2. The supplementary participation costs are borne by the Intervenor, and the remainder is borne by the Defendant.

The decision made in respect of the above petition case for retrial shall be revoked.

A. The Plaintiff’s union is an associated organization comprised of seven unit labor unions, such as the Jeonnam-do Office Public Officials’ Union, the Seoyang-gun Public Officials’ Union, the Boyang-gun Public Officials’ Union, the Hasung-gun Public Officials’ Union, the Pyeongtaek-gun Public Officials’ Union, the Young-do Public Officials’ Union, the Mine-gun’s Union, and the Full-do Public Officials’ Union, and the Intervenor Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s (hereinafter “

B. On March 20, 2008, the Plaintiff Trade Union demanded the Intervenor to conduct collective bargaining (hereinafter “instant collective bargaining”) as stated in the separate sheet, but the Intervenor, from February 20, 2008 to February 26, 2008, notified on the bulletin board of the Do Office of Jeonnam-do, that he was requested to conduct collective bargaining by the public official trade union of Jeonnam-do (hereinafter “Do Office Labor Union”), thereby allowing the relevant trade union to participate in the bargaining, the Plaintiff Trade Union refused collective bargaining on the ground that the Intervenor did not demand the bargaining during the period of the said request for bargaining (hereinafter “instant refusal”).

C. Accordingly, with respect to the refusal of the negotiations in this case, the Plaintiff Trade Union filed an application for remedy with the Jeonnam Regional Labor Relations Commission for unfair labor practices as 2008No38. On May 14, 2008, the Jeonnam Regional Labor Relations Commission recognized the refusal of the negotiations in this case as unfair labor practices on the ground that the Intervenor’s announcement on the bulletin board within the Do Office is not appropriate to guarantee the right to participate in the negotiations in the labor union related to the labor union, including the Plaintiff Trade Union, and thus, it is unreasonable to refuse collective bargaining on the ground that the refusal of bargaining in this case was not made within the said public announcement period, and ordered the Plaintiff Trade Union, Jeonnam-do, an employer, to grant the right to participate in the negotiations to the Plaintiff Trade Union.

D. On May 29, 2008, Jeonnam-do filed an application for reexamination with the National Labor Relations Commission as 2008 No.96 on the above remedy order. The National Labor Relations Commission, which constituted the instant trade union, may request the pertinent employer to conduct collective bargaining or delegate its right to collective bargaining to the instant trade union, which is an associated organization, so that the instant trade union may conduct collective bargaining on behalf of its own with its employer. The instant trade union was delegated the collective bargaining right only from Bosung-gun, Pyeong-gun, Pyeong-gun, Jindo-gun, Yong-do-gun, and Shyangyang-gun-gun trade union, which was entrusted with the collective bargaining right by the pertinent employer. The employer of the instant trade union may request the employer of the unit of the trade union to which the employer delegated the collective bargaining right by the National Labor Relations Commission (see, e.g., Bosung-gun, Pyeong-gun, Pyeongdo-gun, Young-do-gun, and Cheongyang-do-U. 2).

[Identification Evidence: Evidence No. 1-1, 2, Evidence No. 3-1, 2, 3, Evidence No. 4, the purport of the whole pleadings]

2. Whether the decision on the retrial of this case is legitimate

A. The plaintiff Trade Union's assertion

(1) The interpretation of Article 8(1) of the Public Officials’ Labor Assistance Act does not relate only to a specific unit labor union, but also to the Plaintiff’s labor union itself or its entire unit labor union members have the authority to directly negotiate and conclude a collective agreement with the Intervenor, who is the head of a metropolitan local government, regardless of whether or not the Plaintiff’s labor union itself or the entire unit labor union members were delegated by the Do labor union, and the Intervenor is in the position of a government bargaining representative who is responsible for collective bargaining with respect to

(2) The collective bargaining agreement of this case is not only directly related to the working conditions of the public officials belonging to the unit labor union, but also matters that have the authority to manage or decide by the intervenor himself/herself, such as education of public officials, personnel exchanges between the intervenors and the Si/Gun local public officials, disciplinary problems of Si/Gun public officials of Jeonnam-do, overseas training, service inspection, etc., conducted under the supervision of Jeonnam-do. Thus, the collective bargaining agreement of this case constitutes a subject of compulsory bargaining to comply

