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Unfair Dismissal Case Concerning “Disciplinary Severity (Sexual Harassment and Bullying at Private Schools)” (Unfair Dismissal 124)
- Date2026/01/19 04:04
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “disciplinary severity (sexual harassment and bullying at a private school).”
Adjudicating body: Incheon Regional Labor Relations Commission 2025Buhae564 ○ ○ ○ Application for Remedy for Unfair Dismissal
Date of decision: 2025.11.14 · Case outcome: Dismissed
Summary of key issues:
A. Existence of grounds for discipline
The employee’s acts of workplace sexual harassment and bullying, which the employer relied on as grounds for discipline, were recognized as valid grounds for discipline.
1. Legal Implications
Ⅰ. Case Overview
In this case, a private school foundation dismissed a member of its teaching staff for workplace sexual harassment and bullying. The employee claimed that the dismissal constituted unfair dismissal and filed an application for remedy with the Labor Relations Commission. The Incheon Regional Labor Relations Commission examined the existence of grounds for discipline, the appropriateness of the level of discipline (disciplinary severity), and the lawfulness of the disciplinary procedures, and ultimately dismissed the employee’s application for remedy for unfair dismissal.
This decision is a case that illustrates the criteria for determining the legitimacy of dismissal for disciplinary reasons in connection with workplace sexual harassment and bullying in educational institutions. It has important practical significance for those preparing to contest unfair dismissal cases, as well as for Labor Law Firm Law& in its practice.
Ⅱ. Issues
The issue in this case is:
“Whether a dismissal for disciplinary reasons imposed on a private school employee for workplace sexual harassment and bullying constitutes unfair dismissal when the existence of grounds for discipline, the level of disciplinary severity, and the disciplinary procedures under the Private School Act are considered comprehensively.”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case found that the facts of workplace sexual harassment and bullying asserted by the employer were established; that the nature and pattern of the sexual harassment and bullying were not minor; that the employee continued to offer unconvincing excuses thereafter; that, as an educational institution, a higher level of ethical awareness and morality is required of its officers and employees than in ordinary companies; and that, given the structure of a school foundation, there were special circumstances making it practically difficult to choose a disciplinary measure that would maintain employment through transfer or reassignment instead of dismissal.
In light of the above, the panel held that the dismissal in this case could not be regarded as having clearly lost its reasonableness according to social norms, nor as an abuse or overstepping of the disciplinary authority’s discretion.
In addition, the panel found that there were no serious defects in the disciplinary procedures, noting that, in accordance with the Private School Act and related laws, a Personnel Committee had been convened and the employee had been given an opportunity to explain and defend against the alleged disciplinary charges.
Ⅳ. Practical Points (From the Employee’s Perspective)
From the employee’s standpoint, if workplace sexual harassment or bullying is found to have occurred—particularly in organizations such as educational or medical institutions where a high level of ethics is required—dismissal for disciplinary reasons may be recognized as a legitimate measure. It is important to accurately organize the facts from the stage when sexual harassment is first raised as an issue, and to manage one’s statements and attitude carefully during the investigation and disciplinary process. If disciplinary action has already been imposed, it is advisable to work with experts such as Labor Law Firm Law& to closely examine the possibility of remedy, focusing on whether the grounds for discipline are factually established, the repetitiveness and seriousness of the conduct, and efforts to remedy the harm.
Ⅴ. Practical Points (From the Employer’s/School Foundation’s Perspective)
From the perspective of the employer or school foundation, when workplace sexual harassment or bullying occurs, it is important to thoroughly investigate the facts and take measures to protect the victim, while clearly specifying the grounds for discipline and strictly complying with prescribed procedures such as convening a Personnel Committee. In workplaces such as educational institutions, where high ethical standards are required, the level of discipline should be determined comprehensively in light of the nature, degree, and repetitiveness of the misconduct, the perpetrator’s attitude, and the impact on organizational culture and the trust of students and parents. At the same time, employers should review and refine work rules and disciplinary standards in advance so that dismissal for disciplinary reasons is not evaluated as excessively harsh according to social norms.
2. Matters Adjudicated
A. Case Overview and Procedural History
A. Existence of grounds for discipline
The employee’s acts of workplace sexual harassment and bullying, which were relied on as grounds for discipline, are recognized as valid grounds for discipline.
B. Appropriateness of the level of discipline (disciplinary severity)
Considering the nature and pattern of the employee’s acts of workplace sexual harassment and bullying and the employee’s subsequent conduct of consistently offering unconvincing excuses; the fact that, as an educational institution, a higher level of ethical awareness and morality is required of its officers and employees than in ordinary companies; and the special circumstances of the employer as a school foundation, which cannot realistically determine disciplinary measures on the premise of maintaining the employment relationship through transfer or reassignment to other duties instead of dismissal, it is difficult to view the disciplinary authority’s decision as having clearly lost its reasonableness according to social norms or as a departure from or abuse of its discretionary power.
