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(영문) 대전고등법원 2014.04.24 2012나6378
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Facts constituting the basis of the case

A. The relationship between the parties, etc. 1) The Defendant Company is a corporation established for the purpose of manufacturing and selling all kinds of internal combustion engines parts. The Plaintiff 1 through 29 is an Agsan Factory of the Defendant Company (hereinafter “Agsan Factory”).

(2) The Defendant Company’s employees are employees, and the remaining Plaintiffs are employees of the Defendant Company’s Youngdong Factory (hereinafter “Ydong Factory”).

2) The Plaintiffs have been working for the National Metal Trade Union A (hereinafter referred to as the “Ampire Association”) or the Young-dong Branch of the same Union A(hereinafter referred to as the “Ampire Branch of the Republic of Korea”) as an industrial trade union. The Plaintiffs have been working for the Plaintiff by combining the above two branches (hereinafter referred to as “Plaintiffs’ union”).

B. On January 13, 2010, the Plaintiffs’ union and the Defendant Company agreed pursuant to the “Agreement on the Improvement of the Party’s Wages and Work-Based Systems” (hereinafter “Agreement”). The said agreement includes the content that “the purpose of introducing the two-way system on January 1, 201, taking into account economic situation and all the relevant conditions.” (ii) the Plaintiffs’ union demanded the Defendant Company to participate in the special collective bargaining based on the said agreement.

Accordingly, from January 18, 201 to May 4, 2011, the Plaintiffs’ unions and the Defendant Company continued to participate in special negotiations regarding the introduction of a two-way alternative system on a 11-time basis.

However, the special negotiations between the plaintiffs' union and the defendant company were eventually displayed.

3) On May 3, 2011, the Plaintiffs’ Trade Union applied for mediation of a labor dispute to the Chungcheong Regional Labor Relations Commission. On May 13, 2011, the said commission made a decision to suspend mediation without submitting a mediation proposal on the grounds of a significant difference in the position between labor and management. (c) The Plaintiffs’ Trade Union and the Defendant Company’s lock-out 1) made a decision to suspend mediation against its members from May 17, 201 to May 10, 2011.

In the above-mentioned pros and cons voting, the defendant company.

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