(3) The intervenor requested the first collective bargaining from the Do government's labor union and announced this fact on the bulletin board of the Do government's office to allow the relevant trade union to participate in the bargaining within the above period, but refused the bargaining of this case pursuant to Articles 9 (3) and 6 and 7 (4) of the Public Officials' Labor Union Act and Articles of the Enforcement Decree of the same Act. The collective bargaining of the Do government's labor union is limited to the working conditions of the public officials belonging to the Do government's office. On the other hand, the collective bargaining of the plaintiff's labor union includes not only the Do government's office of Jeonnam-do but also the matters related to the working conditions of the public officials belonging to six Gun's office. Since it is different that part of the bargaining targets overlap, the plaintiff's labor union does not constitute "relevant trade union under Article 9 (3) of the Public Officials' Labor Union Act" and even if it is possible to announce the fact of posting or delivery of documents on the Internet homepage of the Do government's office's Internet.

B. Relevant statutes

Article 5 (Establishment of Trade Union) (1) Where a public official intends to establish a trade union, the Office of Education of the Special Metropolitan City, the Constitutional Court of the National Assembly, the executive branch of the Special Metropolitan City, the Metropolitan City, the Do, the Si, Gun and Gu (referring to an autonomous Gu) and the Office of Education of the Special Metropolitan City, Metropolitan

(2) Any person who desires to establish a trade union shall submit an establishment report to the Minister of Labor.

제8조 (교섭 및 체결권한 등) ①노동조합의 대표자는 그 노동조합에 관한 사항 또는 조합원의 보수·복지 그 밖의 근무조건에 관한 사항에 대하여 국회사무총장 · 법원행정처장 헌법재판소사무처장 중앙선거관리위 원회사무총장 행정안전부장관(행정부를 대표한다) 특별시장·광역시장·도지사·시장·군수·구청장(자치구의 구청장을 말한다) 또는 특별시·광역시·도의 교육감중 어느 하나에 해당하는 자(이하 "정부교섭대표"라 한다)와 각각 교섭하고 단체협약을 체결할 권한을 가진다. 다만, 법령 등에 의하여 국가 또는 지방자치단체가 그 권한으로 행하는 정책결정에 관한 사항, 임용권의 행사 등 그 기관의 관리·운영에 관한 사항으로서 근무조건과 직접 관련되지 아니하는 사항은 교섭의 대상이 될 수 없다.

(2) Where a trade union requests bargaining on matters which it has the authority to manage or determine by itself pursuant to Acts and subordinate statutes, etc., the Government bargaining delegation shall comply therewith unless there is any justifiable reason.

(3) If it is deemed necessary for efficient negotiations, a Government negotiation representative may jointly negotiate with other Government negotiation representatives, or delegate the authority to conclude a collective agreement by negotiation with other Government negotiation representatives.

(4) Where necessary for efficient negotiations, a Government negotiation representative may have the head of a related agency other than the Government negotiation representative participate in negotiations, and may delegate the authority to negotiate and conclude a collective agreement with respect to matters managed or determined by the head of another agency.

(5) Where the Government bargaining representatives or the heads of other agencies conduct collective bargaining pursuant to paragraphs (2) through (4), they may have public officials under their control conduct such collective bargaining and conclude a collective agreement.

Article 9 (Procedures for Negotiations) (1) A trade union shall organize the representative and members of a trade union for the collective bargaining referred to in Article 8.

(2) Where the representative of a trade union intends to negotiate with the Government bargaining delegation pursuant to Article 8, he/she shall request in writing the Government bargaining delegation who has authority on the matters to be consulted.

(3) Where a Government negotiation representative is requested by a trade union pursuant to paragraph (2), he/she shall announce the fact that the trade union has received a request for bargaining so that the trade union concerned may participate in such bargaining.

(4) Where there is more than a trade union which requests bargaining pursuant to the provisions of paragraphs (2) and (3), the Government bargaining representative may request the relevant trade union to simplify the bargaining windows. In this case, he may refuse the bargaining until the bargaining windows are standardized.

