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(영문) 서울행정법원 2013.11.08 2013구합11031

교섭단위분리재심결정취소

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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

1. Details of the decision on retrial;

가. 참가인은 1973. 3. 1. 설립되어 서울 영등포구 여의도동 18에 본점을 두고, 5개 본부와 18개 지역방송국에서 상시근로자 약 5,407명을 고용하여 국가기간방송사업을 경영하는 법인이고, 원고는 1988. 1. 21. 방송연기자를 조직대상으로 설립된 단위노동조합으로서 탤런트, 성우, 코미디언, 무술연기자 등 4개 지부를 설치하여 방송연기자 약 4,386명이 가입하여 활동하고 있다.

On the other hand, there are the KBS trade union, the KBS headquarters of the Korea Press Workers' Union, the KBS Public Trade Union, the KBS resource management branch of the Korea Press Workers' Union, and the KBS Broadcasting Workers' Union.

B. On January 10, 2013, the Plaintiff filed an application with the Seoul Regional Labor Relations Commission for the division of each negotiating unit between the intervenors, who are union members of the Plaintiff, and other workers belonging to the Intervenor, in conducting collective bargaining with the Intervenor. On February 8, 2013, the Seoul Regional Labor Relations Commission made a decision that separate the Intervenor’s negotiating unit from the Intervenor’s negotiating unit, in light of the fact that the Plaintiff had the substance as a trade union; the Intervenor continuously produces broadcast programs; the Intervenor’s union members directly produces broadcast programs; the Intervenor’s union members contribute to the said broadcast programs for a certain period; and the Plaintiff and the Intervenor entered into an agreement and a collective agreement separately with other workers for about 25 years with respect to the postponed broadcast. The Plaintiff and the Intervenor received a decision that separate the Intervenor’s negotiating unit as upon the Plaintiff’s application.

Seoul 2013 unit1: Provided, That the reason for the above decision is that the plaintiff applies for a decision on the division of bargaining units to the intervenor.