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1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) failed to pay the following money.
Reasons
1. The reasons why the court is able to use this part of the industrial action and lock-out are as stated in Article 420 of the Civil Procedure Act, on the ground that the reasoning of the judgment of the court of first instance is as stated in Article 1(1) of the same Act (the part from 7 lines to 10 lines below the 6 main text).
2. As to the main claim
A. Whether a lock-out is legitimate can be acknowledged as a legitimate industrial action by the employer only if the lock-out is reasonable as a means to defend the industrial action, in light of the specific circumstances, such as an employer’s attitude and process of negotiations by the employer and workers, the purpose and method of industrial action by workers, and the degree of shooting that the employer receives. In cases where the lock-out is deemed a legitimate industrial action, the employer is exempted from the obligation to pay wages to the workers during the lock-out period (see, e.g., Supreme Court Decisions 98Da3431, May 26, 2000; 2007Da76566, Jan. 28, 2010). Based on such legal principles, the Defendant’s lock-out (hereinafter referred to as “the lock-out”).
A) The following facts can be acknowledged in light of the aforementioned evidence, Gap evidence No. 102, Eul evidence No. 102, Eul evidence No. 13, and the overall purport of arguments and arguments. (1) The Trade Union requested the defendant to recognize the office and two members of the Trade Union and the defendant as the full-time officer around March 2008 and delivered documents regarding the preparation of collective bargaining (such as the draft agreement, the number of negotiations, and the bargaining cycle, etc.).
B. On March 28, 2008, the Defendant raised the daily wage of 2,400 won for non-members who did not join the instant labor union while making an increase in wages in 2008 for workers belonging to the Defendant, but gave disadvantages by raising the daily wage of 1,00 won from the daily wage of 1,90 won to the 1,90 won for the Plaintiff, Appointed B, AB, etc. on the ground that they engaged in labor union operation.
Consolidatedly, the instant case.