|TITLE||[06_01_20] Legitimacy of Clause on Special Employment for Family of Employee Died from Industrial Accident|
|ATTACHMENT||Legitimacy of Clause on Special Employment for Family of Employee Died from Industrial Accident.docx|
Invalid: ‘Against the public order and good morals’ v. Valid: ‘Protection of the socially invulnerable people’
○ The Supreme Court has decided to hold en banc public hearing of the case on damage compensation, etc. (Supreme Court case No. 2016Da248998, Justice in charge: Justice Kim, Sang-hwan) with the Chief Justice and all Justices present at the Grand Courtroom on Wednesday, June 17, 2020 at 14:00.
○ Intense arguments and debates from the parties are to be expected to occur at the Grand Courtroom.
○ Decision on this case may bring significant implications on the jurisprudential aspect over the ‘limit of the contents in collective agreement’. Further, the case involves important issues on labor relations over: (1) whether a collective agreement that allows special employment opportunity for the family of a person died of industrial accident is ineffective, as it restricts the freedom of employment and passes down job position; or (2) whether the agreement should remain valid as it was signed autonomously by the parties based on the goodwill of the company with the intention of being responsible for the family of the deceased employee.
○ The whole proceedings of the hearing will be made public: proceedings of the justices, arguments by attorneys representing parties to the case, examination of reference witnesses, etc.
○ Summary of Issues
○ Time: Approximately 120 minutes starting from 14:00
○ A summary on issues by the chamber, arguments by issues, questions and answers among the attorneys representing the parties and reference witnesses will be proceeded.
○ Visitor’s guide to hearing
○ Broadcasting, etc.
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