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(영문) 광주지방법원해남지원 2019.07.03 2018가합3445
단체협약무효확인
Text

1. The plaintiff's main office and the independent party intervenor's application for intervention shall be dismissed respectively;

2. The costs of lawsuit are due to the principal lawsuit.

Reasons

The main lawsuit and the independent party part shall be considered together.

1. Basic facts

A. The Plaintiff is a D Association established on October 10, 1970 under the former Agricultural Cooperatives Act (wholly amended by Act No. 2577 of March 5, 1973).

The defendant is an affiliate of the above union composed of the plaintiff's workers who joined the E-Trade, and the main contents of the defendant's management regulations enacted on February 9, 2015 are as follows:

(hereinafter referred to as the “Operational Rules”). Part I of Chapter I of the General Regulations (Reasons for Enactment) Article 1 of the E-Trade Union (hereinafter referred to as “this Article”) establishes the B-Subdivision Operational Rules (hereinafter referred to as the “Subdivision”) pursuant to Article 4 of the Addenda to the Operational Rules for the Local Headquarters in Gwangju-nam District Headquarters.

Article 5 (Activities of Branch Offices) Activities shall be as follows:

1. The division shall, as a basic unit under this Article, promote the unification and the division of workers of the E-Trade Union, and shall carry out the business and the realization of objectives and activities of the division under this Article;

2.The following shall provide for the activities to be solved, limited to the sub-sections:

2) Other activities related to collective bargaining and supplementary agreements with the branch shall be performed by the division under Chapter 5 and the officers of the division under Article 17 (Executives) shall have the following officers:

1. One chief of the branch office;

2. In cases of a small chief of parts;

3. One secretary general;

4. A few names for accounting audit;

1. 1) represent the local chapter and preside over all business affairs; 2) be the signatory of official documents and certificates;

3) The division shall be an executive officer of the finances. 4) The division shall convene and preside over various meetings.

Part VII, the right to negotiate and conclude collective agreements with the branches of Article 23 (Negotiation and Conclusion of Collective Agreement) of the Collective Agreement shall be the chairperson of this Article.

Matters which are incomplete under the provisions of Article 1 (Trade) of the Addenda shall be governed by the regulations of this Article and ordinary practices.

Section 2 (Right to Interpretation of Provisions) The right to interpret this provision is vested in the chairperson of this section.

B. On April 1, 2007, the Plaintiff enforced the wage peak system (for wage payment rate: 56 years old 70%, 57 years old 50%, 58 years old 50%), and on January 1, 2015, the provision on the wage peak system payment rate is 56 years old 80%, respectively.

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