단체협약상의 해고합의조항과 노동조합의 동의권 남용

If the employer and the trade union made a dismissal-agreement-clause in the collective agreements, that the employer shall dismiss employees by and after agreement of the trade union, the employer may not dismiss employees in case of the union's reject. But, in the case laws, the employer may dismiss employees in spite of the union's reject, if the union abuses its agreement right. The case laws had been harshly criticized that the dismissal-agreement-clause is made meaningless. However, the new case laws have made some changes to interpret and to apply the abuse of agreement right. This article reviews the changes of the words and applications, evaluates the changes, and argues limits. The new case laws should receive good praises. Because their exception words are modified by the type of abuse of agreement right, and their applications are made in the eyes of overall or dynamic considerations. Yet I worry about abuse of abuse, so analysis the type of blindly reject. In case laws, the interpretations of “objective and obvious reasons for the disciplinary sanction” and “employer's efforts to get consent with the trade union faithfully and earnestly” are agreed. But the interpretations of “trade union's blindly reject without rational grounds or reasons” are not agreed. The courts are used to judge that the union's reject for itself has no rational reason. I think that difficulties of union activities should be rational reason, too.