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(영문) 서울행정법원 2018.09.13 2018구합52648
교섭단위 분리 결정 재심결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the decision on retrial;

A. The Plaintiff was converted into a corporation on December 28, 201 pursuant to the Act on the Establishment and Operation of A, a national university corporation (hereinafter “A Act”), and succeeded to the State’s rights and obligations arising in relation to A management before that conversion.

(Article 8(1) of the Addenda to the AA Act. The Plaintiff is running programs, such as fostering of education and human resources, strengthening of research capacity and support, performance of social responsibilities of national universities, community service, etc., by using approximately seven thousand full-time workers in order to contribute to the national development and human prosperity through the research of truth, creation of new knowledge, and training of human resources.

B. The Intervenor is a national industrial trade union established on November 6, 1998 with the organization of workers at national higher education institutions, and a superior organization is the Federation of CTrades.

A branch is affiliated with the intervenor, and approximately 240 workers belonging to the plaintiff are affiliated with the above branch.

C. A trade union (hereinafter “the representative bargaining trade union of this case”) is a company-level trade union established on December 28, 201 for its employees, and there is no superior organization.

A representative bargaining trade union of this case has approximately 1,000 workers belonging to the plaintiff. D.

On September 18, 2016, the intervenor applied for a decision on the division of the class of teaching assistants among the plaintiff's negotiating units, and the Seoul Regional Labor Relations Commission and the National Labor Relations Commission accepted the intervenor's application in around 2016 and made a decision to separate the class of teaching assistants from the plaintiff's negotiating unit.

E. On September 19, 2016, the Intervenor applied for a decision on the division of bargaining units under the Seoul Regional Labor Relations Commission’s 2017 unit22.

However, the Seoul Regional Labor Relations Commission (Seoul Regional Labor Relations Commission) on October 19, 2017 has a significant working condition to separate bargaining units between the Plaintiff's legal employee and its own employee.

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