Character of the employer’s right to remedy from unfair labor practices

The employer's right to request remedy against unfair labor practices shall be independent of the trade union itself, separate from the right to request remedy against an employee who has infringed on his/her right, so it may be withdrawn after submitting the request without the consent of the employee.

Article 40(1) of the Trade Union Act

Plaintiff

National Textiles Trade Union Jeon-North Branch

Gwangju High Court Decision 78Na257 delivered on November 8, 1978

The appeal shall be dismissed. The costs of appeal shall be borne by the plaintiff.

We examine the Plaintiff’s ground of appeal.

The right to request remedy against unfair labor practices by an employer guaranteed under Article 40(1) of the Trade Union Act is a separate trade union itself from the right to request remedy from an individual worker whose right has been infringed. Therefore, the first instance court's decision cited by the court below that the defendant trade union's act of dismissal of the plaintiff by the non-party Honam Industrial Co., Ltd. submitted a remedy to the Jeonnam Industrial Co., Ltd. on the ground that the act of dismissal of the plaintiff constitutes unfair labor practice shall not be deemed null and void as its own exercise of the union's own exercise of the right to request remedy by the labor union is just and the decision of the court below is not just and the right to request remedy by the

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

Justices Ahn Byung-soo (Presiding Justice) (Presiding Justice)