A court ruled that "the company's action was justified" in a case where a male Director General at the Korea Real Estate Board (REB) was dismissed for repeatedly making sexually harassing remarks to a female intern and an assistant manager.
The 12th Administrative Division of the Seoul Administrative Court (Presiding Judge Kang Jae-won) said on the 30th that on Sept. 25 it ruled to cancel the Central Labor Relations Commission's decision that the dismissal of Director General A at the board was unfair.
Director General A joined the board in 2011 and worked as a Director General at a branch from 2022 to 2023. It was found that A repeatedly engaged in sexual remarks and conduct and workplace bullying toward Intern B and Assistant Manager C, who worked in the same department at the time. In particular, Intern B's conversion to a full-time position depended on Director General A's evaluation.
According to the board's investigation, in 2023 Director General A made an explicit sexual remark to Intern B, saying, "Do you sleep and pursue a relationship?" A also suggested at least three to four times "I'll take you home," and there were multiple instances of physical contact, such as "tapping" the upper arm or shoulder of Intern B while she was working.
Director General A also made a remark to Intern B to the effect that "depending on my evaluation, you may not be converted to a full-time position."
In addition, at a team dinner in Sept. 2022, Director General A told Assistant Manager C, "I am married but I want to date," and also made remarks to the effect of suggesting they stay overnight together. A also assigned C personal tasks.
Intern B and Assistant Manager C reported sexual harassment and "gapjil" to the board in May 2023. To separate the parties, the company transferred Director General A to another branch. Afterward, an investigative committee determined that A had committed sexual harassment and workplace bullying and resolved to dismiss A.
In addition, after the report was filed, despite Intern B and Assistant Manager C refusing, Director General A gave them handwritten letters or called them into a conference room for face-to-face apologies. The company viewed this as secondary harm.
In an internal investigation, Director General A explained that saying "Do you sleep and pursue a relationship?" was meant to inform that the meaning of "jaman-chu (pursuing a natural relationship)" had changed, without any intent of sexual harassment. A also claimed the physical contact was unconscious.
The board resolved to dismiss A, saying, "(Director General A) has low gender sensitivity and shows no room for reflection, as most of the facts are denied."
Director General A sought relief from the Jeonnam Regional Labor Relations Commission, claiming the disciplinary action was unfair, but was rejected. However, the Central Labor Relations Commission acknowledged only that A said to Intern B, "Do you sleep and pursue a relationship?" and asked Assistant Manager C questions related to dating, and judged the dismissal to be excessive. The board filed an administrative lawsuit objecting to the central commission's decision.
The Seoul Administrative Court concluded that the central commission's decision, which viewed the dismissal of Director General A as an unfair termination, was unlawful, saying, "There are clear statements not only from the victims but also from other employees who worked in the same office," and added, "In cases where the facts of workplace sexual harassment or bullying are objectively and clearly recognized, strict sanctions were necessary."