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TITLE | ¡¼Syllabus of Latest Opinion¡½ Supreme Court Decision 2018Jaedu178 Decided September 27, 2024 ¡¼Revocation of an Order of Correction for Collective Agreement¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ [1] The part relating to ¡°an act of subsidizing trade union¡¯s operating expenses¡± stipulated in Article 81 Subparag. 4 of the former Trade Union and Labor Relations Adjustment Act combined with Article 31(3) of the same Act corresponds to the statutory provision on penalty (negative) [2] Where a decision incompatible with the Constitution concerning the temporary application thereof was pronounced in relation to non-penal provision, but as a time limit passed without the revision of legislation in which unconstitutionality was not eliminated, the effect of the statutory provision was lost, whether it merely affects the future (affirmative) Where the revision of legislation was made after a time limit for revision, but there is no transitional provision regulating the retroactive effect, whether the court should conduct a trial by applying the existing provision until the time limit for revision determined by the decision compatible with the Constitution expires (affirmative) |