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TITLE | Supreme Court Decision 2018Du41532 Decided November 29, 2018 ¡¼Claim for Revocation of Readjudication on Presentation of Comments Regarding Interpretation of Collective Agreement¡½ [full Text] |
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Summary | |
[1] Where a difference of opinions regarding the interpretation of a contract between the parties concerned provokes a dispute on the interpretation of the intent of the parties concerned expressed in dispositive documents, method of interpreting dispositive documents, and whether the expressly stated provisions in dispositive documents, such as collective agreements, may be construed transformatively to the disadvantage of workers (negative) [2] Upon the invalidation of a collective agreement, where a new collective agreement or employment regulations making modifications to the provisions relating to wages, severance pay, working time, and other individual working conditions have neither been concluded or drafted, nor have they obtained consent from individual workers, whether the pertinent provisions still regulate employers and employees (affirmative) Where labor and management concluded a collective agreement wherein it is expressly stated that an agreement pursuant to certain provisions of the collective agreement would remain in force until certain conditions are fulfilled or time arrives, whether the agreement pursuant to those provisions of the pertinent collective agreement loses its effect upon the fulfillment of a condition subsequent (affirmative) |