A fine has been confirmed for the former representative of Asiana Airlines, who was handed over to trial for refusing the menstrual leave requested by the flight attendants.
The third section of the Supreme Court (Presiding Judge Dong-won Lee) confirmed the court case sentenced to a fine of 2 million won in the appeal of former Asiana Airlines representative Soo-cheon Kim, who was charged with violating the Labor Standards Act.
Former CEO Kim was indicted in 2017 for not accepting menstrual leave given 138 times by 15 flight attendants from May 2014 to June 2015.
According to the Labor Standards Act, companies are required to provide one day of health leave each month when requested by female workers.
In response, former CEO Kim insisted, "At the time, the test had to prove that the physiological phenomena existed in the worker, but the proof was not made."
He also stressed, "There are many circumstances in which menstrual vacation claims are concentrated on holidays or off-duty days, and the existence of physiological phenomena is suspicious, such as reclaiming several times when menstrual vacation is rejected.
However, the first trial said, "Requesting menstrual leave to explain the existence of physiological phenomena is an excessive violation of human rights such as privacy and can lead to avoidance of claiming menstrual leave."
In addition, he said, "Unless there is a relatively clear situation that there are no physiological phenomena such as pregnancy, menstrual leave should be granted according to the request."
In particular, "menstrual phenomena do not end in one day, but can appear over a few days, and the period or period is not constant, so it is considered that circumstances that are concentrated on holidays or on days adjacent to off-duty, or that the situation has been reclaimed several times corresponds to the situation that there is no physiological phenomena. "I can't," he sentenced former CEO Kim to a fine of 2 million won.
This judgment was continued in the second trial, and the Supreme Court also dismissed the appeal, saying, "There is no mistake of misunderstanding or contradicting reasons in the judgment of the original court," and the fine was confirmed.
(Photo = Yonhap News)