Court Rules Termination During Maternity Leave is Unlawful

A recent ruling by the Seoul Administrative Court has determined that notifying a fixed-term researcher of the termination of their employment contract while on maternity leave constitutes an unlawful dismissal.

The court's Administrative Division 14, presided over by Judge Song Gak-yeop, announced on the 25th that it had ruled against Busan National University Hospital in a lawsuit challenging the Central Labor Relations Commission's (중노위) decision regarding the unfair dismissal claim.

The researcher, identified as Park, began her employment with Busan National University Hospital in January 2019 under a fixed-term contract. Over the years, she extended her contract three times, each for periods ranging from nine months to one year. In January 2021, Park resigned to take on a new research project at the hospital, subsequently entering into a new employment contract.

Park renewed her contract once more, valid until December 31, 2022, during which she became pregnant. She took maternity leave from October 1 to December 31, 2022. On December 6 of that year, the hospital informed her that her contract would automatically end on December 31, resulting in her dismissal.

After her application for relief from unfair dismissal was rejected by the local labor committee, Park appealed to the Central Labor Relations Commission. The commission ruled in her favor, stating that there was a legitimate expectation for her contract to be renewed and that the hospital lacked reasonable grounds for denying the renewal, thus classifying the dismissal as unfair. The hospital subsequently filed an administrative lawsuit against this decision.

The court upheld the commission's ruling, agreeing that Park's dismissal was indeed unfair. It acknowledged that Park had maintained a continuous working relationship with the hospital through multiple contract renewals.

The court stated, "Park had previously renewed her fixed-term contracts while the research project remained unchanged, and it was reasonable for her to expect her contract to be renewed at the end of 2022, given that the nature of the research project had not fundamentally altered."

Furthermore, the court emphasized that in cases where long-term research projects are involved, it is essential to broadly ensure contract renewals to allow researchers to fully participate in ongoing projects, aligning with the intent of fixed-term employment laws.