Transfer from Paju to Naju After Workplace Harassment Report... Court Rules "Unfair Due to Significant Daily Life Disadvantages"

"No Justification for Transferring to Naju
When There Are 13 Branches in the Seoul Metropolitan Area"

A court has ruled that the Korea District Heating Corporation’s decision to transfer an employee 280 kilometers away from their original workplace due to a workplace harassment report was unjust.

According to the legal community on the 17th, the 11th Administrative Division of the Seoul Administrative Court (Presiding Judge Kim Junyoung) ruled against the Korea District Heating Corporation in its lawsuit against the chairperson of the Central Labor Relations Commission, seeking to overturn the commission’s decision to grant relief for an unfair transfer.

Employee A, who joined the company in 2006 and was working in the Customer Support Department at the Paju branch, was reported as a perpetrator of workplace harassment by five colleagues in December of last year. The corporation’s audit office requested a separation measure to protect the victims, and the company transferred A to the Gwangju-Jeonnam branch in Naju, Jeollanam-do, the next day, on December 21.

A applied for relief with the Gyeonggi Regional Labor Relations Commission, arguing that a remote transfer was an excessive disadvantage when the facts of the alleged workplace harassment had not been confirmed. The commission found the transfer to be unfair, citing procedural deficiencies and disadvantages in daily life. When the Central Labor Relations Commission also dismissed the corporation’s appeal for the same reasons, the company filed a lawsuit with the court.

However, the court upheld the decisions of both the union and the Central Labor Relations Commission. The court stated, “While it is understandable that a separation from the complainants was necessary, there is no evidence that other temporary measures, such as placing the employee on standby, were considered, and the facts of the harassment had not been confirmed at the time of transfer.” The court further explained, “When comparing the business necessity with the disadvantage to the employee, it is difficult to recognize the legitimacy of the transfer.”

The court also rejected the corporation’s argument that the transfer was justified based on the employee’s local ties (hometown and university in Jeonnam). The court noted that the employee did not meet the criteria for remote placement, and with 13 branches in the Seoul metropolitan area where the employee could have been assigned, it was not unavoidable to transfer the employee to a specific branch.

The court also recognized significant disadvantages in daily life. The court stated, “While the previous commute to Paju was 80 kilometers round trip, the transfer to Naju made the commute 280 kilometers, effectively making commuting impossible.” The court added, “Considering the increased burden of housing and transportation costs, as well as the decline in quality of life, this exceeds the level of disadvantage that can normally be tolerated.”