When disciplinary proceedings start over a workplace affair

Depending on the company, the time from investigation to a disciplinary decision can be short, so secure the documents first.

• Get the disciplinary notice and statement of grounds. If you were only told verbally, ask for it in writing
• Check whether the rules of employment and disciplinary rules contain clauses on maintaining dignity or public morals
• Ask for a copy of any statement you wrote during the company's investigation
• Find out what the other person's spouse told the company
• Note the date of the disciplinary committee and the deadline for submitting your written explanation

A statement made at the investigation stage can be used again both before the disciplinary committee and in the affair lawsuit. Reread it before signing, and ask for anything untrue to be corrected.

• Admitting too much or giving emotional statements in the HR investigation
• Contacting the other person to align your stories
• Continuing conversations about the relationship on the company messenger
• Submitting a resignation letter in anger as soon as you're notified

For a company to discipline an employee over their private life, the conduct must be directly related to business activities or risk harming the company's public reputation (Supreme Court Decision 93누23275, rendered December 13, 1994). An affair itself is a private matter, so if the company took issue with that alone, there is room to contest it.

Conversely, if circumstances like those below existed, grounds for discipline may be recognized. Whether the severity of the discipline is excessive for the grounds, and whether only one of the two was disciplined heavily, are also examined separately. Public officials can be disciplined for violating the duty to maintain dignity even for conduct outside their duties, so the standard is stricter.

• Whether the two kept meeting during working hours or business trips
• Whether they used facilities such as company housing or vehicles
• Whether a superior used their position over a subordinate
• Whether office gossip disrupted work

If discipline began because the other person's spouse came to the company or spread it in a group chat, you need to check whether the company took that into account when deciding how severe the discipline should be. The responsibility for the gossip spreading does not lie with you alone.

If the other person's spouse's conduct amounts to defamation (명예훼손) or obstruction of business (업무방해), you can also file a criminal complaint or claim damages. However, this response affects the mood for mediation in the affair lawsuit, so decide the order before acting.

You are given an opportunity to explain yourself before the disciplinary committee. Set out in writing whether you have ended the relationship, that it did not affect your work, and how the company came to know. It is important that this does not conflict with what you will argue in the affair lawsuit. A written explanation is easier to read if it focuses on dates and facts rather than being long.

Get the disciplinary decision in writing and record the date you received it. If you think the discipline is unfair, you can apply to the Labor Relations Commission for a remedy within 3 months of the date of the action, such as dismissal, suspension or a pay cut. Public officials have separate challenge procedures, such as an appeal to the Appeals Commission (소청심사), so check the deadline first.

Jisan Law reviews the statement of disciplinary grounds and the rules of employment and organizes the points to contest. Jisan Law writes your explanation focused on dates and facts, and if the company allows a representative to attend, we appear before the disciplinary committee with you to present it. If an affair lawsuit is running at the same time, we keep your statements consistent across both, and also look at whether the way the other person's spouse informed the company amounts to defamation or obstruction of business. If you apply to the Labor Relations Commission for a remedy after discipline is imposed, we write the application and attend the hearing with you.

A managing partner consults with you personally, and we explain the fees after the consultation. If the disciplinary committee date is close, contact us through the chat on this page first.