Section 2: Individual Labor Relations
Chapter 9: Termination of Other Employment Relations
3. Declaration of Untrue Intention of Resignation
3.9 Employees' Applications for Early Voluntary Retirement in Response to Employer's Instruction to Submit Early Voluntary Retirement Applications En Bloc
| Seoul High Court Decision on April 17, 2015, Case 2014nu3077 | |||||
| * Plaintiff, Appellant: ToOOO Corporation
* Defendant, Appellant: Chairman of the National Labor Relations Commission * Defendant Intervenor: Ko ○○ and 38 others 1. Facts a. Before conducting interviews for the honorable retirement in question, on November 14, 2011, the plaintiff had already agreed with the union chairman, Pyo ○○, to set the number of voluntary retirees at 100. Pyo ○○, after consulting financial statements presented by the plaintiff's executive manager, Cheon ○○, and considering the company's poor financial condition, consulted with the union representatives and reached an agreement with the plaintiff regarding the honorable retirement. b. Pyo ○○ and other union leaders, all being production workers, did not have personnel capable of analyzing financial statements or the company's financial situation. Therefore, they had no choice but to believe the plaintiff's assertions that if workforce restructuring was not carried out, the company might go bankrupt or that the maximum possible for honorary retirement compensation would only be about 0.5 to 3 months of salary. 2. Court Judgment The participants, including the defendant-intervenors, could not be considered to have voluntarily applied for honorable retirement thinking it was the best option, nor could the plaintiff's process of selecting retirees be seen as objective or fair. The honorable retirements, including those of the participants, involved the employees submitting voluntary retirement applications en masse without genuine intent to resign, at the behest of the plaintiff, and retirements were decided based on criteria unilaterally set by the plaintiff. It is reasonable to assume that the employer, the plaintiff, knew about the lack of genuine intent among the participants. Therefore, even though the participants submitted honorable retirement applications and resignation letters to the plaintiff, expressing their intent to resign, these expressions are considered no genuine under the Civil Act and thus invalid. |
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| Download : 서울고법 2014누3077.pdf | |||||
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