Whether the validity of a disciplinary dismissal shall be terminated if the procedures for review of disciplinary action are prescribed in the collective agreement (negative)

The dismissal under the Labor Standards Act is a sole act that unilaterally terminates an employment contract or labor relationship regardless of the worker's will, regardless of whether it is a disciplinary action or a dismissed dismissal, and even if the collective agreement provides that a person who is subject to a disciplinary action may file a petition for review, the review procedure is merely a remedy procedure for the worker, and a disciplinary action is not effective immediately, and the labor relationship between the employer and the worker who is subject to a disciplinary action is terminated.

Article 27 of the Labor Standards Act

Plaintiff

Head of Changwon Military Manpower Branch Office (Defendant before Correction: Head of Busan Regional Military Manpower Office)

Pungsan, Inc.

Busan High Court Decision 89Gu1568 delivered on October 4, 1991

The judgment below is reversed, and the case is remanded to Busan High Court.

We examine the grounds of appeal.

On the first ground for appeal

According to the records, the court below's decision that the period of filing the suit of this case did not proceed due to the lack of legitimate service of the original written judgment against the plaintiff, and that the lawsuit of this case was filed after the expiration of the period of filing the suit and thus unlawful is just, and there is no error of law as to the application and interpretation of the law, such as the theory of lawsuit, and there is no ground for appeal.

On the second ground for appeal

According to the reasoning of the judgment below, the court below determined on January 18, 1989 that, based on macro-Evidence, the defendant defendant's defendant company held a disciplinary committee and decided to discipline the plaintiff on January 18, 1989 and accordingly notified the plaintiff on February 4 of the same year. The collective agreement of the above company provides that if a person who is subject to disciplinary action is dissatisfied with the disciplinary action, a request for reexamination in writing may be made within 15 days from the date of receipt of the notification. The plaintiff filed a request for reexamination of the above disciplinary action on February 12 of the same year, but the request for reexamination was dismissed on March 13 of the same year, barring any special circumstance, that the initial disciplinary procedure and the procedure for reexamination should be completed as a single disciplinary procedure, and that the result of the disciplinary procedure should also be terminated, and that the dismissal procedure becomes effective only once the disciplinary action procedure is terminated, and that the dismissal procedure becomes effective.

However, the dismissal under the Labor Standards Act is a sole act to terminate a labor contract or labor relationship unilaterally regardless of the worker's will, regardless of whether it is a disciplinary action or dismissal, and in light of the nature of such dismissal, if a person who is subject to a disciplinary action under the company's collective agreement is dissatisfied with it, a request for reexamination may be made. However, the procedure for reexamination is merely a remedy procedure for the worker, and the labor relationship between the employer and the worker who is subject to a disciplinary action is terminated as soon as it becomes effective. However, if a disciplinary dismissal disposition is revoked in the retrial, it is only that the dismissal is not made retroactively.

Therefore, the decision of the court below that the initial disciplinary procedure and the procedure of review constituted a single disciplinary procedure shall take effect only when the procedure of review is completed, and that the effect of the dismissal of the disciplinary action against the plaintiff shall take effect on March 13, 1989 when the above request for review was dismissed. The decision of the court below is erroneous in the misapprehension of legal principles as to dismissal of disciplinary action, and it is reasonable to point out this error.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)