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초록

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Recently, the judgment of the Supreme Court(Supreme Court Decision 2015Da217287 delivered on Feb. 14, 2019) Sebsequent lower court decisions that present supplementary theories on the Supreme Court(Kia motors case Second level judgment: Seoul High Court Decision 2017Na28858 delivered on Feb. 22, 2019, 2017Na2058046) on the ‘Siyoung Transportation Company case’stipulated the principle of limiting the application of good faith that was not explained on the Supreme Court’s unanimous judgment on December 18, 2013 and occurred on the case that the application of good faith is completely excluded. The judgment intends to explain that it prioritized the enforcement of the Labor Standards Act over special circumstances such as “causing serious management difficulties or threatening the existence of a company” and excluded the principle of good faith. In brief, these results seriously infringe the legal stability and protection of trust underlying the law and order and inevitably destroy the entire law and order. The main reason for this confusion is that the judgment of the Supreme Court on the Siyoung Transportation Company case has misinterpreted ‘the criteria for the application of the principle of good faith in the case of violating the mandatory provisions’ that the Supreme Court’s unanimous judgment (Majority opinions)suggested on the case of additional statutory allowance or applied the contrary legal principle. Furthermore, it has the problem that the specific case has serious and unjust consequences that are not appropriate for reality. The judgment of the Supreme Court on the‘Siyoung Transportation Company case that does not follow the Supreme Court’s unanimous judgment as well as has the fundamental understanding with a financial statement provokes the further confusion in a number of ordinary wage lawsuits currently pending in courts. One shall expect that the Supreme Court shall understand correctly and legitimately the three general requirements and four special circumstances for the application of the principle of good faith in the case of violating the mandatory provisions and enhance the legal stability through establishing the explicit, definitive, and unified legal judgment standards and terminating the mass confusion that is taking place in the ordinary wage lawsuits.

목차

Ⅰ. 문제제기
Ⅱ. 신의칙 적용 제한법리를 제시한 대법원 판결
Ⅲ. 신의칙 적용 제한법리를 제시한 대법원 판결에 대한 검토와 평가
Ⅳ. 결론
참고문헌

키워드

통상임금소송 신의칙적용 대법원판결 중대한 경영상의 어려움 초래 기업의 존립 위태 법률적 판단규준 대법원 전원합의체 판결 the Ordinary Wage Lawsuits the Application of the Good Faith Principle the judgment of the Supreme Court causing serious management difficulties threatening the existence of a company legal judgment standards the Supreme Court’s unanimous judgment

저자

• 김희성 [ Kim, Hee-Sung | 강원대학교 법학전문대학원 교수. ]
• 조영길 [ Cho, Young-Gil | 법무법인 아이앤에스 대표변호사 ]

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