[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “level of disciplinary action (workplace harassment).” Decision body: Seoul Regional Labor Relations Commission 2026Buhae1840 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-07-29 · Case result: Dismissed Summary of key issues: … 9. Whether exclusion from duties and placement on standby constitutes suspension from duty, and whether the personnel order was justified Exclusion from duties and placement on standby do not constitute disciplinary suspension and are a legitimate personnel order based on the rules of employment. 1. Legal Implications Ⅰ. Case Overview In this case, the employee was subjected to a series of measures—exclusion from duties and placement on standby, followed by suspension from duty and, ultimately, dismissal—on the grounds of workplace harassment and other misconduct. The employee then filed an application with the Labor Relations Commission, claiming these measures amounted to unfair dismissal. The Seoul Regional Labor Relations Commission sequentially reviewed the legitimacy of each measure—exclusion from duties/placement on standby, suspension, and final dismissal—and dismissed the employee’s application for remedy for unfair dismissal. Ⅱ. Summary of Issues The issue in this case is whether the level of disciplinary action—ranging from exclusion from duties and placement on standby, to suspension, and ultimately dismissal—imposed for workplace harassment and other misconduct, constitutes a reason so serious that the employment relationship can no longer be maintained, and further, whether the entire process constitutes a legitimate personnel order and disciplinary action that does not amount to unfair dismissal. Ⅲ. Summary of the Labor Relations Commission’s Findings The decision panel in this case found that exclusion from duties and placement on standby are personnel orders that temporarily suspend the performance of duties, are based on the rules of employment, and do not constitute disciplinary suspension; that the grounds for discipline—namely, acts of workplace harassment—were established and there were no serious defects in the disciplinary committee procedures, so the suspension was justified; and that, although some of the disciplinary grounds might not independently suffice as grounds for dismissal, the series of acts of misconduct, taken together, so undermined trust that, in light of social norms, the employment relationship could no longer be maintained. Accordingly, the panel held that the dismissal in this case did not constitute unfair dismissal, as the level of discipline was appropriate and there were no procedural defects. Ⅳ. Practical Points (From the Employee’s Perspective) From the employee’s perspective, when facing a sequence of measures such as “exclusion from duties/placement on standby → suspension → dismissal,” it is important not to limit one’s defense to each individual ground in isolation, but to carefully examine whether one’s conduct could be evaluated as a series of acts of misconduct and what the cumulative effect of those acts may be. In particular, in matters such as workplace harassment, which are subject to strong social criticism, even relatively short-term repetition or continuation of the conduct can cause the level of disciplinary action to escalate rapidly. Therefore, it is advisable to organize the facts and your explanations at an early stage and, if necessary, respond with the assistance of experts such as Labor Law Firm Law&. Ⅴ. Practical Points (From the Employer’s (Company’s) Perspective) From the employer’s side, first, the rules of employment and personnel regulations should clearly set out the grounds and procedures for exclusion from duties and placement on standby, and their relationship to disciplinary measures. Second, during the investigation of workplace harassment and the disciplinary process, employers should preserve objective records—such as fact-finding reports, statements from victims and witnesses, and minutes of the disciplinary committee—in order to be able to prove, before the Labor Relations Commission or the courts, the legitimacy of both the grounds for discipline and the level of disciplinary action. Third, even if some of the grounds for discipline are relatively weak, the legitimacy of dismissal may be recognized when multiple acts of misconduct accumulate. It is therefore important to systematically manage the history of step-by-step disciplinary measures—warnings, reprimands, suspensions, etc.—and to maintain records showing that opportunities for improvement were provided. To prevail in this type of case, it is necessary to first understand the legal principles relating to unfair dismissal and redundancy dismissal, and to have the capability to structure the facts in line with the criteria applied by the Labor Relations Commission (existence of grounds for discipline, procedural propriety, and proportionality of the level of discipline). We recommend consulting with Labor Law Firm Law&, which has extensive practical experience before the Labor Relations Commission, to design and review personnel orders and levels of disciplinary action from the earliest stage. 2. Matters Decided a. Case Overview and Procedural History … 9. Whether the exclusion from duties and placement on standby constitutes suspension from duty, and whether the personnel order was justified Exclusion from duties and placement on standby do not constitute disciplinary suspension and are a legitimate personnel order based on the rules of employment. b. Legitimacy of the Suspension Dated 17 March 2026 Since the grounds for discipline—acts of workplace harassment—are established, the level of disciplinary action is appropriate, and there are no defects in the disciplinary procedures, the suspension constitutes a legitimate disciplinary measure. c. Legitimacy of the Dismissal Dated 20 April 2026 Even if some of the grounds for discipline are difficult to recognize independently, when the employee’s series of acts of misconduct are considered as a whole, it is determined that the employment relationship cannot be maintained, and therefore the level of disciplinary action (dismissal) is appropriate. 3. Summary of the Decision a. Summary of the Labor Relations Commission’s Findings … 9. Whether the exclusion from duties and placement on standby constitutes suspension from duty, and whether the personnel order was justified Exclusion from duties and placement on standby do not constitute disciplinary suspension and are a legitimate personnel order based on the rules of employment. b. Legitimacy of the Suspension Dated 17 March 2026 Since the grounds for discipline—acts of workplace harassment—are established, the level of disciplinary action is appropriate, and there are no defects in the disciplinary procedures, the suspension constitutes a legitimate disciplinary measure. c. Legitimacy of the Dismissal Dated 20 April 2026 Even if some of the grounds for discipline are difficult to recognize independently, when the employee’s series of acts of misconduct are considered as a whole, it is determined that the employment relationship cannot be maintained, and therefore the level of disciplinary action (dismissal) is appropriate. / [See More Related Decisions] - “‘Failure to Satisfy Requirements for Redundancy Dismissal (Workout Company)’ Unfair Dismissal Decision” - “‘Dismissal of Application (Non-Appearance at Hearing)’ Unfair Dismissal Decision” – Date of decision: – Case result: Dismissed - “‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’ Unfair Dismissal Decision” [Tags] Unfair dismissal, level of disciplinary action (workplace harassment), disciplinary dismissal, workplace harassment, 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, “‘Existence of Dismissal (Concurrent Childcare Leave and Industrial Accident Medical Care)’ Unfair Dismissal Decision,” in a new window. ※ You can also view the list of decisions related to the level of disciplinary action (workplace harassment) at “List of Decisions on Level of Disciplinary Action (Workplace Harassment).” ※ Korean version of this case: Korean article