JIPYONG LLC

The defendant was a public institution in research and development of educational programs. The plaintiff was a woman who worked as a researcher at the defendant institution, and the plaintiff was given a reprimand for pushing on the breasts of the female administrative assistant who was requesting for support with the printer. The plaintiff argued that the disciplinary procedures were unlawful; that there was no grounds for disciplinary action because she did not engage in any act which would constitute sexual harassment; and even if there was any, the disciplinary action of action reprimand was excessive in filing a lawsuit for declaration of invalidation of the disciplinary action.

Jipyong represented the defendant and argued that (i) there was no benefit to be gained from claiming for the declaration of the invalidation because the records of the reprimand in this case was already expired in accordance with the human resources management policy; (ii) there was no procedural deficiency in the disciplinary procedures such as lawfully organizing the human resources management committee in accordance with the human resources management policy; and (iii) the acts of the plaintiff were sexual harassment and the defendant gave the reprimand to fulfill the duty as the employer to protect the employees.

The court therefore accepted these arguments and determined that there is no benefit to be gained from the declaration of the invalidation of the reprimand in this case.