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(영문) 서울행정법원 2016.03.25 2015구합7234

과반수노동조합에대한이의결정재심결정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

An intervenor in the process of the instant decision is a corporation that is established on May 10, 1978 and employs approximately 300 regular workers and operates taxi passenger transportation business.

B The trade union is a superior organization as a national industrial trade union established on May 4, 200 with the organization of workers engaged in the nationwide taxi industry, which is established on May 4, 200, and has a "A subdivision" composed of members belonging to the participating parties, and the number of members belonging to A subdivisions is approximately 120.

The plaintiff is organized as the workers belonging to the intervenor and is a company-level trade union established on July 1, 201, and the number of its members is approximately 130.

A(P)The Trade Union shall have approximately 20 members of an enterprise-level trade union established on February 27, 2015, the organization of which is organized by the participants belonging to the Intervenor, and the higher organization is the D Trade Union.

The E-Trade Union is a national trade union established on June 30, 201 for the organization of workers engaged in taxi transport business, and a superior organization is a member of the Korean Democratic Trade Union, and there is a "A subdivision" established on July 12, 2011 for the employees belonging to the Intervenors (hereinafter "the instant subdivision"). The number of members belonging to the instant subdivision is about 27.

On March 3, 2015, the Plaintiff demanded collective bargaining to renew the collective agreement to the intervenors.

On the same day, the intervenor publicly announced that the plaintiff's request for the above negotiation and the trade union which wants to negotiate other than the plaintiff should be requested to the intervenor by March 10, 2015.

B. The 3th of the same month, the 6th of the same month, and the 6th of the same month, the A(State) trade union.

9. The intervenors demanded negotiations to conclude a collective agreement.

On March 11, 2015, the Plaintiff announced that the period of public announcement from March 11, 2015 to March 17, 2015, each of the above trade unions requested negotiations as follows:

The name of a trade union shall be the number of union members.