기타(금전)
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, the lower court, on the grounds indicated in its reasoning, determined that more than half of the total street cleaners and cleaning vehicle drivers working in Jeju city from around 2010 to October 201, who retired from the Plaintiff joined the instant trade union.
Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.
There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on Article 35 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).
2. On the ground of appeal No. 2, the lower court determined that the cleaning vehicle driver and street cleaners of the new organization constituted workers of the same kind as defined in Article 35 of the Trade Union Act, on the grounds as indicated in its reasoning
Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.
There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misunderstanding the legal principles on Article 35 of the Trade Union Act.
3. On the ground of appeal No. 3, the lower court, based on its stated reasoning, determined that the Defendant’s payment of holiday leave expenses under each of the instant wage agreements to all workers subject to the said agreements periodically and periodically according to certain standards constitutes ordinary wages.
Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.
There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on ordinary wages.
4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.