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Extinction of Interest in Relief (Notice of Disciplinary Cancellation) in Unfair Dismissal Decisions (Unfair Dismissal 149)
- Date2026/01/26 04:08
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[Case Information]
This case is a decision in which the employer prevailed (dismissal of the application) on the issue of “extinction of interest in relief (notice of disciplinary cancellation).”
Decision Committee: Seoul Regional Labor Relations Commission 2025Buhae9310 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2025.12.23 · Case result: Dismissed
Summary of key issues: (i) The employer stated in the notice of disciplinary cancellation that “the warning disposition is retroactively null and void, and it shall be deemed that there exists no disciplinary fact whatsoever in respect of the employee”; (ii) the employer testified at the hearing that the disciplinary action was cancelled irrespective of whether the employee qualifies as a “worker” under the Labor Standards Act; (iii) not only had the disciplinary action already been cancelled, but no subsequent measures or disadvantages based on the discipline were identified. In light of these factors, the Commission held that the purpose of the application for remedy had been achieved through the disciplinary cancellation, and thus…
1. Legal Implications
Ⅰ. Case Overview
In this case, the employee filed an application for remedy for unfair dismissal against the employer’s disciplinary action. However, during the hearing before the Labor Relations Commission, the employer completely cancelled the disciplinary action, which then became the central issue in dispute. The Seoul Regional Labor Relations Commission examined the content of the notice of disciplinary cancellation and the existence of any subsequent disadvantages, and rendered its decision focusing on whether any interest in relief remained in relation to the application for remedy for unfair dismissal.
Ⅱ. Issue Summary
The issue in this case is whether, in a situation where the employer has explicitly cancelled the disciplinary action as retroactively null and void and where there are no subsequent disadvantageous measures arising therefrom, there continues to exist any interest in relief in the application for remedy for unfair dismissal (discipline) filed with the Labor Relations Commission.
Ⅲ. Summary of the Labor Relations Commission’s Findings
The panel in this case noted that the employer clearly stated in the notice of disciplinary cancellation that “the warning disposition is retroactively null and void, and it shall be deemed that there exists no disciplinary fact whatsoever in respect of the employee”; that the employer testified at the hearing that the disciplinary action was completely cancelled irrespective of whether the employee qualifies as a “worker” under the Labor Standards Act; and that, after the disciplinary action had been cancelled, no subsequent measures based on the discipline or any disadvantages in terms of wages or personnel were identified.
In view of these circumstances, the Commission held that the employee had fully achieved restoration to the status quo ante solely through the disciplinary cancellation, and therefore there was no longer any need to obtain a separate remedial order from the Labor Relations Commission.
The dismissal in this case was thus deemed to have effectively ceased to be an object of dispute due to the disciplinary cancellation, and the Commission found that the employee’s interest in relief in the application for remedy for unfair dismissal had been extinguished.
Ⅳ. Practical Points (From the Employee’s Perspective)
From the employee’s perspective, even if the employer cancels the disciplinary action, it is essential to confirm whether any subsequent disadvantages remain, such as retention of disciplinary records, restrictions on performance evaluations or promotions, or wage reductions. Where the notice of disciplinary cancellation expressly includes wording such as “retroactively null and void” and “it shall be deemed that no disciplinary fact exists,” and where the personnel records, wages, and position have in fact been restored to their original state, the application for remedy before the Labor Relations Commission may be dismissed or rejected. Accordingly, employees should carefully examine whether there remain any additional matters to contest.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s perspective, where there are concerns about procedural defects in the disciplinary process or excessive severity of the disciplinary measure, voluntarily cancelling the disciplinary action without awaiting the judgment of the Labor Relations Commission or the courts can serve as a risk management tool. However, as in this decision, in order to have the extinction of interest in relief recognized, the employer must clearly declare the disciplinary cancellation as retroactively null and void, and must in practice complete all measures necessary to restore the status quo so that no trace of the disciplinary fact remains in personnel records, evaluations, positions, etc.
In such cases, by obtaining advice from experts such as Labor Law Firm Law&, and by reviewing in advance the scope and method of disciplinary cancellation and the design of subsequent personnel measures, employers can significantly prevent unnecessary disputes over unfair dismissal or redundancy dismissal and additional proceedings before the Labor Relations Commission.
