Dismissal of Whistleblower Activist Ruled Invalid... Court Says "No Grounds for Disciplinary Action"

A public interest activist who was dismissed after a conflict with an organization triggered by 'internal whistleblowing' has won a civil lawsuit.

The 13th Civil Division of the Gwangju District Court (Presiding Judge Jung Youngho) announced on the 31st that it had ruled in favor of the plaintiff in a lawsuit filed by Mr. Kim against Corporation A seeking confirmation that the dismissal was invalid.

Mr. Kim had worked as an activist at an organization affiliated with Corporation A that supports women who are victims of prostitution. However, in September 2020, he held a press conference to expose internal issues, including abusive behavior by the director, which led to his referral to the personnel committee. The organization imposed a three-month suspension on Mr. Kim, citing damage to the corporation's reputation.

Mr. Kim filed for relief, claiming the disciplinary action was unfair, and both the local and central labor commissions ruled in his favor. Although the organization also revoked his membership along with the disciplinary action, after a legal dispute, Mr. Kim's membership was reinstated.

As grounds for the recent dismissal, the organization cited alleged human rights violations by Mr. Kim against facility residents and users. However, the court found that "there is no evidence to recognize that the plaintiff committed human rights violations," and ruled that "this cannot be considered a valid reason for dismissal." The court also stated, "The grounds for dismissal are similar to or overlap with the previous disciplinary action or membership revocation," adding, "It is even more difficult to recognize the legitimacy of the dismissal."