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(영문) 서울고등법원 2015.07.22 2013나53573
해고무효확인 등
Text

1. All appeals filed by the plaintiffs and the claims extended in the trial are dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The status of the parties is a company that produces semiconductor parts located in the Gu and America. The plaintiffs are the defendant's employees, who are members of the Korea Metal Trade Union (hereinafter "MMMMMMM") J branch branch (hereinafter "JMM"), and the plaintiffs' positions in JMM are as follows.

As set forth in the table of subsections.

B. On January 1, 2010, the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) was amended on January 1, 201, and the main contents of the instant case are as follows.

Article 24 (Full-time Officer of Trade Union) (1) Workers may be engaged exclusively in affairs of a trade union without providing labor prescribed in a labor contract, if it is prescribed by a collective agreement or with the employer's consent.

(2) A person who is engaged exclusively in affairs of the trade union pursuant to paragraph (1) (hereinafter referred to as the "full-time officer") shall not be paid any benefits from the employer during the period of said full-time.

(3) An employer shall not restrict the legitimate activities of his/her predecessor.

(4) Notwithstanding paragraph (2), where the employer determines or agrees to do so by a collective agreement, workers may conduct affairs provided for in this Act or other Acts, such as negotiations with the employer, settlement of grievances, and industrial safety activities, and affairs provided for in maintenance and management of a trade union for the development of sound labor-management relations, within the extent not exceeding the limit of exemption from working hours determined pursuant to Article 24-2 (hereinafter referred to as "limit of exemption from working hours") in consideration of

(5) A trade union shall not conduct industrial actions in order to demand payment of wages in violation of paragraphs (2) and (4) and accomplish such demand.

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