beta
Text
The judgment below
Among them, the part against the plaintiff in relation to the school foundation C, which is the taking over of the defendant B education center, shall be reversed.
Reasons
The grounds of appeal are examined.
1. Examining the grounds of appeal against Defendant D and E in light of the relevant legal principles and records, the lower court’s determination that Defendant D and E’s liability for damages is not recognized on the grounds as indicated in its holding is justifiable and acceptable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending
2. As to the grounds of appeal as to the school juristic person C, which is a lawsuit taking over by the Defendant B Education Center (hereinafter “Education Center”).
A. On October 9, 2006, the lower court found that the part concerning the validity of a collective agreement was that the education center and the F Trade Union education center branch entered into a labor-management agreement (hereinafter “instant agreement”) on the basis of the wage peak system and the public offering enforcement system (hereinafter “this case’s agreement”) on October 9, 2006, and determined that the education center did not obtain the approval of the board of directors under the former B Education Center Act, even if it did not obtain the approval of the wage peak system or the wage peak system in the year immediately before the transition of the wage peak system, since the employee who works in the education center is under 58 years of age, due to the mandatory application of the wage peak system (10% in year 10, 200, 30% in year 20, 40% in year 30% in year 40 per year by extending employment for two years after the retirement age.
However, this decision of the court below is not acceptable.
An education center shall realize a public ideology of labor-management and contribute to the development of the national economy by establishing a democratic labor-management relationship, achieving an industrial peace, and improving the ability to solve labor-related issues through conducting a neutral and reliable education.