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| TITLE | Supreme Court en banc Decision 2016Da248998 Decided August 27, 2020 【Damages, etc.】 [full Text] |
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| Summary | |
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[1] Matters to be considered when determining whether a collective agreement shall be null and void pursuant to Article 103 of the Civil Act Standard for determining whether a collective agreement including the content that the bereaved family, etc. of a union member may be recruited in a case where a particular reason such as death, etc. resulting from an occupational accident occurs is contrary to good morals and other social order [2] In the case where whether the so-called “preferential employment clause for families of workers deceased due to industrial accidents” regulating that a person among the bereaved family members of a union member may be specially employed in a case where the union member is deceased due to an occupational accident in each collective agreement which Stock Company A and others concluded with trade unions is null and void in accordance with Article 103 of the Civil Act is called into question, the case holding that it is difficult to recognize special circumstances to see that the preferential employment clause for families of workers deceased due to industrial accidents reaches the extent of excessively constraining Stock Company A and others’ freedom of employment of or results in disrupting the equity of employment opportunities, and thus the said clause cannot be seen to be null and void in violation of good morals and other social order |
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