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TITLE 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2016Da248998 Decided August 27, 2020 【Damages, etc.】 [full Text]
Summary
[1] Matters to be considered when determining whether a collective agreement shall be null and void pursuant to Article 103 of the Civil Act
Standard for determining whether a collective agreement including the content that the immediate family, etc. of the union member may be recruited in a case where a particular reason such as death, etc. resulting from occupational accidents occurs is contrary to good morals and other social order
[2] In the case where whether the so-called “preferential employment clause for the family of workers dead in industrial accidents” regulating that a person among the immediate family members of the union member may be specially employed in a case where a union member is dead due to occupational accidents in each collective agreement which Stock Company A and others conclude with trade unions is null and void in accordance with Article 103 of the Civil Act comes into question, the case holding that it is difficult to recognize special circumstances to see that the preferential employment clause for the family of workers dead in industrial accidents comes to the extent of excessively constraining the freedom of the employment of Stock Company A and others or ends up disrupting the fairness of employment opportunities, and thus the clause cannot be seen to be null and void in violation of good morals and other social order
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