(a) Whether disciplinary dismissal against a violation of such disciplinary procedure is effective where a trade union's representative is required to participate in the composition of the disciplinary committee under the collective agreement, rules of employment or disciplinary regulations and where a person to be disciplined is given an opportunity to present himself/herself and present himself/herself in the disciplinary committee and present arguments (negative)

B. Whether a notification made 30 minutes prior to the opening of the disciplinary committee can be deemed a legitimate notification where a person subject to disciplinary action is given an opportunity to attend the disciplinary committee and make a vindication and submit explanatory materials, and there is no provision on the timing and method of such notification (negative)

(c) Where a person to be disciplined appears and make a statement in the disciplinary committee referred to in the above B above, whether the disciplinary dismissal based on a resolution of the disciplinary committee is effective.

A. If the collective agreement, rules of employment, or disciplinary regulations based on which it is based requires the labor union to participate in the composition of the disciplinary committee and the person to be disciplined to be disciplined to be present at the disciplinary committee and to be given an opportunity to vindicate and present explanatory materials, if the disciplinary action was made in violation of such disciplinary procedure, such exercise of disciplinary authority shall be deemed null and void as an action contrary to the justice in the procedure, regardless of whether the grounds for

B. If a person to be disciplined is required to be given an opportunity to attend the disciplinary committee to vindicate himself/herself and present his/her defense and to submit explanatory materials, he/she shall notify the person to be disciplined of the date, time and place of the meeting within a reasonable period to prepare explanatory and explanatory materials, even though there is no particular provision on the time and method of the notification, and the notification that was conducted brutly without such time shall be deemed unlawful because it has dismissed the purport of prior notification as stipulated in the disciplinary regulations. If the disciplinary committee's notice was given 30 minutes prior to the opening date and place of the disciplinary committee, such notice shall not be deemed legitimate because the person to be disciplined could not prepare explanatory and explanatory materials.

(c)If a person to be disciplined was present and made a statement in the Disciplinary Committee referred to in Paragraph (b) above, unless the person voluntarily complies with the disciplinary action, the disciplinary action following the resolution of that Disciplinary Committee shall be nothing more than the exercise of illegal disciplinary rights in violation of the disciplinary procedure.

Article 27(1) of the Labor Standards Act

A. Supreme Court Decision 82Da298 decided Oct. 26, 1982 (Gong1983,57) and 85Da375, 85Meu1591 decided Jul. 8, 1986 (Gong1986,96) (Gong1986). Supreme Court Decision 90Da15884 decided Feb. 8, 191 (Gong1991,960).

Plaintiff 1 et al., Counsel for the plaintiff-appellant and one other, Counsel for the plaintiff-appellant-appellee)

Defendant 1 et al., Counsel for the defendant-appellant-appellee

Busan High Court Decision 89Na7627 delivered on September 7, 1990

The judgment below is reversed, and the case is remanded to Busan High Court.

We examine the plaintiffs' grounds of appeal.

1. According to the reasoning of the judgment below, the court below decided that the defendant company did not appear at the meeting of the above disciplinary committee and the defendant company 1's representative member's disciplinary action at the time of the above disciplinary committee's appearance, and the defendant company 2's representative member's disciplinary action at the time of the above disciplinary committee's appearance, and the defendant company's representative member's disciplinary action at the time of the above disciplinary committee's appearance, and the defendant company's representative member's disciplinary action at the time of the above disciplinary committee's appearance. The defendant company's representative member's appearance at the time of the above disciplinary committee's appearance, and the defendant company's representative member's remaining at the time of the above disciplinary committee's appearance, and the defendant company's remaining at the time of the above disciplinary committee's appearance, and the defendant company's representative member's remaining at the time of the above disciplinary action's appearance and the defendant company's remaining grounds for disciplinary action are not sufficient. The defendant company's representative member's remaining at the time of the above disciplinary committee's appearance.

2. However, first, if the chairperson of a trade union becomes a member of disciplinary action under the collective agreement of the defendant company, such as the court below's approval, the court below must notify the chairperson of the trade union of the fact of holding the disciplinary committee and give him an opportunity to attend the meeting. However, although the court below states that the chairperson, vice-chairperson, office chief, etc. are all detained and notified that he/she would be present as a member of the trade union as a member of the disciplinary committee, the court below is not clear in the record as to whether he/she is a person who is in the position of acting as a member of the disciplinary action committee under the collective agreement, and it is not clear that the court below notified the chairperson of the trade union with sufficient time to select a person who can attend the disciplinary committee on behalf of the chairperson.

Second, if the disciplinary committee provides that a person to be disciplined shall be notified of the date and time and place of the disciplinary committee's holding and the place of the disciplinary committee's holding and the person to be disciplined as stated in the judgment below (Article 74 of the Rules of Employment provides that the company shall give the person to be disciplined an opportunity to vindicate his/her grounds for disciplinary action according to the statements stated in subparagraph 1), this provision provides that the person to be disciplined shall be given an opportunity to attend the disciplinary committee and to submit a vindication and explanatory materials, so even if there is no specific provision regarding the time and method of notification, the person to be disciplined shall be notified of the date and time and place of holding the explanatory and explanatory materials for a considerable period for preparation of the explanatory and explanatory materials, even if there is no time to prepare such explanatory and explanatory materials, and thus, the notification that was made imminent without sufficient time to give rise to deprivation

According to the above facts at the time of the original adjudication, the notification of the date, time, and place of the disciplinary committee to the plaintiffs was 30 minutes or more before the disciplinary committee was held. Thus, such notification cannot be viewed as legitimate notification because it makes it impossible to prepare factual arguments and explanatory materials on the ground that the person to be disciplined was a person to be disciplined, and even if some of the plaintiffs attended the disciplinary committee and made statements, it is nothing more than the exercise of illegal disciplinary rights against the resolution of the disciplinary committee unless they voluntarily respond to disciplinary action.

However, the provision of disciplinary proceedings in a collective agreement or rules of employment or a provision of disciplinary action based on the collective agreement has an important meaning to secure the fair exercise of the right to discipline and promote the rational operation of the disciplinary system, so if the provision provides the representative of a trade union to participate in the composition of the disciplinary committee and provides the person to be disciplined with an opportunity to present himself/herself and present arguments and arguments, the exercise of the right to discipline is deemed null and void as an action contrary to the justice in the procedure, regardless of whether the grounds for disciplinary action are recognized.

3. Ultimately, the judgment of the court below is erroneous in the misapprehension of legal principles as to the violation of disciplinary procedure and its validity, which affected the conclusion of the judgment.

Therefore, the judgment of the court below shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)