This article was published on the ChosunBiz RM Report site on March 23, 2025, at 6:00 a.m.
Actions where subordinates harass their superiors are referred to as '乙질'. Nowadays, the behavior of superiors making things difficult for subordinates, termed '갑질', has also become problematic. Like '갑질', '乙질' can result in termination or criminal punishment if taken to extremes. When a '갑질' superior and an '乙질' subordinate clash, both may bear legal responsibility. Moreover, an '乙질' employee may engage in power struggles not just with their superior but also with the company. What kind of judgment will the court make in such cases? ChosunBiz examined actual court cases.
◇“If an employee refuses work instructions and also violates company policy, termination is justified.”
Mr. A, who worked at an automobile manufacturing and sales company, refused the suggestion of the Head of Team, saying, 'There are frequent errors in the reports, so let's review them together.' He argued, 'I have never heard of a team leader reviewing reports with employees. What right do they have?' Additionally, during communication related to work, he remarked to the Head of Team, 'It seems you have opinions from an employee with no work experience.'
Mr. B, who worked at a financial company, deliberately ignored and excluded their superior in conversations with a colleague. He did not respond to the superior's questions and did not consult during the work process. Mr. B advised his colleague, 'Just turn your head and sigh heavily,' to pressure the superior.
Mr. A and Mr. B were both terminated for refusing work instructions and workplace harassment, respectively. They filed a lawsuit claiming that their termination was unfair, but the court ruled that 'termination is justified.' Mr. A was found to have violated company policy that stated 'the dignity of others must be respected.' Mr. B was also recognized as a perpetrator of sexual harassment.
A human resources attorney with extensive experience noted, 'The Supreme Court has maintained the precedent that one must not abuse disciplinary discretion by significantly losing social appropriateness,' so a single reason for disciplinary action may only result in a pay cut, suspension, or warning. He elaborated that if additional factors, such as refusal to work instructions or fostering discrimination along with violations of company policy and sexual harassment are recognized, it could lead to termination.
◇An employee who deleted work data upon resignation was punished for obstructing work.
'乙질' does not only occur during employment. Recently, some corporations have reported instances where employees delete important work-related data upon resigning, referred to as 'new-type 乙질'. There are cases where employees make excuses by saying, 'Didn’t you tell me to erase all the data from the laptop and return it?' or try to engage in a 'transaction' with the company while keeping original data separately.
Mr. C, who worked at an online shopping company, also left the company without completing a year of service. Initially starting in sales, he eventually took on online promotion duties due to the small size of the company. During his employment, Mr. C created a direct transaction platform account in his own name but deleted the account upon leaving the company. Thinking he could delete it freely since it was in his name, this act caused the company to lose its list of 2,000 members.
As a result, the company filed a complaint against Mr. C for obstructing work. The court imposed a fine of 700,000 won on Mr. C. The court stated, 'Other employees also used the account to carry out their work,' and concluded that 'Mr. C must have recognized that deleting the account could obstruct the company's operations.'
◇“Fistfights between superiors and subordinates could lead to punishment for both parties.”
Mr. D, who works for a machinery parts company, was scheduled to collect goods from a client. However, due to personal circumstances, his direct superior decided to go instead. When the superior said, 'I have to come in early because of that f***er,' a dispute ensued when Mr. D replied, 'Please don't curse at me.' After the superior head-butted him, Mr. D pushed back and choked the superior, saying, 'Let’s take off the rank and fight once.' The confrontation ended when colleagues intervened, but Mr. D faced charges of assault.
The court imposed a fine of 500,000 won on Mr. D. The court acknowledged that the superior had initiated the assault first. However, it concluded, 'Mr. D's actions were intentional and did not meet the criteria for self-defense.'
A criminal defense attorney remarked, 'This case is one where a superior can also be prosecuted for assault,' and noted, 'Even if both parties agree not to prosecute each other and fight, both could still face criminal punishment.'