[Plaintiff, Appellee] Plaintiff (Counsel: Deoksu Joint Law Office, Attorney Kim Chang-guk and 5 others)
[Defendant, Appellant] Chairman of the National Labor Relations Commission (중앙노동위원회)
[Intervenor for Defendant, Appellant] Hanil Bus Co., Ltd. (Counsel for Intervenor: Bae Man-woon)
[Lower Court Decision] Seoul High Court Decision 96Gu3335, decided May 20, 1997
[Order]
The lower court's decision is reversed, and the case is remanded to the Seoul High Court.
[Reasoning]
The grounds of appeal are examined.
According to the reasoning of the lower court's decision, the lower court found, based on the evidence presented, the following facts: On August 8, 1995, the Intervenor for Defendant (hereinafter "the Intervenor") company disciplinarily dismissed the Plaintiff, who had been working as a bus driver, on the grounds that (1) he cancelled one city bus operation, (2) he used abusive language toward a superior, (3) he slandered the company to car washers and maintenance workers and interfered with business operations, and (4) he violated his duty of confidentiality regarding business matters by filing complaints with related agencies, thereby damaging the company's reputation. The lower court found that the facts alleged under item (3) were not established, but found the following: (1) On June 3, 1995, the Plaintiff arrived at 17:21 for the first bus run that was scheduled to arrive by 17:00, and thereafter failed to depart on time because he was eating dinner, thereby causing the cancellation of the second run; (2) On the 5th of the same month, when the Intervenor company imposed a disciplinary suspension of 29 days on the Plaintiff on the grounds of a traffic accident in front of the Maninsan rest area, the Plaintiff, on the 13th of the same month at around 11:00, in the CEO's office of the Intervenor company, demanded withdrawal of the disciplinary action, and in the course of the ensuing dispute, made abusive statements such as "Are you the president?", "If I file a complaint, this company will go bankrupt," and "I will bring down this company's signboard," and also cursed at the executive director who tried to intervene; (4) In around July 1995, despite having caused the traffic accident at the aforementioned Maninsan rest area through his own negligence, the Plaintiff reported and filed complaints with media organizations such as the Traffic Newspaper (교통신문) and the Chungcheong Ilbo (충청일보), as well as with the Labor Office, alleging that the Intervenor company's negligent vehicle maintenance caused the accident and that the Intervenor company was engaging in the wrongful practice of shifting all responsibility onto the drivers, as a result of which the Traffic Newspaper, Chungcheong Ilbo, and others published articles to that effect.
The lower court then determined as follows: although each of the above facts constitutes grounds for disciplinary dismissal under the rules of employment as stated in the judgment, with respect to item (1), the delay in the bus's arrival was due to traffic congestion and cannot be regarded as the Plaintiff intentionally delaying arrival under the pretext of law-abiding operation; in light of the circumstances of the Intervenor company's dining facilities and the customary practice of drivers eating dinner, the Plaintiff cannot be solely blamed for eating dinner before the second run, and rather, greater fault lies with the Intervenor company's unreasonable bus operation schedule; and considering that the Intervenor company itself had on several occasions in the past cancelled bus operations due to vehicle breakdowns and repairs, etc., the single act of cancelling one bus run cannot, by itself, be deemed a cause serious enough to make continuation of the employment relationship with the Plaintiff impossible. With respect to item (2), the abusive language arose in the course of the Plaintiff seeking leniency regarding the disciplinary action against him, when the CEO refused the Plaintiff's request and a dispute ensued; and in light of the circumstances of the abusive language as revealed in the pleadings of this case, its degree, subsequent circumstances, and other relevant matters, it is difficult to view the Plaintiff's misconduct of this degree as a cause serious enough to make continuation of the employment relationship impossible. With respect to item (4) as well, the facts found are insufficient to establish that the Plaintiff violated the duty of confidentiality regarding business matters as prescribed by the rules of employment; rather, it appears that the Plaintiff, having been subjected to disciplinary suspension by the Intervenor company due to the traffic accident described above, believed that the accident was also attributable to the Intervenor company's poor vehicle maintenance, and after his demand for withdrawal of the disciplinary action went unfulfilled, engaged in the conduct described above in order to appeal to the media regarding what he believed to be an unjust situation; considering this, it is difficult to regard the Plaintiff's conduct as necessarily constituting a cause serious enough to make continuation of the employment relationship with him impossible. Considering all of the foregoing grounds together, it is still difficult to conclude that such grounds constitute a cause serious enough to make continuation of the employment relationship with the Plaintiff impossible; therefore, the Intervenor company's dismissal of the Plaintiff on the basis of the above grounds exceeded or abused the scope of its disciplinary discretion, and the dismissal was therefore wrongful.
However, according to the statement in Defendant's Exhibit No. 1-18 (minutes of the disciplinary committee meeting), which the lower court did not reject, the Plaintiff, when questioned at the disciplinary meeting regarding the cancellation of the bus run, stated: "As I was properly observing the Road Traffic Act (도로교통법) and operating in a law-abiding manner, I arrived 7 minutes before the following driver, Nonparty... and because I was eating, I did not have enough time, so I did not depart." In addition, considering the fact that other drivers on that day stated that "the Plaintiff said, 'Why are you driving so fast? Drive slowly and law-abidingly like me'" (Defendant's Exhibits No. 33 and 34), it cannot be said that the Plaintiff bore no responsibility whatsoever for the delay in the bus's arrival that day. Moreover, since the Intervenor company's bus routes and the departure and arrival times for each route are determined by the Daejeon City Joint Bus Management Committee (대전시 시내버스공동관리위원회), just as with all other city bus companies in the Daejeon area (testimony of witness Nonparty), and administrative sanctions are imposed for violations thereof, it cannot be said to be appropriate for the lower court to have reasoned as though the Intervenor company bore greater responsibility regarding the operation schedule.
