단체협약해지무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) The Plaintiff is a trade union at a national level established with the entire nation’s metal industry and metal-related industry workers, etc. organized, and the Defendant is a company established with the purpose of manufacturing, processing, wholesale and retailing, export and import business of various pulp and paper.
(2) A trade union composed of the employees belonging to the defendant became a branch of the Korean Metal Trade Union upon joining the plaintiff on November 3, 2008.
(hereinafter referred to as the “Plaintiff’s Branch”) b. the above A Trade Union and the Korea Metal Trade Union A branch.
On November 15, 2006, the Plaintiff Branch concluded a collective agreement with the Defendant (hereinafter “instant collective agreement”) with respect to the term of validity and the renewal of the agreement. The provisions on the term of validity and the renewal of the agreement are as follows.
Article 1 (Validity Term) This Convention shall take effect from the date of conclusion, and its validity shall take effect for two years.
Provided, That in the case of wage agreements, it shall be separate.
Article 2 (Renewal of Agreements)
1. When a company or a union intends to renew this agreement, it shall submit a proposal to renew the agreement to the other party thirty (30) days before the effective period and request collective bargaining;
2.This Convention shall have effect until it is renewed.
C. On June 19, 2009, the Defendant notified the Plaintiff that “the instant collective agreement shall be terminated pursuant to the proviso of Article 32(3) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union and Labor Relations Adjustment Act”) is difficult to renew the new collective agreement” (hereinafter “instant termination notification”).
Article 32 (Effective Period of Collective Agreement) (1) No collective agreement shall set the effective period exceeding two years.
(2) Where the term of validity is not specified in a collective agreement or exceeds the period under paragraph (1), the term of validity shall be two years.
(3) The term of validity of a collective agreement shall expire.