손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Basic Facts
The plaintiff is a corporation that operates broadcasting business, cultural service business, etc., and constitutes a national network through its head office and 18 local affiliates nationwide.
Defendant B (hereinafter “Defendant Labor Union”) is a trade union composed of the Plaintiff’s employees, and the remaining Defendants are the Plaintiff’s employees and the members who are in charge of the duties of the chairperson, vice chairperson, secretary general, director general, and secretary within the Defendant Labor Union.
Defendant Trade Union, including the conduct of strike, has Seoul Branch corresponding to the Plaintiff’s headquarters and each local affiliate. Defendant Trade Union Seoul Branch composed of employees belonging to the Plaintiff’s headquarters from January 30, 2012 to the same year.
7. Until July, 17, a strike (hereinafter “instant strike”) was conducted.
【In the absence of dispute, the strike of this case is unlawful as the “S president’s retirement” that is irrelevant to working conditions and the “Guarantee of Impartiality of Broadcasting,” and is unlawful as well as the time, procedure, means and method thereof.
Therefore, as a joint tortfeasor, the Defendants are liable for the damages incurred by the Plaintiff due to the strike of this case as the joint tortfeasor.
Article 3 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides that “When an employer has suffered a loss due to collective bargaining or industrial action under this Act, an employer shall not claim compensation against the trade union or worker,” thereby imposing restrictions on the employer’s claim for damages.
Here, damages exempt from civil liability for damages are limited to damages caused by legitimate industrial actions, and industrial actions without legitimacy constitute tort and the employer who suffered damages due to such action constitutes trade unions or workers.