Department Head Asked Intern "Are You Looking for a Relationship?" and Made Physical Contact... Court Rules Dismissal Justified

Court: "Abuse of Power and Secondary Harm Against Interns"
Central Labor Relations Commission Appeals, Claiming "Dismissal Excessive"... Case to Proceed to Appellate Court

A court has ruled that the dismissal of an employee who repeatedly committed sexual harassment and bullying in the workplace is justified. This first-instance decision overturned the Central Labor Relations Commission's earlier order to cancel the dismissal on the grounds that it was excessive.

A court ruling has affirmed that the dismissal of an employee who repeatedly committed sexual harassment and bullying in the workplace is justified (photo is for article illustration purposes and unrelated to the content).

According to legal sources on November 30, the 12th Administrative Division of the Seoul Administrative Court (Presiding Judge Kang Jaewon) ruled in favor of Korea Real Estate Board in a lawsuit filed against the chairperson of the Central Labor Relations Commission, seeking to overturn the commission's decision to grant relief for unfair dismissal.

Korea Real Estate Board dismissed employee A, who was serving as a department head at the Gangneung branch in 2023, after confirming through an investigation that he had made sexual remarks and engaged in physical contact with a recruitment-type intern and other colleagues in the same department. The investigation report also noted that after the intern reported the misconduct, A responded with comments such as "I want to kill myself," raising concerns about potential secondary harm.

It was found that A made remarks to the intern implying "Are you looking for a sexual relationship?" and exerted undue pressure by mentioning that his evaluation would affect the intern's conversion to a permanent position. He also repeatedly made inappropriate comments to another employee, such as "I'm married but I want to date," and suggested staying overnight, among other improper behaviors.

In the initial review, the Regional Labor Relations Commission dismissed A's relief application, finding his misconduct to be serious. However, the Central Labor Relations Commission only recognized some of A's sexually harassing remarks as grounds for disciplinary action and deemed the dismissal excessive. In response, Korea Real Estate Board filed an administrative lawsuit, arguing that dismissal was appropriate considering the scope and recurrence of the misconduct and A's position.

The court sided with Korea Real Estate Board. The bench found that all acts specified in the investigation report constituted valid grounds for disciplinary action, and rejected the Central Labor Relations Commission's claim of "additional disciplinary grounds." The court also determined that the victims' statements were consistent and sufficiently corroborated by testimonies from colleagues.

The court particularly emphasized the seriousness of sexual remarks and abuse of power directed at employees in vulnerable positions within the organization, such as interns. "Even after considering all circumstances raised by A, the dismissal cannot be considered markedly unfair by social standards," the court stated, adding, "The dismissal is an appropriate measure in line with disciplinary standards."

Additionally, the court stressed that sexual harassment and workplace bullying are serious violations of workers' personal rights and fundamental rights, and that employers have a responsibility to prevent such acts. The bench pointed out, "Strict sanctions are necessary when such misconduct is clearly established."

The Central Labor Relations Commission, dissatisfied with the ruling, has appealed the decision, and the case will proceed to the appellate court.