Took lost property home, denied it to police
Regional and National Labor Relations Commissions: "Dismissal excessive"
Court: "Intentional embezzlement... damaged trust"

A court has ruled that it was justified to dismiss an SRT onboard manager who secretly took cash, a luxury wallet and other items left behind on a train by a passenger.


According to legal sources on October 19, the First Administrative Division of the Seoul Administrative Court, presided over by Judge Yang Sangyun, ruled in favor of SR, the SRT operator, in a lawsuit seeking to overturn the National Labor Relations Commission's decision on an appeal for relief from unfair dismissal. The court said, "It is difficult to find that the dismissal was unlawful as an excessive disciplinary measure that exceeded the company's discretion."


Seoul Administrative Court in Seocho-gu, Seoul. The Asia Business Daily database.

Seoul Administrative Court in Seocho-gu, Seoul. The Asia Business Daily database.

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Previously, in 2024, SR onboard manager A received from a cleaner a bag that a passenger had left behind while checking passengers and lost property at the terminus of an SRT train. The bag contained 1.2 million won in cash, 4,000 yen, a Montblanc wallet worth about 550,000 won, wireless earbuds, identification cards and other items. However, A took the bag home instead of turning it in to the lost-and-found center.


The day after taking the lost property, A denied having found it when contacted by the Railway Special Judicial Police and asked about it. Only after the police said they had reviewed the train's closed-circuit television (CCTV) footage did A admit to taking the items. The Railway Special Judicial Police referred A to prosecutors on embezzlement charges, but prosecutors granted a suspension of indictment, considering that A had no prior criminal record, confessed to the offense and reached a settlement with the victim.


Following an internal audit of A's misconduct, SR dismissed A, imposing a heavier penalty than the suspension recommended by the audit review committee. A then sought relief from unfair dismissal, and the Seoul Regional Labor Relations Commission ruled in A's favor, finding the dismissal unfair. SR appealed to the National Labor Relations Commission, but after it reached the same conclusion, SR filed an administrative lawsuit seeking to overturn the decision.


The court ruled in SR's favor. It found the dismissal justified, saying A's misconduct was serious and intentional. Checking and handing over passengers' lost property is a basic duty of an onboard manager, but A instead used the authority of the position to obtain a financial benefit. The court said, "This was serious misconduct that undermined the lost-property management system," adding that "the relationship of trust with the company was damaged to the point that continued employment was no longer possible."



The court also found that the severity of the disciplinary measure did not violate company rules. SR's disciplinary guidelines prescribe dismissal for intentional misconduct that is serious in nature. The court ruled, "Since the company chose dismissal, a penalty one level less severe, it did not depart from the disciplinary guidelines." It also added, "The audit review committee's recommendation of suspension is not a decision that the disciplinary committee is required to follow, and reducing the penalty in recognition of a commendation from the CEO is not mandatory."


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