(5) Where a Government negotiation representative concludes a collective agreement with a trade union related pursuant to the provisions of paragraphs (1) through (4), he/she may refuse to negotiate even if the trade union which did not participate in the conclusion of the relevant collective agreement requests the bargaining during the effective

(6) Matters necessary for procedures for collective bargaining under paragraphs (1) through (5) shall be prescribed by the Presidential Decree.

Article 17 (Relation with Other Acts)

(2) Except as otherwise provided for in paragraph (3), matters not prescribed in this Act concerning the adjustment of labor relations shall be governed by the Trade Union and Labor Relations Adjustment Act. In this case, the term "collective bargaining or industrial action" in Article 3 of the same Act shall be deemed to read "collective bargaining," the term "collective bargaining action" in the main sentence of Article 4 shall be deemed to read "collective bargaining," the term "collective bargaining action" in the main sentence of Article 10 (1) shall be deemed to read as "collective bargaining," the term "labor union which is an associated organization," the term "Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors" in Article 10 (1) shall be deemed to read as "Minister of Labor," the term "Minister of Labor," the term "Minister of Labor or Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors (hereinafter referred to as "administrative Authorities") in Article 12 (1)" in Article 30 (1) and (2) shall be deemed to read "Minister of Labor," the term "chairman or the chief mediator of Labor Relations Commission" in Article 16 (3) of the same Act shall be excluded, the term "chairman of labor relations Council" in paragraph (16."

(3) The provisions of the proviso of subparagraph 4 (d) of Article 2 of the Labor Union and Labor Relations Adjustment Act, Articles 24, 29, 36 through 46, 51 through 57, 60 (1) and (5), 62 through 65, 66 (2), 69 through 80, the proviso of subparagraph 2 of Article 81, Articles 88 through 92 and 96 (1) 3 of the Act and Article 5 (1) and (2) of the Addenda to the Labor Union and Labor Relations Adjustment Act (Act No. 5310) shall not apply to a trade union under this Act.

Enforcement Decree of the Act on the Establishment and Operation of Public Officials' Unions

"Matters concerning policy-making by the State or local governments, the exercise of the right to appoint, and other matters concerning the management and operation of such institutions" in the proviso to Article 8 (1) of the Act means the following matters:

1. Matters on policy-making, such as formulation of policies or plans;

2. Matters concerning the exercise of the right to appoint public officials, such as employment, promotion, and ceiling;

3. Organization and the fixed number of institutions;

4. Matters concerning the compilation and execution of budgets and funds;

5. Matters concerning an appeal (including an appeal) to which an administrative agency is a party;

6. Other matters concerning the management and operation of institutions.

Where the Government bargaining representatives pursuant to Article 8 (1) of the Act (hereinafter referred to as the "Government bargaining representatives") jointly negotiate or negotiate and delegate authority to conclude a collective agreement pursuant to Article 8 (3) through (5) of the Act, etc., they shall notify the other party thereof. In such cases, the names of the relevant Government bargaining representatives and the heads of relevant agencies, etc. and the details of delegation shall be clearly stated.

Article 6 (Time of Request for Negotiations) A request for bargaining pursuant to the provisions of Article 9 (2) of the Act shall be made from three months prior to the expiration date of a collective agreement until thirty days prior to the scheduled date of commencement of bargaining, as prescribed by the Ordinance of the Ministry of Labor.

Article 7 (Public Notice of Fact of Request for Negotiations and Participation in Negotiations) (1) The public notice of fact of request for bargaining pursuant to the provisions of Article 9 (3) of the Act shall be given without delay after receiving such request for bargaining.

(2) Any trade union which intends to participate in negotiations pursuant to Article 9 (3) of the Act shall request the Government bargaining representatives within seven days from the date of public announcement pursuant to paragraph (1) as prescribed by Ordinance of the Ministry of Labor.

(3) The Government negotiation representative shall, without delay, announce a trade union which has made a request for bargaining pursuant to Article 9 (2) and (3) of the Act (hereinafter referred to as "Negotiation trade union") after the period of the request for bargaining expires pursuant to paragraph (2) and notify the bargaining trade union thereof.

