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TITLE Supreme Court Decision 2017Du38560 Decided September 13, 2018 【Revocation of Readjudication on Relief Request for Unfair Flight Suspension】 * First draft [full Text]
Summary
[1] Whether fundamental rights provisions under the Constitution take effect on the legal relationship among private persons (affirmative)
[2] Content of freedom of occupation enshrined under Article 15 of the Constitution
[3] Whether freedom of decision-making in business management enshrined under Article 15 of the Constitution has to be harmoniously coordinated to ensure recognition of the human dignity of workers (affirmative)
[4] In the event of a conflict between freedom of business operation, including freedom of decision-making in business management, and the right to freedom of action enjoyed by workers over the specifics of working condition, method of resolving such conflict
[5] In a case where: (a) Company A, which operates a domestic and international air transportation business, issued a temporary work suspension on one of its pilots, namely, Captain B, for growing a beard in violation of Article 5(1)2 of the Employee Dress and Appearance Code; (b) Captain B filed a complaint with the Central Labor Relations Commission alleging that the work suspension constituted an unfair labor practice, which was subsequently upheld by the Commission; and (c) Company A brought a claim against the head of the Central Labor Relations Commission for revocation of readjudication, the case holding that the pertinent employment regulation, which Company A introduced on the basis of freedom of business operation under the Constitution, infringes upon Captain B’s right to freedom of action under the Constitution, and is thus invalidated pursuant to Article 96(1) of the Labor Standards Act and Article 103 of the Civil Act
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