손해배상등
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal No. 1, a collective agreement with an employer or employers’ association is formed by preparing a written agreement on matters arising from the labor-management relations, with both parties thereto, and such agreement is not necessarily required to be made through collective bargaining procedures.
Therefore, even if an agreement on working conditions and other labor-management relations between a trade union and an employer was reached through consultation between the labor-management council, if both parties to the agreement are prepared in writing with intent to make it a collective agreement and the representative of both parties meet the substantive and formal requirements of a collective agreement on behalf of each trade union and the employer, such agreement
(2) The labor-management agreement of this case constitutes a collective agreement stipulated by the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) and the instant agreement, on the grounds indicated in its reasoning. The lower court determined that each of the labor-management agreements of this case constitutes a collective agreement stipulated by the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) and the instant agreement.
In light of the above legal principles and records, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the meaning of a collective agreement and the legal principles on the interpretation
2. As to the grounds of appeal Nos. 2 and 3
A. Article 33(1) of the Constitution provides that “workers shall have the right to independent association, collective bargaining, and collective action to improve working conditions.” Article 22 of the Trade Union Act provides that “The members of a trade union shall have equal rights and duties to participate in all matters of the trade union.”
On the other hand.