209Guhap15999 The revocation of revocation of a disposition to return a trade union establishment report

○○ Trade Union

The head of Gangdong-gu Seoul Metropolitan Government

July 21, 2009

September 10, 2009

1. The defendant's disposition to revoke the return of the trade union establishment report against the plaintiff on February 25, 2009.

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

The order is as set forth in the text.

1. Details of the disposition;

A. The Plaintiff was a trade union for which Nonparty ○○○○ Co., Ltd. (former ○○○○ Co., Ltd.; hereinafter collectively referred to as “Nonindicted Company”) organized taxi drivers belonging to Nonparty ○○○○○ Co., Ltd. (hereinafter referred to as “Nonindicted Company”). After undergoing a general meeting of incorporation on January 29, 2008, the Plaintiff submitted a trade union establishment report to the Defendant around that time.

B. On February 25, 2009, the defendant had already been organized in the non-party company's headquarters ○○○○○ Branch (hereinafter "○○○ Branch") which is a separate labor union, and its employees joined the ○○○○ Branch and remains there. Thus, the plaintiff's report on the establishment of the labor union was enacted by Act No. 5310 on March 13, 1997, and was amended by Act No. 8158 on December 30, 2006; hereinafter "Article 5 (1) of the Addenda to the Trade Union and Labor Relations Adjustment Act". Thus, the plaintiff's report was rejected on the ground that it violates Article 5 (1) of the Addenda to the Trade Union and Labor Relations Adjustment Act (hereinafter "the disposition in this case").

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of the whole pleadings]

2. Whether the disposition is lawful;

A. The plaintiff's assertion

"Where a trade union is organized in one business or workplace" under Article 5 (1) of the Addenda means the case where a company-level trade union or a union of a similar type is organized in one business or workplace. The ○○ Branch, etc. to which ○○○○, etc. joined is merely the branch of an industrial trade union, which is the primary company, and it cannot be deemed an organization corresponding to the unit trade union of the previous business because there is no independent collective bargaining right or right to enter into an agreement. Therefore, there is no room to apply the above provision.

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

(c) Facts of recognition;

(1) The ○○ Trade Union is an industrial trade union consisting of workers engaged in the nationwide transportation business, and the ○○○ Branch is a branch of the ○○ Headquarters belonging to the ○○○ Branch, which is the business sector of the ○○ Trade Union.

(2) The first employee of the non-party company was a member of the ○○○○ Branch. A dispute arose between the members of the non-party company around 2006 and around November 2007. Around January 2007, the secession of the members became accelerated, and most of the members of the non-party company retired from the association around January 2008. However, the number of members of the non-party company including 10 persons, including ○○○ Branch, remains in the ○○ Branch.

(3) On January 29, 2008, 10 of the union members who withdrawn from the ○○○ Branch, 10 of the union members held the Plaintiff’s establishment general meeting, enacted the new trade union regulations, elected Kim○ as the chairman, as the vice-chairman, and Kim○○ as the auditor.

(4) On February 1, 2008, Kim○-○ requested the National Taxi Trade Union Federation to issue a copy of the Plaintiff’s establishment and a letter of authorization for executive officers. However, the National taxi trade union confirmed that the members belonging to the ○○○○○○ Headquarters of the non-party company remain in the non-party company, and on the ground that it is a violation of Article 5(1) of the Addenda to the establishment of the Plaintiff, the Plaintiff did not issue the certificate of registration and the letter of authorization for the establishment of the national taxi trade union branch of the Plaintiff.

(5) As of May 20, 2009, 119 of 133 taxi drivers belonging to the non-party company are admitted to the Plaintiff’s association members.

(6) The main contents of the rules of the ○○○ Headquarters are as follows.

Article 7 [Composition]

The Association shall be composed of all workers engaged in taxi transportation business and related industries across the country and members of the Association (hereinafter referred to as “the Association”) under the declaration, Gangwon-do, the Rules, and the following persons:

Article 9 (Affiliated Organizations)

1. A regional headquarters shall be established in each administrative district (Special Metropolitan City, Metropolitan City, Do) unit, or each region;

4. The association may establish its local headquarters or its affiliated branch within a separate scope set by place of business or its affiliated branch.

(2).

