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| TITLE | Supreme Court Decision 2023Do2318 Decided December 7, 2023 【Violation of the Act on the Guarantee of Employees’ Retirement Benefits】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Legal nature of Articles 21(1)2 and 26(2)2 of the Passenger Transport Service Act concerning the prohibition of compelling taxi drivers to make mandatory payment of a fixed amount of income to taxi companies (held: imperative provision), and the validity of an agreement concluded between a taxi company (employer) and a taxi drivers’ trade union to the contrary of the aforesaid provisions (null and void) [2] Meaning of dismissal in Article 27 of the Labor Standards Act Requirements for the validity of dismissal of an employee who falls under the criteria of ipso facto retirement in a collective agreement or the rules of employment In a case where there is no provision under a collective agreement, etc. requiring the grounds for ipso facto retirement to undergo the procedure for disciplinary dismissal, but where the grounds for ipso facto retirement are also identically prescribed as the grounds for disciplinary disposition, whether disciplinary procedures in general need to be undertaken when rendering ipso facto dismissal disposition (affirmative) | |
