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The Supreme Court ruled that if there is a practice of reemployment after retirement, it is unfair to refuse reemployment without a reasonable cause. This decision was made in a context where workers could reasonably expect to be rehired after retirement.
The case involved a bus transportation company where bus drivers requested reemployment before reaching the retirement age of 61, but the company did not respond, leading them to file for relief from unfair dismissal. The Jeonnam Regional Labor Commission recognized their expectation of reemployment and ruled that the company's refusal was unfair. The company subsequently applied for a retrial to the Central Labor Commission, but this was dismissed, ultimately leading to an administrative lawsuit.
The first trial acknowledged the bus drivers' expectation of reemployment and dismissed the company's claim, but the second trial ruled that the previous collective agreement had expired, siding with the company. However, the Supreme Court overturned the second trial's ruling, emphasizing that a practice of reemployment after retirement had been established and recognized the unfair dismissal. The Supreme Court clarified the conditions under which workers can have an expectation of reemployment, setting a precedent for similar cases in the future.