(4) A Government negotiation representative may refuse a trade union's request for bargaining which fails to make a request for bargaining within the period of a request for bargaining pursuant to Article 6 or (2).

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

1. The term "worker" means a person who lives on wages, wages, or any other income equivalent thereto, regardless of the type of occupation;

2. The term "employer" means a business owner, a person responsible for the management of a business, or a person who acts for the business owner on matters concerning workers at the business;

4. The term "trade union" means an organization or associated organization of workers, which is organized on their own initiative for the purpose of maintaining and improving working conditions and promoting the improvement of workers' economic and social status by means of voluntary and collective integration: Provided, That in cases falling under any of the following items, it shall not be deemed a trade union:

(a) Where an employer or a person who acts on behalf of him/her at all times is allowed to participate therein;

(b) Where the principal part of the expenses is subsidized by the employer;

(c) Where the purpose is only mutual aid or salvage and other welfare business;

(d) Where joining a person other than a worker is permitted: Provided, That in case where the dismissed person has requested the Labor Relations Commission to remedy unfair labor practices, it shall not be interpreted as a person other than the worker until the Central Labor Relations Commission makes a decision on review;

(e) Where the primary purpose of a political movement is to be mainly carried out, the trade union and the employer or employers' association shall faithfully negotiate and make a collective agreement with each other in good faith and sincerity and shall not abuse their authority; and

(2) No trade union and employer or employers’ association shall refuse or neglect the negotiation or the conclusion of a collective agreement without any justifiable reasons.

Article 81 (Unfair Labor Practices) Any employer shall be prohibited from performing any of the following acts (hereinafter referred to as "unfair labor practices"):

3. Refusing or neglecting to conclude a collective agreement with the representative of a trade union or a person delegated by a trade union, or other collective bargaining without any justifiable reason;

C. Determination

(1) Whether the Plaintiff’s union as a union union has the right to collective bargaining

The main text of Article 2 subparag. 4 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides that a trade union refers to an organization whose main purpose is to maintain and improve its working conditions and also recognizes that an associated organization of a trade union is also a trade union. In light of the interpretation of the Trade Union Act, if a trade union as an associated organization aims not to simply negotiate or communicate but to enter into collective bargaining and collective agreements, and has control over each unit labor union as a constituent member, then the trade union has its own collective bargaining rights as to the matters concerning the trade union as an associated organization or the common matters of the unit labor union as a constituent member, even if not delegated by the unit labor union. Article 17(2) of the Trade Union and Labor Relations Adjustment Act provides that unless otherwise provided for in this Act, matters concerning the adjustment of trade unions and labor relations to which public officials apply shall be governed by the Trade Union Act, and therefore, the legal principles that are commonly used in relation to the scope of collective bargaining rights held by a trade union as an associated organization under

In this case, according to the purport of evidence No. 24 and the whole argument by the Plaintiff’s union, the above seven unit labor union is an associated organization organized by the above seven unit labor union through a resolution of the respective general meeting, and the superior group organized by the Plaintiff’s labor union is a general member of the public officials’ union. The president of the public officials’ union, together with other public officials’ unions such as executive officials’ labor union and national educational institution’s labor union, has concluded a collective agreement with the Minister of Government Administration and Home Affairs representing the Government since 2006 on the common matters of public officials such as the improvement of the working conditions of public officials and labor union. The Plaintiff’s union demanded collective bargaining with respect to the matters concerning the Plaintiff’s union and common matters of the general union of labor union members, and Article 3 of the Plaintiff’s union’s union provides that the Plaintiff’s union members’ rights to consult and execute collective bargaining with the Plaintiff’s union members for the purpose of promoting the economic and social status of the union members, and the Plaintiff’s union members’ rights to consult and execute collective agreements with the Plaintiff’s union members.

