The case affirming disciplinary dismissal on the ground that smoking in a non-smoking area of a factory dealing with powders at all times is a violation of the regulations.

The case affirming disciplinary dismissal on the ground that smoking in a non-smoking area 1 meter away from a dangerous factory laboratory with the highest risk of explosion is a violation of the bylaws.

Article 27 of the Labor Standards Act

Plaintiff 1 et al., Counsel for the plaintiff-appellee and three others, Counsel for the plaintiff-appellee)

Defendant 1, Defendant 1 et al.

Seoul High Court Decision 90Na33419 delivered on May 10, 1991

All appeals are dismissed.

The costs of appeal shall be assessed against the plaintiff, etc.

According to the reasoning of the judgment below, the court below affirmed the plaintiffs' rejection of the above facts-finding by finding out that the plaintiffs' actions against the non-party 1, who were transferred to the Ministry of Quality Assurance at the time of 14:20 on May 23, 1989, constitute a violation of the rules of employment since the non-party 1, who was subject to relocation disposition from the Ministry of Quality Assurance at the time of 206, conducted a survey on the fact-finding that the transfer disposition is unfair, and therefore, the above transmission order was visiting the above transmission order in order to grasp the circumstances and divided the above transmission order into a dangerous factory laboratory after moving the dangerous factory laboratory at the place where the above transmission order was operated, and it was hard to view that the plaintiffs' actions against the non-party 1, the above violation of the rules of employment should not be seen as being unfair because the plaintiffs' actions against the non-party 1's non-smoking area were conducted by the non-party 1's non-smoking or non-smoking area, and therefore, the plaintiffs' actions against the above violation of the rules of employment regulations.

Therefore, we cannot accept the appeal that there was a mistake in fact-finding or an error in incomplete deliberation of the lower court, and we cannot accept the allegation that the lower court erred by misapprehending the legal principles on abuse of disciplinary authority or by misapprehending the legal principles on unfair labor practices.

All appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)