After winning the unfair disciplinary action, the lawsuit for unpaid wages was 'lost'... What is the cause?

An office worker who was dismissed and then reinstated filed a lawsuit against the company for unpaid wages, but lost.

On the 13th of last month, the Seoul Central District Court ruled that the plaintiff lost in the wage lawsuit filed by office worker A against financial company B.

Mr. A was dismissed from company B in 2018 for reasons such as receiving bribes.

Mr. A, who refused to comply, filed a suit for unfair disciplinary action and won, and Company B reinstated Mr. A to his original position and paid him 200 million won in unpaid wages.

Afterwards, Mr. A filed an additional lawsuit for unpaid money, claiming that the amount paid did not reflect the wage increase during the period of dismissal. In addition, he claimed, “The company signed an agreement with the labor union stating that wages due to unfair disciplinary action will be paid in an additional 50%,” adding, “In total, an additional payment of approximately 400 million won must be made.”

Company B countered that it had no obligation to pay, saying, “All decisions regarding wage payment have been completed through previous litigation.” In addition, it was emphasized that the ‘agreement to add 50% of wages due to unfair disciplinary action’ was concluded after Mr. A’s disciplinary action occurred and was not applicable.

Accordingly, the court ruled in Company B’s favor. The court said, “The plaintiff was paid wages in a previous lawsuit, and this is the same lawsuit as the current case,” and added, “This is a matter that violates the res judicata of the previous lawsuit, so it is illegal because there is no interest in protecting rights.”

He continued, “The agreement with the union was concluded in 2021, but the plaintiff was fighting with the defendant over disciplinary dismissal even before then,” and added, “The plaintiff who was subject to disciplinary action in 2018 before the agreement was signed cannot claim additional compensation.”

Attorney Bang In-tae of Daeryun Law Firm, who represented Company B, explained, “During the trial, Mr. A claimed that he re-filed the lawsuit because he was not aware of the additional wages. By comparing the case with the previous lawsuit, we were able to prove that the nature of the case was the same and we were able to get a ruling to dismiss the lawsuit.”

Reporter Cho Hye-jeong (hjcho@kyeonggi.com)

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After winning the unfair disciplinary action case, the lawsuit for unpaid wages was 'lost'... What is the cause? (Shortcut)