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| TITLE | [Wages, etc.]Supreme Court Decision 2003Da63029 Delivered on February 18, 2005 [full Text] |
|---|---|
| Summary | |
| [1] The conditions required in order to recognize an employer's leave order imposed according to the rules of leave such as employment rules or collective agreement, etc. as having a ""justifiable cause"" as provided in Article 30 Paragraph (1) of the Labor Standards Act [2] The case holding that a leave order imposed against a laborer, who was detained on a criminal charge released for revocation of detainment and then prosecuted without detainment, is invalid as having no justifiable cause, from the time when the laborer was released for the revocation of detainment [3] The criteria for determining whether a standby order is within the scope of legitimate authority in personnel management and whether a standby order becomes ipso jure invalid only because the order was imposed without going through the procedure of consultation with the laborer himself/herself (negative) | |
