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(영문) 서울중앙지방법원 2019.06.18 2018가단5171187
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs, as the employees belonging to the Defendant, have entered into an employment contract with the Defendant, and the Plaintiff A is the chairman of the I Trade Union comprised of the employees belonging to the Defendant (hereinafter “Trade Union”).

The defendant is a juristic person established for the purpose of importing and selling manufactured tobacco.

B. Articles 24 and 24 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) (1) An employee may be engaged exclusively in affairs of a trade union without providing labor prescribed in a labor contract, where a collective agreement is prescribed or the employer consents thereto.

(2) A person who is engaged exclusively in affairs of the trade union pursuant to paragraph (1) (hereinafter referred to as the "full-time officer") shall not be paid any benefits from the employer during the period of said full-time.

(3) An employer shall not restrict the legitimate activities of his/her predecessor.

(4) Notwithstanding paragraph (2), where the employer determines or agrees to do so by a collective agreement, workers may, within the extent not exceeding the limit of exemption from working hours determined pursuant to Article 24-2 (hereinafter referred to as "limit of exemption from working hours") in consideration of the number of union members by business or workplace, conduct affairs prescribed by this Act or other Acts, such as consultation with and negotiation, grievance settlement, and industrial safety activities, with the employer without any loss of wages, and maintain and manage the trade union

(5) A trade union shall not conduct industrial actions in order to demand the payment of wages in violation of paragraphs (2) and (4) and accomplish such demand. In cases where the labor-management and labor-management agree by a collective agreement, etc., the labor-management and labor-management provide for the “working hours exemption system” through which the union members may pay wages as if they provided labor for the hours of performing the labor within a certain scope

(c).

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