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(영문) 대법원 2016.02.18 2014다11550
교섭대표노동조합지위확인
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

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

1. Article 29-2(1) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides that where there are not less than two trade unions which establish or join a single business or workplace, a trade union shall set a representative bargaining trade union and request bargaining. However, where an employer agrees not to undergo the procedures for the simplification of bargaining windows within a deadline for autonomous determination of a representative bargaining trade union (hereinafter “period for autonomous determination of bargaining delegation”), an individual bargaining may be conducted. Article 14-6(1) of the Enforcement Decree of the Trade Union Act (hereinafter “Enforcement Decree”) provides that the period for autonomous determination of bargaining delegation, i.e., the period for which an employer may consent to individual bargaining, shall be 14 days from the date of determination or determination pursuant to Article 14-5 of the Enforcement Decree.

Meanwhile, the Trade Union Act and the Enforcement Decree of the Trade Union Act classify the procedures for the simplification of bargaining windows into the procedures for the determination of trade unions and the procedures for the determination of representative bargaining trade unions. Article 14-5 of the Enforcement Decree of the Trade Union Act provides that an employer's notification of the trade union requesting bargaining, an employer's objection to the notification of the trade union requesting bargaining, and a request for correction to the Labor Relations Commission. Articles 14-6 through 14-9 of the Enforcement Decree provide for the procedures for the determination of representative bargaining trade unions in order of the autonomous decision of a representative bargaining trade union, the confirmation of representative bargaining trade union of a majority trade

In addition to the contents of the Trade Union Act and the Enforcement Decree, the period of self-determination of the representative bargaining party is autonomous by all trade unions participating in the procedures of simplification.

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