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(영문) 대전지방법원공주지원 2015.05.27 2015가합20052
단체협약이행등청구
Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate of 5% from January 28, 2015 to May 27, 2015.

Reasons

1. Facts of recognition;

A. The defendant is a company whose business purpose is passenger transportation business, etc.

On October 24, 2014, the driver's workers belonging to the defendant company established a civil transport company's trade union (hereinafter referred to as "this case's trade union") and operated by the defendant company's employees, and join the plaintiff's association, a mountain-level union, and currently is organized in the form of the division of the citizen's transport division in Daejeon Chungcheong District of Daejeon.

B. On October 19, 2011, the instant labor and the Defendant concluded a collective agreement (term of validity from February 1, 201 to January 31, 201) with a view to newly establishing Article 20(2) that “it may be employed as a commissioned worker by only a person who retired from the company’s retirement age,” but deleted the said provisions as stated in the collective agreement upon the demand for the labor union. 2) The instant labor and the Defendant concluded a labor-management agreement with a view to employing a commissioned worker on September 28, 2012.

1. The company shall be employed as a commissioned worker for one year who retires from the company's retirement age;

2. He shall be employed according to his wishes after going through the minimum period of withdrawal from the office after his retirement; and

3. The employment period shall be one year and shall not be renewed;

Terms and conditions of employment and wages shall be the same as those of a new worker.

4. It shall enter into force after April 1, 2012, and shall be employed from October 1, 2012 in accordance with the operation of the company (where necessary, such as whether there is a change in the number of workers).

5.In the later amendment of the collective agreement, it shall be inserted in the clause.

3) On November 11, 2013, the instant labor and the Defendant concluded a labor-management agreement with the purport that “all agreements related to commissioned workers shall be deleted, and the retirement age system under the collective agreement shall be maintained.” Meanwhile, the collective agreement concluded in 2013 pursuant to the said agreement (term of validity from February 1, 2013 to January 31, 2015) does not contain the content concerning commissioned workers.

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