Court dismisses all claims for industrial accidents and damages from workers who belatedly resign from the company... 3-year lawsuit concluded

Employee claims unfair dismissal and illegal actions, saying he withdrew his resignation before accepting it

Holding the company accountable for intentionally obstructing industrial accident approval

Court: “It is difficult to recognize the worker’s claim”… 3-year legal battle concluded

Application for unfair dismissal relief, supported by dismissal of unfair dismissal relief judgment cancellation

[Sports Seoul | Reporter Kim Su-ji] There was a case where all claims for industrial accident damages filed against the company by a worker claiming an industrial accident due to unfair dismissal were dismissed.

The Seoul Southern District Court ruled that all claims of worker A would be dismissed in a lawsuit against Company B and its executives and employees seeking compensation for damages due to illegal acts such as violation of the Labor Standards Act and violation of the duty of care under the Occupational Safety and Health Act.

Mr. A eventually submitted a letter of resignation upon receiving notice from the company that it had decided to abolish the department he was in at the time. He later withdrew it before it was accepted, but the company claimed that it did not accept it and claimed 50 million won in damages against key executives and employees and the corporation.

The main purpose of the claim is that an industrial accident occurred during the retirement process due to illegal acts and unfair work instructions, and Company B and its executives and employees intentionally interfered with delaying the approval of the industrial accident by denying the occurrence of the industrial accident. As a result, the company suffered economic loss and mental damage, and the company is liable for damages exceeding the value of industrial insurance benefits.

Company B and its employees say it is unfair. In the plaintiff's lawsuit and criminal complaint, which lasted for more than three years, the facts were sufficiently argued and argued, and rather, he complained that he had suffered a lot of pain and property damage due to Mr. A's actions.

According to Company B's claim, Mr. A submitted his resignation voluntarily and claimed that there was no act of deception or coercion in this process.

The three-year legal battle between Mr. A and Company B ended with the court in favor of Company B.

The court explained, “It is difficult to admit that an illegal act like the plaintiff’s claim was committed, and industrial accident compensation, which has the nature of a social security system that provides compensation as prescribed by law regardless of the intention or negligence of the employer, etc., and liability for damages based on the principle of negligence are completely different in nature.”

Previously, the Local Labor Relations Commission ruled to dismiss Mr. A's application for relief, saying that the employment relationship was terminated by legally accepting the resignation letter in this case. When the retrial was dismissed, an unfair dismissal lawsuit was filed seeking cancellation of the unfair dismissal sanctions judgment, but the court ruled that the plaintiff lost.

Daeryun Corporate Legal Group, Law Firm (Limited), which represented Company B and its employees, said, “We found that there was no basis for acknowledging the plaintiff’s claim by proving that the resignation was caused by the worker’s gross negligence or arbitrariness.” “The lawsuit continued for a long time even though there were no legal or procedural defects or negligence on the part of the company. Cases related to such industrial accidents and unfair dismissals are continuing, and a clear causal relationship must be proven and a comprehensive judgment must be made.” “It is necessary,” he said.

[View full article] - Court dismisses all claims for industrial accidents and damages from workers who belatedly resign from the company... 3-year lawsuit concluded