Lawsuit to cancel a review decision on unfair dismissal, contesting the validity of a public institution's dismissal of an employee

A public institution dismissed an employee for misconduct, including obstruction of business and verbal abuse that occurred in the course of labor union activities, and the employee challenged the validity of the dismissal.

Attorney Jaehoon Lee represented the public institution on appeal in a lawsuit seeking cancellation of a review decision on an unfair dismissal remedy application.

The key issues were whether the employee's conduct fell within the scope of legitimate labor union activities, whether each ground for discipline, including obstruction of train operator practical training and verbal abuse of management, was established, and whether the dismissal exceeded or abused the institution's disciplinary discretion.

The calculation of working hours for train operator practical training and the payment of overtime allowances were also disputed.

Attorney Lee reviewed records relating to the labor union activities and the disciplinary process, and analyzed the facts and legal justification for each ground for discipline.

In particular, on whether the train operator practical training had been obstructed, he analyzed the circumstances at the time of the training, the statements of the employees involved, and the results of witness examinations. On whether management had been verbally abused, he rebutted the other party's arguments using the results of a voiceprint analysis of the recordings.

He also reviewed the collective agreement and records relating to working hours and the payment of allowances, analyzed the legal principles on the scope of legitimate labor union activities and on determining the appropriate level of discipline, and argued that the dismissal was justified.