賃金ピーク制と賃金削減、就業規則不利益変更と社会通念上の合理性

An author intend to introduce a wage peak、an extending the retirement age, a disadvantage change of the rule of employment in this article in Korea. Labor Standards Act Section 97(1) provides that where the rules of employment are modified unfavorably to wokres, an employer shall obtain worker’s consent. The Supreme Court of Korea has interpreted, however, that, even though the employer modifies the rules unfavorably without worker’s consent, and if the modify only has a rationality on social common notion, the modify shall be effective. Here I suggest this interpretation by the Court should be amended, so the modify without worker’s consent should be a nullity. By the way a retirement age is generally extended to the 60 ages by the Age Discrimination and Older Employment Promotion Act in Korea. Thereafter the Ministry of Employment and Labor(MEL) makes a guideline with respect to a wage peak system. The MEL suggests that an employer is able to modify the rules without worker’s consent through the rationality on social common notion held by the Court. Under these circumstances I expect and fear that the Court applies positively the rationality on social common notion against modifying the rules unfavorably without worker’s consent in future.