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(영문) 전주지방법원 2015.12.11 2014나5473
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person operating passenger transport business, etc., and the Defendant is a member of the bus headquarters of the Democratic Labor-General National Transport Industry Workers’ Union (hereinafter “SPC”) with the Plaintiff’s employee.

B. The collective bargaining between the bus company and the Democratic Labor-General National Transport Industry Trade Union (hereinafter “instant association”) in the Jeonju-si including the Plaintiff was not run properly. The members of the instant association started joint strike from around 04:00 on December 8, 2010 to around 08:00 on the same day by preventing the company’s entrance from using a bus or a car, or by removing the air pressure of bus riding.

The Defendant, as a member of the instant association, participated in the joint strike and removed air pressure from 90 buses owned by the Plaintiff that were parked in the Plaintiff’s parking lot on December 8, 2010.

The joint strike, which started as above, has continued for about five months, and thereby, the bus operation in Jeonju City has been interrupted.

Accordingly, on April 21, 201, five bus companies including the Plaintiff and five cooperatives in Jeonju-si, including the Plaintiff (hereinafter “instant agreement”) reached an agreement with each of the following contents (hereinafter “instant agreement”). Accordingly, the members of the instant association including the Defendant (hereinafter “instant agreement”) decided to suspend joint strike and return to work.

A citizen passenger, a new passenger, a passenger on the preceding day, a daily passenger, a plaintiff (hereinafter referred to as the "private passenger"), and a national transportation industry trade union (hereinafter referred to as the "labor union") agree to the agreement for the settlement of smooth and efficient labor-management relations as follows:

1. The private survey shall determine whether to return to work space, the deduction of union assistance expenses, and the full-time officer's deliberation for the convenience of the elderly, taking into consideration the circumstances of each company;

2. The private survey team shall take disciplinary action in relation to the labor union movement after joining the labor union and ending on the agreement.

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