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(영문) 부산지방법원 서부지원 2019.08.29 2018고정983
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative of the Gangseo-gu Busan Metropolitan Government Dispute Resolution Co., Ltd., which ordinarily employs 41 workers and operates metal processing business.

An employer shall hear the opinions of a trade union if there is an organized trade union with a majority of workers at the business or workplace concerned, and where there is no such organized trade union, the opinion of a majority of workers.

Provided, That consent shall be obtained when the rules of employment are modified disadvantageous to workers.

Nevertheless, on December 31, 2017, the Defendant revised the rules of employment containing 300% per annum of bonuses applied to the previous workplace at the same workplace at a disadvantage to the employees, and did not obtain a written consent of a majority of the employees.

2. The summary of the Defendant’s and defense counsel’s assertion is that the instant rules of employment included bonus in the basic salary, not disadvantageous to the employee, and even if the consent of a majority of the employees is required, the rules of employment revised with the consent of the entire employees.

3. According to the records of this case, at a labor-management council comprised of both an employer and a representative worker on December 15, 2017, the Defendant held an explanatory meeting on the amendment to the rules of employment of this case and passed a resolution to obtain consent from all employees on December 31, 2017. Accordingly, on December 31, 2017, the employer provided explanation on the amendment to the rules of employment of this case and the time for responding to inquiries from all employees while all employees attend the meeting, and the fact that there was no employee who received the consent from all employees on the day, whether the consent was obtained at the place of the explanatory meeting or whether the consent was obtained individually from the employees after the explanatory meeting is unclear.

To 20 workers.

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