Article 27 of the Labor Standards Act

Kim Jong-man

Korean Cosmetics Corporation

Seoul District Court Branch (86Gahap2393)

Supreme Court Decision 87Meu3196

The judgment of the first instance shall be revoked.

All of the plaintiff's claims are dismissed.

All costs of a lawsuit shall be borne by the plaintiff.

It is confirmed that the defendant's disciplinary dismissal against the plaintiff as of May 26, 1986 is null and void.

From May 26, 1986 to the date of the final judgment of this case, the Defendant shall pay to the Plaintiff the amount equivalent to KRW 155,404 per month.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

The same shall apply to the order.

On April 24, 1974, the plaintiff was not aware of the above facts that he had been employed by the defendant company as the 2nd engineer of the defendant company, and the defendant company was forged as if he had graduated from the non-party 2, and submitted such certificates to the defendant company on May 26, 1986, and the defendant company's name was stated in Article 13 [No. 1 (No. 9-2, No. 10) of the Rules on the Personnel Affairs of the defendant company, No. 8 (No. 9-2, No. 9-2, No. 10), and No. 12 of the Rules on the Disciplinary Action against the non-party 2 (No. 9-2, No. 1, No. 4). The defendant was found to have violated the above facts that the non-party 1 had no knowledge of the facts that the plaintiff had been employed on the ground that he had been employed by the defendant company's 1, No. 51-1, and no dispute exists between the parties concerned.

As the Plaintiff had faithfully worked for eight years without any occupational defect due to the lack of academic background, the above facts alone do not constitute a justifiable ground for dismissal. Moreover, the Plaintiff’s dismissal disposition is null and void for the purpose of preventing the Plaintiff from exercising influence over the Defendant Company’s trade union. As such, the Defendant asserted that the above dismissal disposition was seeking confirmation of invalidity of the above dismissal disposition and payment of wages by unlawful means, such as causing the Plaintiff to be disqualified as the packing room members of the Defendant Company due to lack of academic background, and committing serious criminal acts such as fabrication of public document, and thus, the above dismissal disposition is justifiable. As such, the Defendant’s above dismissal disposition is not only a clear ground for dismissal of the Plaintiff’s qualification as an employee, but also a clear ground for rejection of the Plaintiff’s employment order, such as vocational experience and job experience, and disciplinary action against the Plaintiff, etc. for more than eight years since it cannot be viewed as unlawful after considering the above fact that the Defendant continued to submit the Plaintiff’s employment certificate by means of proving that it did not constitute a ground for dismissal under the rules of employment as seen above.

Therefore, the dismissal of the plaintiff under the premise that the dismissal of this case is null and void and all claims for payment of wages shall be dismissed. Since the judgment of the court of first instance is unfair in conclusion, the judgment of the court of first instance shall be revoked, and the plaintiff's claim shall be dismissed, and it is so decided as per Disposition by applying Articles 96 and 89 of the Civil Procedure Act to the burden of litigation costs.

Judges Go Jin (Presiding Judge)