central Labor Commission. It was ruled that A's dismissal was justified.
A had worked as the secretary-general at a facility under the Korea Disabled Persons Association, a non-profit organization, since January 12, 2009. While handling retirement pension duties, it was revealed that the severance pay of D, a disabled worker, had been improperly received. The investigation found that after D's retirement pension was terminated, money was transferred from D's account to A's account, and there was also a loan under D's name.
In response, A submitted a statement acknowledging that during the process of managing the victim's financial difficulties, he became credit-impaired, took out a loan under D's name, and used the severance pay through early settlement. Subsequently, the association conducted an internal investigation, ordered A's suspension from work, and decided on dismissal through the personnel committee.
A claimed that his right to defense was violated during the dismissal process, arguing that the disciplinary committee attendance notice did not arrive three days prior as stipulated in the employment regulations, and that he was not given sufficient opportunity to explain.
However, the court stated, "Considering that A was under a home standby order during working hours and that the mail was delivered normally, it is reasonable to conclude that the personnel committee attendance notice was properly delivered," and "A receiving the attendance notice one day before the personnel committee meeting is due to A's circumstances and cannot be attributed to the association."
Furthermore, the court pointed out, "A embezzled a significant amount by repeatedly taking loans using the victim D's name, early settlement of severance pay, and cancellation of savings deposits," and "he forged and altered several documents during this process, for which a guilty verdict has been confirmed."
The court added, "A intentionally caused harm to a victim in need of help, severely violating basic professional ethics, and the illegality and blameworthiness are very high," and "due to A's actions damaging the external reputation of the facility and considering his prior two-month suspension in 2023 for a 'workplace harassment' incident, the dismissal cannot be regarded as socially unreasonable."
Reporter An Jaemyung, Legal Newspaper
※This article is based on content supplied by Law Times.
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