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1. The Defendant’s KRW 30,736,778 as well as the Plaintiff’s annual rate of KRW 5% from December 29, 2015 to November 29, 2016.
Reasons
1. The following facts can be acknowledged in full view of each entry in Gap evidence 1 to Gap evidence 5 (including each number), as to the cause of the claim.
① On June 29, 2010, the Plaintiff Company entered into a collective agreement (hereinafter referred to as “collective agreement in 2010”) with the Korean Democratic Trade Union C Branch Association of the Korean Metal Workers’ Association (hereinafter referred to as the “C Branch”) (hereinafter referred to as the “C Branch”). A trade union (hereinafter referred to as “A trade union”) was established under Article 20 in the company, and was selected as a representative bargaining trade union through the procedures for the simplification of bargaining windows, on July 12, 2012, the Plaintiff Company entered into a collective agreement with A Trade Union and a collective agreement (hereinafter referred to as “collective agreement in 2012”).
② Articles 14 and 16 of the collective agreement in 2010 and Article 16 of the collective agreement in 2012 stipulate the following as follows: “The Company shall deduct the amount of lump sum payments from the cooperative in accordance with the following written request for mutual aid among unions and deliver it to the cooperative on the following day: (i) the amount of the cooperative’s expenses, ii) and other amount agreed upon by the cooperative.”
After that, as the collective agreement in 2012 was effective two years (Article 122 of the Convention), the Plaintiff Company concluded a new collective agreement on September 18, 2014 with Ano and entered into a new collective agreement on September 18, 2014, but it has not yet been negotiated with C Branch.
Article 123 of the collective agreement in 2012 provides that "a company shall automatically renew the existing collective agreement without a request for renewal by the expiry date of the term of validity, and when negotiations for renewal are in progress, this Convention shall remain effective and shall make every effort to conclude a new collective agreement: Provided, That either party shall not request the termination of the existing collective agreement on the ground of the expiration date of the term of validity."
③ The Plaintiff Company shall request the C Branch Association to grant full deduction for union expenses.