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(영문) 서울행정법원 2019.01.25 2018구합58059
공정대표의무위반시정재심결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that ordinarily employs approximately 460 workers and operates passenger transport business.

An intervenor is an industrial trade union organized for workers engaged in transportation business, etc., and has a subdivision composed of the plaintiff's workers under its jurisdiction.

C. A trade union (hereinafter referred to as the “C trade union”) is a regional trade union organized for workers engaged in transportation business, etc. in the Seoul area, and its affiliated branch has A branch composed of the plaintiff's workers.

B. A collective agreement is concluded 1) An intervenor, C Trade Union, etc. under the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

(2) On December 10, 2015, following the procedures for the simplification of bargaining windows pursuant to Article 29-2, the Korea Trade Union was established as a representative bargaining trade union. 2) D unions which delegated the Plaintiff’s right to collective bargaining and sign collective agreements with C Trade Union, a representative bargaining trade union, entered into a collective agreement with the term of validity on May 15, 2017 from February 1, 2017 to January 31, 2019 (hereinafter “instant collective agreement”), and the contents relating to the instant case are as follows.

Meanwhile, at the time of entering into the instant collective agreement, 411 of the Plaintiff’s workers, and 52 of the participants, respectively, were 463 members of the Plaintiff’s trade union.

Article 42 (Use of Company Facilities) Company shall lend its office and may lend and use office fixtures, communication and other facilities necessary for trade union activities in consultation with the Company.

Article 45 (Transitionr) (1) Company shall recognize the representative of a trade union and a person in exclusive charge of affairs and affairs of a branch office as a person exempted from working hours, and the working hours shall be exempted for consultation and negotiations between labor and management, grievance settlement, industrial safety activities, and autonomous trade union's maintenance and management affairs for the development of sound labor-management relations.

(2) A company shall be exempted from working hours.

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