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| TITLE | Supreme Court Decision 2012Da64833 Decided May 9, 2013【Confirmation of Invalidity regarding the Measure of Suspension from Treating Patients, etc.】 [full Text] |
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| Summary | |
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[1] In a case where unfavorable measures against the worker such as daegi-balryeong (standby for assignment) is not provided for as a disciplinary measure in employment regulations or personnel administration regulations, whether the aforementioned measure is unlawful simply because it did not undergo disciplinary procedures (negative in principle), and the standard for determining whether an unfavorable measure affiliated with the employer’s personnel order is a temporary measure or definitive measure [2] The effectiveness of a measure which unfairly maintains a temporary measure such as daegi-balryeong for a prolonged period that is unreasonable in terms of social norms (invalid in principle), and whether it also applies to cases which differs little from assigning no duty, such as regulating the fundamental portion of the worker’s previous duty (affirmative) [3] In a case where the effectiveness of the measure which suspended Eul (a professor of the medical college affiliated with educational institution Gap, and also a medical specialist at its university hospital) from treating patients was the issue, the case holding which accepted the judgment below which perceived that although the measure was within the boundaries of legitimate personnel management authority at its initial execution, it was unlawful of Gap institution to unfairly maintain the aforementioned measure for a prolonged period of time |
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