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(영문) 서울고등법원 2020.02.05 2019누56335 (1)

교섭단위 분리 결정 재심결정 취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. 1) The Plaintiff is a national university established in 1946, and the Plaintiff was converted into a corporation on December 28, 201 pursuant to the Act on the Establishment and Management of National University Corporation A, a national university. As such, the Plaintiff’s major business is “education and fostering of human resources, etc. to cultivate search and creativity,” employing approximately 7,100 full-time workers. 2) The Plaintiff’s employees were composed of the following table by March 2018.

Among them, the "corporate employee" is a worker who was a public official, a worker employed with the budget of the association before conversion into a corporation in December 201, and a worker employed after conversion into a corporation.

In addition, “self-employee” is composed of regular, indefinite, fixed, and short-term workers employed by the institution affiliated with the Plaintiff as its own budget, such as each college, its affiliated facilities, research facilities, and affiliated schools.

In the field of occupation (title), 2,105 faculty members (full-time faculty members) 1,203 researchers 1,203 researchers 1,424 assistant instructors 290 and assistant instructors 290 and assistant instructors 1,037, and 116 fixed-term and part-time workers, 517 fixed-term and part-time workers 716 small 2,3863). On the other hand, until March 2018, the Plaintiff entrusted an external service company with the management of cleaning, mechanical, electrical and electrical lines of university facilities, etc. by being assigned to the Plaintiff’s university facilities, laboratories of teachers, etc., corporation employees and employees, office offices, attached facilities, schools, etc. (hereinafter collectively referred to as “facilities management personnel”).

B. B. A trade union in the Plaintiff’s activity 1) The trade union organized or joined by the Plaintiff’s employees is a total of four members of the Intervenor, G trade union (hereinafter “G labor union”), H branch of the E-trade union H (hereinafter “E-trade union”), and I-trade union (hereinafter “I-trade union”).

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