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(영문) 서울중앙지방법원 2016.09.22 2015가합512390

임금

Text

1. The Defendants are listed in the “affiliated Company” column in the attached Table 1’s Schedule to each of the relevant Plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) The Defendant Company is Drawer Co., Ltd., Ltd., the purpose of which is CATV broadcasting business, etc. (hereinafter “drawer”).

) A corporation that is entrusted with the installation of new cable broadcasting, AS, and removal of cable broadcasting. Meanwhile, the Kative Technology Co., Ltd. was declared bankrupt on September 18, 2015 by the Seoul Central District Court 2015Hahap100132, and A was appointed as a trustee in bankruptcy. On May 10, 2016, a decision to discontinue the bankruptcy became final and conclusive on September 18, 2015 (hereinafter “Defendant Cative Technology”), regardless of whether before or after September 18, 2015.

2) The Plaintiffs are members of a desired joint and several labor union (hereinafter “instant labor union”) who work for each Defendant company as indicated in the “affiliated company” list in attached Table 1.

B. On February 26, 2014, the Trade Union and Labor Relations Commission requested the Defendant Company to revise the collective bargaining agreement with a fixed amount of at least KRW 100,00,000,000, and a fixed rate of at least 10%, and various allowances and bonuses. From that time to May 19, 2014, the Trade Union and Labor Relations Commission conducted collective bargaining with the Defendant Company over ten times since that time. (ii) The Trade Union and Labor Relations Commission applied for the mediation of the collective bargaining agreement proposed by the Trade Union and Labor Relations Commission after the 10th negotiation, and the National Labor Relations Commission decided to suspend mediation around May 27, 2014.

C. (1) The instant Trade Union and Labor Relations Commission reported a lock-out to an administrative agency and the Labor Relations Commission on July 8, 2014, and completed a lock-out around 09:00 on July 9, 2014. The instant Trade Union and Labor Relations Commission reported a lock-out, respectively, on the following grounds: (a) the industrial action was resolved upon as a result of pro-con voting for the industrial action conducted around May 30, 201; (b) the industrial action was conducted from June 2, 2014 to June 20 of the same month; and (c) the Defendant continued to engage in a strike, such as the full-time, partial strike, and solar strike; and (d) the Defendant Company reported a lock-out to the relevant administrative agency and Labor Relations Commission on July 8, 2014.