2. Matters Decided
A. Case Overview and Procedural History
In light of (i) the employer’s statement in the notice of disciplinary cancellation that “the warning disposition is retroactively null and void, and it shall be deemed that there exists no disciplinary fact whatsoever in respect of the employee”; (ii) the employer’s testimony at the hearing that the disciplinary action was cancelled irrespective of whether the employee qualifies as a “worker” under the Labor Standards Act; and (iii) the fact that not only had the disciplinary action already been cancelled, but no subsequent measures or disadvantages based on the discipline were identified, the Commission held that the purpose of the application for remedy had been achieved through the disciplinary cancellation and that the interest in relief had therefore been extinguished.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Findings
In light of (i) the employer’s statement in the notice of disciplinary cancellation that “the warning disposition is retroactively null and void, and it shall be deemed that there exists no disciplinary fact whatsoever in respect of the employee”; (ii) the employer’s testimony at the hearing that the disciplinary action was cancelled irrespective of whether the employee qualifies as a “worker” under the Labor Standards Act; and (iii) the fact that not only had the disciplinary action already been cancelled, but no subsequent measures or disadvantages based on the discipline were identified, the Commission held that the purpose of the application for remedy had been achieved through the disciplinary cancellation and that the interest in relief had therefore been extinguished. /
[See More Related Decisions]
- “‘Worker Status · Submission of Resignation Letter (Secretary-General)’ Related Unfair Dismissal Decision”
- “‘Dismissal (Non-Appearance at Hearing)’ Related Unfair Dismissal Decision” – Decision date: – Case number: Dismissed
- “‘Non-Formation of Conditional Offer of Employment (Absence of Offer Letter)’ Related Unfair Dismissal Decision” – Decision date: – Case number: First-instance Decision Upheld
[Tags]
Unfair dismissal, extinction of interest in relief (notice of disciplinary cancellation), disciplinary dismissal, 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ You can view the previous article, “‘Worker Status · Submission of Resignation Letter (Secretary-General)’ Related Unfair Dismissal Decision,” in a new window.
※ The list of decisions related to extinction of interest in relief (notice of disciplinary cancellation) can be found in the “List of Decisions Related to Extinction of Interest in Relief (Notice of Disciplinary Cancellation).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (dismissal of the application) on the issue of “extinction of interest in relief (notice of disciplinary cancellation).”
Decision Committee: Seoul Regional Labor Relations Commission 2025Buhae9310 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2025.12.23 · Case result: Dismissed
Summary of key issues: (i) The employer stated in the notice of disciplinary cancellation that “the warning disposition is retroactively null and void, and it shall be deemed that there exists no disciplinary fact whatsoever in respect of the employee”; (ii) the employer testified at the hearing that the disciplinary action was cancelled irrespective of whether the employee qualifies as a “worker” under the Labor Standards Act; (iii) not only had the disciplinary action already been cancelled, but no subsequent measures or disadvantages based on the discipline were identified. In light of these factors, the Commission held that the purpose of the application for remedy had been achieved through the disciplinary cancellation, and thus…
1. Legal Implications
Ⅰ. Case Overview
In this case, the employee filed an application for remedy for unfair dismissal against the employer’s disciplinary action. However, during the hearing before the Labor Relations Commission, the employer completely cancelled the disciplinary action, which then became the central issue in dispute. The Seoul Regional Labor Relations Commission examined the content of the notice of disciplinary cancellation and the existence of any subsequent disadvantages, and rendered its decision focusing on whether any interest in relief remained in relation to the application for remedy for unfair dismissal.
Ⅱ. Issue Summary
The issue in this case is whether, in a situation where the employer has explicitly cancelled the disciplinary action as retroactively null and void and where there are no subsequent disadvantageous measures arising therefrom, there continues to exist any interest in relief in the application for remedy for unfair dismissal (discipline) filed with the Labor Relations Commission.
Ⅲ. Summary of the Labor Relations Commission’s Findings
The panel in this case noted that the employer clearly stated in the notice of disciplinary cancellation that “the warning disposition is retroactively null and void, and it shall be deemed that there exists no disciplinary fact whatsoever in respect of the employee”; that the employer testified at the hearing that the disciplinary action was completely cancelled irrespective of whether the employee qualifies as a “worker” under the Labor Standards Act; and that, after the disciplinary action had been cancelled, no subsequent measures based on the discipline or any disadvantages in terms of wages or personnel were identified.
