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(영문) 대법원 2019.07.25 2016다274607
단체교섭의무 부존재확인 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Articles 29(2) through (4), 29-2 through 29-5 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) amended by Act No. 930 on January 1, 201 introduce a system of simplification of bargaining windows to allow a representative bargaining trade union to be established and conducted collective bargaining in cases where there are not less than two trade unions established or joined in a single business or workplace regardless of their structural form. Article 1 of the Addenda of the Trade Union Act provides that, in principle, the enforcement date of the provision on the simplification of bargaining windows such as a representative bargaining trade union shall be determined as of January 1, 201 as of July 1, 201. Meanwhile, Article 4 of the Addenda provides that “collective bargaining trade unions in force at the time of the enforcement date of this Act shall be deemed a representative bargaining trade union under this Act.”

Article 4 of the Addenda to the Trade Union Act “Enforcement Date of this Act” shall be deemed as July 1, 201, which is the enforcement date of the provisions related to the simplification of bargaining windows, and the term “the representative bargaining trade union under this Act” shall be deemed as a representative bargaining trade union at the time of the enforcement date of the Trade Union Act. It is reasonable to interpret that the term “the representative bargaining trade union under this Act shall be deemed as a representative bargaining trade union” to mean that it may continue existing collective bargaining without undergoing procedures for the simplification of bargaining windows as a negotiating party

(see, e.g., Supreme Court Order 2012Ma858, Nov. 12, 2012). Article 33(1) of the Constitution provides that “workers shall have the right to independent association, collective bargaining, and collective action to improve working conditions,” thereby guaranteeing workers’ right to independent collective bargaining, as well as the right to collective action.

Accordingly, one project or project; or

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