In a collective agreement, the personnel affairs of the union members shall be agreed upon with the union, but there are special circumstances to deem that the union waivers of the agreement procedures, whether the disciplinary action takes effect without the agreement (affirmative)

If a collective agreement provides that all the personnel affairs of the union shall comply with the standards of the collective agreement and that the personnel affairs of the union shall be agreed upon with the union, a disciplinary action which has not gone through such agreement, in principle, shall be null and void, but if there are special circumstances, such as the waiver of such agreement by workers or the union itself

Article 27 of the Labor Standards Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jong-soo and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellant-Appellee)

[Defendant-Appellant] Plaintiff 1 and 3 others

Korea Central Telecommunications Industry Corporation

Busan High Court Decision 91Na3611 delivered on June 18, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to Article 20 (1) of the collective agreement of the defendant company, the association recognizes that all the personnel rights, such as appointment, dismissal, temporary retirement, conversion, transfer, transfer, promotion, and punishment of members, are vested in the company, and according to Article 20 (2) of the collective agreement of the defendant company, all the personnel affairs of the union must be agreed upon by the union in accordance with the standards of the agreement. Therefore, disciplinary action without such agreement shall be null and void in principle, but if there are special circumstances, such as the employee or the union voluntarily renounced the procedure for such agreement, it shall not be so. According to the records, when the defendant company takes disciplinary action against the executive members of the union, the parties to the trade union shall attend the disciplinary committee in accordance with customary practice and have agreed with the company. However, in holding the disciplinary committee of this case, even though the defendant company did not give three prior notice to the plaintiff company and the labor union, the plaintiff and the defendant company shall refuse to attend the disciplinary committee and thus, the plaintiff company shall not be held to nullify the disciplinary action in this case on the ground of new procedure.

It is reasonable for the court below to conclude that the plaintiff's claim of this case based on the premise that the disciplinary action of this case is null and void.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.