근로기준법위반
The prosecutor's appeal is dismissed.
1. Article 94 of the Labor Standards Act provides that when changing working conditions, a majority of the workers shall hear the opinion of the employer when changing the working conditions, and in case of unfavorable conditions, a majority of the workers shall obtain consent. Thus, when changing the working conditions, a procedure is required to hear the opinion of the majority of the workers regardless of whether it is disadvantageous or not. If the change of the working conditions is not implemented, it is difficult to view the change of the working conditions as legitimate acts which are reasonable to be acceptable by social norms and thus, the court below acquitted the Defendant of the facts charged in the
2. Determination
A. The lower court determined that the change in the regulations on the operation of child-care centers, which extends the hours on night and the hours on duty by 30 minutes each above the previous hours, is merely adjusted in accordance with the current work behavior, and it is difficult to view the changed contents to be practically disadvantageous to workers. Since overtime work allowances should be paid naturally under the Labor Standards Act, the provision on separate payment of overtime work was deleted
In full view of the fact that it is difficult to consider it as a disadvantageous change, and that the defendant received a written opinion from 23 workers among 34 workers working in the childcare center after the amendment of the regulations on the operation of the childcare center, sufficiently read and understand the details of the regulations on the operation of the childcare center, and confirm that there is no objection to the details of the regulations on the operation of the childcare center and the enforcement thereof, the defendant amended the regulations
Even if this is a legitimate act which is reasonable to be accepted by social norms, it is judged not guilty of the facts charged in this case on the ground that illegality is excluded.
B. (1) The relevant legal interest employer is unilaterally new.