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(영문) 대전지방법원천안지원 2012.09.25 2011가합3919

임금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relationship between the parties, etc. 1) The Defendant Company is a corporation established for the purpose of manufacturing and selling all kinds of internal combustion engines parts, and the Plaintiffs are the Agsan Factory of the Defendant Company (hereinafter “Agsan Factory”).

)a factory and a Young-dong factory (hereinafter referred to as “ Young-dong factory”).

2) The Plaintiffs have been working for the National Metal Trade Union A(hereinafter referred to as the “Ampic Association”) or the Young-dong Branch of the same Union A(hereinafter referred to as the “Ampic Association”) (hereinafter referred to as the “Ampic Association”), which is an industrial trade union, as an employee. The Plaintiffs have joined and have been working for the Plaintiff’s labor union by combining the above two branches.

B. On January 13, 2010, the Plaintiffs’ union and the Defendant Company entered into a “Agreement on the Improvement of Subdivision Wages and Transitional Systems” in 2009, including that “on January 1, 2011, by taking into account economic situation and all the relevant conditions, to promote the two-way system.” (2) On December 23, 2010, the Plaintiffs’ union demanded a special organization negotiation to the Defendant Company based on the said agreement, and accordingly, the Plaintiffs’ union and the Defendant Company continued a special negotiation regarding the introduction of the two-way system per week period from January 18, 201 to May 4, 2011.

3) Upon the occurrence of special negotiations between the Defendant Company, the Plaintiffs’ Trade Union applied for mediation of a labor dispute to the Chungcheongnam-nam Regional Labor Relations Commission on May 3, 201, but the said commission decided to suspend mediation without presenting a mediation proposal on May 13, 201 on the ground of a significant difference between labor and management. (c) The Plaintiffs’ Trade Union and the Defendant Company’s lock-out 1) voting for industrial action against its members from May 17, 201 to May 10:30, 201, and 566 members of the Defendant Company’s Trade Union, including 27 members working at the Daegu Factory and Southern East-dong Factory of the Defendant Company, were voting for industrial action against its members from May 17, 2011 to 10:30, May 18, 2011.