강행법규를 위반한 통상임금 노사합의와 신의성실의 원칙

Abstract

The full bench decision of the Supreme Court about ordinary wages on 2013. 12. 18(2012다89399) leaves several impacts on future legal actions on ordinary wages. Among others,this paper deals with the principle of good faith, which is expected to exert great influence onordinary wages action through this full bench decision. This paper, though, does not cover themeaning of the good faith principle or the requirement of its establishment under the Civil Law. An agreement between labor and management violating mandatory rules has been naturallyunderstood as void before the full bench decision. The full bench decision, however, allows torevive the effect of the agreement even when the agreement violates the mandatory rules if itsatisfies several requirements by applying the good faith principle. This paper examines andevaluates the decisions before and after the full bench decision including the decision, the problemsarising when the principle is applied, and the conditions when the good faith principle may beapplied.