(2) Whether the Intervenor is in the position of a governmental bargaining representative who is responsible for collective bargaining with the Plaintiff’s union

(3) Pursuant to Article 8 (1) of the Public Officials' Unions Act, the Act on the Coordination of Workers' Unions provides for the scope of the Government's rights to negotiate with the Government's labor unions pursuant to Article 8 (1). (1) unlike the Trade Union Act, there are regulations on the minimum unit of an organization in establishing a trade union, and the State or local governments corresponding to the collective bargaining obligations concurrently list the State or local governments (Article 8 (1) of the Act). The Government's representative may, if necessary for efficient negotiations, negotiate with other Government's representative or delegate authority to negotiate and sign collective agreements. The Government's representative may participate in such negotiations. For the matters of which the head of other agency is authorized to negotiate with the Government's representative and to delegate authority to the head of the agency concerned for the consultation and sign collective agreements (Article 8 (3) and (4) of the same Act).

(3) Whether the subject of compulsory bargaining exists in the collective bargaining of the instant case

(A) According to Article 8(1) and (2) of the Public Officials' Unions Act, when a trade union requests the negotiation of a trade union with respect to matters of the trade union, or matters of the union's management or decision-making authority under the statutes, etc. among matters concerning union members' remuneration, welfare, and other working conditions, a Government bargaining delegation shall comply with such request unless there is a justifiable reason. However, the Government bargaining delegation has no duty to comply with the negotiation as a non-Negotiation subject, unless there is a justifiable reason, concerning the exercise of the right to appoint, such as the formulation of policy plans or plans under Article 4 of the Enforcement Decree of the Public Officials' Unions Act, matters concerning the organization and quota of institutions, matters concerning the organization and quota of institutions, budget, matters concerning the organization and execution of funds, matters concerning disputes to which administrative agencies are party, management and operation

(B) We examine whether the collective bargaining of the instant case is subject to such compulsory bargaining.

1) The Plaintiff’s labor union included the collective bargaining of the instant case that “Article 9 (Cooperation in Labor-Management Education)” (1) Jeonnam-do strengthens labor-management relations education at the Public Official Training Center for the development of labor-management. (2) Jeonnam-do included that Jeonnam-do may conduct labor-management education at the Public Official Training Center and provide financial support.”

According to Article 5 and Article 7-2 of the Local Public Officials Education and Training Act of Do, education and training for local public officials belonging to the intervenor and the local public officials belonging to the Si/Gun within the jurisdiction of Jeonnam-do are conducted at the education center for local public officials belonging to the intervenor, and the head of Jeonnam-do local public officials education center shall establish an annual implementation plan in accordance with the annual implementation plan, and according to the items of evidence No. 5-1, No. 2, evidence No. 6, and evidence No. 7, the education center for Jeonnam-do local public officials has conducted a demand survey in each Si/Gun to establish the education and training plan every year, and notified the education plan and the number of persons to be selected according to the results. Each Si/Gun has notified the selection plan and the education and training plan again for each department, and the above education plan includes labor-management relations education such as "labor-management cooperation for public officials", but the recent education period has been reduced from 1 to 3 days per week.

According to the contents of the above relevant provisions and the above facts of recognition, matters related to labor-management relations education are common matters of the general public in labor-management relations education, which are selected as students by the public officials belonging to unit labor union as part of the Plaintiff’s union and receive education for a fixed period of time when the order of education is issued, which can be said to be matters concerning the working conditions of public officials, and as long as such education is conducted at the education center for the Daranam-do Local Public Officials established under the jurisdiction of the Intervenor, it is within the scope of the Intervenor’s management and decision-making authority. Accordingly, the above matters of the request

2) The Plaintiff Trade Union and Labor Relations Adjustment also "Article 16 (Improvement of Personnel Exchange of Officials)" as collective bargaining of the instant case.

(1) The personnel agreement between urban and military personnel agreements concluded on December 27, 1999 between the Do Governor and the head of a Si/Gun without democratic gathering, shall be abolished as there is a provision in inequality and reading. < Amended by Presidential Decree No. 15990, Dec. 27, 1999>

(3) After promotion by the Do, the manpower transferred to the Do shall be returned to the Do by the next year in accordance with the order of transfer. Article 17 (Criteria for Transfer) ① The standards for transfer of the Do shall be established equally without the demotion by series of class, and there shall be no discrimination between series of class. ② At the time of selection of the person subject to transfer, the criteria for not more than five years shall be improved.”

