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TITLE Supreme Court Decision 2018Da288662 Decided November 9, 2023 ¡¼Confirmation of Invalidation of Suspension, etc.¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ [1] Legislative intention behind the worker¡¯s right to suspend work under the former Occupational Safety and Health Act and the requirements for the exercise thereof [2] In a case where: (a) a chemical leak of thiobis occurred at a company factory near Incorporated Company A; (b) Party C, a worker of Company A and branch leader of Trade Union B, heard about the accident, left the workshop, and told the other members of the trade union to evacuate, upon which the union members left the workshop as well; and (c) Company A suspended Party C, the case holding that the lower court erred in its judgment that Party C¡¯s exercise of the right to suspend work was unreasonable by misapprehending the legal doctrine
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