Explanation of Key Labor Case Issues
 |
Description
Book Introduction
Human life and labor are inseparable.
Because life is work, and work is life.
In the past, labor was a burden that had to be endured in order to make a living.
It's different now.
It is a means for the realization of each individual's personality, and at the same time, it is a medium that prevents that individual from being cut off from society.
Labor law has become a law that protects us throughout our lives.
Unfortunately, laws cannot be perfect.
The same goes for labor laws.
Even the most skilled legislators cannot anticipate and establish regulations for every conflict that may arise in the workplace.
Legislative flaws are therefore inevitable.
Especially in the area of labor law, changes in the workplace are occurring at an almost unimaginable rate, but legal revisions are relatively slow.
When a gap arises between law and norms, it ultimately falls to the judges to fill that legislative gap.
Judges resolve conflicts in the workplace, keeping in mind the legislator's original intention.
This is precisely why an accurate and in-depth understanding of case law is considered important, especially in the field of labor law.
For those studying labor law to prepare for exams like the bar exam and the Certified Public Labor Attorney exam, memorizing case law is inevitable. However, we sincerely hope that this process will provide an opportunity to examine human life from the perspective of justice and equity amidst the dramatic changes in the labor market.
This is because labor law will soon be freed from the swamp of excessive ideology and established as a system of laws governing labor, which is our very life, from the perspective of fairness and justice.
This book selects the most important precedents in the field of labor law, both academically and practically, and provides commentary focused on the issues to facilitate an understanding of the institutional significance of these precedents.
Clearly, without Dr. Lee Jae-hyun's sincerity as a labor law scholar and his sensibility as a practitioner, even planning would have been a challenge.
I would like to take this opportunity to express my deepest gratitude.
I sincerely hope that all readers of this book, including test-takers, will go beyond the literal meaning of labor judgments and return to the basics, reconsidering the importance of "concepts" in labor law.
I sincerely support all of you who are struggling to achieve your dreams and goals today.
Because life is work, and work is life.
In the past, labor was a burden that had to be endured in order to make a living.
It's different now.
It is a means for the realization of each individual's personality, and at the same time, it is a medium that prevents that individual from being cut off from society.
Labor law has become a law that protects us throughout our lives.
Unfortunately, laws cannot be perfect.
The same goes for labor laws.
Even the most skilled legislators cannot anticipate and establish regulations for every conflict that may arise in the workplace.
Legislative flaws are therefore inevitable.
Especially in the area of labor law, changes in the workplace are occurring at an almost unimaginable rate, but legal revisions are relatively slow.
When a gap arises between law and norms, it ultimately falls to the judges to fill that legislative gap.
Judges resolve conflicts in the workplace, keeping in mind the legislator's original intention.
This is precisely why an accurate and in-depth understanding of case law is considered important, especially in the field of labor law.
For those studying labor law to prepare for exams like the bar exam and the Certified Public Labor Attorney exam, memorizing case law is inevitable. However, we sincerely hope that this process will provide an opportunity to examine human life from the perspective of justice and equity amidst the dramatic changes in the labor market.
This is because labor law will soon be freed from the swamp of excessive ideology and established as a system of laws governing labor, which is our very life, from the perspective of fairness and justice.
This book selects the most important precedents in the field of labor law, both academically and practically, and provides commentary focused on the issues to facilitate an understanding of the institutional significance of these precedents.
Clearly, without Dr. Lee Jae-hyun's sincerity as a labor law scholar and his sensibility as a practitioner, even planning would have been a challenge.
I would like to take this opportunity to express my deepest gratitude.
I sincerely hope that all readers of this book, including test-takers, will go beyond the literal meaning of labor judgments and return to the basics, reconsidering the importance of "concepts" in labor law.
I sincerely support all of you who are struggling to achieve your dreams and goals today.
index
※ Chapters 1 and 2 - 2024.
8. Key Case Law, Chapter 3 - 2024.
8. Previous key precedents
※ 2025.
