고용안정협약의 법적성격과 경영사항― 대판 2014.3.27, 2011두20406을 계기로 ―

There are two types of (Management-Labour) Pacts for employment, which are to preserve the security of workers' employment. One type is to prohibit redundancy(dismissal for managerial reasons), and the other is to dismiss after consent of trade union. Prior to recent holdings, the Supreme Court has been negative to admit the effects of Pacts for employment. Yet with recent holdings - 2011du20406 and 2010da38007 -, the Court seems to change the direction toward affirmative. In 2011du20406 holding, “if labour and management conclude collective agreement of limiting the redundancy, that agreement cannot be seen as trespassing mandatory norm or social order, except special circumstances. Futhermore as rules prescribing working condition and other treatments, the dismissal against that agreement in principle cannot be seen as just dismissal. Confirming that Management-Labour Pacts for employment are rules prescribing working condition, ets., means issues about that Pacts are mandatory subjects for collective bargaining. And so it seems to be contradictory with the stubborn holding of the Supreme Court, managerial decision including dismissal for managerial reasons is to be excluded from mandatory subjects for collective bargaining.