취업규칙 불이익 변경 시 근로자 과반수의 동의권의 성격

The Supreme Court presented the legal principle of the prohibition of the abuse of collective consent rights in a case involving Hyundai Motor Company when Hyundai changed the employment rules to the detriment of employees. In workplaces without a majority union, the nature of the workers' collective consent rights needs to be examined, as the majority of workers are not a collective entity in such settings. The method of achieving collective consent for detrimental changes to employment rules is rooted in the spirit of labor protection under the Labor Standards Act. The act states the principle of protecting vested rights, the principle of equal determination of working conditions between labor and management, employment rules as the minimum standard, and the normative nature of employment rules. When employment rules are changed to the detriment of workers, the right to collective consent is exercised collectively by individual workers — it is not merely a right held by ‘the majority of workers’. The collective consent right of workers is rooted in the freedom of expression and the freedom of association guaranteed by the Constitution, and it is a fundamental right for communication. Considering that labor rights are a special form of freedom of association, it is important to recognize that workers can form groups in various forms and levels. This right is also one of the rights to organize and engage in collective bargaining. Therefore, the collective consent rights of workers in the event of detrimental changes to employment rules should be actively protected and guaranteed. Furthermore, to enable workers to exercise their freedom of expression and association more effectively, it is necessary to revise the Labor Standards Act to better support these rights.