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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2018Du54705 Decided November 5, 2020 【Revocation of Readjudication on Relief Request for Unfair Dismissal and Unfair Labor Practice】 [full Text]
Summary
In a case where the whole of the business is transferred after an employee was fired before the date on which a business is transferred without justifiable cause, whether a transferee who acquired the whole of the business succeeds the labor relationship with the employee fired by a transferor without justifiable cause (affirmative in principle)
On this occasion, where there is a special agreement between the parties of the transfer of the business that the employees fired without justifiable cause shall be excluded from the object of succession, whether the special agreement is valid only when there is a justifiable reason stipulated in Article 23(1) of the Labor Standards Act (affirmative) and whether the transfer of the business per se can be recognized as a justifiable reason to exclude employees from the succession (negative)
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