2023-06-15 02:42:01
In a damages lawsuit filed by Hyundai Motor Company against strikers, the Supreme Court ruled that individual workers cannot be held liable for damages from an illegal strike.
The 3rd Division of the Supreme Court said that Hyundai Motor Company’s vehicle production line stopped for 63 minutes during a labor union strike in 2013, and in a lawsuit seeking compensation for 45 million won from five participants, including Mr. Song, Hyundai Motor Company’s damages , and the case was sent back to the Ulsan District Court.
The Supreme Court judged that ″temporary production disruptions do not result in fixed cost damages, and if the reduced production due to illegal strikes is partially recovered through additional life, then compensation for damages cannot be demanded.″
Workers have claimed that ″After the end of the strike, production was fully restored through overtime or holiday work and did not interfere with scheduled sales,″ which was accepted.
Previously, the first trial dismissed Hyundai Motor’s claim, but the second trial overturned the ruling, requiring five workers to jointly pay 23 million won to Hyundai Motor.
The Supreme Court also overturned the lower court ruling in favor of Hyundai Motor Company in a lawsuit filed by Hyundai Motor Company against four strikers claiming that the process was stopped for 278 hours and suffered losses due to the labor union’s occupation of the Ulsan plant for a month from November 2010. It was sent back to the Busan High Court.
The Supreme Court judged that ″the degree of involvement in the decision-making or execution of the union may vary greatly depending on the union member″ and ″the degree of individual union member participation in the occurrence of damages should be comprehensively considered″.
Previously, the first and second trials ruled that the company should compensate the company for 2 billion won, acknowledging responsibility for damages caused by the union members’ illegal strike.
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