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(영문) 대법원 2016.01.14 2013다84643
단체교섭응낙청구
Text

All appeals are dismissed.

The costs of appeal shall be borne by an independent party intervenor.

Reasons

The grounds of appeal are examined.

1. Article 29-2(1) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides that where there are not less than two trade unions which establish or join a single business or workplace, a trade union shall set a representative bargaining trade union and request bargaining. However, where an employer agrees not to undergo the procedures for the simplification of bargaining windows within a deadline for autonomous determination of a representative bargaining trade union (hereinafter “period for autonomous determination of bargaining delegation”), an individual bargaining may be conducted. Article 14-6(1) of the Enforcement Decree of the Trade Union Act (hereinafter “Enforcement Decree”) provides that the period for autonomous determination of bargaining delegation, i.e., the period for which an employer may consent to individual bargaining, shall be 14 days from the date of determination or determination pursuant to Article 14-5 of the Enforcement Decree.

In addition, Article 14-5 of the Enforcement Decree provides that a trade union that has an objection to the notice of the employer's request for bargaining may raise an objection to the employer, and that the employer may request the Labor Relations Commission to make a correction if the employer does not make a public notice upon the request or makes a public notice differently from the details of the application, and that the Labor Relations Commission in receipt of the request for correction shall make a decision thereon within 10 days from

Article 17-2 of the Labor Relations Commission Act, along with such provisions of the Trade Union Act and the Enforcement Decree, provides that the Labor Relations Commission shall deliver the result of the disposition in writing to the parties, and the effect of the disposition shall arise from the date of receiving the written decision, etc., and since the period of autonomous decision on the representative bargaining takes effect when the period of autonomous decision on the representative bargaining comes to the effect that the representative bargaining trade union is decided autonomously or the employer is unable to consent to individual bargaining, the initial date

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