According to Article 30-2 (2) and (3) of the Local Public Officials Act, Article 27-5 (1), (2), and (3) of the Decree on the Appointment of Local Public Officials of Jeonnam-do, Articles 2, 3 (1), and 4 of the Regulations on the Personnel Management of Local Public Officials of Jeonnam-do, and Article 23 (1) of the Regulations on the Personnel Management of Public Officials of Jeonnam-do, an intervenor may recommend the head of Si/Gun within Jeonnam-do to exchange personnel according to the personnel exchange standards set by the Personnel Exchange Council established under the Intervenor, if it is deemed necessary to exchange personnel between public officials of Jeonnam-do and public officials of Jeonnam-do. The head of Si/Gun may recommend the exchange of personnel among public officials of the Si/Gun within Jeonnam-do. The above personnel exchange council shall deliberate on the basic principles of personnel exchange between the Do and Si/Gun, plans for personnel exchange, etc., and shall also be determined by the Ordinance on the Personnel Management of Local Public Officials of Do.

According to the contents of the relevant provisions and the above facts of recognition, individual decisions such as employment, promotion, transfer, etc. of an intervenor cannot be subject to negotiation as matters belonging to the exercise of the intervenor's right of appointment. However, setting the standards or procedures for personnel exchange is directly related to the working conditions of public officials belonging to unit labor union, not to limit individual appointment rights such as employment, promotion, transfer, etc., and as long as personnel exchange is determined by the personnel exchange council established under the control of an intervenor, it shall be within the scope of the intervenor's management and decision-making authority. Thus, the above matters of request for negotiation are subject

3) In addition, Articles 7, 8, 10, 11, and 15 of the collective bargaining of the instant case include the Plaintiff’s union activities guarantee, treatment of union officers, provision of facilities and convenience, perusal of materials and information, organization of labor-management council, etc.

Article 8 (1) of the Public Officials' Labor Relations Adjustment Act provides that the representative of a trade union shall have the authority to negotiate and sign a collective agreement on matters concerning the trade union with the government representative for the matters concerning the trade union. Thus, the matters regarding the request for the above bargaining by the plaintiff and the union shall be the matters concerning the labor union by the plaintiff and the union within the scope of the decision-making of the intervenor,

(C) As long as it is recognized that the subject matter of collective bargaining in this case’s collective bargaining is included in the subject matter of collective bargaining, the intervenor must comply with the instant collective bargaining request with the Plaintiff’s union unless there exist justifiable grounds to the contrary.

(4) Whether the Intervenor’s refusal to negotiate constitutes justifiable grounds

When interpreting Article 9(3) and (4) of the Public Officials' Labor Union Adjustment Act and Article 7(3) and (4) of the Enforcement Decree of the same Act comprehensively, the "related trade union" that may participate in negotiations pursuant to the above provisions shall be the same as the subject of negotiations to the extent that the first trade union and the bargaining counter can be unified.

According to the overall purport of the statement and arguments as to this case's health team, evidence No. 3-2 and evidence No. 32, the plaintiff's labor union's demand for collective bargaining of this case is common matters concerning the plaintiff's labor union and the public officials who are union members of 7 unit labor union, including Do office labor union and Do office labor union, and the matters concerning the demand for collective bargaining of Do office labor union are related only to public officials belonging to Do office and Do office, and the scope and contents of both are different. Therefore, the plaintiff's labor union does not constitute "related labor union with Do office labor union which is the first demand for collective bargaining against the intervenor." Thus, refusal of the demand for collective bargaining of the plaintiff's labor union for the reason that the intervenor did not demand the bargaining within the period of the demand for bargaining does not constitute justifiable grounds by itself, regardless of whether the intervenor'

(4) The theory of lawsuit

Therefore, it is unreasonable for the Intervenor to refuse the demand of the Plaintiff Trade Union to negotiate the instant organization. Therefore, the decision on review of this case, which has different conclusions, is unlawful.

3. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges at the appellate court

Judge Shin Jae-hun

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.