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(영문) 서울중앙지방법원 2013.01.31 2012가합45547
단체교섭응낙청구
Text

1.(a)

The defendant shall not comply with a request for collective bargaining concerning wages and conclusion of collective agreements, 2012 by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company-level trade union comprised of some of the employees belonging to the Defendant (around 200).

An independent party intervenor (hereinafter referred to as the “ intervenor”) is a national industrial trade union on a national unit for workers engaged in a field related to the metal industry, and as of January 1, 2012, a considerable number of the defendant’s workers (not less than 3,000 persons) belong to the Intervenor’s gold Gidong Branch and Gisung Branch.

B. On January 1, 2012, an intervenor requested the Defendant to conduct collective bargaining on January 1, 2012, and the Plaintiff requested the Defendant to conduct collective bargaining on January 7, 2012. The Defendant is the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

(2) On January 18, 2012, pursuant to Article 14-3(1) of the Enforcement Decree, the Plaintiff and the Intervenor publicly announced the fact of requesting the negotiation from January 11, 2012 to January 17, 2012. (2) The Defendant issued to the Plaintiff and the Intervenor a notice of confirmation of a trade union requesting the negotiation pursuant to Article 14-5(1) of the Enforcement Decree of the Trade Union Act (hereinafter “instant confirmation notice”). From the same day to January 22, 2012 (hereinafter “instant confirmation notice”).

C. On January 20, 2012, the Plaintiff filed an objection pursuant to Article 14-5(2) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act against the Defendant on the ground that the Defendant publicly announced the Intervenor’s number of union members by including the Plaintiff’s number of union members. However, the Defendant did not make a correction public announcement following the Plaintiff’s objection by January 22, 2012, which is the closing date of the instant final public announcement. 2) On January 26, 2012, the Plaintiff requested correction pursuant to Article 14-5(4) of the Enforcement Decree of the Trade Union and Labor Relations Commission (hereinafter “Seoulnam Labor Relations Commission”) to the Plaintiff on January 26, 2012.

The plaintiff's objection on February 3, 2012 is not about the contents submitted by the plaintiff, but about the contents submitted by the intervenor.

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