JIPYONG LLC

[Case No. Ulsan District Court decision 2019GaHap14963 dated June 4, 2020]

This was a case finding that termination via text message to a temporary part-time employee set to work for one week on the last day of the week was not valid termination.

The defendant operated a small restaurant, and the plaintiff worked as a temporary part-time employee at the restaurant for the total of seven days from January 17, 2019 to January 24, 2019. On January 24, 2019, the defendant sent a text message to the plaintiff that the employee would be terminated along with payment for the work for the seven days. The plaintiff then claimed for relief from improper dismissal; however, the claim was dismissed because the restaurant has less than five employees. The Central Labor Relations Committee also dismissed for the same reason.

The court found based on the same reason that the restaurant is not a place of business with five (5) or more employees that the restaurant is not subject to Article 23(1) of the Labor Standards Act. Instead, the relevant provisions under the Civil Code apply to the termination of the employment agreement. In this case, the employment agreement was for one week according to the facts set out below.

1. The defendant argued that the defendant had agreed with the plaintiff to decide whether to continue the employment agreement after one week of employment. This is not an uncommon practice and not disputed between the parties.

2. The defendant sent the text message to terminate after one week from the start of work.

The court therefore found that the employment agreement between the parties was expired and lawfully terminated and that the plaintiff’s claim is without a reason.