Corporate trends / Performance record
‘Ex Officio Dismissal (Driver’s License Revocation)’ Unfair Dismissal Decision (Unfair Dismissal 381)
- Date2026/04/18 04:08
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “ex officio dismissal (driver’s license revocation).”
Decision body: Incheon Regional Labor Relations Commission
Case: 2025 Unfair Dismissal 9240 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.02.13 · Result: Application dismissed
Summary of key issues:
A. Justifiability of the grounds for ex officio dismissal
The employee was a driver whose essential duties consisted of driving work. Due to the revocation of his driver’s license, he could no longer perform those duties. It is reasonable to view this as falling under the grounds for ex officio dismissal stipulated in the relevant regulations. If, at the time of the ex officio dismissal, the driver’s license had already been revoked and the employee was in a state where performance of duties was impossible, the mere fact that an administrative lawsuit was subsequently pending does not, by itself, immediately negate the justifiability of the ex officio dismissal…
1. Legal Implications
Ⅰ. Case Overview
This unfair dismissal case concerns the justifiability, before the Incheon Regional Labor Relations Commission, of an ex officio dismissal imposed on a driver whose essential duties consisted of driving work, on the ground that his driver’s license had been revoked. Focusing on the lawfulness of the grounds and procedures for the ex officio dismissal, the Labor Relations Commission conducted hearings and ultimately dismissed the employee’s application for remedy.
Ⅱ. Issues in Dispute
The issues in this case are:
“In a situation where a driver’s driver’s license has been revoked, does the employer’s measure of dismissing the employee ex officio pursuant to the grounds for ex officio dismissal set out in the rules of employment constitute an unfair dismissal? In addition, what impact does the fact that an administrative lawsuit is pending have on the justifiability of the ex officio dismissal?”
Ⅲ. Summary of the Labor Relations Commission’s Findings
The decision panel in this case found that the grounds for ex officio dismissal were justified, in light of the following:
- the employee’s essential duties consisted of driving work;
- the revocation of the driver’s license made performance of those duties objectively impossible; and
- such circumstances fall under the grounds for ex officio dismissal stipulated in the relevant regulations.
Furthermore, once the driver’s license had already been revoked at the time of the ex officio dismissal, the mere fact that an administrative lawsuit challenging the revocation was subsequently pending did not, in itself, immediately negate the justifiability of the ex officio dismissal.
In addition, based on a comprehensive review of the written submissions and evidence submitted by the parties and the statements made during the hearings, the Commission found no circumstances indicating the existence of any serious procedural defect. Accordingly, it held that the ex officio dismissal was also procedurally lawful.
Ⅳ. Practical Points (From the Employee’s Perspective)
In positions such as driving jobs, where a specific qualification or license is an essential precondition for performing the job, it should be noted that ex officio dismissal or automatic retirement upon revocation of such qualification or license is highly likely to be recognized as a justified dismissal. In particular, even if you challenge the license revocation through an administrative lawsuit, if the license had already been revoked at the time of the ex officio dismissal and you were in a state where you could not actually perform your duties, it will be difficult to overturn the justifiability of the ex officio dismissal solely on the basis of the subsequent lawsuit.
Accordingly, it is most important to thoroughly manage, in advance, the risk of revocation of qualifications or licenses due to drunk driving and similar conduct. If license revocation becomes a reality, you should carefully check the procedures under the rules of employment and whether reassignment within the company is realistically possible, and then establish a response strategy through consultation with experts such as Labor Law Firm Law&.
Ⅴ. Practical Points (From the Employer/Company Perspective)
From the employer’s perspective, ex officio dismissal constitutes a “dismissal” under the Labor Standards Act. It is therefore important to clearly stipulate, in the rules of employment and personnel regulations, the loss of qualifications or licenses—such as driver’s license revocation—as grounds for ex officio dismissal. In addition, when executing an ex officio dismissal, you should examine whether the relevant qualification or license has in fact been revoked so that the employee can no longer perform his or her essential duties, whether there is any realistically available alternative position, and you should keep written records of the relevant facts and the progress of the procedures.
Where the grounds for ex officio dismissal are stipulated separately from disciplinary grounds, they are generally viewed as having the nature of an ordinary (non‑disciplinary) dismissal. However, in areas that substantially overlap with disciplinary grounds, compliance with disciplinary procedures may become an issue. Accordingly, you should review the structure of your personnel regulations and minimize procedural risks by obtaining expert advice from Labor Law Firm Law& and similar professionals.
