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(영문) 서울행정법원 2020.05.14 2018구합85761
교섭단위분리재심결정취소의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the decision on retrial of this case

A. 1) Korea Post, as a member of the Ministry of Science and ICT, administers postal services, including postal services, such as acceptance, carriage, and delivery of mail, and postal savings and postal insurance. The Plaintiff: (a) has a local administration and a post office under the control of Korea Post; and (b) has introduced a consignment collection system entrusted to the private sector, which entrusts part of the office members, a national public official, to recruit regular consignment delivery personnel; and (c) has entered into a contract for sub-entrusted delivery with the head of a post office and the head of a post office (Evidence 1, 1, and 2). (b) An intervenor is a national industrial trade union.

The Intervenor had Category C branch under its control and had Category D branch under C branch.

D The Sub-council has joined 100 members of the sub-entrusted delivery center working at Korea Post.

B. On July 13, 2018, the Intervenor filed an application for the division of bargaining units, and the initial decision-making intervenor on this application, filed an application for division of bargaining units with the Chungcheong Regional Labor Relations Commission to the effect that “the type of work of delivery delivery delivery delivery delivery delivery delivery delivery units are divided into separate bargaining units,” and the Chungcheong Regional Labor Relations Commission rendered the initial decision-making on August 13, 2018 to the effect that the Intervenor received the said application.

(A) Evidence No. 1 (c)

On September 6, 2018, the Plaintiff, who was dissatisfied with the Plaintiff’s application for reexamination and the decision of the initial trial of the instant case, filed an application for reexamination with the National Labor Relations Commission on September 6, 2018, but the National Labor Relations Commission dismissed the application for reexamination on the ground that “(i) the re-entrusted delivery service provider constitutes a worker under the Trade Union and Labor Relations Adjustment Act, and (ii) the type of work of the re-entrusted delivery delivery provider is recognized as a need to be separated by a separate negotiating unit.”

(A) / [Based on recognition] Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. The plaintiff.

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