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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.
○ This is the eighth public hearing since the inauguration of the 16th Chief Justice Kim Myeongsu.

○ 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.
  - By referring a case of great social importance to public hearing, trial fairness and transparency will be enhanced.
  - The people can transparently see how a hearing proceeds at the Supreme Court that reviews questions of law.

○ Summary of Issues
  - Whether the clause on special employment opportunity for the family of an employee died of industrial accident is “contrary to good morals and other social order” set forth in Article 103 of the Civil Act and thus invalid
  - Legal aspects: Subject and scope of collective agreement, general admissibility of special employment clause in a collective agreement, separability of clause on special employment for family of employee died of industrial accident (to establish the basis and limits to allow special employment based on comprehensive considerations on the definition and implications of fairness, types of special employments, methods to be considerate of and protect family of the deceased, etc.) etc.
  - Practical aspects: Numbers of places of business and employees subject to special employment clause, types of special employment clauses, current status of special employment for family of employee died of industrial accident, impact that the decision on the recognition of special employment clause may have over the labor and industrial circles, significance of the decision on other areas that require social justice, etc.

[Hearing Schedule]

○ 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
  - Admission tickets will be distributed on June 17, 2020 starting from 13:10.

○ Broadcasting, etc. 
  - The hearing will be broadcast live online via the Supreme Court official website, Naver TV, Facebook Live, and YouTube on June 17, 2020 from 14:00.

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