In case where a unit trade union delegates the power of collective bargaining to an associated organization, whether the power of collective bargaining by a unit trade union is lost (negative)

"Delegation of the right to collective bargaining" under Article 33 (1) of the former Trade Union Act (repealed by Act No. 5244 of Dec. 31, 1996) means that a trade union entrusts a person, other than a representative of the organization, with the conduct of collective bargaining on behalf of the union or for union members, from the standpoint of the union, the conduct of conducting collective bargaining between the employer and the side of the union. Even if there is no separate declaration of intention such as termination after delegation, the right to collective bargaining still exists concurrently with the delegated person's right to collective bargaining. It does not change in cases where a unit trade union delegates such right to an associated organization, which is an upper organization to which the labor union is a member

Article 33 of the former Trade Union Act (repealed by Act No. 5244 of Dec. 31, 1996) (see current Article 29 of the Trade Union and Labor Relations Adjustment Act)

Korean Atomic Energy Research Institute (Attorney Go Young-chul, Counsel for defendant-appellant)

Defendant 1 and five others (Defendant 1 Law Firm Han-dong, Attorneys Yu-hee et al., Counsel for the defendant-appellant)

Seoul High Court Decision 97Na45725 delivered on April 9, 1998

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

Article 33 (1) (main sentence) of the former Trade Union Act (amended by Act No. 5244 of Dec. 31, 1996; hereinafter the same) provides that "the representative of a trade union or a person delegated by a trade union shall have the right to negotiate on the conclusion of a collective agreement with an employer or an employers' organization for the trade union or union members, and Article 33 (2) of the same Act provides that "unit trade union may delegate bargaining to an associated organization which has joined the trade union through a resolution of a general meeting or a board of representatives." "Delegation of collective bargaining power" under Article 33 (1) of the Act means that a trade union entrusts a person other than the representative in its organization with the affairs of conducting collective bargaining between the employer and the union on behalf of the union, and even if no separate declaration of intention such as termination after delegation exists, the right to collective bargaining of the trade union still exists concurrently with the right to collective bargaining of the delegated person, and it does not change in cases where a unit trade union affiliated with an associated organization is an associated organization.

According to the reasoning of the judgment below, the Korea Institute of Nuclear Research (hereinafter referred to as the "Korea Institute of Nuclear Research") passed a resolution to entrust all the collective bargaining rights, including the right to wages and collective agreements of 195 at the temporary conference on March 10, 1995, to the National Institute of Hospital Workers as an upper organization. On the 15th day of the same month, the non-party 1, the chairperson of the National Institute of Hospitals and the representative of the National Institute of Nuclear Research, who is the chairperson of the non-party 1 and the National Institute of Nuclear Hospital Workers, as the representative of the non-party 3, who was the chairperson of the 9th day of the 9th day of the 9th day of the 9th day of the conclusion of the collective agreement on behalf of the non-party 3, who was the president of the 9th day of the 9th day of the 9th day after the conclusion of the collective agreement on behalf of the representative of the 197th day of the 19th day of the amendment.

Therefore, the appeal shall be dismissed and the costs of appeal shall be assessed against the plaintiff who is the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Cho-Un (Presiding Justice)