8. Additional key precedents - reflected as reference precedents for the following precedents (numbers)
· Standards for Determining Regular Wages (2020da247190·2023da302838) - [5]
· Abuse of the right to collective consent regarding unfavorable changes to employment rules (2017da35588·35595) - [6]
· Criteria for Determining the Legitimacy of a Transfer (Transfer) (2020da253744) - [7]
· Procedural and substantive legitimacy of disciplinary action (dismissal) (2010da100919) - [ 9 ]
· Confirmation of invalidity of labor union establishment (2017da51610) - [16]
· The statute of limitations for filing an application for relief from unfair labor practices (2023du41864·2023du41871) - [28]
preface
abbreviation
Chapter 1 Individual Employment Relations / 1
[１] Relationship between Employment Rules and Employment Contracts (2020da232136) / 3
[2] Concept of worker under the Labor Standards Act (2004da29736) / 10
[３] Prohibition on Pre-determined Deposits (2006da37274) / 20
[4] Judgment of Wage (2011da23149) / 28
[5] Standards for Determining Regular Wages (2012da89399, 2012da94643) / 35
[6] Unfavorable Changes to Employment Rules and Consent Method (2001da18322) / 47
[7] Criteria for Determining the Legitimacy of a Transfer (Transfer) (2016du44162) / 58
[8] Legal Principles of Standby Orders and Dismissals (2005Da3991) / 67
[9] Procedural Legitimacy of Disciplinary Action (Dismissal) (2003du15317) / 73
[10] Dismissal for business reasons (2016du64876) / 82
[11] Priority re-employment obligation (2016da13437) / 90
[12] Notice of Dismissal (2017da16778) / 98
[13] Written notice of dismissal (2017da226605) / 105
[14] Dismissal Agreement Clause in Collective Agreement (2005du8788) / 112
[15] Business transfer and employment succession (2000du8455) / 119
Chapter 2: Collective Labor-Management Relations / 125
[16] Labor Provider's Status as a Worker under the Labor Union Act (2019du33712) / 127
[17] Legitimacy of Union Activities (Propaganda Broadcasting) (2017da227325) / 137
[18] Legitimacy of union activities (entry into workplaces by union officials) (2017do2478) / 145
[19] Duty of Good Faith Negotiation (2005do8606) / 151
[20] Duty of Fair Representation (2017da218642) / 157
[21] Procedural Fairness Representation Obligation (2017da263192) / 165
[22] Limits of Agreement Autonomy Regarding Unfavorable Changes to Working Conditions (99da67536) / 174
[23] Extension of the effect of collective agreements (2001du10264) / 180
[24] Effects of Termination of Collective Agreement (2008da70336) / 187
[25] Legitimacy of industrial action without a vote (99do4837) / 197
[26] The scope of legitimacy of workplace occupation (2007do5204) / 204
[27] The Legitimacy of Workplace Closures (2012da85335) / 213
[28] Unfair Labor Practices of Disadvantageous Treatment in Personnel Evaluations (2017du37031) / 220
[29] Unfair Labor Practices of Controlling Intervention (2017du33510) / 231
Chapter 3: Key Case Laws Before 2024 /239
[30] Establishment requirements and effects of the comprehensive wage system (2016do1060) / 241
[31] Annual leave system (2014da232296·232302) / 247
[32] Labor Rights of Illegal Foreign Residents (2007du4995) / 254
[33] Subject of organizational change (2012da96120) / 261
[34] Employment Stability Agreement and Management Dismissal (2011du20406) / 268
[35] User Media Activities and Control/Intervention (2011do15497) / 274
[36] Scope of groups that consent to unfavorable changes to employment rules (2009du2238) / 280
[37] Urgent business necessity judgment unit (2012du25873) / 286
[38] Effect of unfavorable changes to employment rules without consent (91da45165) / 293
[39] The employer's role in unfair labor practices (2007du8881) / 298
[40] Limitation of the validity of the Union Shop Agreement (2019du47377) / 305
[41] Justification for Dismissal for Poor Performance (2018da253680) / 311
[42] Union Representative's Authority to Conclude Agreements (2016da205908) / 317
[43] Separation of Negotiating Units (2015du39361) / 325
References / 332
Index / 334
8. Key Case Law, Chapter 3 - 2024.
8. Previous key precedents
※ 2025.
