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| TITLE | Supreme Court en banc Decision 2017Da35588, 35595 Decided May 11, 2023 【Restitution of Unjust Enrichment; Unjust Enrichment】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In a case where an employer modifies the rules of employment to the prejudice of employees and does not obtain consent from the employees by means of collective decision-making, whether the effectiveness of the rules of employment can be recognized on the sole ground that the creation or modification of the relevant rules of employment is reasonable in light of socially accepted norms (negative in principle) Whether modification of the rules of employment to the detriment of employees may be deemed valid, notwithstanding the collective consent of the employees, if there are no extraordinary circumstances suggesting that either the trade union or the employees abused the right to collective consent (affirmative), and the meaning of “where either the trade union or the employees abused the right to collective consent” Whether the court may determine ex officio whether a certain case constitutes the abuse of the right to collective consent (affirmative) | |