C. Lawfulness of the disciplinary procedures
In accordance with the Private School Act and related laws, a Personnel Committee was convened and the employee was given an opportunity to explain and defend against the alleged disciplinary acts, and thus there were no defects in the disciplinary procedures.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
A. Existence of grounds for discipline
The employee’s acts of workplace sexual harassment and bullying, which were relied on as grounds for discipline, are recognized as valid grounds for discipline.
B. Appropriateness of the level of discipline (disciplinary severity)
Considering the nature and pattern of the employee’s acts of workplace sexual harassment and bullying and the employee’s subsequent conduct of consistently offering unconvincing excuses; the fact that, as an educational institution, a higher level of ethical awareness and morality is required of its officers and employees than in ordinary companies; and the special circumstances of the employer as a school foundation, which cannot realistically determine disciplinary measures on the premise of maintaining the employment relationship through transfer or reassignment to other duties instead of dismissal, it is difficult to view the disciplinary authority’s decision as having clearly lost its reasonableness according to social norms or as a departure from or abuse of its discretionary power.
C. Lawfulness of the disciplinary procedures
In accordance with the Private School Act and related laws, a Personnel Committee was convened and the employee was given an opportunity to explain and defend against the alleged disciplinary acts, and thus there were no defects in the disciplinary procedures. /
[See More Related Decisions]
- “Unfair Dismissal Decision Concerning ‘Expression of Intent to Resign (Resignation Remark During Telephone Call)’”
- “Unfair Dismissal Decision Concerning ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of decision: – Case number: Dismissed
- “Unfair Dismissal Decision Concerning ‘Non-Formation of Conditional Offer of Employment (Absence of Offer Letter)’” – Date of decision: – Case number: Initial decision upheld
[Tags]
Unfair dismissal, disciplinary severity (sexual harassment and bullying at private schools), dismissal for disciplinary reasons, workplace bullying, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous article, “Unfair Dismissal Decision Concerning ‘Excessive Disciplinary Severity (Violation of Prohibition on Side Business)’,” in a new window.
※ The list of decisions related to disciplinary severity (sexual harassment and bullying at private schools) can be viewed together in the “List of Decisions Related to Disciplinary Severity (Sexual Harassment and Bullying at Private Schools).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “disciplinary severity (sexual harassment and bullying at a private school).”
Adjudicating body: Incheon Regional Labor Relations Commission 2025Buhae564 ○ ○ ○ Application for Remedy for Unfair Dismissal
Date of decision: 2025.11.14 · Case outcome: Dismissed
Summary of key issues:
A. Existence of grounds for discipline
The employee’s acts of workplace sexual harassment and bullying, which the employer relied on as grounds for discipline, were recognized as valid grounds for discipline.
1. Legal Implications
Ⅰ. Case Overview
In this case, a private school foundation dismissed a member of its teaching staff for workplace sexual harassment and bullying. The employee claimed that the dismissal constituted unfair dismissal and filed an application for remedy with the Labor Relations Commission. The Incheon Regional Labor Relations Commission examined the existence of grounds for discipline, the appropriateness of the level of discipline (disciplinary severity), and the lawfulness of the disciplinary procedures, and ultimately dismissed the employee’s application for remedy for unfair dismissal.
This decision is a case that illustrates the criteria for determining the legitimacy of dismissal for disciplinary reasons in connection with workplace sexual harassment and bullying in educational institutions. It has important practical significance for those preparing to contest unfair dismissal cases, as well as for Labor Law Firm Law& in its practice.
Ⅱ. Issues
The issue in this case is:
“Whether a dismissal for disciplinary reasons imposed on a private school employee for workplace sexual harassment and bullying constitutes unfair dismissal when the existence of grounds for discipline, the level of disciplinary severity, and the disciplinary procedures under the Private School Act are considered comprehensively.”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The panel in this case found that the facts of workplace sexual harassment and bullying asserted by the employer were established; that the nature and pattern of the sexual harassment and bullying were not minor; that the employee continued to offer unconvincing excuses thereafter; that, as an educational institution, a higher level of ethical awareness and morality is required of its officers and employees than in ordinary companies; and that, given the structure of a school foundation, there were special circumstances making it practically difficult to choose a disciplinary measure that would maintain employment through transfer or reassignment instead of dismissal.
In light of the above, the panel held that the dismissal in this case could not be regarded as having clearly lost its reasonableness according to social norms, nor as an abuse or overstepping of the disciplinary authority’s discretion.