Article 45 (Power of Collective bargaining)

All collective bargaining powers of a union shall be vested in the chairperson: Provided, That if the chairperson deems it necessary, he/she may delegate his/her collective bargaining rights to the head of the regional headquarters, the head of the regional headquarters, or a specific person upon resolution by the Central Executive Committee. Article 4

1. A collective agreement shall be signed by the Chairperson, and the negotiating members shall jointly sign the agreement.

2. The heads of regional headquarters or branch offices, etc. selected as collective bargaining members by a union who intend to conclude a collective agreement;

In the case of the chairperson, he/she shall sign it with the prior approval of the chairperson, and the negotiating members shall sign it jointly.

Article 49 (Application for Mediation)

An application for conciliation by a union shall be:

3. A resolution on the mediation of the branch office shall be made at the request of the chairperson of the local branch office, or at the central execution committee or each regional headquarters (branch office);

The Chairperson shall conduct the proceedings.

Article 49 【Industrial Actions】

3. For an industrial action by a local headquarters, a local headquarters (branch) shall report the reason and details thereof to the chairperson, and the chairperson;

with the approval of the Commission.

(7) On June 4, 2008, the head of ○○○○ Seoul Headquarters of the National Transport Industry Trade Union sent a letter of demand for collective bargaining to renew a wage agreement and group agreement to Nonparty Company. According to the letter of demand, there is no member of ○○○ Branch among the negotiating members.

[Ground for Recognition: Facts without dispute, Gap 3, 4, 5, 6, 8, Eul 3, 5 through 7, and the purport of the whole pleadings]

D. Determination

(1) Article 5 of the Trade Union and Labor Relations Adjustment Act provides that "Any employee may freely organize a trade union or join it." Article 5 (1) of the Addenda provides that "where a trade union is organized in one business or workplace, it shall not establish a new trade union which shall be organized with the trade union until December 31, 2009, notwithstanding the provisions of Article 5, if the trade union is established in one business or workplace, it shall not be permitted to establish a new trade union which shall be organized with the trade union until December 31, 2009." Article 5 of the Addenda of the Trade Union and Labor Relations Adjustment Act provides that "if a business or workplace is organized, it shall not be allowed to establish a new trade union which shall be organized with the trade union until a business or workplace is established in Korea, the establishment of multiple trade unions shall be prohibited for a limited period of time until necessary matters, such as methods and procedures for the simplification of bargaining windows, and it shall also be subject to the appointment of an independent trade union by type of business or branch of an industrial union.

(2) According to the above facts, it is evident that the ○○ Branch is the subordinate branch of the ○○ Headquarters, which is the subordinate branch of the ○○ Trade Union, a nationwide unit industrial unit trade union, and does not constitute a company-level trade union.

In addition, according to the rules and regulations of ○○○ Trade Union, all the collective bargaining powers of the union are the above president (only the president may delegate bargaining rights by designating the head of a branch, etc. when the chairperson deems it necessary), the negotiating members obtain approval from the chairperson when concluding the collective bargaining agreement, and the president or the chairperson is required to obtain approval from the chairperson when the branch intends to file an application for mediation, an industrial action, etc., and the ○○○ Branch is not included in the negotiating members in the collective bargaining process for the renewal of the wage agreement and the collective agreement in 2008 between the National Transport Industry Trade Union and the non-party company. In light of the above, the ○○ Branch does not have the ability to conduct collective bargaining or conclude a collective agreement without being delegated by or on behalf of the ○○○ Labor Union, and therefore, it cannot be said that the ○○ Branch corresponds to the unit trade union.

(3) Therefore, even if the non-party company remains a member of the non-party company's ○○○ Branch, this does not constitute "where a trade union is organized in one business or workplace" under Article 5 (1) of the Addenda. Thus, it cannot be said that the establishment of the plaintiff does not violate Article 5 (1) of the Addenda, and the defendant's disposition of this case made on a different premise is unlawful.

3. Conclusion

The plaintiff's claim is justified and accepted.

Judges OOOO-O

Judges OOO

Judges ○○

Related Acts and subordinate statutes

◆ 노동조합 및 노동관계조정법

Article 5 (Organization and Admission of Trade Union)

Workers shall be free to establish a trade union or to join it: Provided, That matters to be substituted by public officials or school teachers shall be prescribed by other Acts.

Article 5 (Transitional Measures Concerning Establishment of Trade Unions)

(1) Where trade unions are organized in one business or workplace, notwithstanding the provisions of Article 5.

Until December 31, 2009, a new trade union with a trade union entitled to be organized shall be established as a new trade union.

(2) shall not be deemed to have been paid.