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(영문) 대법원 2017.03.22 2016다26532
임금 등
Text

The judgment below

The part against the Defendant regarding each additional compensation and damages for delay shall be reversed, and this part shall be reversed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. If the objective meaning of the language and text contained in a disposition document prepared by a juristic act is clear, barring any special circumstance, the existence and content of the expression should be recognized in accordance with the language and text, and on the other hand, a collective agreement is concluded through collective bargaining between a trade union and an employer to enhance workers’ economic and social status, and thus, the provision of the phrase and text cannot be interpreted disadvantageously to

(2) The Majority Opinion argues that the Majority Opinion’s interpretation of the terms and conditions of a collective agreement ought to be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the following factors: (a) the language and content of the collective agreement; (b) the motive and background leading up to the conclusion of the collective agreement; and (c) the purpose and genuine intent of the trade union and its employer to achieve through the collective agreement; and (d) the objective and genuine intent of the collective agreement.

(see, e.g., Supreme Court Decisions 2005Da37574, Jun. 1, 2007; 201Da109531, Feb. 27, 2014). 2. Review of the reasoning of the lower judgment and the record reveals the following facts.

The collective agreement in 2008 concluded between the Defendant and the labor union provides for personnel management for individual members under Articles 21 through 35 in Chapter IV, in particular, the type of disciplinary action, disciplinary procedure, dismissal and restriction on dismissal, etc., and Article 36 of the same Act provides that “The company shall take measures to nullify disciplinary action and reinstate when the disciplinary action or dismissal of union members is confirmed to be unfair disciplinary action or final and conclusive judgment of the administrative agency or the court due to invalidity of dismissal (Paragraph 1). In the case of the preceding paragraph, the unpaid wage shall be naturally received at the time of attendance, as well as the ordinary wage shall be paid (Paragraph 2).”

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