[Plaintiff, Appellant] Hanguk Sejeong Sinbo Co., Attorney Kim Sang-hun, Counsel for the Plaintiff
[Defendant, Appellee] Chairman of the National Labor Relations Commission
[Judgment Below]
Seoul High Court, Judgment of October 25, 1982, Case No. 81Gu681
[Order]
The judgment below is reversed, and the case is remanded to the Seoul High Court.
[Reasoning]
The grounds of appeal are examined.
The court below found the following facts: Nonparty, who had worked as a printer for the Plaintiff company, filed a claim for damages with the competent Labor Relations Commission against the Plaintiff on the ground that he had suffered an unfair dismissal in violation of the terms of employment; and on September 30, 1981, the National Labor Relations Commission, finding that the Nonparty's claim had merit, rendered the decision at issue in the judgment below (hereinafter "this decision"), ordering the Plaintiff to pay the amount of money stated in the judgment below. Having found these facts, the court below held that, pursuant to Article 23, Paragraph 2 of the Labor Standards Act (근로기준법), the National Labor Relations Commission has the authority to hear and decide claims for damages arising from violation of the terms of employment under Paragraph 1 of the same Article, and therefore the National Labor Relations Commission's decision was lawful as being within the scope of its authority.
However, Article 23, Paragraph 1 of the Labor Standards Act provides that where the terms of employment specified pursuant to Article 22 differ from the actual facts, the employee may claim damages for the violation of the terms of employment, or may terminate the employment contract.
Paragraph 2 provides that where an employee makes a claim for damages under Paragraph 1, the employee may file an application with the Labor Relations Commission. Therefore, in order for a decision of the Labor Relations Commission to constitute a decision concerning a claim for damages under the above Article 23, the content of the decision must be premised on the fact that the employer violated the terms of employment and thereby caused damage to the employee, and must order the employer to pay damages on the ground that the employee has a right to claim such damages. However, upon examining the judgment below, there is no statement whatsoever, either in the grounds of this decision of the National Labor Relations Commission or in the decision itself, as to the basis on which it ordered the Plaintiff to pay the amount of money stated in the judgment below on the ground that the Nonparty had a right to claim damages; nor is there any statement as to which of the terms of employment specified at the time of the conclusion of the employment contract with the Nonparty employee the Plaintiff, as employer, violated, and how such violation caused the Nonparty to sustain the damage stated in the decision.
According to the reasoning of the judgment below, the court below, on the premise that the dismissal of the Nonparty by the Plaintiff should be determined based on whether the dismissal was justified as referred to in the Labor Standards Act, held that the dismissal, having been made without just cause, is recognized as an unfair dismissal, thereby stating, in effect, that since the dismissal was made "without just cause" as provided in Article 27, Paragraph 1 of the Labor Standards Act, the Plaintiff must pay the amount stated in the judgment to the Nonparty. Meanwhile, according to the reasoning of this decision (Exhibit Eul No. 1), it can be seen that the National Labor Relations Commission determined that the Plaintiff, who dismissed the Nonparty, is deemed to have violated Article 27, Paragraph 1 of the Labor Standards Act, and, on the premise that the dismissal was invalid as being in violation of the said provision, ordered the Plaintiff to pay the amount of money stated in the judgment below. Thus, if the Nonparty's claim for payment of money in this case is premised on the dismissal being invalid as violating Article 27, Paragraph 1 of the Labor Standards Act, then whether the dismissal is invalid as violating the said provision must first be determined; therefore, such a claim cannot be deemed a claim for damages due to violation of the terms of employment under Article 23 of the Labor Standards Act, and the National Labor Relations Commission has no authority to hear and decide such a claim by the Nonparty.
The court below, without conducting any examination or making any determination as to the grounds for this decision of the National Labor Relations Commission or the basis for ordering the Plaintiff to pay money in the said decision, held that this decision of the National Labor Relations Commission was a decision concerning a claim for damages due to violation of the terms of employment under Article 23 of the Labor Standards Act; this constitutes an illegality due to incomplete deliberation or failure to state adequate reasons, and the argument on this point is well-founded.
Therefore, without examining the remaining grounds of appeal, it is decided to reverse the judgment below and remand the case, and it is so ordered by the unanimous opinion of the participating Justices, as stated in the Order.
Justice Jeong Tae-gyun (Presiding Justice), Yun Il-yeong, Kim Deok-ju, Oh Seong-hwan