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[Alpha Biz=(Chicago) Reporter Paul Lee] The Supreme Court reaffirmed the law that even if production decreased due to illegal disputes, it should be excluded from the calculation of damages if it proves that it did not lead to a drop in sales.
The Supreme Court's Civil Affairs Department 1 (Supreme Court Justice Roh Tae-ak) on the 29th destroyed all three appeals filed by Hyundai Motor against the non-regular branch of the Korean Metal Workers' Union and returned the case to the Busan High Court.
An official of the Supreme Court said, "We remanded after reversal to the effect that there was a mistake such as a misunderstanding of the law in the judgment of the original trial, which acknowledged the considerable loss of fixed costs."
the suspension of production due to an illegal dispute, the estimation of damage equivalent to fixed costs can no longer be maintained," the Supreme Court said in a Hyundai Motor-related lawsuit. "Therefore, if all or part of the insufficient production caused by the dispute has been recovered through additional production within a considerable period of time that does not cause a decrease in sales after the end of the illegal dispute, the decrease in sales caused by the suspension and the subsequent fixed damage cannot be acknowledged unless there are special circumstances."
In the lawsuit, Hyundai Motor filed a lawsuit against its members who participated in the strike, claiming that they suffered losses due to the suspension of operations due to the occupation of the Ulsan 3 plant by the non-regular workers' association in July 2013.
Alphabiz Reporter Paul Lee(hoondork1977@alphabiz.co.kr)
