Dentons Lee secures complete victory in wrongful dismissal lawsuit through circumstantial evidence

Dentons Lee's Employment and Labor team successfully represented the Korean subsidiary of a global company in a wrongful dismissal lawsuit, securing a complete victory before the Seoul Central District Court on October 23, 2026.

The case involved an employee who was dismissed for repeatedly accepting expensive entertainment and hospitality from a business partner over several years. The employee subsequently challenged the dismissal, seeking reinstatement through a declaration that the dismissal was invalid and payment of unpaid wages.

A key challenge arose when the individual who originally reported the misconduct withdrew their allegations. With no direct documentary evidence, such as receipts, available to establish the entertainment expenses, the case required a comprehensive analysis of circumstantial evidence.

Dentons Lee's legal team, comprising Seon Ae Choi, Eunjee Kim and Seul-Ah Kim, developed a systematic evidentiary strategy to establish the grounds for disciplinary dismissal.

The team cross-referenced the employee's leave and business travel records with the reported dates and locations of the entertainment, identifying consistent matches. It also analyzed the employee's expense reimbursement patterns, revealing that accommodation and meal expenses were unusually absent from claims relating to visits to the relevant business partner's region. Additional investigations into the establishments involved further supported the allegations.

Based on this evidence, the Seoul Central District Court found that the grounds for disciplinary action had been sufficiently established despite the subsequent withdrawal of the original allegations. The Court also concluded that the seriousness and repeated nature of the misconduct, violations of the company's global code of ethics, and the resulting breakdown of trust justified the dismissal.

Accordingly, the Court dismissed all claims brought by the former employee.

This decision highlights the importance of systematically identifying and analyzing circumstantial evidence in employment disputes where direct evidence is unavailable or witness statements are subsequently withdrawn.

The outcome demonstrates Dentons Lee's ability to develop effective litigation strategies in complex employment disputes involving employee misconduct, internal investigations and disciplinary actions.

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com