JIPYONG LLC

A human resources team manager of a telemarketing company (the “Employee”) was suspended for workplace sexual harassment among others, discharged from the position of the human resources team manager, and assigned to work in another department when a claim was filed with the local office of employment and labor on another charge of sexual harassment from the past. In the investigation process, the Employee expressed an intent to resign. However, the Employee filed a lawsuit for declaration of invalidation of the suspension and termination by arguing that the expression of intent to resign was forced by the employer and the resignation therefore was a termination.

Jipyong represented the employer and explained that the act of the Employee which resulted in the suspension may be deemed the workplace harassment under the Equal Employment Opportunity and Work-Family Balance Assistance Act even if it does not constitute the indecent act by compulsion under the Criminal Code. Jipyong also explained that the Employee voluntarily expressed the intent to resign upon concluding that it would be better to resign given his position at work due to the repeated issues of sexual harassment.

The court accepted the employer’s arguments and determined that the Employee decided to resign because the Employee determined it would be for the best given the circumstances at the time rather than raising an objection despite that there are some indicators that the company forced the Employee to resign. The court therefore concluded that the Employee’s resignation as voluntary. Given that the employment relationship was lawfully terminated by the resignation of the Employee, the court viewed that there was no grounds for seeking the declaration of the invalidation of the suspension and therefore dismissed this argument about the suspension.