[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “disciplinary severity (serious misconduct).” Decision body: Chungnam Regional Labor Relations Commission 2026Buhae630 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-06-30 · Case result: Dismissed Summary of key issues: A. Existence of grounds for discipline It was held to be justified for the employer to rely on matters stipulated in the collective agreement and the rules of employment as grounds for discipline in relation to the employee’s misconduct. 1. Legal Implications Ⅰ. Case Overview This case concerns an application for remedy for unfair dismissal filed against a disciplinary dismissal imposed on the ground of the employee’s misconduct, which was heard by the Chungnam Regional Labor Relations Commission. The Commission, taking into account that the employer relied on grounds for discipline based on the collective agreement and rules of employment, and comprehensively reviewing the severity of the disciplinary measure and the course of the procedures, did not accept the employee’s claim of unfair dismissal. Ⅱ. Issues in Dispute The issues in this case are whether the employee’s misconduct falls under the grounds for discipline set out in the collective agreement and rules of employment, whether the degree of such misconduct is so serious that, according to social norms, it is difficult to continue the employment relationship, and whether there were any serious defects in the procedures of the disciplinary committee and the method of giving notice of dismissal. Ⅲ. Summary of the Labor Commission’s Findings The panel in this case found that the misconduct raised by the employer falls under the grounds for discipline expressly stipulated in the collective agreement and rules of employment; that the nature and degree of such misconduct are so serious that, according to social norms, it is no longer feasible to maintain the employment relationship; and that the employee, having received a notice of referral to the disciplinary committee, actually attended the committee and was given an opportunity to explain, and was also notified in writing of the reasons for dismissal. Accordingly, the panel held that the dismissal in this case does not constitute unfair dismissal, as the existence of grounds for discipline, the appropriateness of the level of discipline, and the lawfulness of the disciplinary procedures were all established. Ⅳ. Practical Points (From the Employee’s Perspective) From the employee’s perspective, it is necessary to remain aware at all times of which specific grounds for discipline under the rules of employment and collective agreement one’s conduct may fall into, and whether the degree of misconduct could be evaluated, according to social norms, as being at a level where “it is no longer possible to maintain the employment relationship.” If you receive a notice to appear before a disciplinary committee, you should make sure to attend, organize the facts, and actively explain the circumstances, motives, and efforts to remedy any harm. Doing so can work to your advantage at a later stage before the Labor Relations Commission. Ⅴ. Practical Points (From the Employer’s/Company’s Perspective) From the employer’s perspective, first, you must always specify the grounds for discipline based on internal regulations such as the collective agreement and rules of employment, and clearly notify the employee of those grounds in writing. Second, to ensure that the level of discipline is not evaluated, according to social norms, as being markedly excessive, it is important to comprehensively review and record the content, degree, and frequency of the misconduct, its impact on workplace order, and consistency with past disciplinary cases. Third, each step from convening, notifying, deliberating, and resolving at the disciplinary committee through to giving notice of dismissal must be carried out in accordance with the applicable regulations, and documents such as minutes and notices should be systematically preserved so that you can prove that the employee was afforded a genuine opportunity to explain. This decision by the Chungnam Regional Labor Relations Commission once again confirms that, in unfair dismissal disputes, a conclusion favorable to the employer will only be reached where the existence of grounds for discipline, the proportionality of the disciplinary severity, and the lawfulness of the disciplinary procedures are all satisfied. To prevent personnel and labor disputes such as unfair dismissal and redundancy dismissals, it is advisable to consult from the initial stage with a specialized institution such as Labor Law Firm Law& and to proactively refine the rules of employment and design the disciplinary procedures. 2. Matters Decided A. Case Overview and Procedural History A. Existence of grounds for discipline It is deemed justified that, in relation to the employee’s misconduct, the employer relied on matters stipulated in the collective agreement and rules of employment as grounds for discipline. B. Appropriateness of the level of discipline It is deemed reasonable to find that the employee’s misconduct reached a level where, according to social norms, it is difficult to continue the employment relationship. C. Lawfulness of the procedures The employee received a notice of referral to the disciplinary committee and attended the committee, and the employer notified the employee in writing stating the reasons for dismissal. Accordingly, it is determined that there were no procedural defects in the dismissal. 3. Summary of the Decision A. Summary of the Labor Commission’s Findings A. Existence of grounds for discipline It is deemed justified that, in relation to the employee’s misconduct, the employer relied on matters stipulated in the collective agreement and rules of employment as grounds for discipline. B. Appropriateness of the level of discipline It is deemed reasonable to find that the employee’s misconduct reached a level where, according to social norms, it is difficult to continue the employment relationship. C. Lawfulness of the procedures The employee received a notice of referral to the disciplinary committee and attended the committee, and the employer notified the employee in writing stating the reasons for dismissal. Accordingly, it is determined that there were no procedural defects in the dismissal. / [See More Related Decisions] - “Unfair Dismissal Decision Concerning ‘Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)’” - “Unfair Dismissal Decision Concerning ‘Expression of Intention to Resign (Resignation Statement Made by Telephone)’” - “Unfair Dismissal Decision Concerning ‘Expectation of Renewal (Daily Worker Linked to Termination of Prime Contract)’” [Tags] Unfair dismissal, disciplinary severity (serious misconduct), 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 one of Labor Law Firm Law&’s “Unfair Dismissal Decision” series. ※ You can view the previous article, “Unfair Dismissal Decision Concerning ‘Expectation of Renewal (Daily Worker Linked to Termination of Prime Contract)’,” in a new window. ※ The list of decisions related to disciplinary severity (serious misconduct) can be viewed together at “List of Decisions Related to Disciplinary Severity (Serious Misconduct).” ※ Korean version of this case: Korean article