교섭요구사실의공고에대한시정재심결정취소청구의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the decision on retrial;
A. On November 28, 2017, the Plaintiff (hereinafter “C”) established a D agency (hereinafter “instant agency”) and entered into a motor vehicle sales service contract with a motor vehicle sales agency owner and entered into a motor vehicle sales service contract with a motor vehicle sales agent, and is a sales agent who carries out the business of motor vehicle sales and car collection, claims management, etc.
15 persons who operate a motor vehicle sales business with more than 15 persons.
B. A trade union is a nationwide industrial trade union, which is comprised of “car masters” serving at the nationwide automobile sales agencies. A trade union was issued a trade union establishment report to the Seoul Regional Employment and Labor Office on September 18, 2015, and was issued a trade union establishment report on September 18, 2015. A trade union was established on May 30, 2018. A trade union was established, and eight of the car masters belonging to the instant agency is admitted as its members.
C. On January 14, 2019, a trade union requested the Plaintiff to conduct collective bargaining in writing in accordance with the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”). On January 25, 2019 and March 20, 2019, the Plaintiff urged the Plaintiff to re-announce the fact of requesting bargaining, but the Plaintiff did not publicly notify the fact of requesting bargaining.
On April 3, 2019, the B trade union filed an application for correction of the publication of the request for bargaining with the Gyeongbuk Regional Labor Relations Commission.
On April 15, 2019, the Gyeongbuk Regional Labor Relations Commission accepted an application for correction on the ground that “The car masters of the instant agency, a member of the B trade union, constitutes a worker under the Trade Union Act, and the Plaintiff is obligated to publicly notify the fact for seven days from the date of receipt of the request for bargaining.”
(Seoul 2019 negotiation10). e.
On May 8, 2019, the Plaintiff appealed to the National Labor Relations Commission.
The National Labor Relations Commission shall have jurisdiction over the first inquiry tribunal on May 20, 2019.