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Labor Relations
What is the Legitimate Reason for Dismissal?
10/1/2025
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Author:system
An employer cannot dismiss an employee without a legitimate reason. Here, a legitimate reason refers to circumstances where the employment relationship can no longer be maintained due to the employee's personal reasons or acts disrupting organizational order, etc. However, there is no specific provision in the law regarding its concrete content, and it must correspond to the specific dismissal reasons stipulated in the company's employment regulations or collective bargaining agreement. Looking at the reasons recognized in past court precedents: 1) Employee's personal reasons: Lack of qualifications such as certificates for jobs requiring professional qualifications, etc., deficiency in job competency; when the employee cannot adapt due to personality flaws in cases where close teamwork among team members is required by the nature of the work; diseases making it difficult to provide normal labor; cases where an employee required to maintain corporate secrets has close relationships such as relatives with a competing company. 2) Reasons related to the employee's conduct: Cases where the employee, despite lacking intent to work and ignoring the employer's warnings, is absent without permission citing personal matters; cases where the employee refuses to work without justifiable reason; cases where the employee, despite having ability, repeatedly provides defective work below normal performance capacity; cases where labor provision becomes impossible due to the employee's criminal acts; even if private acts, cases where the employee's actions damage the company's trust or reputation or could affect labor provision, such as drinking alcohol during work, insulting the employer or superiors, accepting bribes, sexual assault within the company, and other dishonest or unethical behaviors; cases of falsifying work experience or educational background at the time of hiring. 3) Layoff dismissal: Layoff dismissal is not dismissal due to the employee's fault as mentioned above, but dismissal due to the company's managerial difficulties, business transfers, mergers, etc. The above reasons are not all applicable as dismissal grounds but are merely examples, and legitimate reasons must be judged on an individual and specific basis, and must necessarily correspond to reasons explicitly stated in employment regulations or collective agreements. Furthermore, the employer cannot, without legitimate reason, impose measures such as leave of absence, suspension, transfer, pay cut, or other disciplinary actions on the employee in addition to dismissal. Even when implementing such personnel measures, there must be a legitimate reason as stipulated in the employment regulations, etc.
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