The 12th Division of the Seoul Administrative Court (Presiding Judge Kang Jae-won) announced on the 30th that it ruled on September 25 to cancel the National Labor Relations Commission’s decision that the dismissal of Manager A of the Real Estate Agency was unfair.
Manager A joined the Real Estate Institute in 2011 and worked as a manager at a branch from 2022 to 2023. It was revealed that he repeatedly made sexual remarks and harassed intern B and assistant manager C, who were working in the same department at the time. In particular, intern B was in a position where whether or not he would be converted to a full-time employee depended on the evaluation of manager A.
According to a survey by the Real Estate Institute, Manager A said to Intern B in 2023, “You are sleeping and seeking a meeting.”
In addition, Manager A made a remark to Intern B to the effect that “depending on your evaluation, you may not be converted to a full-time employee.”
Also, Manager A said to Assistant Manager C, ‘I’m married, but I want to date,’ at a dinner party in September 2022, and also suggested that they stay together. He also ordered Assistant Manager C to do his own work.
Intern B and Assistant Manager C reported sexual harassment and ‘abuse of power’ to the Real Estate Agency in May 2023. The management transferred Manager A to another branch in order to separate the employees. Afterwards, the investigation committee determined that Manager A had engaged in sexual harassment and bullying in the workplace and decided to dismiss him.
In addition, after the report was received, Manager A gave a handwritten letter to Intern B and Assistant Manager C even though they refused, or called them into the conference room and apologized to them. The company judged it to be a secondary offense.
Manager A said in an internal investigation, “You are sleeping and pursuing a meeting.
The Real Estate Agency voted to dismiss, saying, “(Manager A) has low gender sensitivity, and there is no room for reflection, as he denies most of the facts.”
Manager A applied for relief to the Jeonnam Regional Labor Relations Commission, claiming that the disciplinary action was unfair, but was rejected. However, the Central Labor Relations Commission said that Manager A said to Intern B, “You are sleeping and seeking a meeting.”
The Seoul Administrative Court’s ruling concluded that the Central Labor Relations Commission’s ruling that Manager A’s dismissal was an unfair dismissal was illegal, saying, “There are clear statements not only from the victim’s statement but also from other employees who worked in the same office,” and that “there was a need to strictly sanction sexual harassment or harassment in the workplace when the facts of misconduct were objectively and clearly recognized.”
https://n.news.naver.com/article/366/0001126996