“Don’t explain it to me” during a subordinate’s briefing ... Court upholds pay cut for workplace bullying involving undue pressure

[Financial News] A court has ruled that disciplinary action against a district office official was justified after the official rebuked a subordinate while receiving a work report, saying, “Don’t try to explain it to me,” and made inappropriate remarks interfering with the subordinate’s arrival time and use of annual leave.
On the 1st, the 12th Administrative Division of the Seoul Administrative Court, presided over by Presiding Judge Kang Jae-won, recently ruled against the plaintiff in a lawsuit filed by an official identified only as Park against the head of Gangbuk District, seeking to overturn a pay-cut penalty.
Park, who was serving as head of the Youth Division at Gangbuk District, said on September 25, 2024, while receiving a work report from a team leader under Park, “Don’t try to explain it to me.” Park also put pressure on the team leader to arrive early by asking, “You’re late, aren’t you? What time did you get here?” and caused psychological stress by telling the team leader, who wanted to take annual leave to care for a child, “Have your husband look after the child.”
The Gangbuk District Personnel Committee found that Park’s conduct amounted to workplace bullying and a breach of the duty to maintain dignity, and decided on a two-month pay cut. Park petitioned for an appeal review, and the penalty was reduced to a one-month pay cut, but Park challenged the decision and filed an administrative lawsuit.
Park’s side argued at trial, “As a department head, I was asking a subordinate to correct and improve their failure to follow work instructions; this was an ordinary conversation within the scope of my job authority.” They also claimed that “the right to mount a defense was not protected, including because [Park] was forced to take leave during the investigation.”
The court dismissed the claims of procedural flaws and found that all of Park’s remarks constituted workplace bullying that exceeded the proper scope of work.
Regarding the remark, “Don’t try to explain it to me,” the court said, “This reprimanded a subordinate employee for their manner of speaking and shut down any report or explanation from the outset, making it difficult to view the remark as intended to ensure the work was done properly.” It added, “It appears to have created undue pressure for the other person and stifled the work environment.”
The court also found that asking an employee when they had arrived, in effect, “What time did you get here?”, “created undue pressure by expecting an employee with no attendance problems, such as tardiness, to arrive before the usual start time.” It further noted that the remark, “Have your husband look after the child,” “not only obstructed or made it difficult to take legitimate annual leave, but was also an inappropriate directive concerning personal life rather than work.”
The court ruled, “The plaintiff’s remarks constitute workplace bullying that exceeded the proper scope of work, caused mental distress to other public officials or worsened their work environment, and breached the duty to maintain dignity.” It added, “Given the public interest in preventing workplace bullying in the public service and maintaining discipline, the one-month pay-cut penalty cannot be considered excessive.”

[email protected] Lee Chang-hoon Reporter