Labor commission upholds 'unfair dismissal' ruling against KPGA for 3 staff; union warns of criminal complaint

The National Labor Relations Commission has upheld a ruling that the Korea Professional Golf Association's disciplinary dismissal of three secretariat employees constituted unfair dismissal, affirming an earlier decision by the Gyeonggi Province Regional Labor Relations Commission.

The dispute stems from a wave of disciplinary actions taken after a workplace harassment incident at the association. KPGA placed 12 of roughly 20 full-time secretariat employees under disciplinary review, nine of whom had given testimony about being harassed during the investigation. The KPGA union, led by Chairman Heo Jun, filed for relief, arguing the timing and severity of the disciplinary measures were unjust. The Gyeonggi regional commission ruled on Jan. 2 that the dismissal of the three employees was unfair, and the National Labor Relations Commission upheld that decision following a hearing on Aug. 14.

Management had argued that the disciplinary actions were a legitimate exercise of personnel authority under internal regulations, pointing to the dismissal of an unfair labor practice relief claim as evidence the measures were not retaliatory.

The union rebuffed that argument, saying the dismissal of the unfair labor practice claim addressed only whether the employees had suffered disadvantages because of union activity, and did not legitimize what it called "adverse treatment of workplace harassment victims" prohibited under the Labor Standards Act. The union added that if the association repeated heavy disciplinary measures — such as suspension — on the same grounds despite the two commission rulings, it would file a formal criminal complaint with investigative authorities on charges of violating the Labor Standards Act.

KPGA faced a similar ruling in 2021, when it was found to have unfairly disciplined a sexual harassment victim with a three-month suspension. The then-chief executive was indicted on charges of adverse treatment and is currently standing trial. The union said the dispute has cost the association hundreds of millions of won in legal fees and personnel expenses at a time when it is already running a large deficit.

Meanwhile, a former senior executive identified only as A, whose workplace harassment triggered the dispute, was sentenced to eight months in prison in a first-instance ruling last December on charges of coercion and insult. The first hearing of the appeal is scheduled for Sept. 8.