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| TITLE | Supreme Court Decision 2013Du20011 Decided October 31, 2019 【Confirmation of Status as Public Officials】 [full Text] |
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| Summary | |
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[1] Meaning of “discrimination on the grounds of gender” as stated in Article 11(1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act and Article 6 of the Labor Standards Act and the validity of regulations allowing an employer to unreasonably discriminate against employees based on gender without reasonable grounds (invalid) [2] Whether Article 11(1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act and Article 6 of the Labor Standards Act that stipulate gender equality likewise apply to the public employment relationship between state institutions and public officials (affirmative in principle) [3] Method of determining whether setting lower age limits in the field where female employees make up a total or a majority of the workforce than those in other fields constitutes unreasonable discrimination against women [4] Whether “administrative rules” issued from a superior administrative office to public officials or lower administrative offices under its jurisdiction, which provide for detailed work guidance or standards of statutory interpretation and application, have external binding force on citizens or the court (negative in principle) Whether the court ought to respect the discretion of administrative agencies in the case concerning administrative rules on matters within administrative discretion (invalid from the outset or void ab initio) and in such instance, the court’s method of determining the reasonableness of measures taken by administrative agencies in compliance with the said administrative rules |
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