In a case where the head of the competent Gu has rejected the report on establishment on establishment on the establishment of a trade union of a company-level trade union Eul with four workers employed as Gap's driver, on the ground that it constitutes a multiple trade union prohibited under Article 7 (1) of the Addenda of the Trade Union and Labor Relations Adjustment Act since the head of the competent Gu had already organized a branch of an industrial unit trade union for the transportation company Gap as Eul

In a case where the head of the competent Gu has rejected the report on establishment of the trade union Eul of the unit trade union of each company Gap which is four workers employed by Gap's driver, on the ground that the head of the competent government already organized the branch of the unit trade union of each company Gap, which is prohibited by Article 7 (1) of the Addenda of the Trade Union and Labor Relations Adjustment Act (amended by Jan. 1, 2010), the case holding that Eul is an organization-level trade union of each company limited to "A driver's," while Byung is an organization-level trade union of the Korean taxi industry trade union of which the organization is "workers engaged in the business related to the national taxi transportation business and its subsidiary business," while Byung is an organization-level trade union of the Korean taxi industry trade union of which the organization is "the national taxi industry trade union of which the national taxi industry trade union can decide matters against the resolution of the National taxi industry union of Korea" and its umbrella regulations, it is difficult to view Byung as an independent collective bargaining and collective agreement without delegation of the superior unit trade union of the above company.

Article 5 of the Trade Union and Labor Relations Adjustment Act, Article 7(1) of the Addenda ( January 1, 2010) of the Trade Union and Labor Relations Adjustment Act

Sejong Transport Trade Union ( Daejeon General Law Firm, Attorney Ahn Jin-jin, Counsel for the defendant-appellant)

Head of Geumcheon-gu Daejeon Metropolitan City

May 30, 2011

1. The Defendant’s disposition of rejecting a trade union establishment report filed with the Plaintiff on March 9, 2011 is revoked.

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

The same shall apply to the order.

1. Details of the disposition;

A. On February 26, 2011, the Plaintiff completed the general meeting of establishment, and on February 28, 2011, the Plaintiff reported the establishment of a trade union by designating the Defendant as an employee who is engaged in driving duty in the Sejong Transportation Co., Ltd. (hereinafter “sub-type transportation”), as four members, and as four members.

B. On March 9, 2011, the Defendant issued a disposition to return the report on the establishment (hereinafter “instant disposition”) on the ground that it constitutes a multiple trade union prohibited by Article 7(1) of the Addenda of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) (Article 9930, January 1, 2010, etc.) (hereinafter “instant Addenda”).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 7 (including virtual numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The parties' assertion

The defendant asserts that the disposition of this case is lawful on the ground of the above disposition. Accordingly, the plaintiff asserts that the three-party transport union is unlawful, since the plaintiff is a company-level trade union and does not have an independent collective bargaining and collective agreement formation ability, it cannot be deemed as an organization equivalent to the company-level trade union. Thus, the disposition of this case on the premise that the plaintiff constitutes multiple trade unions prohibited by the Addenda of this case.

B. Relevant statutes

It is as shown in the attached Form.

C. Determination

1) Article 5 of the Trade Union Act provides that "workers may freely organize a trade union or join it." Article 7 (1) of the Addenda provides that "in cases where a trade union is organized in a business or workplace, a new trade union shall not be established until June 30, 201, which shall be organized with the trade union, notwithstanding Article 5, until June 30, 201." Article 7 (1) of the Addenda provides that "in cases where a trade union is established in a business or workplace, a new trade union shall not be established which shall be organized with the trade union until June 30, 201." It intends to temporarily prohibit the establishment of multiple trade unions in Korean industrial sites, where a business or workplace unit trade union in which a unit of business or workplace is mainly organized immediately after it is established, until necessary matters, such as methods and procedures for the simplification of bargaining windows, etc., are devised. It includes 200 units of business or workplace, 200 units of business or workplace, 200 units of business or workplace, with independent business or workplace labor union's ability, and 20100 independent collective bargaining.

2) On the premise of the above legal principles, the following circumstances are acknowledged to view that the labor-management agreement between the Plaintiff and the non-party 2 and the non-party 3-party 3-party 2-party 2-party 3-party 2-party 2-party 3-party 2-party 3-party 2-party 3-party 2-party 2-party 1-party 3-party 2-party 2-party 3-party 1-party 2-party 2-party 3-party 3-party 1-party 2-party 3-party 2-party 3-party 1-party 2-party 1-party 2-party 3-party 2-party 1-party 2-party 3-party 2-party 1-party 3-party 2-party 3-party 1-party 2-party 3-party 2-party 2-party 3-party 3-party 1-party 2-party 3-party 3-party 2.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

[Attachment] Relevant Statutes: omitted

Judges Embryon (Presiding Judge)