In view of these circumstances, the Commission held that the employee had fully achieved restoration to the status quo ante solely through the disciplinary cancellation, and therefore there was no longer any need to obtain a separate remedial order from the Labor Relations Commission.
The dismissal in this case was thus deemed to have effectively ceased to be an object of dispute due to the disciplinary cancellation, and the Commission found that the employee’s interest in relief in the application for remedy for unfair dismissal had been extinguished.
Ⅳ. Practical Points (From the Employee’s Perspective)
From the employee’s perspective, even if the employer cancels the disciplinary action, it is essential to confirm whether any subsequent disadvantages remain, such as retention of disciplinary records, restrictions on performance evaluations or promotions, or wage reductions. Where the notice of disciplinary cancellation expressly includes wording such as “retroactively null and void” and “it shall be deemed that no disciplinary fact exists,” and where the personnel records, wages, and position have in fact been restored to their original state, the application for remedy before the Labor Relations Commission may be dismissed or rejected. Accordingly, employees should carefully examine whether there remain any additional matters to contest.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s perspective, where there are concerns about procedural defects in the disciplinary process or excessive severity of the disciplinary measure, voluntarily cancelling the disciplinary action without awaiting the judgment of the Labor Relations Commission or the courts can serve as a risk management tool. However, as in this decision, in order to have the extinction of interest in relief recognized, the employer must clearly declare the disciplinary cancellation as retroactively null and void, and must in practice complete all measures necessary to restore the status quo so that no trace of the disciplinary fact remains in personnel records, evaluations, positions, etc.
In such cases, by obtaining advice from experts such as Labor Law Firm Law&, and by reviewing in advance the scope and method of disciplinary cancellation and the design of subsequent personnel measures, employers can significantly prevent unnecessary disputes over unfair dismissal or redundancy dismissal and additional proceedings before the Labor Relations Commission.
2. Matters Decided
A. Case Overview and Procedural History
In light of (i) the employer’s statement in the notice of disciplinary cancellation that “the warning disposition is retroactively null and void, and it shall be deemed that there exists no disciplinary fact whatsoever in respect of the employee”; (ii) the employer’s testimony at the hearing that the disciplinary action was cancelled irrespective of whether the employee qualifies as a “worker” under the Labor Standards Act; and (iii) the fact that not only had the disciplinary action already been cancelled, but no subsequent measures or disadvantages based on the discipline were identified, the Commission held that the purpose of the application for remedy had been achieved through the disciplinary cancellation and that the interest in relief had therefore been extinguished.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Findings
In light of (i) the employer’s statement in the notice of disciplinary cancellation that “the warning disposition is retroactively null and void, and it shall be deemed that there exists no disciplinary fact whatsoever in respect of the employee”; (ii) the employer’s testimony at the hearing that the disciplinary action was cancelled irrespective of whether the employee qualifies as a “worker” under the Labor Standards Act; and (iii) the fact that not only had the disciplinary action already been cancelled, but no subsequent measures or disadvantages based on the discipline were identified, the Commission held that the purpose of the application for remedy had been achieved through the disciplinary cancellation and that the interest in relief had therefore been extinguished. /
[See More Related Decisions]
- “‘Worker Status · Submission of Resignation Letter (Secretary-General)’ Related Unfair Dismissal Decision”
- “‘Dismissal (Non-Appearance at Hearing)’ Related Unfair Dismissal Decision” – Decision date: – Case number: Dismissed
- “‘Non-Formation of Conditional Offer of Employment (Absence of Offer Letter)’ Related Unfair Dismissal Decision” – Decision date: – Case number: First-instance Decision Upheld
[Tags]
Unfair dismissal, extinction of interest in relief (notice of disciplinary cancellation), disciplinary dismissal, 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 Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ You can view the previous article, “‘Worker Status · Submission of Resignation Letter (Secretary-General)’ Related Unfair Dismissal Decision,” in a new window.
※ The list of decisions related to extinction of interest in relief (notice of disciplinary cancellation) can be found in the “List of Decisions Related to Extinction of Interest in Relief (Notice of Disciplinary Cancellation).”
※ Korean version of this case: Korean article
