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(영문) 울산지방법원 2017.03.17 2016고정1231
근로기준법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Judgment as to the facts charged as shown in the Attachment to the summary of the facts charged (Provided, That the defendant shall be the defendant) 2.

A. The revised rules of employment takes effect if the self-help plan, the contents of which include the revision of the labor conditions of employees, falls under the rules of employment regardless of the name thereof. The contents of the self-help plan are known to all employees through publicity media in the company, and the labor union in which more than half of the company employees agreed to the amendment of the above rules of employment (see Supreme Court Decision 2001Da63599, Feb. 12, 2004, etc.). Meanwhile, in order for the employer to change the existing conditions of employment to a disadvantage to the employee due to the amendment of the rules of employment, the consent of the employee under the application of the previous rules of employment or the collective decision-making method of employment is required, and there is no effect of the amendment of the rules of employment or the conditions of employment without such consent. In the absence of such a trade union, the consent of the labor union is required if there is a labor union consist

In addition, the consent by the meeting method is not only a method of holding a meeting in which all workers are gathered in one place, but also a method of gathering pro and cons by exchanging opinions between workers under the condition that the intervention or interference between the employer is excluded by the organization or unit department of a business or workplace (see Supreme Court Decisions 2009Da32522, 32539, Jan. 28, 2010; 2003Da52456, May 12, 2005, etc.). (b) The core of the facts charged in the instant case is that the Defendant did not pay pro and pro and pro rata allowances for part of May 2016 to June 2016, 2016, and all evidence submitted by the prosecutor alone is the premise of the facts charged in the instant case.

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