ENGLISH

- If the dismissal-required measure taken is unprescribed under the collective agreement or employment regulations, etc. the Supreme Court deems the dismissal valid even if the measures were not taken according to the collective agreement or employment regulations.

- The Supreme Court believes that layoffs made in violation of procedural restrictions are invalid, except in exceptional cases where procedural defects repaired. (Supreme Court Decision, Jul. 9. 1991, 90 Da 8077)

- Even if procedural restrictions exist, the employer is not obliged to perform such procedures if any prior notice of disciplinary charges or statements of the person subject to punishment are prescribed as arbitrary. (Supreme Court Decision Apr. 9, 1991, 90 Daka 27042)

- In the case of disciplinary action against an employee in the employment rules, etc., any disciplinary action made without such proceedings shall be ineffective if ordered to go through a resolution by the Disciplinary Committee. (Supreme Court Decision Feb.9, 1996, 95 Nu 12613 )

- Notice of progress in disciplinary proceedings, unless there are special circumstances, it must be delivered directly to the person subject to disciplinary action. (Supreme Court Decision, Jul. 13, 1993, 92 Da 50263)

- If procedural restrictions stipulate that workers subject to disciplinary action should be given an opportunity to state their statements, it is necessary to provide the subject with an opportunity to state and the statement itself is not required. (Supreme Court Decision, Sep. 28, 1993, 91 Da 30620)

- It is sufficient if the disciplinary committee notifies the person subject to the disciplinary action and gives him/her the opportunity to state his/her disciplinary charges, and it is not necessary to specify the details of each suspected case so that the person subject to disciplinary action can state it without exception. (Supreme Court Decision, Jul. 14, 1995, 94 Nu 11491)

- The dismissal is invalid, even though it's supposed to go through a review process. (Supreme Court Decision, Mar. 10. 1995, 94 Da 33552)

- The re-examination procedure for disciplinary action is that the whole procedure is to be carried out with the original disciplinary procedure, and the legitimacy of the procedure shall be judged with respect to the entire disciplinary process. Even if there are defects in the original disciplinary process, the defects in the proceedings will be repaired if they have been supplemented during the reconsideration. (Supreme Court Decision, Mar. 26, 1999, 98 Du 4672)

- In general, personnel dispositions include all dispositions that result in changes in labor relations, such as personnel transfers, rewards and dismissals. If the collective agreement stipulates that personnel appointments for union leaders, etc. are "decided by agreement" with the trade union, the personnel disposition that has not undergone such settlement procedures is invalid. (Supreme Court Decision Apr. 25, 1997, 97 Da 6926)

- However, termination without the "consultation procedure" with the trade union stipulated in the collective agreement is also valid. (Supreme Court Decision Apr. 23, 1996, 95 Da 53102)

- In the case of an exemption from all civil and criminal liability for all future acts of dispute, while finalizing disputes between labor and management, the scope of immunity includes the exemption of acts that have unity with the act of dispute and actions that occur after the event due to the act of dispute.