2. Matters Decided
A. Case Overview and Procedural History
A. Justifiability of the grounds for ex officio dismissal
The employee was a driver whose essential duties consisted of driving work and, due to the revocation of his driver’s license, he could no longer perform those duties. It is reasonable to view this as falling under the grounds for ex officio dismissal stipulated in the relevant regulations. If, at the time of the ex officio dismissal, the driver’s license had been revoked and the employee was in a state where performance of duties was impossible, the mere fact that an administrative lawsuit was subsequently pending does not, by itself, immediately negate the justifiability of the ex officio dismissal. Accordingly, the grounds for ex officio dismissal are found to be justified.
B. Lawfulness of the ex officio dismissal procedures
In light of the written submissions and evidence submitted by the parties and the statements made during the hearings, no circumstances were identified that would indicate the existence of any serious procedural defect. The ex officio dismissal is therefore found to have been carried out in a procedurally lawful manner.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Findings
A. Justifiability of the grounds for ex officio dismissal
The employee was a driver whose essential duties consisted of driving work and, due to the revocation of his driver’s license, he could no longer perform those duties. It is reasonable to view this as falling under the grounds for ex officio dismissal stipulated in the relevant regulations. If, at the time of the ex officio dismissal, the driver’s license had been revoked and the employee was in a state where performance of duties was impossible, the mere fact that an administrative lawsuit was subsequently pending does not, by itself, immediately negate the justifiability of the ex officio dismissal. Accordingly, the grounds for ex officio dismissal are found to be justified.
B. Lawfulness of the ex officio dismissal procedures
In light of the written submissions and evidence submitted by the parties and the statements made during the hearings, no circumstances were identified that would indicate the existence of any serious procedural defect. The ex officio dismissal is therefore found to have been carried out in a procedurally lawful manner. /
[See More Related Decisions]
- ‘Employee Status (Conversion to Franchisee)’ Unfair Dismissal Decision
- ‘Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)’ Unfair Dismissal Decision
- ‘Dismissal of Application (Non‑appearance at Hearing)’ Unfair Dismissal Decision – Decision date: – Case number: Application dismissed
[Tags]
Unfair dismissal, ex officio dismissal (driver’s license revocation), others, 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 one of Labor Law Firm Law&’s “Unfair Dismissal Decision” series.
※ You can view the previous article, “‘Employee Status (Conversion to Franchisee)’ Unfair Dismissal Decision,” in a new window.
※ You can also view the list of decisions related to ex officio dismissal (driver’s license revocation) at “List of Decisions Related to Ex Officio Dismissal (Driver’s License Revocation).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “ex officio dismissal (driver’s license revocation).”
Decision body: Incheon Regional Labor Relations Commission
Case: 2025 Unfair Dismissal 9240 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.02.13 · Result: Application dismissed
Summary of key issues:
A. Justifiability of the grounds for ex officio dismissal
The employee was a driver whose essential duties consisted of driving work. Due to the revocation of his driver’s license, he could no longer perform those duties. It is reasonable to view this as falling under the grounds for ex officio dismissal stipulated in the relevant regulations. If, at the time of the ex officio dismissal, the driver’s license had already been revoked and the employee was in a state where performance of duties was impossible, the mere fact that an administrative lawsuit was subsequently pending does not, by itself, immediately negate the justifiability of the ex officio dismissal…
1. Legal Implications
Ⅰ. Case Overview
This unfair dismissal case concerns the justifiability, before the Incheon Regional Labor Relations Commission, of an ex officio dismissal imposed on a driver whose essential duties consisted of driving work, on the ground that his driver’s license had been revoked. Focusing on the lawfulness of the grounds and procedures for the ex officio dismissal, the Labor Relations Commission conducted hearings and ultimately dismissed the employee’s application for remedy.
Ⅱ. Issues in Dispute
The issues in this case are:
“In a situation where a driver’s driver’s license has been revoked, does the employer’s measure of dismissing the employee ex officio pursuant to the grounds for ex officio dismissal set out in the rules of employment constitute an unfair dismissal? In addition, what impact does the fact that an administrative lawsuit is pending have on the justifiability of the ex officio dismissal?”
Ⅲ. Summary of the Labor Relations Commission’s Findings
The decision panel in this case found that the grounds for ex officio dismissal were justified, in light of the following:
- the employee’s essential duties consisted of driving work;
- the revocation of the driver’s license made performance of those duties objectively impossible; and
- such circumstances fall under the grounds for ex officio dismissal stipulated in the relevant regulations.
Furthermore, once the driver’s license had already been revoked at the time of the ex officio dismissal, the mere fact that an administrative lawsuit challenging the revocation was subsequently pending did not, in itself, immediately negate the justifiability of the ex officio dismissal.
In addition, based on a comprehensive review of the written submissions and evidence submitted by the parties and the statements made during the hearings, the Commission found no circumstances indicating the existence of any serious procedural defect. Accordingly, it held that the ex officio dismissal was also procedurally lawful.
