The effect of disciplinary dismissal in the absence of legitimate notification for the holding of the disciplinary committee, but if the person subject to disciplinary action has an opportunity to sufficiently defend himself/herself by the disciplinary committee.

If the collective agreement or the rules of employment provides that the disciplinary committee shall notify the disciplinary committee of the date, time, and place of the meeting of the disciplinary committee within a certain period of time, this is to ensure the objectivity and fairness of the disciplinary authority, and the disciplinary action without going through such procedures shall not take effect as unlawful, barring any special circumstances. However, if the disciplinary committee voluntarily made sufficient justification without raising any objection to the procedure for the disciplinary action, despite the procedural defect, if the person subject to disciplinary action voluntarily appeared in the personnel committee for the disciplinary action and made sufficient justification without raising any objection to the procedure for the notice of attendance, such procedural defect shall be cured, and even if such defect

Article 27(1) of the Labor Standards Act

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

Plaintiff 1 and 11 others, Counsel for the plaintiff-appellee and one other, Counsel for the plaintiff-appellant-appellee

Kusan Industrial Co., Ltd., Counsel for the defendant-appellant

Busan High Court Decision 92Na5379 delivered on November 5, 1992

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

As to the Plaintiffs’ grounds of appeal

1. The decision of the court below, which recognized the facts of the plaintiffs' disciplinary action based on adopted evidence, is just and there is no error of law by misapprehending the rules of evidence, such as the theory of lawsuit, or the legal principles on abuse of disciplinary power. We are

2. If the collective agreement or rules of employment provides that the disciplinary committee shall notify the disciplinary committee of the date, time, and place for the meeting of the disciplinary committee within a certain period of time, this is to ensure the objectivity and fairness of the disciplinary authority, and the disciplinary action taken without going through such a procedure shall not take effect as unlawful, barring any special circumstances. However, if the disciplinary committee voluntarily made sufficient statements without raising any objection to the procedure for the disciplinary action, despite the procedural defect, if the disciplinary committee voluntarily appeared at the personnel committee for the disciplinary action and made sufficient statements without raising any objection to the procedure for the notice of attendance, the procedural defect in which the personnel committee does not give sufficient time to prepare the statements and explanatory materials against the disciplinary person is cured, and even if such defect was corrected in the process of reexamination, the same applies to remedy the defect in violation of the procedure (see Supreme Court Decisions 91Da42982 delivered on June 26, 192; 91Da36123 delivered on September 22, 1992).

According to the records, the defendant company under Article 32 of the collective agreement of the defendant company shall undergo a personnel committee if it intends to take disciplinary action against its members. The defendant company's personal information, grounds for disciplinary action, date and place of the personnel committee shall be notified in writing to its members by seven days before the personnel committee is held. The disciplinary action against the plaintiffs shall be null and void. The defendant company's written notice of dismissal shall not be deemed to have been given seven days prior to the commencement of the personnel committee for dismissal. However, the defendant company filed an application for reexamination of the disciplinary dismissal decision in accordance with the public notice of the personnel committee's holding on June 28, 191. The defendant company filed an application for reexamination of the disciplinary dismissal decision in accordance with the public notice of the personnel committee's holding the personnel committee's meeting on June 21, 191. The remaining plaintiffs except the plaintiff 1, 7 shall have an opportunity to explain. Accordingly, the plaintiff 1, and 7 shall also be notified of the fact of the disciplinary action in this case.

The judgment below rejected the plaintiffs' assertion to the same purport, which did not err in the misapprehension of legal principles as to dismissal procedures such as just reasoning and theory of lawsuit. The argument is without merit.

All appeals are 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 on the bench.

Justices Yoon Young-young (Presiding Justice)