In addition, the panel found that there were no serious defects in the disciplinary procedures, noting that, in accordance with the Private School Act and related laws, a Personnel Committee had been convened and the employee had been given an opportunity to explain and defend against the alleged disciplinary charges.
Ⅳ. Practical Points (From the Employee’s Perspective)
From the employee’s standpoint, if workplace sexual harassment or bullying is found to have occurred—particularly in organizations such as educational or medical institutions where a high level of ethics is required—dismissal for disciplinary reasons may be recognized as a legitimate measure. It is important to accurately organize the facts from the stage when sexual harassment is first raised as an issue, and to manage one’s statements and attitude carefully during the investigation and disciplinary process. If disciplinary action has already been imposed, it is advisable to work with experts such as Labor Law Firm Law& to closely examine the possibility of remedy, focusing on whether the grounds for discipline are factually established, the repetitiveness and seriousness of the conduct, and efforts to remedy the harm.
Ⅴ. Practical Points (From the Employer’s/School Foundation’s Perspective)
From the perspective of the employer or school foundation, when workplace sexual harassment or bullying occurs, it is important to thoroughly investigate the facts and take measures to protect the victim, while clearly specifying the grounds for discipline and strictly complying with prescribed procedures such as convening a Personnel Committee. In workplaces such as educational institutions, where high ethical standards are required, the level of discipline should be determined comprehensively in light of the nature, degree, and repetitiveness of the misconduct, the perpetrator’s attitude, and the impact on organizational culture and the trust of students and parents. At the same time, employers should review and refine work rules and disciplinary standards in advance so that dismissal for disciplinary reasons is not evaluated as excessively harsh according to social norms.
2. Matters Adjudicated
A. Case Overview and Procedural History
A. Existence of grounds for discipline
The employee’s acts of workplace sexual harassment and bullying, which were relied on as grounds for discipline, are recognized as valid grounds for discipline.
B. Appropriateness of the level of discipline (disciplinary severity)
Considering the nature and pattern of the employee’s acts of workplace sexual harassment and bullying and the employee’s subsequent conduct of consistently offering unconvincing excuses; the fact that, as an educational institution, a higher level of ethical awareness and morality is required of its officers and employees than in ordinary companies; and the special circumstances of the employer as a school foundation, which cannot realistically determine disciplinary measures on the premise of maintaining the employment relationship through transfer or reassignment to other duties instead of dismissal, it is difficult to view the disciplinary authority’s decision as having clearly lost its reasonableness according to social norms or as a departure from or abuse of its discretionary power.
C. Lawfulness of the disciplinary procedures
In accordance with the Private School Act and related laws, a Personnel Committee was convened and the employee was given an opportunity to explain and defend against the alleged disciplinary acts, and thus there were no defects in the disciplinary procedures.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Reasoning
A. Existence of grounds for discipline
The employee’s acts of workplace sexual harassment and bullying, which were relied on as grounds for discipline, are recognized as valid grounds for discipline.
B. Appropriateness of the level of discipline (disciplinary severity)
Considering the nature and pattern of the employee’s acts of workplace sexual harassment and bullying and the employee’s subsequent conduct of consistently offering unconvincing excuses; the fact that, as an educational institution, a higher level of ethical awareness and morality is required of its officers and employees than in ordinary companies; and the special circumstances of the employer as a school foundation, which cannot realistically determine disciplinary measures on the premise of maintaining the employment relationship through transfer or reassignment to other duties instead of dismissal, it is difficult to view the disciplinary authority’s decision as having clearly lost its reasonableness according to social norms or as a departure from or abuse of its discretionary power.
C. Lawfulness of the disciplinary procedures
In accordance with the Private School Act and related laws, a Personnel Committee was convened and the employee was given an opportunity to explain and defend against the alleged disciplinary acts, and thus there were no defects in the disciplinary procedures. /
[See More Related Decisions]
- “Unfair Dismissal Decision Concerning ‘Expression of Intent to Resign (Resignation Remark During Telephone Call)’”
- “Unfair Dismissal Decision Concerning ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of decision: – Case number: Dismissed
- “Unfair Dismissal Decision Concerning ‘Non-Formation of Conditional Offer of Employment (Absence of Offer Letter)’” – Date of decision: – Case number: Initial decision upheld
[Tags]
Unfair dismissal, disciplinary severity (sexual harassment and bullying at private schools), dismissal for disciplinary reasons, workplace bullying, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous article, “Unfair Dismissal Decision Concerning ‘Excessive Disciplinary Severity (Violation of Prohibition on Side Business)’,” in a new window.
※ The list of decisions related to disciplinary severity (sexual harassment and bullying at private schools) can be viewed together in the “List of Decisions Related to Disciplinary Severity (Sexual Harassment and Bullying at Private Schools).”
※ Korean version of this case: Korean article
