[Case Information] This case is a decision in which the employer prevailed (application dismissed) on the issue of “disciplinary severity (Head of Finance – workplace bullying).” Decision Committee: Gyeonggi Regional Labor Relations Commission 2026Buhae3258 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-09-15 · Case outcome: Dismissed Key issue summary: (a) 1. Legal Implications Ⅰ. Case Overview In this unfair dismissal case, an employee holding the position of Head of Finance was dismissed for reasons including workplace bullying and sexual harassment, violation of the chain of command, and other misconduct, and subsequently filed an application with the Labor Relations Commission for a remedy for unfair dismissal. The Gyeonggi Regional Labor Relations Commission conducted hearings focusing on whether the employer’s asserted grounds for discipline were established and whether the level of discipline (dismissal) was appropriate, and ultimately dismissed the employee’s application for remedy. Ⅱ. Summary of Issues The issue in this case is whether “the Head of Finance’s workplace bullying, sexual harassment, and violations of the chain of command, repeatedly committed over several months, constitute grounds for discipline under the rules of employment, and whether dismissal on such grounds is so excessively severe by social standards as to amount to unfair dismissal.” Ⅲ. Summary of the Labor Relations Commission’s Decision The panel in this case found that the employee repeatedly engaged in conduct and remarks toward staff that constituted workplace bullying and sexual harassment; that multiple instances of inappropriate remarks and conduct undermining harmony among employees, violations of the chain of command, and obstruction of business were confirmed; and that the employee committed these acts by exploiting his/her superior position and relationship as Head of Finance. The Commission held that this dismissal not only falls within the grounds for discipline under the rules of employment, but, considering the degree of adverse impact on corporate order and the working environment, the repetitiveness and duration of the conduct, and the weight of the position, it should be evaluated as reaching a level at which it is difficult, by social standards, to continue the employment contract. Accordingly, it was not deemed that the employer had exceeded or abused its discretionary authority in imposing discipline. Ⅳ. Practical Points (From the Employee’s Perspective) From the employee’s standpoint, it must be borne in mind that workplace bullying, sexual harassment, and conduct infringing upon the dignity of subordinates are not merely interpersonal issues, but can constitute serious grounds for discipline up to and including dismissal. In particular, where one occupies a superior position such as head of division or team leader, the same conduct will be judged far more strictly in light of the “superiority of the relationship.” In addition, when assessing the legitimacy of the level of discipline, the Labor Relations Commission comprehensively considers the nature, degree, and frequency of the conduct, its impact on workplace order, and the employee’s position and role. Therefore, in order to obtain relief in similar disputes, it is important to systematically organize the facts and any mitigating circumstances (remorse, efforts to prevent recurrence, efforts to remedy harm, etc.) and respond accordingly. Ⅴ. Practical Points (From the Employer/Company’s Perspective) From the company’s perspective, it is necessary to specifically incorporate provisions on workplace bullying and sexual harassment into the rules of employment and HR regulations, and to make clear that violations may result in dismissal. When conducting disciplinary procedures, the company should sufficiently secure investigative materials on the specific facts, victim statements, and witness statements, and prepare so as to meet its burden of proof regarding the grounds for discipline. Furthermore, in order to avoid an assessment that the level of discipline is excessively severe by social standards, it is advisable to keep systematic records of the factors relevant to the level of discipline—such as repetitiveness of the conduct, degree of harm, job grade, prior disciplinary history, and whether harm has been remedied—and, where necessary, to adjust the level of discipline with the advice of specialized institutions such as Labor Law Firm Law&. This decision of the Gyeonggi Regional Labor Relations Commission is a case in which dismissal for workplace bullying and sexual harassment was held to be justified, and it reaffirms the standards for proving grounds for discipline and assessing the legitimacy of disciplinary severity in unfair dismissal disputes. Those preparing for Labor Relations Commission remedy procedures should thoroughly review the relevant legal principles and precedents and develop a case strategy in cooperation with experts such as Labor Law Firm Law&. 2. Matters Decided (a) Case Overview and Procedural History (a) Whether the grounds for discipline are established As it was confirmed that the employee engaged in workplace bullying and sexual harassment toward staff, made inappropriate remarks that undermined harmony among employees, and committed acts such as violating the chain of command and obstructing business, these are recognized as grounds for discipline attributable to the employee. (b) Whether the level of discipline was appropriate ① The employee’s repeated inappropriate remarks and conduct toward staff over several months cannot be regarded as minor in that they were fully capable of worsening the working environment. ② As Head of Finance, the employee committed various acts of misconduct by exploiting his/her superior status and relationship, which is to be distinguished from the same or similar conduct by ordinary employees … 3. Summary of the Decision (a) Summary of the Labor Relations Commission’s Reasoning (a) Whether the grounds for discipline are established As it was confirmed that the employee engaged in workplace bullying and sexual harassment toward staff, made inappropriate remarks that undermined harmony among employees, and committed acts such as violating the chain of command and obstructing business, these are recognized as grounds for discipline attributable to the employee. (b) Whether the level of discipline was appropriate ① The employee’s repeated inappropriate remarks and conduct toward staff over several months cannot be regarded as minor in that they were fully capable of worsening the working environment. ② As Head of Finance, the employee committed various acts of misconduct by exploiting his/her superior status and relationship, which is to be distinguished from the same or similar conduct by ordinary employees … / [See More Related Decisions] - ‘Dismissal of Application (Non-Appearance at Hearing)’ Unfair Dismissal Decision – Decision date: - Case outcome: Dismissed - ‘No Formation of Employment Contract (Absence of Offer Letter)’ Unfair Dismissal Decision – Decision date: - Case outcome: Initial Decision Upheld - ‘Failure to Meet Requirements for Redundancy Dismissal (Workout Company)’ Unfair Dismissal Decision [Tags] Unfair dismissal, disciplinary severity (Head of Finance – workplace bullying), disciplinary dismissal, 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 one in the “Unfair Dismissal Decisions” series by Labor Law Firm Law&. ※ You can view the previous article, “‘Justifiability of Transfer (Abolition of Night-Shift Department)’ Unfair Dismissal Decision,” in a new window. ※ The list of decisions related to disciplinary severity (Head of Finance – workplace bullying) can be viewed together on the “List of Decisions on Disciplinary Severity (Head of Finance – Workplace Bullying)” page. ※ Korean version of this case: Korean article