취업규칙의 법리에 대한 소고

Conclusions are as follows; First, If rules in workplace are legally changed at a disadvantage to employees, the rules will have a normative effect on the employees concerned. Second, If an employer unilaterally changes rules in workplace without employees’ collective agreement, it is natural to interpret them as ineffective as the rules. Third, It is fully acceptable as an interpretation that the Supreme Court has held that changing of the rules in workplace is valid if there is a reasonable cause in the event of a disadvantageous modification of the rules to employees. It would be natural to interpret that the effect of the change extends to workers those who were subject to the existing rules before the change Forth, a ruling of the Supreme Court in 2019 is understood to have held a different interpretation from the previous Supreme Court ruling in recognition of the advantageous principle of the contract of employment. Fifth, a ruling of the Supreme Court in 2019 recognizes advantageous principle by the contract of employment in case of changing rules in workplace to a disadvantageous modification of the rules to employees concerned, and the Court also holds that it is possible to change working conditions at a disadvantageously by obtaining the consent of individual workers after changing the rules disadvantageously. However, it is questionable whether an equal determination against working conditions by Article 4 of the Labor Standards Act will be secured through the consent above by individual workers. Sixth, under a ruling of the Supreme Court in 2019, it is possible for a majority union etc. to obtain prior consent from individual workers against changing the rules to disadvantages to them. Seventh, in advance, an employer will be able to include regulations in the rules that working conditions and other conditions can be changed disadvantageously depending on the management situation. To do so, an advantageous principle by the contract of employment will have no meaning. Finally, the National Assembly should enact a legislation recognizing effectiveness of the rules changed disadvantageously to employees through a due process of the Labor Standards Act. In addition, the legislation should also recognize effectiveness of the rules changed disadvantageously with reasonable grounds in the society by an employer.