단체협약해지무효확인
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. Whether the termination of the collective agreement of this case constitutes unfair labor practice
A. The proviso of Article 32(3) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides that “If an organization agreement has a separate agreement to the effect that a new collective agreement remains in force until a new collective agreement is concluded, if such agreement has not been concluded even after the expiration of the term of validity, such agreement shall prevail, and either of the parties may terminate the previous collective agreement by notifying the other party six months prior to the date on which he/she intends to terminate the said agreement by notifying the other party of his/her intention at least six months prior to the date on which he/she intends to terminate the said agreement.” In cases where the collective agreement becomes in force continuously pursuant to the automatic extension clause of the indefinite term after the expiration of the term of validity,
Meanwhile, an employer’s act of controlling or participating in the organization or operation of a trade union by workers is prohibited as an unfair labor practice under Article 81 subparag. 4 of the Trade Union Act.
In full view of the content of an act done against a worker or a trade union and the situation, time, place, method, and impact on the organization, operation, or activity of a trade union, in cases where an employer recognizes the intent to control or intervene in the organization, operation, or activity of a trade union actually differently from the grounds indicated on the surface, an unfair labor practice is established, and the establishment of an unfair labor practice as a result of such control or intervention does not necessarily lead to the result of infringing the workers’ right to organize.
(see, e.g., Supreme Court Decision 2006Do388, Sept. 8, 2006). However, the fact that an employer’s act constitutes unfair labor practices under the Trade Union Act is that such act constitutes unfair labor practices.