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(영문) 서울행정법원 2018.04.26 2017구합73822

교섭단위분리결정재심판정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Causes and details of the decision on retrial;

A. The Plaintiff ordinarily employs approximately 1,80 workers and establishes and operates a new village campus at the school of a household (hereinafter “instant university”), a tobacco medical center, etc.

B. The Intervenor joining the Defendant (hereinafter “ Intervenor trade union”) is a national industrial trade union established with the organization of workers at national higher education institutions, and its superior organization is the Federation of the Korean Democratic Trade Union.

The branch office of the Intervenor’s Union Annual School is comprised of 60 full-time workers working at the pertinent university (hereinafter “full-time workers”) and 4 employees in full-time workers.

C. The annual school trade union (hereinafter “representative bargaining trade union”) is a company-level trade union consisting of higher-level organizations as the Federation of Korean Workers’ Unions, the Federation of Korean Private University Workers’ Unions, and there are 390 employees in administrative and operating workers working at the pertinent university (hereinafter “administrative workers, etc.”).

On March 31, 2017, the Intervenor trade union filed an application with the Seoul Regional Labor Relations Commission for the separation of full-time workers from the bargaining unit, such as administrative workers, on the ground that it is necessary to separate the bargaining unit on the ground that there is a significant difference in working conditions between full-time workers who belong to the Intervenor trade union and workers, such as administrative workers who belong to the Intervenor trade union in this case.

On April 26, 2017, Seoul Regional Labor Relations Commission dismissed an application for separation of the bargaining unit on the ground that “The need for separation of the bargaining unit cannot be recognized in light of the working conditions, employment types, bargaining practices, etc. of full-time workers, administrative workers, etc., such as the full-time worker and the worker in

(hereinafter “Decision of the Seoul Regional Labor Relations Commission”) e.

On May 23, 2017, the Intervenor Trade Union filed an application for review seeking revocation of the above decision with the National Labor Relations Commission.

The National Labor Relations Commission shall work full time on June 23, 2017.