2011년 노동법 중요 판례

Abstract

Precedents in labor have, as in other areas, developed not only the society but also the law. This essay selectively reviews the meaningful Supreme Court decisions on labor law during the year 2011, within limits of the paper. To select two decisions of 2011, one can select the decision clarifying the right to expect renewal of a term-contract worker (14 April 2011, Decision 2007누1729) and the decision transitioning the legal basis on the obstruction of strikes (17 March 2011, Decision 2007도482). The former, while not new, is a decision reaffirming the Supreme Court’s acceptance of the right to expect renewal, a legal logic intended to protect the trrm-contract worker who finds himself in a position of weakness. The latter, by deciding that a strike constitutes the obstruction of business only when it suppresses the employer’s will to continue the business, abandoning the previous logic that any strike constitutes criminal obstruction, and focusing on the protection of the workers’ constitutional right to dispute. This essay includes in its review, in addition to these two cases, the method of recording the reason for dismissal in the event of notifying dismissal, leave period as a grounds for dismissal, the validity of collective agreement that unfavorably changes working conditions, and the salaries of full-time union workers during strike.