The second-instance court also ruled ‘unfairly dismissed’ against Asiana Keio, which laid off eight workers under the pretext of Corona 19. The laid-off workers urged, “Apologize to the dismissed workers immediately and withdraw the unfair dismissal.”
The 3rd Administrative Division of the Seoul High Court (Chief Judge Sang-Hoon Ham, Sun-Yeol Kwon, Sun-Yeol Hyung) ruled that the plaintiff lost the same as in the first trial in the ‘Right for the cancellation of retrial for unfair dismissal relief’ filed by Asiana Keio against the Central Labor Relations Commission on the 28th.
The court of first instance judged that “an unfair dismissal that did not make every effort to avoid dismissal” and that “the selection of subjects for general dismissal was arbitrary and biased”. Prior to this, the local Labor Relations Commission and the Central Labor Relations Commission also concluded that the dismissal was unfair for the same reason.
Asiana Keio, a secondary subcontractor of Asiana Airlines, proposed indefinite unpaid leave and voluntary retirement in May 2020 in response to the outbreak of COVID-19, and laid off eight workers who did not agree to it. At the time, the company was designated as a target of special employment maintenance support by the government, but it was argued that the company did not intentionally use the employment maintenance subsidy system, which provides up to 90% of the closure allowance. The fact that all eight workers who were fired were members of the Asiana Keio Branch of the Airport Port Transport Headquarters of the Public Transport Workers’ Union of the Federation of Korean Trade Unions had been criticized as a ‘targeted dismissal’.
Asiana Keio, which has lost everything from the Labor Commission to the Court of Appeal, is known to plan to continue the trial until the final trial of the Supreme Court.
On the afternoon of the 28th, Asiana Keio Engineering Co., Ltd. held a press conference in front of the Seoul High Court and urged, “According to the judgment of unfair dismissal by the Court of Appeal, the intention of appealing to the Supreme Court should be stopped, and the dismissed workers should be reinstated and restored to their honor.”
Kim Gye-wol, head of the Asiana Keioji branch, said, “The dismissed workers were unfairly dismissed until the first trial in the administrative lawsuit, but Park Sam-koo, the former chairman of the Kumho Cultural Foundation, maliciously refused to reinstate them after taking two years and five months of time. “Today, the Keio worker who became a former Keio worker must put an end to the unfair dismissal withdrawal,” he emphasized.
“Park Sam-koo, the former chairman of the Kumho Cultural Foundation, who took away workers’ rights, human rights, and livelihoods because he was a non-regular subcontractor or member of a democratic union, apologized to the laid-off workers immediately and urged them to withdraw their unfair dismissal.”