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| TITLE | Supreme Court Decision 2011Da78804 Decided February 13, 2014【Confirmation of Invalidation of Unfair Disciplinary Measure】 [full Text] |
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| Summary | |
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[1] Whether caddies at golf courses constitute “workers” as prescribed by the Labor Standards Act (negative) [2] Who carries the burden of proving that the employer’s act constitutes unfair labor practice as prescribed by the Trade Union and Labor Relations Adjustment Act (i.e., workers or the labor union); where the employer dismissed workers based on legitimate grounds of disciplinary dismissal, whether unfair labor practice is found on grounds of evidence of the employer’s displeasure with the worker’s union activity (negative) [3] Where golf caddies (hereinafter “Plaintiffs”) were subject to the Defendant Company’s disciplinary action including expulsion, and sought confirmation of invalid disciplinary measure, the case holding that the lower court acknowledged the nature of work as golf caddies prescribed by the Trade Union and Labor Relations Adjustment Act, although golf caddies are not deemed workers under the Labor Standards Act [4] In a case where a person who can actually and specifically control and decide workers’ basic labor conditions performs acts of controlling or intervening in the labor union or its operations, whether the person constitutes an employer subject to an order to remedy unfair labor practices (affirmative) |
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