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In social terms, rationality is an abstract and ambiguous expression. The court cannot arbitrarily use this through pre-judgment or preunderstanding. This is because not only does it go against the intent of the legislator who enacted the proviso to Article 94, Paragraph 1 of the Labor Standards Act through the 1989 amendment, but it also goes against the 'principle of separation of powers' between the legislature and the judiciary.BR However, there are still problems with the majority opinion
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Joon-sik Bang (2024) studied this question.
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