Ⅳ. Practical Points (From the Employee’s Perspective)
In positions such as driving jobs, where a specific qualification or license is an essential precondition for performing the job, it should be noted that ex officio dismissal or automatic retirement upon revocation of such qualification or license is highly likely to be recognized as a justified dismissal. In particular, even if you challenge the license revocation through an administrative lawsuit, if the license had already been revoked at the time of the ex officio dismissal and you were in a state where you could not actually perform your duties, it will be difficult to overturn the justifiability of the ex officio dismissal solely on the basis of the subsequent lawsuit.
Accordingly, it is most important to thoroughly manage, in advance, the risk of revocation of qualifications or licenses due to drunk driving and similar conduct. If license revocation becomes a reality, you should carefully check the procedures under the rules of employment and whether reassignment within the company is realistically possible, and then establish a response strategy through consultation with experts such as Labor Law Firm Law&.
Ⅴ. Practical Points (From the Employer/Company Perspective)
From the employer’s perspective, ex officio dismissal constitutes a “dismissal” under the Labor Standards Act. It is therefore important to clearly stipulate, in the rules of employment and personnel regulations, the loss of qualifications or licenses—such as driver’s license revocation—as grounds for ex officio dismissal. In addition, when executing an ex officio dismissal, you should examine whether the relevant qualification or license has in fact been revoked so that the employee can no longer perform his or her essential duties, whether there is any realistically available alternative position, and you should keep written records of the relevant facts and the progress of the procedures.
Where the grounds for ex officio dismissal are stipulated separately from disciplinary grounds, they are generally viewed as having the nature of an ordinary (non‑disciplinary) dismissal. However, in areas that substantially overlap with disciplinary grounds, compliance with disciplinary procedures may become an issue. Accordingly, you should review the structure of your personnel regulations and minimize procedural risks by obtaining expert advice from Labor Law Firm Law& and similar professionals.
2. Matters Decided
A. Case Overview and Procedural History
A. Justifiability of the grounds for ex officio dismissal
The employee was a driver whose essential duties consisted of driving work and, due to the revocation of his driver’s license, he could no longer perform those duties. It is reasonable to view this as falling under the grounds for ex officio dismissal stipulated in the relevant regulations. If, at the time of the ex officio dismissal, the driver’s license had been revoked and the employee was in a state where performance of duties was impossible, the mere fact that an administrative lawsuit was subsequently pending does not, by itself, immediately negate the justifiability of the ex officio dismissal. Accordingly, the grounds for ex officio dismissal are found to be justified.
B. Lawfulness of the ex officio dismissal procedures
In light of the written submissions and evidence submitted by the parties and the statements made during the hearings, no circumstances were identified that would indicate the existence of any serious procedural defect. The ex officio dismissal is therefore found to have been carried out in a procedurally lawful manner.
3. Summary of Decision
A. Summary of the Labor Relations Commission’s Findings
A. Justifiability of the grounds for ex officio dismissal
The employee was a driver whose essential duties consisted of driving work and, due to the revocation of his driver’s license, he could no longer perform those duties. It is reasonable to view this as falling under the grounds for ex officio dismissal stipulated in the relevant regulations. If, at the time of the ex officio dismissal, the driver’s license had been revoked and the employee was in a state where performance of duties was impossible, the mere fact that an administrative lawsuit was subsequently pending does not, by itself, immediately negate the justifiability of the ex officio dismissal. Accordingly, the grounds for ex officio dismissal are found to be justified.
B. Lawfulness of the ex officio dismissal procedures
In light of the written submissions and evidence submitted by the parties and the statements made during the hearings, no circumstances were identified that would indicate the existence of any serious procedural defect. The ex officio dismissal is therefore found to have been carried out in a procedurally lawful manner. /
[See More Related Decisions]
- ‘Employee Status (Conversion to Franchisee)’ Unfair Dismissal Decision
- ‘Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)’ Unfair Dismissal Decision
- ‘Dismissal of Application (Non‑appearance at Hearing)’ Unfair Dismissal Decision – Decision date: – Case number: Application dismissed
[Tags]
Unfair dismissal, ex officio dismissal (driver’s license revocation), others, 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 one of Labor Law Firm Law&’s “Unfair Dismissal Decision” series.
※ You can view the previous article, “‘Employee Status (Conversion to Franchisee)’ Unfair Dismissal Decision,” in a new window.
※ You can also view the list of decisions related to ex officio dismissal (driver’s license revocation) at “List of Decisions Related to Ex Officio Dismissal (Driver’s License Revocation).”
※ Korean version of this case: Korean article
