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(영문) 서울고등법원 2017.03.24 2016나2060424
임금피크제운용세칙개정무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the supplement of the judgment of the court of first instance and the addition of “Nos. 20, 21, and 22” following the 8th eightth of the judgment of the court of first instance to the following:

The reason for the judgment of the first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

(a) An employer shall hear the opinion of a trade union if such trade union exists with respect to the preparation or modification of the rules of employment, and of a majority of workers if such trade union does not exist;

Provided, That if the rules of employment are modified disadvantageous to workers, consent thereto shall be obtained.

(1) Article 95(1) of the Labor Standards Act provides that the consent of an employee is required when a trade union does not require the consent of the employee, the consent of a majority of the employees shall be obtained by means of a meeting or other collective decision-making method in which both the employer and the employees gather their opinions by exchanging opinions among the employees at the workplace, by organization, and by unit department (see Supreme Court Decision 2010Da17468, Jun. 28, 2012). However, where the consent of a trade union is required to obtain consent of a trade union, the consent of a trade union shall not be deemed as acting on behalf of the head of a trade union unless there are special circumstances to deem that the power of representation of the head of a trade union is restricted by statutes, a collective agreement,

(2) In order to recognize that the establishment or amendment of the rules of employment is reasonable under the generally accepted social norms, workers shall be treated as workers, such as the establishment or amendment of the rules of employment.

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