8. Additional key precedents - reflected as reference precedents for the following precedents (numbers)
· Standards for Determining Regular Wages (2020da247190·2023da302838) - [5]
· Abuse of the right to collective consent regarding unfavorable changes to employment rules (2017da35588·35595) - [6]
· Criteria for Determining the Legitimacy of a Transfer (Transfer) (2020da253744) - [7]
· Procedural and substantive legitimacy of disciplinary action (dismissal) (2010da100919) - [ 9 ]
· Confirmation of invalidity of labor union establishment (2017da51610) - [16]
· The statute of limitations for filing an application for relief from unfair labor practices (2023du41864·2023du41871) - [28]
preface
abbreviation
Chapter 1 Individual Employment Relations / 1
[１] Relationship between Employment Rules and Employment Contracts (2020da232136) / 3
[2] Concept of worker under the Labor Standards Act (2004da29736) / 10
[３] Prohibition on Pre-determined Deposits (2006da37274) / 20
[4] Judgment of Wage (2011da23149) / 28
[5] Standards for Determining Regular Wages (2012da89399, 2012da94643) / 35
[6] Unfavorable Changes to Employment Rules and Consent Method (2001da18322) / 47
[7] Criteria for Determining the Legitimacy of a Transfer (Transfer) (2016du44162) / 58
[8] Legal Principles of Standby Orders and Dismissals (2005Da3991) / 67
[9] Procedural Legitimacy of Disciplinary Action (Dismissal) (2003du15317) / 73
[10] Dismissal for business reasons (2016du64876) / 82
[11] Priority re-employment obligation (2016da13437) / 90
[12] Notice of Dismissal (2017da16778) / 98
[13] Written notice of dismissal (2017da226605) / 105
[14] Dismissal Agreement Clause in Collective Agreement (2005du8788) / 112
[15] Business transfer and employment succession (2000du8455) / 119
Chapter 2: Collective Labor-Management Relations / 125
[16] Labor Provider's Status as a Worker under the Labor Union Act (2019du33712) / 127
[17] Legitimacy of Union Activities (Propaganda Broadcasting) (2017da227325) / 137
[18] Legitimacy of union activities (entry into workplaces by union officials) (2017do2478) / 145
[19] Duty of Good Faith Negotiation (2005do8606) / 151
[20] Duty of Fair Representation (2017da218642) / 157
[21] Procedural Fairness Representation Obligation (2017da263192) / 165
[22] Limits of Agreement Autonomy Regarding Unfavorable Changes to Working Conditions (99da67536) / 174
[23] Extension of the effect of collective agreements (2001du10264) / 180
[24] Effects of Termination of Collective Agreement (2008da70336) / 187
[25] Legitimacy of industrial action without a vote (99do4837) / 197
[26] The scope of legitimacy of workplace occupation (2007do5204) / 204
[27] The Legitimacy of Workplace Closures (2012da85335) / 213
[28] Unfair Labor Practices of Disadvantageous Treatment in Personnel Evaluations (2017du37031) / 220
[29] Unfair Labor Practices of Controlling Intervention (2017du33510) / 231
Chapter 3: Key Case Laws Before 2024 /239
[30] Establishment requirements and effects of the comprehensive wage system (2016do1060) / 241
[31] Annual leave system (2014da232296·232302) / 247
[32] Labor Rights of Illegal Foreign Residents (2007du4995) / 254
[33] Subject of organizational change (2012da96120) / 261
[34] Employment Stability Agreement and Management Dismissal (2011du20406) / 268
[35] User Media Activities and Control/Intervention (2011do15497) / 274
[36] Scope of groups that consent to unfavorable changes to employment rules (2009du2238) / 280
[37] Urgent business necessity judgment unit (2012du25873) / 286
[38] Effect of unfavorable changes to employment rules without consent (91da45165) / 293
[39] The employer's role in unfair labor practices (2007du8881) / 298
[40] Limitation of the validity of the Union Shop Agreement (2019du47377) / 305
[41] Justification for Dismissal for Poor Performance (2018da253680) / 311
[42] Union Representative's Authority to Conclude Agreements (2016da205908) / 317
[43] Separation of Negotiating Units (2015du39361) / 325
References / 332
Index / 334
GOODS SPECIFICS
- Date of issue: August 29, 2025
- Page count, weight, size: 337 pages | 704g | 182*257*30mm
- ISBN13: 9788973168446
- ISBN10: 8973168444
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