교섭대표노동조합 공정대표의무위반시정 재심신청 판정취소
The appeal is dismissed.
The costs of appeal are assessed against the Intervenor, and the remainder are assessed against the Intervenor.
The grounds of appeal are examined.
1. According to the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”), an employee may freely organize a trade union or join it (the main sentence of Article 5), and a trade union may demand an employer to conduct collective bargaining on behalf of its members (Article 29(1)). However, where there exist two or more trade unions in a business or workplace regardless of its structural form, each trade union shall, in principle, set a representative bargaining trade union in accordance with the procedures for the simplification of bargaining windows and demand the employer to conduct collective bargaining.
(Article 29-2(1) main purpose of the Trade Union Act is to establish an efficient and stable collective bargaining system by effectively resolving the problems such as the reflection and conflict between a trade union or between a trade union and an employer that may arise when multiple trade unions exercise their independent collective bargaining rights, the decrease in the efficiency of collective bargaining, the increase in expenses, etc.
(see Supreme Court Decision 2016Du36956, Oct. 31, 2017). A trade union that has not become a representative bargaining trade union under the system of simplification of bargaining windows cannot independently exercise its right to collective bargaining. As such, the Trade Union Act imposes an obligation of fair representation on an employer and a representative bargaining trade union to prevent discrimination against a trade union that has participated in the procedures of simplification of bargaining windows or its members in order to protect a trade union that has not become a representative bargaining trade union.
(Article 29-4(1). The duty of fair representation functions as an institutional device to ensure that fundamental contents of collective bargaining rights guaranteed by the Constitution are not infringed, and the effects of collective agreements concluded between a representative bargaining trade union and an employer are unified.