[Case Information] This case concerns a decision in which the employer prevailed (application dismissed) on the issue of “unauthorized absence and early closure of business (repeated over a long period).” Decision body: Gyeonggi Regional Labor Relations Commission 2026Buhae3577 ○ ○ ○ Application for Remedy for Unfair Dismissal 2026-09-09 · Case result: Dismissed Summary of key issues: A. Whether grounds for disciplinary action existed The employee’s conduct in being absent from work and leaving work early without prior approval from the employer, closing the business early without authorization, and sending multiple text messages to the representative containing inappropriate remarks was recognized as constituting grounds for disciplinary action attributable to the employee. 1. Legal Implications Ⅰ. Case Overview This unfair dismissal case arose after an employer imposed disciplinary dismissal on an employee who, over an extended period, repeatedly engaged in unauthorized absences and early departures from work, closed the business early, and sent the representative repeated text messages containing inappropriate content. The employee then filed an application for remedy with the Labor Relations Commission. The Gyeonggi Regional Labor Relations Commission focused its review on the existence of grounds for disciplinary action and the appropriateness of the level of discipline, and ultimately found the employer’s dismissal to be justified, dismissing the employee’s application for remedy for unfair dismissal. In this article, we explain the practical implications based on the Labor Relations Commission’s reasoning structure and the relevant legal principles organized by Labor Law Firm Law&. Ⅱ. Summary of Issues The issue in this case is whether the employee’s prolonged unauthorized absences and early departures from work, early closure of business, and inappropriate text messages sent to the representative constitute grounds for disciplinary dismissal to such an extent that the employment contract can no longer be maintained, and whether the resulting level of dismissal is excessively severe by social standards. Ⅲ. Summary of the Labor Relations Commission’s Decision The panel in this case found that the employer had proven, through objective attendance records and similar evidence, the facts of the employee’s unauthorized absences, early departures, and early closure of business; that such conduct constituted a serious breach of the duty to provide labor, which is fundamental to the employment contract, and could seriously affect corporate order; and that the repeated inappropriate text messages sent to the representative also damaged the relationship of trust with the employer. Accordingly, the panel held that grounds for disciplinary action existed against the employee. Although the part concerning the employee’s “remarks about dismissing a co-worker” was not recognized as a ground for discipline because the facts could not be objectively verified, the panel determined that the prolonged and repeated unauthorized absences and related conduct alone constituted serious grounds for disciplinary action. Taking into account that it was difficult to view the disciplinary dismissal as an abuse of discretion to such an extent that it was clearly unreasonable by social standards, the panel concluded that the dismissal in this case was not unfair. Ⅳ. Practical Points (From the Employee’s Perspective) Employees must bear in mind that, under the Labor Standards Act, the most basic obligation is the “duty to provide labor,” namely to work at the designated time and place. If prolonged unauthorized absences or early departures are repeated, they may be evaluated as serious grounds that can independently justify disciplinary dismissal, even in the absence of separate verbal or physical abuse. When conveying complaints to a representative or superior via text message or similar means, employees should also carefully check whether the level of expression could be evaluated as personal insult or as undermining organizational order. If there is a legitimate reason for absence, it is important to provide documentation and reports in advance or afterward so that the absence is not misunderstood as unauthorized. Ⅴ. Practical Points (From the Employer/Company’s Perspective) From the employer’s perspective, when misconduct related to attendance arises—such as unauthorized absences, early departures, or early closure of business—it is important to systematically secure objective materials such as time and attendance records, sales and business records, and text or messenger logs. Employers must always keep in mind that they bear the burden of proof regarding the existence of grounds for discipline, compliance with disciplinary procedures, and the appropriateness of the level of discipline. In addition, if the work rules and personnel regulations clearly specify unauthorized absences and repeated poor attendance as grounds for disciplinary dismissal, and if step-by-step measures such as warnings, corrective guidance, and minor disciplinary actions are documented, the likelihood that the Labor Relations Commission or the courts will recognize the legitimacy of the disciplinary dismissal may increase. Unlike redundancy dismissals, disciplinary dismissals are sanctions based on the individual employee’s fault, so the facts and procedures must be prepared with even greater rigor. (ⓒ2026 copyright. Labor Attorney Youngseop Moon, Labor Law Firm Law&) 2. Matters Determined A. Case Overview and Procedural History A. Whether grounds for disciplinary action existed The employee’s conduct in being absent from work and leaving work early without prior approval from the employer, closing the business early without authorization, and sending multiple text messages to the representative containing inappropriate remarks was recognized as constituting grounds for disciplinary action attributable to the employee. However, the remarks referring to the dismissal of a co-worker were not recognized as grounds for discipline, as the underlying facts could not be objectively verified. B. Whether the level of discipline was appropriate ① The employee’s repeated unauthorized absences over a long period constituted nonperformance of the duty to provide labor, which is fundamental to the employment relationship, and thus amounted to grounds for disciplinary action for which the employee bore serious responsibility; ② The employee … 3. Gist of the Decision A. Summary of the Labor Relations Commission’s Reasoning A. Whether grounds for disciplinary action existed The employee’s conduct in being absent from work and leaving work early without prior approval from the employer, closing the business early without authorization, and sending multiple text messages to the representative containing inappropriate remarks was recognized as constituting grounds for disciplinary action attributable to the employee. However, the remarks referring to the dismissal of a co-worker were not recognized as grounds for discipline, as the underlying facts could not be objectively verified. B. Whether the level of discipline was appropriate ① The employee’s repeated unauthorized absences over a long period constituted nonperformance of the duty to provide labor, which is fundamental to the employment relationship, and thus amounted to grounds for disciplinary action for which the employee bore serious responsibility; ② The employee … / [See More Related Decisions] - “Unfair Dismissal Decision Related to Expression of Intent to Resign (Resignation Remarks in a Telephone Call)” - “Unfair Dismissal Decision Related to Level of Discipline and Transfer (Disadvantages in Daily Life)” - “Unfair Dismissal Decision Related to Expectation of Renewal (Daily Worker with Express Fixed-Term)” [Tags] Unfair dismissal, unauthorized absence and early closure of business (repeated over a long period), disciplinary dismissal, unauthorized absence, 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, “Unfair Dismissal Decision Related to Level of Discipline and Transfer (Disadvantages in Daily Life),” in a new window. ※ The list of decisions related to unauthorized absence and early closure of business (repeated over a long period) can be viewed together in the “List of Decisions Related to Unauthorized Absence and Early Closure of Business (Repeated Over a Long Period).” ※ Korean version of this case: Korean article