부당해고및부당노동행위구제재심판정취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal shall include the costs resulting from the participation in the appeal.
1. The court's explanation concerning this case is identical to the statement in the reasoning of the judgment of the court of first instance, except for a change of the grounds of the judgment of the court of first instance as prescribed in paragraph (2). Thus, it shall be cited by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of
2. Amending the part of the judgment of the first instance to the effect that “Supreme Court 2012Du8694” is changed to “Supreme Court 2012Do8694”.
The details of conduct 12 through 11 of the first instance judgment shall be modified as follows:
As Plaintiff A’s second revision to the rules of employment violates a collective agreement without any provision on retirement age, it is null and void pursuant to Article 33(1) of the Trade Union and Labor Relations Adjustment Act and Article 96(1) of the Labor Standards Act. The labor-management council and labor union are different in terms of the purpose of establishment, matters to be consulted or negotiated, and bargaining power to employers, and thus the labor-management council and labor union are not recognized to have the right to consent to change the disadvantage of working conditions. Therefore, it is not allowed to arbitrarily change the contents of working conditions already prescribed in the collective agreement or the rules of employment into the labor-management council. Furthermore, the G subdivision president of the headquarters of this case’s headquarters delegated the authority to labor-management consultation with F, and there is no authority to conclude the collective agreement. Accordingly, in this case, the labor-management council and labor union asserted that the contents of working conditions under the collective agreement cannot be changed through the labor-management agreement formulated by the labor-management council. Accordingly, the collective agreement is established by preparing an agreement (agreement) with the employer or labor-management association and the parties concerned.