A Study on the Legal Issues in the Application of Ex Officio Dismissal Provisions in Employment Contract Relationships

Ex officio dismissal was originally introduced as a device for the operation and personnel management of civil service organizations, on the premise of the status of public officials. At present, however, it is being widely utilized not only by public institutions and financial companies but also by private enterprises. While ex officio dismissal resembles dismissal, functioning as a unilateral termination of employ- ment by an employer on the ground that certain causes have occurred, it is often regarded, in practice, as a distinct form of employment termination distinct from dismissal. This has raised concerns that ex officio dismissal may be misused to circumvent the legal restrictions on dismissal established under the Labor Standards Act. This study examines the concept and chronological development of ex officio dismissal through an analysis of the formation and evolution of the ex officio dismissal system under the State Public Officials Act. It further reviews the practical application and legal issues surrounding ex officio dismissal provisions by analyzing decisions of the Labor Relations Commission and the precedents of the courts. The findings reveal that public institutions and financial companies, influenced by the personnel management system for public officials, have broadly adopted ex officio dismissal provisions, but they have not adequately considered the fundamental differences between the status relationship of public officials and ordinary employment contract relationships. Although a considerable number of decisions and judgments still recognize the validity of ex officio dismissal, recent cases have shown a tendency to interpret ex officio dismissal provisions restrictively, holding that a unilateral termination of employment against the employee’s will constitutes, in principle, a dismissal, and must therefore be subject to the review for justifiable cause and procedural legitimacy under the Labor Standards Act. In conclusion, ex officio dismissal lacks grounds to be recognized as an independent category of employment termination distinct from dismissal in ordinary employment contract relationships. Accordingly, the mere exist- ence of an ex officio dismissal provision cannot legitimize unilaterally terminating the employment relationship. Rather, such termination decisions must be reclassified and assessed according to their substance as an ordinary dismissal, a disciplinary dismissal, or the other. This approach is significant in preventing ex officio dismissal from functioning as a means of circumventing dismissal protections, while securing the protection of workers and legal certainty of the relevant previsions.