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(영문) 서울고등법원 2013.10.11 2013나15267
단체교섭응낙청구
Text

1. Revocation of the first instance judgment.

2. The defendant shall conduct collective bargaining with the plaintiff regarding the matters for negotiations listed in the attached Table 1 list.

Reasons

This Court only appealed against the judgment of the court of first instance, and only the plaintiff appealed against the judgment of the court of first instance. However, the plaintiff's claim against the defendant by the independent party intervenor is not compatible with the plaintiff's claim against the defendant, and it is necessary to make a joint decision of conclusion between the original defendant and the independent party intervenor. Thus, among the judgment of the court of first instance, the part of the plaintiff's claim against the defendant in the judgment of first instance was completely interrupted, and it is subject to

Basic facts, relevant statutes, and the grounds for the court’s explanation on this part are as stated in the “1. Basic Facts” and “2. related statutes” and “3. Party’s assertion,” respectively, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Judgment

According to Article 29-2(1) and (2) of the Key Trade Union Act, where multiple trade unions exist in a single workplace, a trade union shall determine a representative bargaining trade union and request a business entity to conduct collective bargaining; Provided, That where an employer consents not to undergo procedures for the simplification of bargaining windows (i.e., where an employer consents to the individual bargaining with a trade union), an employer may conduct individual bargaining with a trade union. Such individual bargaining agreement of an employer is "the period for the autonomous decision of a representative bargaining trade union below the period for the autonomous decision of a representative bargaining trade union."

must be made within such period.

Article 29-2(2) of the Trade Union and Labor Relations Adjustment Act and Article 14-6(1) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act stipulate the period of self-determination of a representative bargaining. The purpose of the above provision is to ensure that the trade union requesting bargaining voluntarily determines the representative bargaining trade union or the employer consents to the individual bargaining, while at the same time to prevent unfair time collective bargaining.

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