Furthermore, in light of the fact that, in cases where the preceding and following buses arrive together due to traffic congestion, other drivers generally seek the understanding of the following driver, eat quickly, and depart first, or otherwise eat after completing the next run, so as to observe the operation schedule as much as possible (testimony of witness Nonparty), it is entirely unreasonable to take into account, as a mitigating factor, the customary practice of the Intervenor company's drivers eating dinner under normal operating circumstances, with respect to the Plaintiff, who, faced with a delay in the second run due to the delayed arrival of the first run, refused the prepared meal in order to eat properly, ordered ramen which takes longer to prepare, and then cancelled the bus run on the ground that time had run out. In this case, where there are clear indications that the Plaintiff deliberately neglected to depart for the second bus run despite being obligated to do so, it likewise cannot be deemed reasonable to take into account the fact that the Intervenor company itself had cancelled bus operations several times in the past due to vehicle breakdowns and repairs, etc. (if the cancellation was for the purpose of repairing a vehicle breakdown, such cancellation would be unavoidable).
Furthermore, if the abusive language and cursing described in item (2) did in fact occur, then regardless of whether it arose from the Plaintiff seeking leniency regarding the disciplinary action and being refused, the fact that it took place during working hours in view of, or within earshot of, other employees means that it disrupted workplace order. Moreover, the Plaintiff neither showed any remorse nor apologized thereafter, and the fact that he brought a recording device with him from the outset suggests that he was scheming to create a pretext or to gather evidence, indicating that his motive was not pure. In light of these points, it cannot be readily concluded that the abusive language alone does not constitute a cause making continuation of the employment relationship difficult.
Furthermore, with regard to item (3), the article in the Chungcheong Ilbo dated July 27, 1995 substantially damaged the reputation of the Intervenor company. Considering that the Plaintiff filed a petition for relief with the Regional Labor Relations Commission against the disciplinary suspension on June 21, 1995, and that the Regional Labor Relations Commission dismissed the Plaintiff's petition as unfounded on July 18 of the same year, it can be said that the Plaintiff concealed the decision of the Regional Labor Relations Commission and instead reported only his own unsubstantiated allegations to the media, causing them to be published as news articles, thereby damaging the company's reputation. This appears to reveal malicious intent to damage the reputation of the Intervenor company rather than a genuine appeal against injustice, and therefore it cannot be concluded that this does not constitute a serious cause making continuation of the employment relationship difficult.
Moreover, where an employee is subject to multiple disciplinary charges, whether a disciplinary dismissal based thereon is proper should not be judged based on each individual ground or only some of the grounds, but should be determined based on whether, in light of all the grounds taken together, the employee bears responsibility to such a degree that, according to social norms, the employment relationship cannot be continued (see Supreme Court Decision 95Nu15742, delivered September 20, 1996); and misconduct occurring even after the disciplinary action may still be taken into account as material for determining the appropriateness of the disciplinary measure (see Supreme Court Decision 96Da2378, delivered April 23, 1996). In this case, even if it is not clear whether each individual ground for dismissal recognized herein, standing alone, constitutes a serious cause making continuation of the employment relationship difficult, when all the grounds are considered together, and further considering that the Plaintiff, excessively fixated on the belief that the disciplinary suspension against him was unjust, wandered around the company premises with a camera late at night claiming to be gathering evidence of the company's wrongdoing, and that, despite having himself previously cancelled a bus run due to his own fault, the Plaintiff nevertheless filed complaints with the administrative authorities on three occasions alleging that the Intervenor company had cancelled bus operations, some of which were confirmed to involve failures such as the omission of pre-operation inspections, resulting in the imposition of administrative fines - even though such complaints were filed after the dismissal, this can only be viewed, with respect to the Plaintiff who is contesting the validity of the dismissal, as conduct that completely betrayed the relationship of trust with the Intervenor company - taking these circumstances into account, it must be concluded that there exists, in this case, a serious cause making it difficult, according to social norms, to continue the employment relationship with the Plaintiff.
Nevertheless, the lower court's determination, based solely on the reasoning set forth in its decision, that the Plaintiff's above acts could not be deemed to constitute causes making continuation of the employment relationship difficult, involved a misapprehension of some facts in violation of the rules of evidence, and a misunderstanding of the legal principles concerning just cause for disciplinary dismissal and the scope of disciplinary discretion, which affected the outcome of the judgment. The ground of appeal pointing this out is therefore well-founded.
Accordingly, the lower court's decision is reversed, and the case is remanded to the lower court for further examination and determination. This judgment is rendered as set forth in the Order, with the unanimous agreement of the participating Justices.
Justice Seo Seong (Presiding Justice), Choi Jong-yeong, Lee Don-hee (Justice in Charge), Lee Im-su