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All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the consent subject and method of amendment to rules of employment
(a) If the employer intends to revise the existing working conditions to the disadvantage of the worker due to the revision of the rules of employment, consent is required in accordance with the collective decision-making method of the worker to whom the previous working conditions or the rules of employment were applied, and any revision of the rules
Therefore, in the absence of a trade union, consent by the meeting method shall be obtained from a majority of the workers, and consent by the meeting method shall also be granted in exchange for workers’ opinions and combined with all of them under the condition that the intervention or interference of the employer is excluded by the organization or unit department of a business or one place of business (see, e.g., Supreme Court Decision 2002Da23185, 23192, May 14, 2004). In addition, even if an employee exchanged his/her opinions and gathered his/her opinions in exchange for them, and as a whole, took measures such as a written name or voting, etc., in which the individual employee’s opinions can be gathered, if it was conducted under the condition that the employer’s intervention or interference was excluded, it shall not be deemed unlawful.
On the other hand, a number of workers group within a single working condition system, where it is anticipated that the revised rules of employment will be applied to other workers group even if only one worker group is directly disadvantaged at the time of the unfavorable revision of the rules of employment, the workers group including a part of the workers group, as well as a workers group expected to be subject to the revised rules of employment.
However, since working conditions are dualized, the revised rules of employment have been changed.