근로조건의 불이익변경에 관한 협약자치의 한계 ― 대상판결 : 대법원 2011. 7. 28. 선고 2009두7790 판결 ―

A collective agreement includes parts of working conditions like wages, working hours, holidays, etc. According to the principle of freedom of contract, a labor union and an employer may conclude a collective agreement that provides for better or worse working conditions. When unfavorable changes of working conditions are remarkably unreasonable in view of the purpose of labor unions, they couldn't be imposed on the members of the labor union who accepted them. This paper aims to review the Supreme Court's decision that the collective agreement reducing retirement ages by six years for a limited time takes no effect because it discriminates against employees above the age of 54 without just reasons. The implication in this case is that the judicial control over unfavorable changes of working conditions should be taken increasingly in order to combat discrimination on the basis of unreasonable grounds. The case, however, doesn't resolve the issue of whether collective agreements may be valid when concluded unfavorably without following the procedure of gathering the opinions among employees about poorer working conditions