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(영문) 인천지방법원 2017.02.09 2015구합51938
노동조합설립신고수리처분취소청구의소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s labor union is a trade union established around June 2007 by consisting of workers belonging to AD, a local public enterprise affiliated with Incheon Metropolitan City.

B. A. On September 24, 2014, a trade union comprised of some workers of the A.A. (hereinafter “this case’s trade union”) reported to the head of Yeonsu-gu Incheon Metropolitan City on the establishment of a trade union, and the head of Yeonsu-gu Incheon Metropolitan City’s training head determined whether the instant union satisfies the requirements of a trade union under Article 2 subparag. 4 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) based on the report and the content of the submitted bylaws

(Trade) As the Trade Union Act was amended by Act No. 9930 on January 1, 2010, multiple labor union was fully allowed from July 1, 201 pursuant to Article 1 of the Addenda. Accordingly, A corporation had two trade unions, such as Plaintiff’s labor union and this case’s labor union.

C. After the establishment of the instant labor union, the members of the Plaintiff’s labor union joined the instant labor union as a representative bargaining labor union, thereby exercising their right to negotiate with the Plaintiff’s labor union.

Meanwhile, on March 30, 2015, the competent administrative authority of the Trade Union and Labor Relations Adjustment changed to the defendant.

[Grounds for Recognition] Uncontentious Facts, Gap 1 and Eul 1, and the inquiry results on the head of Yeonsu-gu Incheon Metropolitan City in this Court, the purport of the entire pleadings

2. Determination on this safety defense

A. Under the current Trade Union Act, where multiple labor unions are not established under the Defendant’s assertion that the benefits derived from Plaintiff’s labor union are merely anti-private interests, and cannot be deemed as legally protected interests. Thus, Plaintiff’s labor union is not a standing to sue seeking nullification of the instant disposition.

Therefore, the instant lawsuit is unlawful.

B. The current situation where multiple labor unions are allowed to be determined.

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