Section 2: Individual Labor Relations
Chapter 9: Termination of Other Employment Relations
3. Declaration of Untrue Intention of Resignation
3.3 Submission of Letter of Resignation as a Formality to Demonstrate Accountability for Quality Deficiency
| Supreme Court Decision on January 14, 2010, Case 2009du15951 | |||||
| * Plaintiff, Appellee: Ryu ○○
* Defendant: Chairman of the National Labor Relations Commission * Defendant Intervenor, Appellant: Kim ○○ 1. Facts a. On October 9, 2007, during a regular executive meeting, the plaintiff instructed Managing Director Yu ○○ to report on the cumulative defect rate and related loss costs from January to September 2007. Yu ○○ then directed Woo ○○, the head of the Quality Management Team, to investigate these matters. b. The investigation by Woo ○○ revealed that the related loss costs amounted to approximately 50 million won. Yu ○○ called a meeting of all Quality Management Team staff, where he strongly reprimanded them for the quality defects and poor work attitudes, causing company wide losses. He then suggested that they should show a responsible attitude by drafting resignation letters. Following this, he wrote his own resignation letter and handed it to Woo ○○ on the spot. c. Subsequently, Woo ○○ and Seong ○○ wrote their resignation letters, while the participant and another individual, Lee ○○, refused to write theirs. However, Woo ○○ reassured them that the resignation letters would not be processed and encouraged them to write them anyway, leading to the participant finally writing one as well. 2. Court Judgment a. Even if the employer formally terminates the employment contract by accepting and processing the resignation letters in the form of dismissal at the employee's request, if an employee is forced to write and submit a resignation letter against their will, it is substantially a unilateral decision by the employer to terminate the employment relationship, thus constituting a dismissal. b. The submission of the resignation letter by the participant was merely a formal gesture to demonstrate a responsible attitude regarding the issues of quality defects, on the part of the entire Quality Management Team. Therefore, the expressions of intent to resign based on this are considered 'no genuine expressions of intent'. Considering the directive for review issued by Managing Director Yu ○○, the reporting procedure, and the scale of ○○ Metals, it is reasonable to conclude that the plaintiff knew or should have known that the submission of the resignation letter by the participant was not genuine. |
|||||
| Download : 대법 2009두15951.pdf | |||||
|
<<
< 1 >
>>
|
Table of Contents